Domestic Violence and Welfare Reform

Domestic Violence and Welfare Reform

Andrea Wilkins, Policy Associate

Federal Action
State Action
Services in Selected States
Considerations for Legislators
Selected References

Experts estimate that as many as 4 million U. S. women are victims of domestic violence. While domestic violence occurs in all socioeconomic classes, women on welfare are especially likely to be affected. According to research conducted by the Taylor Institute, it is estimated that 60 percent of women on welfare have experienced domestic violence at some point in their lives and 30 percent have experienced it within the past year. Long-term recipients who have been unable to leave welfare are thought to experience domestic violence at even higher rates, perhaps as high as 50 percent. Domestic violence can cause physical and emotional problems that impede a woman's ability to support herself or her children.

Federal Action - The Family Violence Option
The Family Violence Option (FVO) was included in the 1996 federal welfare reforms to allow states to exempt families from work requirements and time limits if the individual has been battered or subjected to extreme cruelty. The FVO allows states to screen for and identify domestic violence in a confidential manner, refer individuals to counseling and support services, help victims relocate and waive certain program requirements if participation in those activities will put the recipient in further danger or make it more difficult for the individual to escape the harmful situation.

Authority to waive or modify these requirements enables states to help battered women whose families otherwise may face loss of assistance and increased risk of further abuse. The FVO has no limit on the number of waivers that can be granted based on the occurrence of domestic violence. Program waivers relate to three areas: the 60-month federal time limit on receipt of cash assistance, the federal work requirement after 24 months of assistance and state-specific time limits that may differ from the federal limit. Under the FVO, state officials can excuse work participation and modify time limits if domestic violence is preventing the recipient from complying with work requirements, waive child support requirements that may subject recipients to retaliatory abuse, and disregard residency requirements that may cut benefits to families who leave the state in order to escape abuse.

The FVO allows states flexibility in addressing this barrier without being financially penalized while they provide these services. It ensures that these individuals will receive at least minimal services, as states must comply with three federal requirements. First, the state must specify the program requirement to be waived. Second, the waiver must be granted on a need-only basis by a person trained in domestic violence and re-evaluated every six months. Finally, the waiver must be accompanied by a service plan developed by a person with domestic violence training. Like many other provisions in states' welfare reforms, FVO procedures can vary widely from one state to another. The U.S. Department of Health and Human Services is prohibited from issuing rules and regulations mandating specific screening and exemption provisions, but it will make recommendations to assist states in implementing the FVO.

State Action
At least 38 states have adopted the FVO although not all states have final policies and procedures in place. Colorado and Ohio allow individual counties to adopt the FVO. States such as Maine, Mississippi, Oklahoma, South Dakota and Virginia have chosen not to adopt the FVO but have alternative domestic violence policies in place. All states provide screening for TANF applicants or recipients with most providing follow-up services and treatment as well. Many states that have decided against implementation indicated that they did not adopt the FVO due to concern over implementing the federal requirements.

Domestic Violence Services in Selected States
Proper notification and screening procedures are critical to effective programs. Caseworkers must establish trust with women before they will disclose domestic violence. Battered woman need to understand that a safety plan, shelter and other services can be provided by the welfare agency and that they can receive help so they can comply with program requirements. Several states have notification procedures that are limited to one-sentence notices of the FVO on the TANF application and follow-up with screening processes that are limited to one or two questions about domestic violence. In a welfare office, this will often be insufficient to establish trust and to explain the services available and how domestic violence can affect participation in the program. Additionally, some TANF applicants may not relate to the description of domestic violence contained in the screening questions and will not identify themselves in that manner.

Some states, including Rhode Island, Alaska, Oregon and Arkansas, use another approach, they avoid the term "domestic violence" in their screening procedures. Instead, officials inform the applicant that they will be required to participate in work activities and ask if participation in the work program would put them in danger of abuse. The rationale behind this practice is that applicants may be more willing to disclosure the occurrence of abuse if they understand how it can affect their ability to comply with TANF requirements.

Other states have also taken steps to increase awareness of the FVO and the types of services offered. New York provides notification of the FVO on the application as well as on a separate palm card that is intended to be more discreet. Minnesota and Oregon provide a separate brochure that describes the FVO and the possible impact on work requirements and New Hampshire's Coalition Against Domestic and Sexual Violence has produced a short video tape describing the FVO and distributed it to local TANF offices.

Since the FVO was implemented in Rhode Island in June 1998, 573 TANF applicants/recipients have been evaluated for domestic violence and referred for follow-up services. The state contracts with the Rhode Island Coalition Against Domestic Violence to provide screening assessments and referrals. RICADV also provides counseling and helps clients develop safety plans. Since December 2000, RICADV has recommended work requirements and child support cooperation waivers for 224 individuals.

In states that have chosen not to adopt the FVO, other services are typically offered. For example, Colorado counties have the option to contract out for domestic violence services. If a TANF applicant identifies herself as a victim of domestic violence, the TANF caseworker will follow-up with a screening form in order to determine the type of service needed. The caseworker can then refer the victim to a counselor for further assessment and advisement in developing a safety plan. Additionally, specialized courts have been developed in Denver and Chicago designed to deal specifically with domestic violence victims. The Options/Opciones Project, also located in Chicago, is a collaborative project between the Illinois Department of Human Services, the Taylor Institute, the Rainbow House, and Mujeres Latinas en Accion that provides domestic violence services to low-income communities. The project began in 1997 and was one of the first projects in the country to place domestic violence advocates directly in TANF offices.

Considerations for Legislators
Due to the broad impact of domestic violence, successful strategies may involve collaborative efforts between human services and health agencies, law enforcement, the court system, community-based and non-profit providers, employers and schools.

States need to consider certain legal and procedural implications when choosing to adopt or implement the FVO. It is important to consider the possibility of federal penalties for a state that does not provide the services outlined in the FVO. States must determine what process will be used to screen applicants, what type of referrals will be made, how client confidentiality will be maintained, what program requirements will be waived, and what factors will be considered in determining whether or not a requirement makes it more difficult to escape domestic violence.

Selected References

MacLellan, Thomas and Rebecca Brown. "Building Bridges Across Systems: State Innovations to Address and Prevent Family Violence" National Governor's Association, October 2000. www.nga.org/Pubs/IssueBriefs/2000/001017FamViolence.asp

Davies, Jill, et. al. "The New Welfare Law: State Implementation and Use of the Family Violence Option" Minnesota Center Against Domestic Violence and Abuse, University of Minnesota, September 2000. www.vaw.umn.edu/FinalDocuments/welpol2.htm

For more information on welfare reform issues, please contact Courtney Harrison, in the Denver office at 303.364.7700 or cyf-info@ncsl.org or either Sheri Steisel or Lee Posey in the D.C. office at 202.624.5400 or fedhumserv-info@ncsl.org.

For more information on domestic violence issues, please contact Stephanie Walton in the Denver office at 303.364.7700 or cyf-info@ncsl.org or either Sheri Steisel or Lee Posey in the D.C. office at 202.624.5400 or fedhumserv-info@ncsl.org.