6.5 Family Violence

Revised September 28, 2023

(time-limited core)

Legal References:

• RCW 74.08A.250
• WAC 388-61-001

The Family Violence section of the WorkFirst handbook includes:

• 6.5.1 What is Family Violence?
• 6.5.2 Why would individuals need help with family violence?
• 6.5.3 What does family violence option (FVO) amendment mean for WorkFirst Cash Assistance participants?
• 6.5.4 What are the responsibilities of DSHS staff?
• 6.5.5 Is screening for family violence required?
• 6.5.6 Why it is important to separate couples when screening?
• 6.5.7 What information should DSHS staff provide?
• 6.5.8 What is the Family Violence Screening/Evaluation?
• 6.5.9 What are the Family Violence screening questions?
• 6.5.10 What happens when an individual discloses family violence to a WorkFirst partner?
• 6.5.11 What is "Good Cause" for not cooperating with the Division of Child Support?
• 6.5.12 What is the Address Confidentiality Program?
• 6.5.13 Individual Responsibilities Plans
• 6.5.14 How do we code family violence participants in eJAS?
• 6.5.15 What family violence services are federally countable?
• 6.5.16 How are family violence services verified and reported?
• 6.5.17 Family Violence - Step-by-step Guide
• 6.5.18 Family violence and sanctions
• 6.5.19 Family Violence and sanctions - Step-by-step

6.5.1 What is family violence?

Family violence is a general phrase that refers to a variety of abusive behaviors that can occur within a family structure.

Family violence includes any or all of the following;

• Domestic violence
• Sexual assault,
• Child abuse and neglect,
• Elder abuse and neglect.

The focus of this section is on what is traditionally known as domestic violence. Domestic violence is physical, sexual, psychological, and/or emotional abuse of an intimate partner in which one partner uses a variety of tactics to gain and maintain power and control over the other partner.

Family violence includes both current experience of these abusive behaviors and the continuing effects of abuse that happened in the past.  Some of the common ways abusers control the person:

• Psychological intimidation
• Interception of mail and phone calls
• Controlling access to transportation or financial means
• Direct physical threats
• Assault

6.5.2 Why would individuals need help with family violence?

Family violence victims may need help because family violence may prevent a person from gaining or maintaining employment and becoming self-sufficient. In family violence situations, some factors affecting participation in activities are:

1. The physical and emotional effects of past or current abuse may hinder job performance or work search.
2. The abuser may try to sabotage the victim's education, training and employment to keep them dependent upon the abuser.
3. The abuser may threaten the safety of the victim, the victim's children or family members.
4. The demands of court intervention, criminal prosecution, safety planning, physical and mental recovery, or counseling may interfere with work, education or training.
5. The individual may need to move or disrupt work to escape an unsafe living arrangement.

One of the missions of DSHS is to help individuals to live in a safe environment. Individuals subjected to, or at risk of, family violence need help to achieve a healthy and safe environment.

In order for individuals to achieve self-sufficiency, it is essential for the individual to have a safe environment for themselves and their children, and to be free from physical or emotional harm or stalking.

6.5.3 What does the Family Violence Option amendment mean for WorkFirst cash assistance recipients?

The Family Violence Option (FVO) recognizes the importance of not just screening individuals, but also actually doing something when a person indicates that they are a victim of domestic violence. This gives the state the flexibility to help these participants safely participate in activities leading to employment and self-sufficiency.

Washington State law maintains that DSHS must:

• Screen and identify adults, minor teen participants or emancipated teens receiving WorkFirst cash assistance/SFA for a history of family violence;
• Notify adults, minor teen participants or emancipated teens receiving WorkFirst cash assistance/SFA about the FVO Amendment both verbally and in writing;
• Maintain confidentiality;
• Refer individuals to social services, counseling, and supportive services;
• Waive WorkFirst requirements in cases where the requirements would make it more difficult to escape family violence, unfairly penalize victims of family violence or place victims at further risk of family violence. Requirements to be waived may include:

1. Time limits for WorkFirst recipients, for as long as necessary (after sixty months of receiving TANF/SFA and participating as required in their family violence plan);
2. See section 3.6.1, Time Limit Extensions, for more information about how family violence affects WorkFirst time limit extensions.
3. Cooperation with the Division of Child Support (DCS).
   
