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The Massachusetts Department of Transitional Assistance (DTA) and the Department of Revenue’s (DOR) Child Support Enforcement Division developed new policies in 1997 in response to PRWORA. DTA issued regulations to implement the federal Family Violence Option (FVO) and grant domestic violence victims, when appropriate, waivers from work requirements, time limits, family cap provisions, and teen-parent school attendance requirements. DTA followed its existing regulations on good cause, which require DTA caseworkers to accept good cause exemption claims, notify DOR when a public assistance recipient has claimed good cause, and determine if good cause exists. DOR issued a good cause policy in 1997, which includes requirements for DOR staff to inform public assistance recipients of good cause exemptions and make referrals to DTA for the exemption determination. DOR also determines whether public assistance recipients are cooperating with child support enforcement efforts.
Boston-area DTA offices are implementing these statewide policies while also testing approaches to identifying domestic violence victims and meeting their safety and child support needs. The federal Office of Child Support Enforcement (OCSE) awarded a Section 1115 grant to DOR in 1997 to conduct the demonstration project, which is operated in close collaboration with DTA. The project has three phases: (1) informing public assistance applicants and recipients of domestic violence issues and good cause exemptions, (2) continuing to inform clients of these topics and also notifying them of the availability of on-site domestic violence experts, and (3) building on the approaches of the first two phases and directly questioning clients on domestic violence.
The following summary describes Massachusetts’s policies for helping domestic violence victims to safely pursue child support. We note when the activities of the Boston area demonstration project differ from these policies.
DTA and DOR staff received several types of training on domestic violence to increase their awareness of the issue. DTA received a federal grant in 1997 from the U.S. Department of Health and Human Services to provide statewide training to DTA and DOR staff on the dynamics of domestic violence. In addition, the training new DTA workers receive includes a session on domestic violence issues. Community domestic violence service providers also offer informal training to DTA and DOR staff.
In 1997, DOR developed an agencywide training for its staff and offered the training regionally. The training focused on DOR’s new good cause policy and included a video with general information about domestic violence and its effect on children.
DTA caseworkers identify domestic violence victims using a passive notification procedure. The caseworkers give each applicant brochures on domestic violence issues and resources, and then discuss the information with them. This method of identification places the full responsibility for disclosing abuse with clients. If a client reveals to a caseworker that she has experienced domestic violence, caseworkers refer her to a domestic violence specialist or community services.
DTA caseworkers administer the process of exempting public assistance applicants and recipients from child support cooperation requirements. While both DTA and DOR caseworkers inform clients of the availability of the good cause option, DTA caseworkers accept clients’ good cause claims and decide whether to grant the exemptions.
DOR and DTA caseworkers inform clients of the good cause exemption from child support cooperation requirements. DTA caseworkers describe the good cause option to clients when they apply or reapply for public assistance or have their eligibility redetermined. The caseworkers also give clients a brochure that includes information on the process of seeking an exemption from child support cooperation requirements. Domestic violence specialists also assist clients by explaining good cause and helping them decide whether and how to make a claim.
At DOR, staff are instructed to tell clients about good cause and safeguards DOR can take if the client indicates that there is or has been domestic violence. The DOR "welcome letter" to public assistance recipients explains good cause and instructs clients to contact DTA to make a claim. DOR staff who speak with clients explain the good cause option and, when domestic violence issues are raised, tell them to contact DTA to apply for the exemption.
DTA caseworkers receive all good cause claims. Child support action on a case usually ceases while a claim is being considered. Allowable evidence for a good cause claim includes a restraining order, police records, hospital records, and witness statements, but if a client has no other documentation, her own sworn statement is acceptable.
DTA workers determine good cause exemptions within 30 days of a claim, and DTA supervisors approve the decisions. If good cause is granted during the intake process, no case information is sent to DOR and a child support case is not opened. If good cause is granted after intake when a child support case has been opened, the decision is communicated to DOR staff and they close the case.
DOR indicates that a client is a victim of domestic violence on the state’s automated child support system. The system has three types of flags, which are used when a client provides information about a risk of harm: (1) a "family violence indicator" signifies that locating information is not to be disclosed but child support is fully enforced, (2) an "at-risk" indicator signifies that a client receives the "family violence indicator" but with selective enforcement of child support, and (3) a "good cause" indicator signifies that cooperation would put the custodial parent and child in danger and the child support case is closed. If cases are at risk, DOR staff, along with court personnel, can take steps to increase clients’ safety. These steps include providing safe places for clients to wait before court appearances that involve their batterers and helping them leave the courthouse safely. Currently, DOR is refining its procedures to keep domestic violence victims safe during the child support process, both when orders are established in court and when they are enforced, which often involves automated action.
