DPSS ePolicy

State regulations allow for past/present DV victims to self-disclose DV and to be temporarily granted a DV GC waiver of certain CalWORKs/WtW Program rule(s)/requirement(s) when the past/present DV circumstance temporarily prevents or significantly impairs the participant’s ability to be regularly employed, fully participate in WtW activities, and/or when a certain program rule places the victim and child(ren) at risk of further abuse. The DV participant must meet CalWORKs/WtW Greater Avenues of Independence (GAIN)/Refugee Employment Program (REP) eligibility requirements to be potentially eligible for a DV GC waiver; CalWORKs ineligible individuals (i.e., non-citizen, Supplemental Security Income recipient, non-needy caregiver relative, etc.) who do not qualify for CalWORKs are ineligible for DV GC waivers because they are not subject to CalWORKs/WtW Program rule(s)/requirement(s); and/or time limits (clock stoppers/extenders). An exception exists for timed out adults who are deemed otherwise CalWORKs eligible, who may be granted a time limit extender when determined that their DV circumstance/condition qualifies them for GC.

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 to 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 GAIN/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/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.

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

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.

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 are 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. 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 current hours 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 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.

DV GC waivers of program rule(s)/requirement(s) may be retroactively granted (based on individual need) for up to three months prior to the date when the participant established that they were a survivor of domestic abuse, including via a sworn statement, and when determined by the County that GC exists. The SSS GSW/CCM must assess each month to determine the initial and all subsequent months to grant the DV GC waiver. DV GC waivers are to be granted based on the individual needs of the survivor and are to be adjusted as necessary to provide support. DV GC waiver of program rule(s)/requirement(s) may be retroactively granted beyond three months when the County failed to take the appropriate action on properly granting the DV GC waiver. In this circumstance, the waiver may be retroactively granted to the date that the DV victim established that they were a survivor of domestic abuse, including via a sworn statement, together with the determination made by the County that GC exists. In addition, the participant must also indicate that their DV circumstance at the time temporarily prevented or significantly impaired their ability to be regularly employed or participate in WtW activities the required 20/30/35 hours per week. This can be established through the same sworn statement. Furthermore, to be eligible for the retroactive waiver, the participant must have been included in the CalWORKs household during the period in question and must have otherwise been WtW eligible. The beginning date of the retroactive waiver would be effective when the participant notified the County, considering all requirements above have been met. Also, the application of a retroactive DV GC waiver cannot precede the implementation of the CalWORKs domestic abuse provisions on January 1, 1998.

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