1302 Domestic Violence | TANF

The term “domestic violence” has the same meaning as the term “battered or subjected to extreme cruelty” as defined in section 408(1)(7)(c)(iii).

Sec. 402(a)(7)(B) defines domestic violence as:

The term “sexual harassment” means hostile, intimidating, or oppressive behavior based on sex that creates an offensive work environment.

Sexual assault means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.

Stalking is defined as is the act or crime of willfully and repeatedly following or harassing another person in circumstances that would cause a reasonable person to fear injury or death especially because of express or implied threats

Georgia has adopted the Family Violence Option (FVO), which is intended to provide for the identification and screening of domestic violence victims, their referral for services and waiver of program requirements for good cause.

In accordance with the FVO, Georgia has established and is enforcing the following standards and procedures:

The DFCS case manager performs the following functions:

The DVA performs the following functions:

All AUs must be provided with Form 522, the brochure “What Every Person Needs to Know”, at the following times:

The information in the brochure is discussed with every AU at the above times. The AU is informed that certain program requirements may be waived and the circumstances under which a waiver may be granted. Refer to Waivers in this section.

When it is determined or suspected that an AU member has been or may become a victim of domestic violence, sexual assault, sexual harassment, or stalking the AU is given the 24-hour hotline number. The AU must be informed that the hotline is available whenever services are needed, regardless of whether the AU continues to receive assistance through DFCS.

Form 194, TANF Assessment for Domestic Violence, Sexual Assault, Sexual Harassment, or Stalking must be discussed with the family at applications and at each standard review.

Form 194 must be completed and signed by the client at application if the client requests a waiver.

The existence of domestic violence, sexual assault, sexual harassment, or stalking must be identified so that appropriate referrals can be made, and program requirements can be waived if barriers to fulfilling these requirements exist.

The need to identify the existence of domestic violence, sexual assault, sexual harassment, or stalking may occur at any time.

The responses to the questions included in the brochure, other information obtained from the AU or other sources and the worker’s own observations will be used to determine if domestic violence, sexual assault, sexual harassment, or stalking exists or if there is reason to suspect that it exists.

The AU member’s statement that s/he is a victim of domestic violence, sexual assault, sexual harassment, or stalking may be accepted, unless questionable.

If questionable, the following sources may be used to support the AU member’s claim:

Victims of domestic violence, sexual assault, sexual harassment, or stalking are referred to the DVA.

If there is not a DVA assigned to a county, the victim may be referred to the domestic violence agency that serves that county.

If an individual does not want to be referred to the DVA, s/he will be referred to or provided with the name, address and telephone number of other community resources.

When there is an indication that an individual is a victim of domestic violence, sexual assault, sexual harassment, and/or stalking but s/he does not acknowledge it, a referral to the DVA is not made. However, s/he will be provided with the information about other community resources.

Victims of domestic violence, sexual assault, sexual harassment, or stalking may be referred to community resources that provide the following services:

A waiver of certain program requirements may be granted if any of the following circumstances exist:

The DVA determines the effects of the domestic violence, sexual assault, sexual harassment, and/or stalking on the AU and makes recommendations regarding which requirements may need to be waived using the Family Violence Assessment Form.

The worker confers with the DVA to discuss the DVA’s recommendations regarding waivers.

The worker determines which requirements to waive based on information obtained through discussions with the AU and recommendations from the DVA.

If there is no DVA available to a county, the worker must determine which requirements to waive based on information obtained from the AU and other sources, and the worker’s observations. The worker may contact the domestic violence agency for consultation.

The worker must reassess waivers at no less than 30-day intervals or more often if circumstances are subject to change in less than 30 days.

Requirements which may be waived include the following:

Requirements that cannot be waived include the following:

Waiving the work requirement does not restrict otherwise qualified individuals from participation in work, job training, education, job readiness, work placement assistance or a community service program. However, failure to continue participation in the activity does not result in a sanction.

An AU cannot be required to take actions such as seeking orders of protection, attending counseling or other actions in order to be granted a waiver of any requirement.

Waivers are granted on a temporary basis. When meeting a program requirement no longer puts an AU at risk of domestic violence, sexual assault, sexual harassment, and/or stalking the waiver of the program requirement is lifted. The AU must meet the requirement.

Any information related to individuals known to DFCS is confidential. Confidentiality guidelines must be closely followed. Confidential information includes but is not limited to the following:

Refer to Section 1002, Confidentiality.