TANF & Domestic Violence in Georgia:

1. TANF & Domestic Violence in Georgia: Are Victims & Their Children Accessing Benefits? Shelley A. Senterfitt Senterfitt & Knight, LLC (404) 588-3000 ssenterfitt@skfamilylaw.com http://www.skfamilylaw.com/

2. Overview • Authority for TANF Domestic Violence Waiver • Federal law • Georgia law & regulations • DFCS TANF Manual • Current Challenges • GCADV Survey • DHR Statistics • Tools for Advocacy • Harvey Memo (Aug. 18, 2006) • Get it in writing! • Administrative Appeal • Notify DHR & Isabel Blanco

3. Authority for TANF Domestic Violence Waiver • Federal Law (42 U.S.C. § 602(a)(7)(A)) At the option of the State, a certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to – (i) screen and identify individuals receiving assistance under this part with a history of domestic violence while maintaining the confidentiality of such individuals; (ii) refer such individuals to counseling and supportive services; and (iii) waive, pursuant to a determination of good cause, other program requirements such as time limits (for so long as necessary) for individuals receiving assistance, residency requirements, child support cooperation requirements, and family cap provisions, in cases where compliance with such requirements would make it more difficult for individuals receiving assistance under this part to escape domestic violence or unfairly penalize such individuals who are or have been victimized by such violence, or individuals who are at risk of further domestic violence.

4. Authority for TANF Domestic Violence Waiver • Georgia Law (O.C.G.A. § 49-4-191) The department shall establish and enforce standards and procedures to: (1) Screen and identify recipients of TANF assistance with a history of being victims of domestic violence, while protecting the confidentiality of any such recipients; (2) Refer any such recipients to counseling and supportive services; and (3) Waive, pursuant to a determination of good cause, other program requirements for any such recipients of TANF assistance, such as time limits, for so long as necessary, residency requirements, child support cooperation requirements, and family cap provisions, in cases where compliance with such requirements would make it more difficult for individuals receiving TANF assistance to escape domestic violence or unfairly penalize such recipients who are or have been victimized by such violence, or individuals who are at risk of further domestic violence.

5. Authority for TANF Domestic Violence Waiver • Georgia Administrative Rules & Regulations (290-2-28-.09) The department shall screen and identify applicants and recipients of Georgia TANF Program who have a history of being domestic violence victims. The department shall refer such individuals to counseling and supportive services. If there is a determination of good cause by the department, the department shall waive program requirements, such as work requirements, cooperation with child support, residency, family cap and lifetime limits for so long as necessary, when such requirements make it more difficult for the victim to escape domestic violence or unfairly penalize individuals who are or have been victims of domestic violence or individuals who are at risk of further domestic violence.

6. Authority for TANF Domestic Violence Waiver • DFCS TANF Manual • http://www.odis.dhr.state.ga.us/3000_fam/FamilyChildren.htm • Relevant Sections (see handouts) • 1005 • 1302

7. Current Challenges • GCADV Survey (April, 2006) • 36 of 41 shelters responded • 28% report clients are routinely talked out of filing a TANF application • 31% report clients are being discouraged from completing applications during orientation • 69% report that “something happens” during orientation to cause clients not to complete applications • 19% report no orientations or individual orientations • 33% report difficulty getting work waivers • 44% report work requirements that are difficult or impossible because of a disability • 39% report work requirements that are difficult because of pregnancy

8. Current Challenges • DHR Statistics • Characteristics of Mandatory Adults (June, 2006) • Confirmed domestic violence in 1% of adults statewide • TANF Domestic Violence Compliance Report (May, 2006) • 39 waivers requested • 24 waivers denied • Program requirements waived: • Child support cooperation (14) • Work (5) • Other (1)

9. Tools for Advocacy • Harvey Memo (Aug. 18, 2006) (see handout) • Get it in writing! • Administrative Appeal • TANF Grievance Log Form (see handout) • Notify DHR & Isabel Blanco • iablanco@dhr.state.ga.us