Minnesota’s welfare reform initiative, Minnesota Family Investment Program (MFIP), was implemented statewide on January 1, 1998, and offers the state’s county agencies new opportunities to address child support enforcement and domestic violence. It provides a process for interagency county committees to exempt domestic violence victims and others determined to have good cause from child support cooperation requirements. MFIP also allows for the referral to supportive services of clients who are identified as domestic violence victims.
In addition to implementing these statewide policies, Hennepin County is testing methods of interviewing public assistance applicants and identifying their needs through a grant from the federal Office of Child Support Enforcement (OCSE). Child support staff in the county are using three methods of conducting interviews after MFIP intake--telephone, video, and in-person--to learn which approach is most effective in increasing child support cooperation and improving the quality of information collected. Specially designated child support caseworkers are screening applicants for domestic violence and other personal issues. If issues are identified, applicants can choose to speak with a resource worker who offers in-depth needs assessment and information on community services.
The following summary describes Minnesota’s approach to implementing child support enforcement strategies that address domestic violence in response to federal welfare reform. While statewide policy is discussed, we note when this differs from the procedures of the Hennepin County demonstration project.
To prepare county workers to implement the new domestic violence policies, state legislation mandated that the Minnesota Department of Human Services (MDHS) establish a domestic violence awareness training course for child support and public assistance staff. MDHS contracted with Cornerstone Advocacy Services, a domestic violence advocacy organization, to develop the curriculum and conduct the training. The two goals of the training were (1) to increase staff’s understanding of the dynamics of domestic violence and how it affects clients’ ability to comply with program requirements, and (2) to promote better relationships between agency staff and the domestic violence service providers in their communities. Cornerstone Advocacy Services and its subcontracted domestic violence advocates offered regional training sessions in summer and fall 1999 and included domestic violence providers from each region in the sessions. Counties are now attempting to incorporate elements of the training into their own ongoing training efforts.
Public assistance caseworkers do not directly ask MFIP applicants and clients about domestic violence and other barriers to complying with child support enforcement. Instead, they provide information on community service providers during MFIP application and recertification interviews and when making referrals to child support agencies, and they rely on clients to disclose personal issues. If a client chooses to inform a caseworker that she is a victim of domestic abuse, the caseworker can refer her to community providers. As with public assistance caseworkers, child support caseworkers do not directly question clients about reasons for not cooperating with child support efforts.
Clients with personal needs may be eligible for a good cause exemption from child support cooperation. To receive an exemption, clients must first be aware of the availability of the exemption, submit a written claim of good cause and evidence supporting that claim, and then wait for a determination by a county committee. The following sections describe in greater detail Minnesota’s policy for the good cause exemption process.
Either the child support or public assistance agency can inform clients of the good cause exemption. Clients usually are notified at a public assistance agency’s orientation for MFIP, during a one-on-one intake interview for public assistance, or during a conversation with a child support caseworker. Agencies offer clients information on their right to claim good cause and on the procedure for determining if good cause exists. They also request that clients sign a notice to indicate that they understand the policy.
Clients file a good cause claim by filling out a form and submitting it at a public assistance office. Within 20 days of filing the good cause claim, a client must provide evidence to support the claim. A public assistance supervisor can extend this period if a client needs additional time to gather evidence. Admissible evidence can include a woman’s sworn statement as well as such documents as medical or law enforcement records that show a child was conceived as the result of incest or rape; court documents indicating that legal proceedings for adoption are pending before a court; court, medical, criminal, or other records indicating that the father might inflict physical or emotional harm on the child or parent; and/or sworn statements from a third party.
After receiving the claim, the public assistance agency gives a copy of the document to the client, puts a copy in the public assistance file, and sends a copy to the child support agency. Upon receipt of the claim, the child support agency must suspend all enforcement efforts.
Under MFIP, public assistance agencies remain responsible for administering the good cause determination process, but they must form an exemption determination committee that includes at least one representative from the child support agency. Before this legislative change, public assistance agency staff in most counties determined good cause on their own. Each county can decide the specific members of the committee. Committee determinations on claims must be made within 45 days of the date a client filed the claim. The good cause committee must review exemptions at least once a year to determine if reasons for noncooperation still exist.
As administrators of the good cause determination committee, public assistance agencies are responsible for taking good cause claims, gathering information pertinent to cases, sharing claims and supporting proof with other committee members, and sending a letter to clients informing them of the good cause decision.
