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[GAIN,REP], 1410 Domestic Violence Services Direct Referral Policy, 04-22-2026

NAVIGATION

GAIN

1410 Domestic Violence Services Direct Referral Policy

Release Date
03/05/2025

Section Heading

Purpose

Revision of existing policy and/or form(s)

What Changed?

Provide revised clarification and guidance regarding the Domestic Violence (DV) process, updated terminology for identifying survivors of DV, and revised procedures for the application of temporary and retroactive DV Good Cause (GC) waivers for California Work Opportunity and Responsibility to Kids (CalWORKs)/Welfare-to-Work (WtW) Program participants.  The terminology for identifying survivors of DV has also been updated to include domestic abuse survivors of sexual assault, sexual harassment, or stalking, all of which must be in the context of a domestic relationship.

Note:  Changes are shown highlighted in grey throughout the document.

 

Policy

CalWORKs WtW Program DV policy is intended to support CalWORKs applicants, recipients and WtW Program participants identified as past/present survivors of DV who experienced domestic abuse, sexual assault, sexual harassment, or stalking, within the context of a domestic relationship.  Support provided through the CalWORKs/WtW Program affords applicants, recipients, and WtW Program participants resources to help ensure safety, family stability, and remove barriers unique to those experiencing the effects of past/present DV.  It is important for all Department of Public Social Services (DPSS) staff to recognize that domestic abuse, sexual assault, sexual harassment, and stalking can happen to anyone regardless of gender, race, ethnicity, sexual orientation, income, or other factors.  Also, DV perpetrators may be of any gender identity or sexual orientation.  DPSS staff who interact with survivors of domestic abuse are required to recognize, to the best of their ability, the red flags, patterns, cycles, key perpetrator tactics, trauma indicators, adaptations, reactions, pro-actions, and responses to abuse.  DPSS staff should interact with survivors using a trauma-informed lens and to the best of their ability, ensure that the program and waiver process is low-barrier and low-burden for survivors.  Effects of domestic abuse are overwhelming and can be long lasting, thus DV GC waivers must continue to be granted to survivors of DV while the effects of DV continue to impact the survivors and their families.

Participants who are established to be CalWORKs eligible and who have been identified to be past/present survivors of DV shall be expedited into the WtW Program.  Strict provisions on confidentiality must be followed to protect personal identifying information of past/present survivors of DV and their families to ensure their safety.  Every consideration must be made (both verbally and in writing) to notify CalWORKs WtW Greater Avenues of Independence (GAIN)/Refugee Employment Program (REP) participants who are past/present survivors of DV of available DV services to ensure that they are not placed at risk of further abuse.  The process of identifying past/present survivors of DV is central for providing necessary services to overcome DV barriers and achieving economic mobility.  Participants are to be informed that disclosure of domestic abuse will neither impact their eligibility to CalWORKs nor result in an automatic referral to the Department of Children and Family Services (DCFS).  There is no limit on the number of times an individual may identify as a survivor of domestic abuse or state their abuse is impairing their ability to comply with programmatic requirements.  Specialized Supportive Services (SSS) staff must be aware of triggers which cause memories and reactions to trauma (e.g., slamming doors, sudden noises, or retelling of experiences of abuse), and make every effort not to reinforce trauma.  SSS staff must not require identifying details of abuse or the abuser(s) when allowing participants to self-identify as victims of DV. 

Participants who disclose that they are past/present survivors of DV shall be immediately referred to the CalWORKs/WtW SSS staff who are trained in serving individuals identified as survivors of DV.  When participating in the GAIN/REPProgram, 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/ortime limits (clock stoppers/extenders) for a participant who has been identified as being a past/present DV survivor 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 verbally 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.

DV GC waivers from certain CalWORKs/WtW Program rule(s)/requirement(s);and/or time limits (clock stoppers/extenders) may be granted at any time.  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). 