   • Develop specialized activities (services) for those individuals where participation in regular work or work-related activities would place them at further risk of family violence.

6.5.4 What are the responsibilities of DSHS staff?

DSHS staff must give all victims of family violence an ongoing opportunity to disclose circumstances of family violence and to engage in activities that give them more control over their circumstances. If it appears that the person may have a cognitive disability or is unable to read and/or understand what is being asked, determine if Equal Access (EA) plan is needed and/or has been provided.

DSHS staff must actively take steps to refer and/or place participants into activities to help resolve or cope with the issues and to create a safe environment for the family. Every reasonable attempt to help the participant feel comfortable in talking about the situation must be made.

Referrals or activities for family violence may include:

• WorkFirst Social Service Specialist (WFSSS)
• On-site family/domestic violence advocate
• Local family/domestic violence agency (for resources, to discuss safety issues and create a safety plan)
• Counseling and support groups
• Shelters for battered individuals
• Medical services
• Sexual assault and domestic violence hot-lines
• Legal assistance and advocacy
• Mental health services
• Other available services

6.5.5 Is screening for family violence required?

If it is safe for the participant, screening for family violence is required:

• At comprehensive evaluations and assessments,
• Once per year following the initial screening,
• Before a case can be placed into sanction (during good cause determination),
• During the Time Limit Extension analysis in eJAS, and
• At any point of contact with the participant if the worker thinks that family violence is an issue.

Document all family violence screenings in eJAS under the Family Violence Note. If appropriate, offer to refer the participant for additional services described above.

6.5.6 Why is it important to separate couples when screening?

When screening for family violence, safety is of paramount importance.

Never ask the participant about family violence when the other partner is present as this may endanger the participant. Some successful methods for separating couples to safely complete the screening include having an office protocol that recommends completion of all IRPs separately, or the scheduling of an appointment with a family planning worker to separate the couple during their visit to the office.

Review your policy regarding collaboration with local resources and partners. Local resources may be able to offer training or guidance, to refine protocols for screening couples.

6.5.7 What information should DSHS staff provide?

Every adult, minor teen participant or emancipated teen must be given general information both verbally and in writing about:

• The Family Violence option,
• Contracted or community family violence services, and
• Support services available.

Written information must include at a minimum the "Open the Door" brochure DSHS 22-265(x) available in English and Spanish. The WFPS/WFSSS must document in eJAS when this brochure has been given or mailed to the client.

Remind each person that they have an opportunity to disclose issues at any point in time.

Distributing information about family violence
Safety Plan Pocket Guide (DSHS 22-276)	Place these guides in areas where individuals can help themselves to the information (like restrooms, front counters or on your desk)
TANF Family Violence Information brochure "Open the Door" (DSHS 22-265(X))	Ask each individual to read this brochure at the initial eligibility interview and at least yearly thereafter. Then, provide a verbal summary of the information in the flyer.
Family Violence Technical Assistance for all staff working with WorkFirst individuals	360-586-1022 Ext 102 or 104 Monday-Friday 9:00am-5:00pm

6.5.8 What is the Family Violence Screening/Evaluation?

The following is the opening statement and the screening/evaluation questions in eJAS Pathway Development Tool (PDT) for family violence. Screening is required for adults and emancipated minors.

"This is a series of questions we ask everyone about family violence (also know as domestic violence). We know that violence in the home can be hard to talk about. We also know a lot of people experience this, which is why we ask. There is no 'right' answers and this does not affect your eligibility.

