Domestic Violence Waiver Procedures

Overview

A Domestic Violence (DV) Waiver may be requested when a client believes the Department should waive certain program rules due to current or past domestic violence. A TAFDC client can request a DV Waiver for 24-month Time Limited benefits and:

Work Program requirements, or
the school attendance requirement for parents under 20

Important: When DV is acknowledged by a client or if you feel that the safety of the client and/or other household members are in jeopardy, a referral to the DV Specialist who is assigned to your TAO must be made by emailing the appropriate regional email distribution list. See below. While you must always refer a client to the DV Specialist, the client is not obligated to meet or speak with them.

Both the client and Department staff have important obligations when a DV Waiver is requested. The DV Waiver packet (completed DV Waiver Summary form and all applicable verifications) must be completed and submitted to the Central Office Designee for consideration within 30 days of the date of the request.

Additionally, while the DV waiver process is an option available to all TAFDC clients, it is important for staff to remember that it is temporary in nature and may not be the option best suited for all. For example, if a client's DV experience has resulted in a longer-term health issue or disability, staff must explore whether pursuing a disability exemption for themselves or as a caretaker would be a better option for the client.

Case Manager Responsibilities

The case manager is responsible for explaining the DV Waiver process including how it applies to various program rules.

The case manager must:

provide the client with an overview of the waiver request process
review with the client the brochure entitled Everyone Deserves to be Safe . This brochure is not to be mailed to the client. Remember, if it is not safe for the client to call a DV Specialist directly, they can still be connected by calling the DTA Assistance line and following the prompts. Staff must make a referral to the Domestic Violence (DV) Specialists by emailing the appropriate regional distribution list. Please be sure to note that the regions are different than the Local Operations regional breakout:
1. DTA-DL-DVWest@mass.gov (Pittsfield, Greenfield, Holyoke & Springfield)
2. DTA-DL-DVCentral@mass.gov (Fitchburg, Worcester, Southbridge & Framingham)
3. DTA-DL-DVSouth@mass.gov (Brockton, Taunton, Fall River, New Bedford & Hyannis)
4. DTA-DL-DVEast@mass.gov (Nubian Square, Jackson Square, Quincy & Chelsea)
5. DTA-DL-DVNorth@mass.gov (Malden, Lowell, Lawrence & North Shore)
explain to the client that the waiver interview can be completed in person in a TAO with the DV Specialist or over the phone. The case manager must advise the client on the options for verifications related to the DV waiver. The DV Specialist will reinforce this, as well as provide any other relevant referrals, complete a safety plan and explore other options as applicable to the client’s unique circumstances.
explain to the client that meeting/speaking with the DV Specialist is in their best interest because they will be recommending a response to the waiver request. If the client agrees, check with the DV Specialist to see if they are available to meet/speak with the client then. If not, coordinate with the DV Specialist to schedule an appointment. The appointment type of “Assessment” must be used and in the Additional free form narrative field type “Discuss your waiver request.” See Schedule Appointment Page – TAFDC.
1. Important: Staff must use the prescribed language only for the VC-1. Documentation referencing domestic violence must never be mailed to a client. Sending DV related materials to the client can potentially create or escalate an unsafe situation.
once a DV Waiver has been completed by DV staff, issue a Verification Checklist (VC-1) for any outstanding verification(s) that must accompany the DV Waiver Request Summary form. Select Other from the Item drop-down menu and enter Waiver Request and proofs. In the “Example of Proofs You May Provide” section, annotate the following language only: “The completed Waiver Request form and proofs. If you have questions about what proofs are acceptable or need help getting proof, let us know right away.”
1. Important: Staff must use the prescribed language only. Documentation referencing domestic violence must never be mailed to a client. Sending DV related materials to the client can potentially create or escalate an unsafe situation.
when verifications are received, it is the responsibility of the case manager to reply to the DV Waiver email chain (see below) to notify the TAO DV Liaison as well as the DV regional team.
update the appropriate BEACON pages to reflect the pending request.
a narrative must be entered by staff using the following language only: ”Referral made to specialist. Work Requirements – TAFDC page updated.”

Updating Work/School Requirements Until a Decision is Made

If a work rules DV waiver or parent under 20 school attendance DV waiver is requested, the client is not required to comply with those program rules unless/until the waiver is denied or an established waiver has expired. The steps below outline the steps that must be taken until the future BEACON enhancements are in place.