To address the needs of domestic violence victims, Missouri adopted the federal Family Violence Option (FVO) as part of its state Temporary Assistance for Needy Families (TANF) program. This legislative change allows county agencies in Missouri to offer victims of domestic violence needs assessments, referrals to community service providers, and exemptions from cooperation with child support enforcement and other TANF requirements.
Procedures to implement FVO provisions were developed and tested as part of a demonstration project in Jackson County, Missouri, before they were adopted statewide. Missouri’s Department of Child Support Enforcement (DCSE) received a Section 1115 grant from the federal Office of Child Support Enforcement (OCSE) to conduct the demonstration project. The project’s main activities include the refinement of agency procedures to assist victims of domestic violence, creation of domestic violence screening and assessment protocols, training on new procedures and the dynamics of domestic violence for county staff, use of automated information systems to protect confidentiality, and cultivation of relationships with domestic violence service providers.
The following summary describes Missouri’s policies to support domestic violence victims’ safe involvement with county child support and public assistance agencies. We note when the state’s policy differs from the activities of the demonstration project in Jackson County.
The head trainers from state DCSE and Division of Family Services (DFS) offices and representatives from the Missouri Coalition Against Domestic Violence (MCADV), a domestic violence advocacy organization, designed a cross-agency, two-day training curriculum for county legal, child support, and public assistance agency staff. The goals of the training were to (1) help staff understand each other’s new procedures for assisting victims of domestic violence, (2) explain the dynamics of domestic violence, and (3) facilitate relationships between staff at different agencies. DCSE contracted with MCADV to develop the curriculum for the first day of training, which provided a framework for understanding domestic violence issues. DCSE and DFS trainers developed the curriculum for the second day, which featured the agencies’ new procedures for assisting domestic violence victims and the flow of service delivery among agencies.
Regional teams of DCSE, DFS, and domestic violence agency trainers offered the training to county agency directors, supervisors, and line staff across the state. Community-based domestic violence agencies attended the sessions to offer information on their services, lend their perspective on issues, and learn about child support and public assistance agency procedures.
Public assistance and child support agency caseworkers use uniform interview protocols to (1) screen individuals for domestic violence, and (2) provide in-depth needs assessment. At public assistance agencies, caseworkers conduct a cursory screening of TANF and Medicaid applicants during intake and interim visits to identify victims of domestic abuse. If an applicant or client indicates that she has experienced domestic violence, the caseworker conducts an in-depth assessment. The assessment process collects information on an individual’s level of concern for her and her children’s safety, ability to engage in work activities, and willingness to cooperate with paternity establishment and/or enforcement of a child support order.
Child support caseworkers primarily are responsible for screening and assessing non-TANF applicants. The caseworkers also assess TANF clients who did not reveal abuse during a public assistance caseworker’s screening but disclose it during a child support interview.
Caseworkers from both agencies can refer domestic violence victims to community-based service providers. If an individual indicates she has experienced abuse, caseworkers can refer her to a local shelter and give her a list of domestic violence resources in the community and educational materials. The domestic violence resources are included on a sheet with the title "Food Pantries," so they are not obvious if an abuser finds the sheet.
A domestic violence victim can learn about, apply for, and obtain a good cause exemption from child support requirements during TANF intake or subsequent visits to the public assistance office. The exemption process is described in detail below.
If responses to questions on the assessment form (described above) indicate that an individual’s cooperation with child support enforcement requirements would compromise her safety, the public assistance or child support caseworker performing the assessment explains the good cause exemption.
After explaining the good cause exemption process, a public assistance or child support caseworker asks an individual if she would like to apply for the exemption. If an individual is interested, the caseworker describes the types of evidence required to establish a claim and asks if the individual can provide any documentation. Acceptable evidence for a good cause claim includes such documentation as medical records; police records; order of protection; psychological/mental health records; letter from a witness, relative, or friend; and letter from a domestic violence program or shelter. Although caseworkers should try to obtain evidence corroborating a victim’s claim of abuse, if no other documentation is available her written statement alone is allowable.
Public assistance agencies appoint staff members to review and decide on good cause claims. Public assistance caseworkers, either during the intake process or subsequent visits, decide on the claims themselves after they complete the assessment form. Supervisors at public assistance agencies review caseworkers’ determinations when information provided to the caseworker is questionable. If an individual informs a child support caseworker that she wants a good cause exemption, she is referred to the public assistance agency designee for a determination on her claim.
When a public assistance caseworker grants a good cause exemption, she must notify the child support agency of her determination. The caseworker sends the agency a copy of the screening and assessment forms and an interoffice memo explaining the basis of the decision. If the recipient of the exemption has an open child support case, a child support caseworker closes it.
