EES POLICY NO. 12-08-01

RE:  Domestic Violence/Sexual Assault (DSA)

POLICY MEMO

Contact Person:

Judy Kennedy

FROM:   Karen Beckerman, EES Assistant Director
     

KEESM Reference:

3330.9 and subsections

DATE:    August 31, 2012

 Other:

Primary DCF Areas Affected: EES, Domestic Violence/Sexual Assault

Where Posted on Web: http://content.dcf.ks.gov/ees/KEESM/
Policy_Memo/policy_memo_list.htm

This memo provides instructions and information for the Domestic Violence/Sexual Assault program. These changes take place immediately and the changes will be reflected in the October 1, 2012 revision of the Kansas Economic and Employment Services Manual (KEESM).

  1. Successful Families

    Domestic Violence/Sexual Assault – (DSA)

    DCF Work Program definition of Domestic Violence/Sexual Assault (DV/SA) is: The victimization of a person who has or has had an intimate or spousal relationship with their abuser. It includes violence against both men and women and may encompass social/financial isolation, deprivation, physical, sexual, emotional and/or mental abuse.

    Screening and Referrals for DV/SA

    All TANF applicants and recipients are to be screened for DV/SA. Those who self-identify themselves as a survivor of DV/SA are to be referred to the local DV/SA Center via the ES-4416. Applicants and recipients who meet the DCF definition of DV/SA survivor (see above) and who opt to obtain services from the DV/SA Center are also to be referred via the ES-4416 with the DSA indicator checked.

    The applicant/recipient who meets the DCF definition of DV/SA is to be given the ES-4416 with instructions to meet with the DV/SA Center and return the signed and completed form within 10 days. This form is to include the DV/SA Center’s recommendation as to whether they will provide services to the TANF customer. This policy allows for applicant referrals. At the point in time when a TANF applicant is denied or closed, the local DV/SA Center is to be notified, via an email, fax or phone call to the Center’s advocate.

    Customers who express fear of handling this form due to safety issues may request the EES worker send the referral form directly to the Center. The survivor would then need to contact the Center independently and have the Center complete and return the form to DCF.

    Those not meeting DCF’s DV/SA definition are not required to return the ES-4416 or ES-4415. Mark the “Not DSA” check box on the ES-4416. These individuals are to be assessed for other appropriate activities and assigned to such.

    Local procedures may be developed between DCF offices and the DV/SA Centers to facilitate referrals, including the sending and receipt of such electronically.

    KSCARES Instructions

    A TANF applicant/recipient who meets the DCF definition of DV/SA is to be placed in the DSA component in KSCARES for 0 hours upon referral to the local DV/SA Center. This component is to be set for no longer than 6 months.

    Those who are identified as survivors, but do not meet the DCF definition of DV/SA are to be assessed for other activities and assigned to such on KSCARES.

    Case Maintenance of DSA

    1. Initial Referrals

      TANF applicants/recipients are to act as their own case managers regarding the DSA component. DCF has no formal agreements in place with the local DV/SA Centers and therefore any communication between the TANF survivor, DCF and the Center must be facilitated by the customer.

      Initial referrals are to be returned to DCF within 10 days of the date of the initial referral. This form is to be completed by the Center, signed and dated. Survivors who do not return referrals to DCF within 10 days will be reassessed and placed in another work program activity. Case workers will need to monitor the receipt of this form from the date of referral by use of Worker Alerts and take appropriate action if it is not received.

    2. Monthly Reporting

      Monthly status reporting is also a requirement of the DSA component. Again, the TANF customer is required to facilitate the exchange of information. EES workers will provide the TANF recipient 6 copies of the ES-4415 with instructions requiring the form be completed, signed and dated by the local DV/SA Center. This form needs to have information provided for the month ending and is required to be received in the DCF office by the 10th day of the following month. EES Case Workers will need to monitor the receipt of these forms by use of Worker Alerts and take appropriate action based on the information received or the non-receipt of the form.

      Survivors who do not return this form will be reassessed and placed in an appropriate activity. (Supplies of this form may be provided to the local DV/SA Center if they so request).