Concept and Description:

Domestic Violence Definition

Manual of Policies and Procedures (MPP) 42-701(d)(3)

DV is when assaultive or coercive behaviors, including threats or attempts at abuse, occur within a domestic relationship.  DV is an overarching term used to categorize behaviors that include, but are not limited to, one or more of the following:

Behaviors that result in or threaten to result in physical, and/or psychological injury:

  1. Sexual abuse, sexual harassment, sexual assault, or forced participation in non-consensual sexual activities;
  2. Physical abuse;
  3. Psychological, emotional, and verbal abuse;
  4. Intimidation, threats, and coercion;
  5. Economic control;
  6. Stalking;
  7. Isolation;
  8. Monitoring/surveillance;
  9. Weaponizing co-parenting;
  10. Threats of exposure to health hazards (e.g., COVID, illicit substances, etc.);
  11. Withholding of medical supplies/treatment for a medical condition (e.g., COVID vaccination/medication, etc.);
  12. Other behaviors that put an individual in fear for their safety;
  13. Neglect or deprivation of medical care of dependent (e.g., child or adult with disability, or older adult), food, etc.; and/or
  14. Other types of coercive behavior.

Past Abuse:
Past abuse is to be considered as long as the participant indicates that the DV issue has created a barrier.  The length of time that has elapsed since the abuse should not be a determining factor.

Past Abuse Factors:

  1. Irregular or sporadic work history, which includes full-time employment;
  2. Physical issues;
  3. Mental health issues, including feelings of worthlessness;
  4. Loss of a job due to staying in a shelter;
  5. Homelessness due to having left the batterer;
  6. Prevention by the batterer from getting or keeping a job (includes disruptions by the batterer while the victim is employed);
  7. Disruption by the batterer while the victim is in school or attempting to become independent;
  8. Concern about the safety of the children;
  9. The degree of control exerted by the batterer; and/or
  10. The special needs of the children because of the past abuse.

Domestic Relationship MPP 42-701(d)(4)

Domestic relationships include but are not limited to relationships between individuals who are:

  1. Adults or minors who are a current or former spouse;
  2. Adults or minors who live together or have lived together (including family and non-family members);
  3. Adults or minors who are dating or have dated;
  4. Adults or minors who are engaged in or have engaged in a sexual relationship;
  5. Adults or minors who are related by blood or adoption;
  6. Adults or minors who are related or formerly related by marriage;
  7. Persons who have a child in common;
  8. Adults or minors who are engaged or were formerly engaged to be married; or
  9. Adults or minors engaged in same-sex relationships.

DV Survivor (previously referred to as victim) 

DV survivor is used to describe survivors of domestic abuse and is inclusive of past/present victims of abuse.  Survivors of DV include potential and current CalWORKs applicants, recipients and WtW Program participants who have experienced domestic abuse and may or may not live with an abuser.  Survivors of DV who have experienced domestic abuse, sexual assault, sexual harassment, or stalking, as well as their abusers, can be of any gender identity or sexual orientation.

Sexual Abuse

  1. Sexual abuse is when an individual knowingly causes another person to engage in a sexual act and may include non-physical contact of a sexual nature, such as but not limited to:
  2. Voyeurism;
  3. Intentional exposure of an individual to exhibitionism (e.g., behaviors, such as but not limited to, indecent exposure of oneself to another or flashing for the end purpose of gaining sexual gratification);
  4. Unwanted exposure to pornography;
  5. Revenge pornography;
  6. Verbal or behavioral sexual harassment;
  7. Threats of sexual violence; or
  8. Taking nude photographs of a sexual nature of another person without their consent or knowledge, or of a person who is unable to consent or refuse.

Sexual Assault (also known as sexual battery)

Sexual assault is when someone’s intimate parts are touched or attempted to be touched, or when someone is forced to touch another person’s intimate parts without consent, and/or against that person’s will.  Situations that lack consent or are against someone’s will include but are not limited to:

  1. The perpetrator ignoring verbal and/or nonverbal indicators of resistance from the victim;
  2. The victim is unable to consent or refuse sex with or without protection; and
  3. The situation results from threats, fraud, or coercion.

The inability to consent or refuse includes when the perpetrator knows or reasonably should know that the other person is:

  1. Asleep, unconscious, or otherwise unaware that the sexual act is occurring; or when the victim is incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the perpetrator;
  2. The victim has a mental disorder, developmental or physical disability, and that condition is known or reasonably should be known by the perpetrator; or
  3. Reproductive sabotage/coercion which is forced onto the victim by the perpetrator (e.g., survivor consents to sex with a condom, and abuser either lies about using a condom, or forces sex without a condom.  This is a form of sexual assault, as the survivor has not consented to unprotected sex).