• If you let someone know that family violence is an issue for you, we can create a plan that works for you and offer community resources that might help.
• You may answer these questions today, or you can let us know about this issue at any time and we can change your plan. 
• Any information you give us about family violence will be kept confidential in our computer systems. Please let us know if you have concerns about anyone at DSHS accessing this information. 
• If you tell us that any children are being hurt, we are required by law to report the information to the Department of Children, Youth and Families (DCYF) or a law enforcement agency."

If the worker clicks 'Not safe to screen at this time', a Family Violence Screening note type will be generated and the text will read: 'Not safe to screen for family violence at this time.' This is a reminder that the family violence screening has yet to be completed.

6.5.9 What are the Family Violence Screening Questions Screen ?

If it is safe to continue with the screening, workers need to gather 'yes' or 'no' responses to the following six screening questions: 

1. Are you OK answering a few questions about your safety at home?
   • If the response is 'No' staff selects 'Not safe to screen at this time.' This ensures that the family violence indicator remains for staff to complete at a future contact where it is safe to continue with the screening. 
2. Will collecting child support put you or your family in danger?
3. Has a current or former partner ever:
   • Stopped you from going places like work, school, or seeing people?
   • Stalked you when you go out?
   • Dominated your finances and family resources? 
   • Verbally abused, intimidated, or tried to manipulate you? 
   • Had angry outburst or tantrums that frighten you?
   • Threatened you or your children? 
   • Made you feel fearful for any other reason? 
   • Physically harmed you or your family? 
4. Are you currently fleeing from abuse or have you recently left an abusive partner?
5. Have you ever obtained a restraining or no contact order to protect your safety or the safety of your family?
6. Are you currently working with a family violence agency, advocate, or counselor? 

If 'yes' is the response to any of questions 2-6 above, let the participant know that there are specialists on staff who can help with safety issues as well as tailoring plans within WorkFirst to help avoid danger and promote success in the program. Please explain to the participant that the services are available to address family violence. Offer a referral to a Social Services Specialist, Family Violence Advocate or other local family violence resources. Select all the appropriate options that fit the next steps and document in the Pathway Development Tool:

• Interested in resources only
• Referral to family violence advocate
• Referral to social services for family violence
• Staff identify concerns, customer is opting out of family violence services at this time

If the participant answers 'no' to all questions, document that the person reports no issues at this time. When 'No, family violence concerns disclosed at this time' is checked and comments are entered, a note type is generated and the text reads, 'Client screened for family violence. Client has indicated no issues at this time.'

6.5.10 What happens when a participant discloses family violence to a WorkFirst partner?

When WorkFirst partners at Employment Security, Community Trade and Economic Development, or the State Board of Community and Technical Colleges are informed by the participant that family violence is an issue, the worker involved must immediately:

• Determine if the family violence prevents the participant from participating in the current activity and if so, refer the participant back to the WFPS/WFSSS.
• If the person states that the family violence issues won't prevent the participant from participating, it will be helpful to:
  • Explain the advantages of sharing information with her/his WFPS or WFSSS.
  • Collaborate with the participant and the family violence advocate to develop necessary action steps that address the participant's immediate safety needs.
  • Not refer back the participant or prevent the person from participating when they are willing and able to participate in work-related activities.
• Ask the participant if it is permissible to share the information with the participant's WFPS/WFSSS and then obtain a signed Consent form (DSHS 14-012), and
• Encourage the participant to contact the WFPS/WFSSS or family violence worker, and
• Explain that job search or other deferrals due to family violence require approval by the WFPS/WFSSS.

6.5.11 What is "Good Cause" for not cooperating with the Division of Child Support?

Good Cause allows a participant to be excused from cooperating with Division of Child Support (DCS). The participant must claim to have good cause for not cooperating with DCS. A participant may have good cause when they verify that cooperating with DCS would result in serious physical or emotional harm to themselves or the child in their care. This stops DCS from taking any action to establish an order or to collect child support, which may jeopardize the participants' or family's safety.

The participant must claim and the department must approve or deny the good cause.

If a participant indicates that Family Violence is an issue, consider whether or not Good Cause for non-cooperation with DCS should be established.

