GAIN
Revision of existing policy and/or form(s).
What Changed?
Provide revised clarification and guidance regarding the Domestic Violence (DV) process for maintaining DV service/treatment activities and assessing for DV Good Cause (GC) waivers for California Work Opportunity and Responsibility to Kids (CalWORKs) in the Welfare-to-Work (WtW) Program Greater Avenues of Independence (GAIN)/Refugee Employment Program (REP).
Note: Changes are shown highlighted in grey throughout the document.
Participants who disclose that they are past/present survivors of DV shall be immediately referred to the CalWORKs/WtW Specialized Supportive Services (SSS) staff who are trained in serving individuals identified as survivors of DV. When participating in the GAIN/REP Program, the SSS GAIN Services Worker (GSW)/Contracted Case Manager (CCM) must on a case-by-case basis during the first meeting determine if the participant is to be granted a DV GC waiver. The SSS GSW/CCM must grant a DV GC waiver of program rule(s)/requirement(s) including participation in WtW activities; and/or time limits (clock stoppers/extenders) for a participant who has been identified as being a past/present survivor of DV and SSS staff have determined that GC exists. The SSS GSW/CCM will no longer need to initiate a DV referral to a DV services provider to have the DV participant assessed for a DV GC waiver. Moving forward, assessments of DV GC waiver of program rule(s)/requirement(s); and/or time limits (clock stoppers/extenders) must be conducted by SSS staff. The SSS GSW/CCM shall discuss the benefits of a DV referral, such as available DV services (e.g., specialized case management, assistance with DV legal service for family and immigration related needs, etc.) that are offered through the WtW Program to assist survivors of DV. The SSS GSW/CCM must not condition the granting of DV GC waivers by requiring participation in DV services, or participation in any other WtW activity. DV participants granted a DV GC waiver must not be sanctioned for non-participation when it is determined that their DV circumstance impairs their capacity to participate in WtW activities, including participation in DV services.
DV participants who are assessed by the SSS GSW/CCM not to have GC must be informed of the option to be referred to a DV services provider for a third-party DV assessment. Thus, the third-party DV assessment must be offered to participants when the DV GC waiver of program rule(s)/requirement(s); and/or time limits (clock stoppers/extenders) has been denied by the SSS GSW/CCM. If the DV services provider determines GC exists, the DV GC waiver determination must be accepted as long as the DV circumstance continues to prevent or significantly impair the participant’s ability to participate in WtW, be regularly employed or to fully participate in WtW activities. Thus, a referral to a DV services provider is to be initiated when a third-party DV assessment of the participant’s ability to be regularly employed/participate in the WtW Program is requested by the participant. In addition, SSS GSWs/CCMs are to also initiate a referral when a participant requests to be referred to a DV services provider for services. For instructions on evaluation of current or retroactive DV GC waiver of WtW Program rule(s)/regulation(s); and/or time limits (clock stoppers/extenders), refer to revised GAIN ePolicy (Chapter 1411 - Domestic Violence Good Cause Waivers Policy).
Participants identified as past/present survivors of DV who are enrolled in DV services/treatment programs, and/or other DV activities, including those who have also been determined to have GC as a result of a past/present DV circumstance, must have their program services reevaluated at minimum every three months. A reevaluation is necessary to assess continued progress in WtW activities including DV services, review and reassess the appropriateness of DV GC waivers, continued need for services; and/or time limits (clock stoppers/extenders). This includes the need for assessing for supportive services that are necessary for the participant to continue to participate in their assigned activities. Examples of available supportive services are transportation, ancillaries, and childcare services. The SSS GSW/CCM must work closely with the DV services provider to obtain updates on the participant’s continued DV services/treatment program participation. When participants are participating in DV services/treatment programs, the DV services provider will also provide recommendations pertaining to the participant’s DV situation, safety concerns, changes in participation, and the need for supportive services. The participant’s WTW 2 Plan must be revised as necessary to ensure all assigned activities (including DV services) continue to be aligned with the participant’s individual needs to maintain its effectiveness in the removal of barriers. Although compliance in the WtW Program must be observed, GAIN/REP staff must determine if GC exists at any point the DV circumstance creates a barrier from participation in the WtW Program. The SSS GSWs/CCMs are responsible for conducting DV GC waiver evaluations on all cases where participants are identified as victims of domestic abuse. Therefore, victims of domestic abuse are not required to submit a written or verbal request to be assessed for a temporary DV GC waiver. When conducting DV assessments, SSS GSWs/CCMs are to determine on a case-by-case basis if the DV participant is to be granted a DV GC waiver of program rule(s)/requirement(s); and/or time limits (clock stoppers/extenders).
CalWORKs eligible participants are required to participate in employment/WtW activities (20/30/35 hours per week). DV participants, although granted a DV GC waiver for WtW participation, remain mandatory WtW participants unless otherwise exempt (e.g., medically, or administratively exempt - 60 years of age and older CalWORKs aided participant). Although participants who have been granted a DV GC waiver remain mandatory WtW Program registrants, they will not be required to participate in WtW activities if it is determined that their DV circumstance is temporarily preventing them from participating. However, GAIN/REP DV participants who are determined to have GC are to be encouraged to participate in WtW activities and develop a WtW Plan that allows the participant to engage in services specially designed to assist them in overcoming barriers associated to their DV situation. Thus, participants may choose to continue to participate in the WtW Program with a modified plan when necessary. Therefore, participants are to be encouraged to participate to the full extent of their abilities, including participation in counseling and treatment programs, as appropriate, enabling them in obtaining unsubsidized employment and moving toward self-sufficiency. However, although encouraged, at no point shall domestic abuse survivors granted a DV GC waiver be required to participate in DV services as a condition of their waiver.
With the passage of Welfare Reform and the later implementation of the CalWORKs Program, the State implemented DV regulations and procedures for County Welfare Departments (CWDs). DV regulations and procedures provide CWDs with guidelines to support CalWORKs Program applicants, recipients, and WtW Program participants identified as domestic abuse survivors in areas, which include but are not limited to identification, resources, program waivers, etc., to assist survivors in overcoming barriers, obtaining gainful employment and moving off aid. All County Letter (ACL) 23-109, dated December 29, 2023, Updated Guidance and Policy Reminders to Support Survivors of Domestic Abuse for the California Work Opportunity and Responsibility to Kids (CalWORKs) provides guidance on DV policy.
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