Sexual Harassment

Sexual harassment refers to both unwelcome sexual advances, or other visual, verbal, emotional actions, or physical conduct of a sexual nature and actions that create an intimidating, hostile, or offensive environment based on a person’s sex.

The offensive conduct can occur in any setting, including the workplace or educational settings, and need not be motivated by sexual desire but may be based upon a person’s actual or perceived sex or gender-identity, actual or perceived sexual orientation, and/or pregnancy, childbirth, or related medical conditions and may be for the purpose of controlling or intimidating the victim.  This definition includes many forms of offensive behaviors and includes gender-based harassment of a person of the same sex as the harasser, and actions that subject people to a hostile environment.

Stalking

Stalking is a pattern of persistent, unwanted, and intrusive behaviors carried out by one or more person(s) towards another individual, causing the targeted person to feel fear, distress, or concern for their safety and well-being.  These behaviors can take various forms, such as:

  1. Repeated and unwanted communication (including phone calls, texts, emails, or social media messages);
  2. Following the individual;
  3. Showing up at their home or workplace uninvited;
  4. Spreading false information about them;
  5. Monitoring their activities without consent; and
  6. Engaging in other actions that invade their privacy and personal space.

Stalking often results in the victim experiencing emotional and psychological distress, and in some cases, it can escalate to physical harm or violence.

Background

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, obtain gainful employment and move 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.

Definitions

DV Assessment Conducted by SSS GSW/CCM:

DV Assessment Conducted by DV Services Provider

CCM

Contracted Supervisor (CS)

DV Services

DV Services Provider (also known as County- Contracted DV Services Provider)

DV GC

Post- Employment Services (PES)

Post-Time Limited (PTL) Services

Reverse Referral

Second Layer of Security

SSS

DV SSS Referral

SSS Screening Tool

Supportive Services

DV GC Waiver

WtW Plan

Requirements

All GAIN/REP participants, including those identified as victims or survivors of domestic abuse, must be notified of available DV services and DV GC waiver of program rule(s)/requirement(s); and/or time limits (clock stoppers/extenders).  Thus,GAIN/REP staff must notify participants of DV services and DV GC waivers during GAIN/REP Appraisal, Vocational/Clinical Assessment when a DV barrier is identified; and/or at any point that a participant discloses DV.  This applies even after the participant has timed-off.  DV participants must meet all other CalWORKs eligibility requirements to be potentially eligible for a DV GC waiver.  DV GC waiver of program rule(s)/requirement(s) are temporary and must be reevaluated at minimum every three months.  When participants disclose that a past/present DV circumstance causes a barrier to employment or participation in the WtW Program,the SSS GSW/CCM is to always conduct an individual case assessment to determine the existence of GC.

The DV GC waiver evaluations are to be completed by the SSS GSW/CCM on all cases where participants are identified as victims and/or survivors of domestic abuse, including new and/or subsequent instances where domestic abuse is identified.  The DV GC waiver of program rule(s)/requirement(s) are to be evaluated on a case-by-case basis.  For the participant to be eligible, it must be determined that the past/present abuse temporarily prevents or significantly impairs the participant’s ability to be regularly employed or to fully participate in WtW activities the required participation (20/30/35 hours per week), or when complying with a certain program requirement would place the victim and/or child(ren) at risk of further abuse.  When conducting the individual case assessment, the SSS GSW/CCM is to assess the participant’s ability to be regularly employed or to fully participate in the WtW Program and must determine which program rule(s)/requirement(s) warrant a DV GC waiver.  The SSS GSW/CCM must determine whether the DV circumstance resulted in a barrier and must conduct a review of the participant’s WtW case to assess if participation hours are not being met or exceeded to confirm that the DV barrier impacts the participant’s ability to meet WtW Program participation requirements (20/30/35 hours per week).  This includes barriers created by certain CalWORKs/WtW Program rules that place the victim and/or child(ren) at risk of further abuse.  However, prior to making a determination, SSS staff must discuss potential changes in current WtW activities, employment and/or weekly participation hours to assess the existence of DV related barriers, including health and/or safety concerns related to continuing with their currenthours or activity based on the past or present effects of domestic violence.

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 DVGC 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 with 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 theirwaiver.

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