1. DSHS staff explain that participants have the right to claim good cause for not cooperating with DCS.
2. An individual applying or receiving benefits completes DSHS 18-334 form “Your Options for Child Support Collection” to claim good cause.
   
   1. Parents and caregivers can access the DSHS 18-334 in the local Community Service Office, a copy of the form can be mailed, or they can access the form online.
3. DSHS staff completes the steps needed to make a good cause determination.
4. The individual must be notified of the good cause determination.

For more information, refer to the Good Cause chapter in the Social Service Handbook  and the Child Support chapter in the E-Z Manual.

6.5.12 What is the Address Confidentiality Program?

The Address Confidentiality Program (ACP) protects the address of persons attempting to escape from actual or threatened domestic violence, sexual assault, trafficking, or stalking situations. Criminal Justice Affiliates, Election Officials, and Protected Health Care workers may also participate in the ACP. The program provides participants with a substitute address to use in place of their actual work, home, or school addresses. State and local government agencies can then respond to public records requests without disclosing the actual location of the participant. The Office of the Secretary of State administers the program. The ACP works best if the individual has relocated to a location that is not already in public record. 

A trained advocate provides individuals with safety planning and assists with the ACP application process. For a current list of advocates trained in your community to sign people up for the ACP, go to https://www.sos.wa.gov/address-confidentiality-program-acp and click on the map for your location.

DSHS staff must accept the participant's  substitute address and enter it into all records; never record the actual street address for work, school, or home of an ACP participant in any automated system. If someone is participating in the ACP, don't require them to disclose their actual home, work, or school address.  For ACP participants, ACES letters don’t include the CSO address on them to protect their geographical location.  When scheduling WF appointments for these participants, all ACES letters instruct the participant to call 1-877-501-2233 or visit https://www.washingtonconnection.org/home/ to find out the location of their appointment.  Don’t add the CSO’s address or appointment locations. 

By itself, the ACP won't keep a person safe. To be really valuable, using the ACP substitute address must be part of a more complete and long-term safety plan.

If the individual doesn't have their authorization card, government agencies may call the ACP office (360-753-2972) to verify that the individual is an active ACP participant.

6.5.13 Individual Responsibility Plans

IRPs are tailored to each participant. DSHS staff has the ability to create IRPs with activities designed to help a victim deal with the issues that result from family violence.

6.5.14 How do we code family violence participants in eJAS?

In any situation where the participant/caregiver participates in any family violence activities, it is necessary to reflect the information in the IRP. Correct coding of family violence is necessary because of federal reporting requirements regarding all participants on TANF especially for those receiving benefits for more than 60 months.

The following are common examples of family violence situations and the correct way to code and document in eJAS:

• The family is in a shelter because the family fled an abuser. The participant decides to continue working part time while they are finding permanent housing. In this situation, code the participant PT for the part time employment using the actual number of hours and XF for finding permanent housing using actual number of hours. Document each issue in the proper eJAS notes type making sure to only document references to family violence under the family violence category.
• The individual is in court ordered perpetrator treatment for abuse related to family violence. The perpetrator is attending perpetrator treatment while simultaneously attending job search. This case would be coded JS and XG to reflect perpetrator treatment. Don't use XF in these cases. Document all court order related notes under legal issues in these circumstances.

When participants disclose family violence, use the XF eJAS code to:

• Make a referral to the WFSSS, or family violence advocate for one hour, code activity using the number of engaged hours for participants already doing activities to help resolve or cope with family violence issues, and to create a safe environment for the family.

 

Note: XF isn't used for the perpetrator. WFPS/SSS should add other codes (activities) in addition to XF if appropriate based on the Family Violence Service Plan.

• The open component code in eJAS must reflect the actual number of hours per week the individual participates in a specific activity.