    3. Review of DSA Component

      Review the DSA component no less often than every 6 months. The review may include input from the DV/SA Center and must include the TANF recipient. Each review will include an updated Self-Sufficiency Agreement, including work activities, counseling (as needed), review of safety planning and barrier reduction activities (as needed).

      The longer a survivor receives DSA services the more likely they will be able to participate in additional work program activities. Keeping the survivors safety in mind, Self-Sufficiency plans need to include appropriate work activities to increase the likelihood of self-sufficiency. There is no set time frame for this to occur, but with input from the TANF survivor and the local DV/SA Center, other work program activities are to be considered in addition to the DSA component.

    4. Support Services

      TANF recipients in DSA are eligible for support services. These services may include transportation allowance, child care and other special services allowances. DCF funds may be used for supportive payments based on the DSA survivors’ need to assure safety, thereby facilitating work. Such expenses may include rent, utilities, deposits or moving expenses. However, once safety is assured, DSA survivors are expected to meet basic needs from their income. Funds are contingent upon regional allotments and are not an entitlement.

    Procedures for Cases Currently Open

    All DSA cases need to be reviewed to assure survivors meet the new DCF definition for eligibility for DSA services and to explain the new program requirements. This review is to be completed within 30 days. TANF recipients not meeting the new DSA definition are to be reassessed and placed in an appropriate activity. End date the DSA component and notify the local DV/SA Center.

    For survivors who continue with DSA services, provide them with 6 copies of the ES-4415 Monthly Status Form and explain the form needs to be completed by the DV/SA Center, and then returned by the 10th day of the following month. If safety is an issue for the TANF recipient, mail the forms to the local Center with identifying information on the customer. The TANF DSA recipient can sign the forms at the Center during the month and request the Center complete and return the form at appropriate times. Additional forms are to be provided to the TANF recipient as they are reassessed and placed in the DSA component.

    Penalties

    Penalties are not to be applied for failing to cooperate with DSA activities. However, DSA survivors who fail to follow through with assignments and return appropriate forms will be reassessed and placed in other appropriate activities. Case workers will need to monitor receipt of DCF Monthly Status Reports and reassess for other activities if not received. Penalties may be applied when DSA survivors do not respond to appointment letters. EES Case Managers should make every effort to determine if good cause exists by reviewing KEESM 2162(4) and 3500.

    Other

    Coordination between the local DV/SA Center and DCF office is highly suggested. While DCF requires the TANF recipient who is a DV/SA survivor to become their own advocate on behalf of DV/SA services, we would like to accept any assistance the DV/SA Center is willing to provide on the behalf of the survivor. Centers have explained their inability to provide information outside a signed release.

    When a Center provides a document that verifies information regarding the TANF DSA recipient, they will not answer follow-up questions via phone calls, letters, etc. without a new consent agreement. Again, the TANF DSA recipient will be required to act as their own advocate in obtaining all needed verification for eligibility determination.

    Forms

    E-15 - The Work Readiness Screening form has been modified to include questions to identify survivors qualifying for the DSA activity. Survivors answering positively to questions 1 and 2 meet the DCF definition of DV/SA. If these survivors elect to receive DSA services, they are to be referred using form ES-4416 to the local DV/SA Center.

    ES-4416 – DCF/DSA Referral Form has been created to referrals to local DV/SA Centers for TANF c recipients who report they are survivors of DV/SA. Those who meet DCF’s definition of DV/SA are to be identified by marking the box ‘DCF’. These individuals are to be instructed to have the form completed, signed, dated and returned within 10 days. All others are to be given the form but are not obligated, nor expected, to return this form to DCF.

    ES-4415 – DCF/DSA Monthly Status Report has been created to facilitate status information of the TANF DSA survivor who is being served by the local DV/SA Center. The survivor is required to have this form completed, signed and dated by the local DV/SA Center and returned to the DCF office.

DOMESTIC VIOLENCE/SEXUAL ASSAULT (DV/SA) EXAMPLES (DSA COMPONENT)

Screening and Referrals/KSCARES Instruction

  1. Mary applies for TANF and self discloses DV perpetrated by her spouse on the E-15, the Work Readiness Screening. She qualifies for DSA services as she indicated abuse on questions # 1 and # 2. She elects to obtain services from the local DV/SA Center. The EES worker completes the ES-4416, marking the DSA box to reflect the TANF applicant is eligible for DSA services. The survivor is told to self-refer to the DV/SA Center and return the form within 10 days. KSCARES is coded DSA for six months with 0 hours. The form is returned from the Center indicating Mary will be receiving services. The TANF application is approved, and Mary’s case will be reviewed every 6 months.