To prevent the client from being sanctioned while the DV waiver request is pending:

on the Work Requirements – TAFDC page, record how the client is complying in the Compliance reason dropdown list:
1. if the client is subject to the work rules, navigate to the Work Program section and select Domestic Violence Waiver from the Compliance reason dropdown list
2. for parents under age 20 requesting a waiver from the school attendance requirement, the Compliance reason must be selected under the Pathways section of the Work Requirements - TAFDC page by selecting Temporary Health Problem from the Compliance reason dropdown list
  1. Important: Temporary Health Problem is used for School rules for Parents Under 20 due to current BEACON limitations.
enter the date the situation will be resolved in the Compliance end field

Updating Work/School Rules Sanction Status Until a Decision is Made

If the client is in a sanction status when they request a DV waiver from a TAFDC requirement, they are no longer required to fulfill the requirement until the waiver is denied, or an established waiver has expired.

In a sanction situation, you must:

restore the client’s benefits as of the date of the DV waiver request. See Removing Work or School Rules Sanctions for procedures to remove sanctions according to the sanction level; and on the Work Requirements - TAFDC page
document the reason the client is unable to comply. On the Work Requirements- TAFDC page, select the appropriate reason in the Compliance reason dropdown list:
1. if the client is subject to the work rules, navigate to the Work Program section and select Domestic Violence Waiver from the Compliance reason dropdown list
2. for parents under age 20 requesting a waiver from the school attendance requirement, the compliance reason must be completed under the Pathways section of the Work Requirements- TAFDC page by selecting Temporary Health Problem from the Compliance reason dropdown list
  1. Important: Temporary Health Problem is used for compliance reason coding for School rules for Parents Under 20 due to current BEACON limitations.
  2. Important: When restoring benefits, you must review the case to determine if client is owed a related benefit or if their clock requires adjustment.
enter the date the situation is expected to be resolved in the Compliance end field

DV Specialist and Coordinator Responsibilities

If the client requests a waiver, the DV Specialist or Coordinator will complete a waiver interview with the client and make a recommendation as to whether or not a DV Waiver should be granted.

Note: DV Coordinators oversee the DV Specialists in each DTA region but also work directly with survivors.

Without meeting/speaking with the client, it may be difficult to make such recommendations.

It is important to remind clients that it is in their best interest to work with DV staff to complete the waiver. When meeting/speaking with a client, it is important for DV staff to complete all necessary safety assessments, refer clients to applicable resources, and complete any planning activities.

If a TAFDC client wishes to request a DV Waiver, DV staff must:

complete a waiver interview with the client using the fillable DV Waiver Summary form. Questions and answers are available in section I – DV Waiver Interview. DV staff are to record the client’s answers in the Response column.
ensure that the client provides a signature for the DV Waiver Summary form in section II- DV Waiver Agreement. If in person, the form can be printed and a wet signature can be provided by the client. If the interview is completed over the phone the DV Specialist must obtain a electronic signature using the self-declaration option on the Telephonic Signature Line. See the Telephonic Signature OLG page for steps to obtaining a signature.
1. Important: If a telephonic signature is obtained, the DV staff must note this by selecting “Y” in the Telephonic Signature Received field on the fillable DV Waiver Summary form, section II. It will also be automatically reflected in the Narrative tab.
assist the client with determining the appropriate verifications that must accompany the form and advise how they can submit those verifications. The case manager will be responsible for notifying the DV Liaison that verifications have been submitted
review the DV Waiver Summary form and complete the DV Specialist/DV Coordinator recommendation section including length of time if approved (section IV). A waiver can be granted for up to six months email the completed DV Waiver Summary form, to the assigned case manager and the TAO DV Liaison for the client’s catchment area with the email subject line clearly stating the purpose of the email, and the clients Agency ID.
Example: “SECURE: DV Waiver Request – Agency ID 1234567.”

Important: It is important that all recommending staff save the document with their recommendations before emailing it to the next recommender.
The same email chain is to be used throughout the process for clearer tracking and communication.
All email correspondence must be made via SECURE email.

TAO DV Liaison Responsibilities

The TAO DV Liaison will make a recommendation as to whether or not a DV Waiver should be granted based on the information provided on the DV Waiver Summary form and verification(s). The TAO DV Liaison is a designated TAO manager or supervisor and varies by office.

The TAO DV Liaison must:

review the DV Waiver Summary form for completeness
record whether or not verifications were received in section III. of the DV Waiver Summary form
complete DV Liaison recommendation including length of time if approved in section IV – DTA Staff Recommendation
once saved, using the same email chain from the DV staff, email the completed form and verifications to the DV Unit Director
If any portion of the packet is incomplete, the absent information must be noted in the email. For example: “Day 30, since date of requested DV Waiver for work program requirements. DV Specialist and case manager attempted to reach client several times during the Waiver process, client has not provided any verification to date.”