Child support and public assistance agencies offer domestic violence victims two primary ways of safely pursuing child support. First, victims can use an address other than their home address for official correspondence with the child support agency. When her child support case is opened, a client receives a written notification that case information can be released to noncustodial parents and is informed of the option to request an alternative address. Second, the state is developing family violence indicators that can be used in county public assistance and child support agencies’ automated information systems, as well as criteria for placing a domestic violence flag in the Federal Parent Locator System. By helping staff to quickly identify cases with family violence, the indicators increase the safe handling of those cases.
Oregon implemented new child support and domestic violence policies statewide in response to provisions of 1996 federal welfare reform legislation. State policymakers created House Bill 3112, and domestic violence advocates, particularly the Oregon Coalition Against Domestic and Sexual Violence (the Oregon Coalition), helped to implement the legislation. House Bill 3112, which became law in June 1997, requires Oregon Department of Human Services’ Adult and Family Services Division (AFS) to identify public assistance applicants and recipients who are victims of domestic violence and offer them individualized case management, make referrals to community services, and offer waivers from cooperation with child support enforcement and other TANF requirements.
The following summary describes key aspects of Oregon’s domestic violence and child support policies. While the policies are crafted at the state level, local offices have latitude in determining how to provide services. Activities in Grants Pass-Josephine and Medford-Jackson Counties are noted in the summary to illustrate local public assistance and child support offices’ approaches to implementing state policy.
Through a 1997 grant from the U.S. Department of Health and Human Services, AFS, the Oregon Coalition, and other domestic violence service providers offered training on domestic violence. The training, which was for local-level AFS, Child Support Program (CSP), and domestic violence service provider staff, included three strategies. First, an expert trainer developed an advanced curriculum on domestic violence and case management, and then trained staff across the state. Second, a session was conducted to prepare AFS staff and its partners to facilitate non-physical self-defense courses. Third, Ed-net educational broadcasts on closed circuit television, featuring such topics as child support and domestic violence, were televised at community locations statewide. AFS and DCS staff and community partners watched the broadcasts together at community viewing sites, phoned in questions to be answered on the air, and participated in local discussions on the topic after the broadcast.
In addition to training sessions sponsored by the grant, state-level CSP staff and other AFS staff sponsored their own training to inform staff of new and revised policies on confidentiality and safety concerns, and local agencies collaborated with community domestic violence service providers to design local training on the dynamics of domestic violence.
Caseworkers in local AFS branch offices can use two approaches to identify public assistance applicants and recipients who are domestic violence victims. First, applicants fill out Oregon’s universal public assistance application, which has three questions that ask about domestic violence and assess an individual’s risk of abuse if child support were collected. Second, local AFS offices can develop their own procedures for direct questioning of clients on domestic violence. AFS and the Oregon Coalition created a model assessment tool for AFS caseworkers, and AFS encourages its local offices to refine the tool or develop their own tool in collaboration with their local domestic violence service providers. Once domestic violence victims are identified, AFS caseworkers refer domestic violence victims to community resources.
AFS caseworkers have a primary role in the process of exempting domestic violence victims from child support cooperation requirement. Both AFS and CSP caseworkers explain the good cause exemption to clients, but AFS caseworkers have sole responsibility for taking good cause claims and deciding whether to grant exemptions. Good cause information is relayed to CSP staff through a shared information system.
Clients can learn about the good cause exemption from the TANF application packet, their AFS caseworker, or their CSP caseworker. The TANF application packet includes information on child support cooperation requirements and the availability of good cause exemptions. AFS and CSP caseworkers also describe the good cause exemption during client interviews.
Oregon developed a three-tiered approach to protect the privacy and safety of domestic violence victims in the child support system. AFS caseworkers briefly describe these new options to applicants during their intake interview, and CSP caseworkers offer more in-depth descriptions of them to clients.
Address of Record. Clients with safety concerns but who still want child support can request an address of record. Paternity and child support enforcement action is taken but an address other than a home address is used on legal papers. When an address is more than six months old, CSP caseworkers will send a letter to clients asking them if they want to continue using the alternative address.
Non-Disclosure based on a Claim of Risk. Clients with safety concerns who want information in addition to their home address to be held confidential can request non-disclosure based on a claim of risk. Paternity and child support enforcement action is taken, but legal papers, including those that go to the court, conceal not only address but also any other personal identifying information such as phone numbers, driver’s license information, and social security numbers. An address of record is required to obtain a claim of risk.
Good Cause. Clients who feel that child support actions would put them at too great of a risk of incurring violence can request a good cause waiver, and no paternity or child support enforcement action is taken.
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