  2. JoAnn is a TANF recipient. During a conversation with her Work Program Specialist, JoAnn states she was a sexual assault survivor and wanted services from the DV/SA Center. While talking with JoAnn it is disclosed she was assaulted by a stranger many years ago. Refer JoAnn to the local DV/SA Center using the ES-4416, but do not mark the DSA box, as JoAnn does not meet the DCF definition of DV/SA (see KEESM 3330.9). JoAnn will need to continue to cooperate in other DCF work program activities and should be assessed to determine appropriate hours and component. Coordination with the local DV/SA Center is encouraged. JoAnn will not need to return the ES-4416 and DSA will not be added to KSCARES.

Case Maintenance of DSA/Procedure for Open Cases

  1. Ellen has been receiving DSA services for several months. With the implementation of the new procedure, Ellen’s case needs to be reviewed. Ellen meets the DCF definition of DSA. Ellen and the Work Program worker discuss the new reporting requirements and Ellen is given 6 copies of the ES-4415. She is given instructions on the need for the form to be completed by the local DV/SA Center and returned to DCF by the 10th day of every month. Ellen returns the form as required and she continues to be placed in the DSA component for 0 hours.

  2. Barb is currently in the DSA component. While reassessing Barb for the DSA component, it is noted Barb does not meet the new DCF definition of DV/SA. Barb may continue to work with the local DV/SA Center, but she will need to be reassigned to a DCF work component. End date the current DSA component and reassign Barb to an appropriate activity, keeping in mind any safety issues. Coordination with the local DV/SA Center is recommended. Notify the DV/SA Center of the termination of the DSA component.

  3. Gloria has been reassessed and continues in the DSA component. She was given the ES-4415 and instructed to return an ES-4415 every month by the 10th. Gloria turns in the form, but it has not been signed and completed by the local DV/SA Center. Gloria is no longer eligible for the DSA component and will need to be reassessed for appropriate services.

  4. Tim has been in the DSA component for 6 months. It is now time for the 6 month review. The EES Worker schedules the 6 month review, and requests Tim to notify the DV/SA Center if he would like an advocate to attend with him. The Center advocate and Tim show for the appointment. The advocate and Tim agree he could participate in other activities for 10 hours a week. KSCARES is coded DSA for 0 hours for another 6 months, and JSR for 10 hours.

  5. Cindy is a TANF recipient who is currently working with the DV/SA Center. She did not meet the DCF definition of DV/SA and therefore is not assigned to DSA. She is involved in another work program activity and is cooperating. The local DV/SA Center advocate and Cindy approach the EES Case Manager requesting assistance with a deposit for a new apartment for safety reasons. Based on Regional allotments and availability of funds, Cindy is eligible for support services.

Penalties

  1. Christy has not returned the DCF/EES Monthly Status Report Form. It is now the 13th of the month. Christy is no longer eligible for DSA services. She will need to be reassessed to determine what activity she will be assigned to. An appointment letter is sent for Christy to come in for an interview. Christy does not show for the appointment. After good cause is explored and not met, Christy’s TANF case is closed for failure to cooperate with the Work Programs and the appropriate penalty(ies) is placed.

  2. Kiera has not returned the referral form indicating she has been evaluated or accepted services from the local DV/SA Center. Her TANF case is open. Kiera is sent an appointment letter. Kiera attends the appointment and explains she has not been able to make it to the Center due to safety concerns. The EES Case Worker contacts the Center on her behalf and the Center advocate agrees to meet Kiera at a fast food restaurant. The Center mails the ES-4416 to DCF on Kiera’s behalf. The following month Kiera’s monthly status report form is not received. Based on information from previous contact, DCF knows Kiera’s safety is an issue. No penalty is placed. Continue to monitor this case and attempt to coordinate services with the local DV/SA Center with Kiera’s assistance.
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