Special circumstance: XF as stand-alone activity. The WFPS/WFSSS, in collaboration with the domestic violence advocate, should determine the actual amount of hours per week that the person will be participating and code those hours in eJAS when participants/caregivers are unable to participate in any other WorkFirst activity except resolving family violence challenges. The participant doesn't have to add any other activities because XF activities are the only participation that the individual is able to do. In this case, the amount of hours doesn't have to reflect 32-40 hours per week. The case needs to reflect the actual amount of hours that the individual is participating.

6.5.15 What family violence services are federally countable?

As part of the Deficit Reduction Act, the XF countable core activities include:

• Assessments,
• Creating safety plans,
• Participation in support groups, and
• Obtaining required medical care or mental health services or counseling.

Housing and legal issue resolution are not included as federally countable core activities within family violence services. Therefore, the hours for these activities must be reported separately from those mentioned above in order to report the correct federally countable participation. The WorkFirst Participation Verification form must indicate the hours spent working with a participant in family violence countable core activities, listing housing and/or legal services separately.

Since our State cannot report housing and legal issue resolution hours as part of XF countable core activities, the State is not going to get credit for those hours in a federal audit. Even though these activities are not federally countable, housing and legal issue resolution services are still state approved XF activities.

Example:

A participant's Individual Responsibility Plan (IRP) and component screens shows that the participant is scheduled for 30 hours of XF activities. When the WFPS or WFSSS receives the WorkFirst Participation Verification form, it indicates 5 hours of counseling, 10 hours of legal services, and 15 hours for securing stable housing. The only hours that can be entered and reported in eJAS actual hours are the 5 hours of counseling.

6.5.16 How are family violence services verified and reported?

In collaboration with family violence advocacy providers, the WFPS/WFSSS gathers documentation that supports participant's individual needs for WorkFirst family violence services.

Contracted family violence providers must report participant's actual hours and progress for family violence activities using eJAS by the 10th day of the following month. See WorkFirst Handbook 3.7.2.5 for contracted service requirements.

Staff sends non-contracted family violence providers the WorkFirst Participation Verification form for each WorkFirst participant noted in eJAS as receiving family violence services. The non-contracted family violence provider completes, signs, and returns these forms or other documents that verify actual hours and progress to the referring WFPS/WFSSS by the 5th day of the following month. The WFPS/WFSSS enters the countable hours indicated on the form in eJAS actual hours by the 15th day of each month for the previous month's activity.

6.5.18 Family Violence and Sanctions

Victims of Family Violence may not be able to participate in job search or work activities. As a result, it is necessary to make every effort to avoid unfairly penalizing participants by imposing sanctions. If family violence is a significant part of the reason a participant has been unable to follow through with the activities in their IRP, don't impose a sanction; rather renegotiate and modify the IRP to address the barrier so that it aligns with any current family violence service plan that moves the participant forward safely. Documentation in eJAS to support your decision is critical.

Note:  Family violence may be a significant part of the reason a participant is unable to follow through with WorkFirst activities whether the family violence is current or occurred in the past. 

A victim of family violence may be sanctioned.  As described in WFHB 3.5.2.4, if a sanctioned person’s circumstances change, their grant, IRP and/or cure requirements may also change.  Waive a family violence victim’s four-week (28 day) cure requirement if their family violence situation is directly or significantly contributing to their inability to participate – see examples of family violence situations below.  

Examples: A participant is sanctioned for refusing to do job search and discloses the month following sanction that they are dealing with family violence issues.  Follow section 6.5.19 Family Violence and Sanctions - Step-by-Step  to discover if family violence  is directly or significantly contributing to their not participating. Below are five different situations with the appropriate response for each.

#1: Good cause found – Current Family violence is preventing participation – Reverse sanction decision

This woman reports that her abuser is intercepting her mail and phone calls and won't allow her to use their shared vehicle and that this has been happening since before her good cause appointment.  Because the family violence is (and was) preventing her participation in  WorkFirst activities, we would reverse the good cause decision, lift the sanction, and remove the sanction penalty back to the date the penalty was first approved.   Refer the participant to a worker or advocate trained in family violence to create a family violence service plan.   Use this family violence service plan as a guide for developing a new IRP and explain that she must participate in the activities agreed upon in her revised IRP to avoid future sanction and retain her TANF grant. For example, the only activity she may be able to safely do is to contact her WFSSS or family violence advocate on a regular basis by phone.  However, she may want to integrate other activities into her IRP as well, and this may be indicated on the family violence service plan. See WFHB 6.5.17.

