Work First 104D – FAMILY VIOLENCE OPTION

XI. WAIVER REQUEST

If a participant is unable to participate in work activities or comply with other Work First requirements at the time of the assessment, the participant may request a waiver.

Use the assessment report from the family violence professional in conjunction with other information concerning the case, to determine if a waiver should be granted. Take into consideration potential danger to the participant if activities are pursued, the amount of counseling/treatment needed to deal with the violence, the overall desires of the participant, and whether the requirement would unfairly penalize the participant in any way. Note in the case record any request for waivers due to family violence and their disposition.

A. Nature of Waiver

A waiver may be granted to a participant for any or all of the Work First requirements. Some examples are:

• The participant is deemed to be able to work only 15 hours per week due to the need for family violence counseling. 20 of the 35-hour average weekly requirement would be waived.

• A teen parent’s home is violent. For her safety the requirement for living at home may be waived. Follow the normal procedures for assigning a protective payee for the case. See Section 107. School attendance requirements may also be waived for the minor parent.

• The participant has left the home and is currently residing in a shelter. S/he is determined to need at least 2 months to recover from the abuse s/he endured. The work requirement may be waived and the 24-month clock stopped temporarily until s/he is able to begin meeting Work First requirements. County residence requirements may also be waived if necessary.

• Any other Work First requirements, including the Family Cap and Child Support Enforcement may be waived if necessary for the safety and well being of the family.

The 60-month clock cannot be stopped. However, family violence may be a reason for a hardship exemption at the end of 60 months.

Although certain requirements may be waived, the Work First participant will need to engage in activities to address the family violence issues. The participant will work with a person trained in family violence to develop a safety plan that will address the violence and the barriers to self-sufficiency it has caused.

A waiver may not be appropriate if the participant is able to meet the Work First requirements without endangering the individual or the children. Therefore, do not automatically grant waivers. Rather, evaluate each request on a case-by-case basis.

EXAMPLE: A participant is being battered by his/her partner, but does not prevent employment. In this case, a waiver of the work requirements would probably not be appropriate, but the worker should refer the participant to counseling or other Work First services to address the violence.

B. Waiver Request Procedures

Upon receipt of the assessment report, determine with the participant if the participant is able to meet any or all of the Work First requirements. If necessary, consult with the assessor to determine what activities the participant can pursue, the measures that are needed for the participant to work on the family violence issues, and the estimated length of time needed for these activities. Based on the information received, determine if a waiver of any requirements should be granted, the length of the waiver and the activities in which the participant will participate during the waiver period.

C. Time Frame for Waiver Decisions

Decisions on waiver requests must be made within 10 working days of receipt of the assessment report.

D. Length of Waiver

Waivers may be granted indefinitely. However, the waiver must be reassessed at least once every 6 months. The actual length of the waiver will be determined by the amount of time needed to deal with the issues preventing compliance with Work First requirements. At the end of the waiver period the waiver must be reassessed to determine if the waiver is still needed. If appropriate, the waiver may be extended for up to 6 months, at which time it must again be reassessed.

E. Disposition of Waiver Request

If the worker's decision is contrary to the assessor's recommendation, the worker should consult with the assessor. However, the final decision rests with the worker. Once a final decision has been made on the waiver, inform the participant. Note in the case record the decision concerning the waiver.

Never inform the individual in writing, by voice mail, or answering machine of the decision as this may precipitate violence if the batterer becomes aware of the activity. Rather, schedule a private meeting with the participant or have a personal phone conversation to inform him/her of the decision.

If it is determined that the waiver is not applicable, clearly explain the reason to the participant.

Regardless of the waiver decision, the worker must develop an MRA with the participant. See Section XIII.

The worker must notify participants of the right to appeal the decision if the waiver is denied, discontinued, or not renewed. Regular hearing procedures will apply.

F. Reassessment of Waivers

Reassess the applicability of waivers a few weeks prior to the end of the waiver period, if possible. To reassess the situation, refer the participant to the individual/agency conducting assessments for a follow-up assessment. An assessment report will be given to the worker. (See Section XVIII. for confidentiality.) Based on the report, the worker may decide to either extend the waiver for up to 6 months or terminate the waiver if the participant can now participate in Work First activities without risk of family violence.

EXAMPLE: A participant was granted a waiver of 10 hours of the work requirements for 3 months beginning in December. On February 10th the participant is referred for an assessment. The person conducting the assessment reports to the worker that the individual is still unable to work the total required hours for at least another 2 months. The waiver is extended for 2 months.