DV Unit Director Responsibilities

The DV Unit Director will make a recommendation as to whether or not a DV Waiver should be granted based on the information provided on the DV Waiver Summary form and communications in the email.

The DV Unit Director must:

review the DV Waiver Summary form for completeness
complete DV Director recommendation including length of time of approved in section IV – DTA Staff Recommendation
once saved, using the same email chain from the DV Liaison, email the completed form and verifications to the Central Office Designee

Central Office Designee Responsibilities

The Central Office Designee (Associate Commissioner of Family and Economic Assistance) is responsible for reviewing all DV Waiver packets and making a determination as to whether a waiver should be granted. If granted, the designee will also determine how long it is approved for.

When the waiver is reviewed and a decision is made, the Central Office Designee will complete the Notice of Approval, or Notice of Denial, of Domestic Violence Waiver from Certain Program Requirements form.

The designee will scan and email the Notice of Approval, or Notice of Denial, of Domestic Violence Waiver from Certain Program Requirements form and reply to the same email chain to the DV Unit Director, TAO DV Liaison, DV Specialist, and DV regional distribution list.

Implementation of Waiver Decision

The Notice of Approval, or Notice of Denial, of Domestic Violence Waiver from Certain Program Requirements serves as notice to the client of the decision for their request. This form must not be mailed to the client.

TAO DV Liaison Responsibility

The TAO DV Liaison will scan the Notice of Approval, or Notice of Denial, of Domestic Violence Waiver from Certain Program Requirements as into the client’s ECF. They must then email the case manager and DV regional distribution list that a decision has been made and to schedule an appointment to review with the client in.

Case Manager Responsibility

The case manager must update the appropriate BEACON pages to reflect the decision.

For approvals, the Meets compliance reason of Domestic Violence Waiver should already be listed on the Work Requirements -TAFDC page (for parents under 20 the meets compliance reason of Temporary Health Problem should already be listed on the Work Requirements – TAFDC page). The Compliance end date must reflect the period identified on the Notice of Approval, or Notice of Denial, of Domestic Violence Waiver from Certain Program Requirements form. At this time BEACON will not automatically stop the client’s State Clock when the compliance reason is correctly coded. The case manager must set a reminder to revisit the client’s case to remove the months for the approval period.

For denials, the Meets compliance reason must be corrected to reflect the client’s requirement (usually Participation but be sure to check if any other reasons are applicable) on the Work Requirements-TAFDC page.

Reminder: For parents under 20, Compliance reason of Temporary Health Problem must be selected from the dropdown on the Pathways section of the Work Requirements- TAFDC page.

Note: For Domestic Violence Waiver, the Compliance End Date cannot exceed 6 months from the date entered.

To inform the client of the DV Waiver request decision:

an appointment must be scheduled based upon the client’s meeting preference in consultation with the DV Specialist. The appointment type must be “Assessment” and in the Additional free form narrative field type “Discuss your waiver request.” See Schedule Appointment Page – TAFDC.
1. Important: Staff must use the prescribed language only. Documentation referencing domestic violence must never be mailed to a client.
at the appointment, the decision must be reviewed with and explained to the client. if in person, the client must be provided the Notice of Approval, or Notice of Denial, of Domestic Violence Waiver from Certain Program Requirements form
the Notice of Approval, or Notice of Denial, of Domestic Violence Waiver from Certain Program Requirements form must be signed by the client, the case manager and the DV Specialist. If the client is not in person, a self-declaration telephonic signature must be obtained
when all parties have signed the Notice of Approval, or Notice of Denial of Domestic Violence Waiver from Certain Program Requirements form, two copies must be made. The client must be issued both the original and first copy. Again, this may only be provided in person. Documentation referencing domestic violence must never be mailed to a client
the second copy of the signed Notice of Approval, or Notice of Denial, of Domestic Violence Waiver from Certain Program Requirements form must be scanned into the BEACON case record following established procedures

At the end of the Meets compliance period, the client will receive a BEACON generated Work Program Compliance/Exemption Change notice telling them that the period is ending, the ways to meet the work program requirement, and that if the client wishes to discuss them (including extending the DV Waiver period) you must meet with the client to ask if they want to request a continuance.

The steps for requesting a subsequent DV Waiver are the same as stated above.

Important: Communication between the case manager, the DV Specialist and the TAO Domestic Violence Liaison is key during the waiver request process as well as during the waiver approval period. For example, if as a result of a recently approved disability exemption, a request for a pending waiver is no longer necessary, the DV Specialist and the TAO DV Liaison must be informed of this change.