#2: Good cause found – Past Family violence is preventing participation – Reverse sanction decision

This woman reports that she has been away from the abuser for two years, but when she tries to leave her home, she fears he may find out how to locate her.  She wanted to participate in job search, but could not manage the courage to leave her home.  She also reported that she was ashamed to call her case manager because it happened so long ago.  Because the family violence is (and was) preventing her participation in WorkFirst activities, we would reverse the good cause decision, lift the sanction, and remove the sanction penalty back to the date of sanction.   Refer the participant to a worker or advocate trained in family violence to create a family violence service plan.   Use this family violence service plan as a guide for developing a new IRP and explain that she must participate in the activities agreed upon in her revised IRP to avoid future sanction. For example, the only activity she may be able to safely do is to contact her WFSSS or family violence advocate on a regular basis by phone.  However, she may want to integrate other activities into her IRP as well, and this may be indicated on the family violence service plan. See WFHB 6.5.17. 

#3: No good cause found – Past Family Violence isn’t preventing participation – Four-week (28 day) sanction cure requirement

This woman comes in to develop a new IRP to cure sanction.  Previous family violence had been disclosed, and she reports that she continued attending weekly family violence support group meetings but stopped attending job search because she thought she found employment and the job fell through.  Past family violence did not contribute to her non-participation.  She will be required to complete a four-week (28 day) cure to lift sanction.  We would encourage her to stay connected with a local advocate or family violence program to assist her in staying safe.  See WFHB 6.5.17. 

#4: No good cause found – Current Family violence is preventing participation – Waive sanction cure requirement

This man reports that he wants to cure his sanction, but his abuser returned last week and made physical threats.  This is new and significant family violence that will keep him from meeting participation requirements but didn’t exist when he entered sanction.  Regardless of the reason for the original sanction, after the Sanction Re-engagement is completed, we waive his four-week  (28 day) cure requirement and remove the sanction penalty.  We should explain that he must participate in the activities agreed upon in his revised IRP to avoid future sanction.   Refer him to a worker or advocate trained in family violence to create a family violence service plan and use that plan as a guide for developing a new IRP. For example, the only activity he may be able to safely do is to contact his WFSSS or family violence advocate on a regular basis by phone.  See WFHB 6.5.17.

#5: No good cause found – Past Family Violence isn’t preventing participation – Four-week (28 day) sanction cure requirement

This woman reports that she has been away from the abuser for two years, and thinks that she may need some help resolving issues that are a result of living with the abuser but acknowledges that she doesn’t fear that he will find her at this time.  She had answered that she had been in a family violence situation during her Comprehensive Evaluation, but reported that she didn’t need help at that time.  She also reported that she did not attend job search because she lost the paperwork and didn’t know where to go or who to call.  Because family violence was not the reason she was not participating in her IRP, there is no good cause.  Refer the participant to a worker or advocate trained in family violence to create a family violence service plan.   Use this family violence service plan as a guide for developing a new IRP.  Her family violence service plan indicates that with a family violence activity she should be able to participate full-time in another activity.  This woman’s past family violence experience was affecting her current behavior but was not significantly related to her inability to participate.    You discuss the Community Jobs program with her, and she agrees that would be a better fit than returning to job search.  Because she is able to participate in activities other than those related to family violence, she will be required to complete a four-week cure to end sanction.   See WFHB 6.5.17. 

 

Note:  If a situation occurs where WF staff make an initial determination on the participant’s family violence service plan because an advocate is not available and later the advocate comes to a different conclusion about what the client can safely do, the worker should discuss the family violence service plan with the advocate.