M E M O R A N D U M

IM-92  07/14/99  DOMESTIC VIOLENCE FORMS MANUAL REVISION


SUBJECT:
DOMESTIC VIOLENCE
FORMS MANUAL REVISION #27:  DOMESTIC VIOLENCE SCREENING (IM2DVS), AND DOMESTIC VIOLENCE ASSESSMENT (IM-2DVA) FORMS AND INSTRUCTIONS
 
DISCUSSION:
The purpose of this memorandum is to discuss the issue of domestic violence, its impact on families, and implications the issue has on Missouri's families as they transition into the workforce.

A study conducted by Horizon's Research on behalf of the Division of Family Services reinforces national findings that domestic violence in Missouri has a direct effect on the incidence of child abuse and neglect, women's employability, and the ability to collect child support.

In response to these findings, the Division of Family Services has chosen to adopt the federal Family Violence Option (FVO) as an opportunity to develop policies and procedures that will enable staff to direct and assist victims of domestic violence in obtaining financial stability.  The provision of the Family Violence Option includes "implementing comprehensive strategies for identifying and serving victims of domestic violence". Additionally, identified victims will be allowed good cause waiver from immediate work participation.  These waivers will be allowed providing they are:

  • Granted appropriately, based on need, as determined by an individualized assessment;

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  • Temporarily applied, for a period not to exceed six months; and

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  • Accompanied by an appropriate service plan designed to provide safety and lead to work.
Advocates for the prevention and treatment of domestic violence as well as survivors agree that an important factor in the treatment of domestic violence is for the victim to become independent from the abuser.

Research supports evidence that a battered person is very likely to disclose the abuse when talking with the public assistance worker. In order for DFS to better serve and develop realistic plans for these individuals, front line workers must have the appropriate training and tools to be effective.  The content of this memorandum will focus on the role of the IM Caseworker, the FUTURES Case Manager and the Self-Sufficiency Case Manager in identifying, assessing, and referring victims to domestic violence shelters, advocacy programs, Child Support Enforcement services, Children Services, work participation, or any other available community resources.

TRAINING

A curriculum of training has been designed in collaboration with Children's Services, Division of Child Support Enforcement (DCSE), and the Missouri Coalition Against Domestic Violence (MCADV).  It will be offered to all Income Maintenance staff who will be responsible for screening and/or assessing individuals for domestic violence.

The training sessions are scheduled to be conducted over a two day period.  Participants receiving the training will include IM staff, Children's Services staff, and Child Support Enforcement staff, and staff members from the domestic violence community. The first day will focus on an overview of the issue of domestic violence including the cycle of abuse, indicators of an abusive relationship and the impact domestic violence has on the battered woman's ability to care for her children, maintain employment and pursue child support collection.  The screening and assessment process will be discussed on the second day of training introducing policy specific to Income Maintenance, Children's Services, and Child Support Enforcement.

The approach of this training is to create a truly integrated environment for participants to understand their role in the process of addressing the dynamics of domestic violence.  As staff understands each other's roles in this process, effective collaboration can be maximized in order to provide the most appropriate action plan for our families.

Training sessions will begin in Jackson County in July, 1999, and will roll out to the rest of the state in October, 1999. Information on the training dates for the Jackson County training has been distributed.  As details of the statewide roll out training schedule are available, staff will be notified by memorandum.

DOMESTIC VIOLENCE SCREENING (IM-2DVS)

With the assistance of MCADV, a screening tool (IM-2DVS) has been designed to assist staff in accurately identifying potential victims of domestic violence.  The IM-2DVS will be used at the time of application for Temporary Assistance and at interim contacts where eligibility factors are reviewed, i.e., reinvestigations, work participation orientations, adding a child, etc.  The form is a series of brief questions about the participant's circumstances in relation to past or present partners.  The questions are not intended to be intrusive and only ask enough information to identify indicators of domestic violence.  Staff will discuss the purpose of the screening and allow the participant the option to answer the questions.

The IM-2DVS is a four part form.  The goldenrod copy of the form will be maintained in the participant's Temporary Assistance record. The original and appropriate copies will be forwarded to a referral resource (Self-Sufficiency Case Management, contracted case management, Children's Services, community resources) accompanied by any other pertinent information, including the domestic violence assessment form (to be discussed later in this memorandum).  If the participant is assessed for Good Cause for non-cooperation with child support, a copy of the form will be forwarded to Division of Child Support Enforcement along with the domestic violence assessment form.  This process will be discussed in more detail later in this memorandum.

Identification of a potential victim of domestic violence is made when any of the questions in Section 1 are checked.  Sections 2 and 3 ask the participant if they are presently afraid of the individual who has abused them and if the individual is the parent of any of the participant's child/ren.  If the answer to either of the questions in Sections 2 and 3 is yes, the Caseworker will then discuss the assessment process with the participant.  The assessment process will serve two purposes for the worker and the participant by:

  • determining if the participant wishes a good cause determination for refusing to cooperate with Child Support Enforcement; and

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  • providing information needed to assess the participant's ability to enter into a work activity.
Situations may occur where the participant chooses to only answer part of the questions and refuses to continue.  When this occurs, staff will provide any local resource information that may assist the participant with her situation.  If the participant chooses not to answer any or all of the questions on the IM-2DVS, indicate this under the Comments section of the form.  The participant will not be required to proceed with the screening or assessment process.  The worker may want to consider giving the participant a directory of available resources (MCADV state resource directory or other community based resources) even though she declined to answer the questions on the IM-2DVS.

If the answer to questions 2 and 3 on the screening is "no" but the answers in question 1 indicate the abuse is occurring with a current partner, the worker will make a referral to either a domestic violence resource or provide the participant with a directory of available resources.

When a discussion of the participant's circumstances reveals any suspected abuse or neglect toward the child/ren, the worker is mandated to report the incident to the Child Abuse and Neglect hotline.  The worker will inform the participant of this mandate at the beginning of the screening process.

DOMESTIC VIOLENCE ASSESSMENT (IM-2DVA)

If the IM-2DVS identifies a participant is a victim of domestic violence and the participant expresses fear of the abusive partner, the Domestic Violence Assessment (IM-2DVA) will be completed.  The Domestic Violence Assessment (IM-2DVA) will assist staff in collecting information from the  participant as it relates to participation in a work activity and cooperation with the assignment/collection of child support.

The IM-2DVA is divided into five sections.  The first section is to collect identifying information about the abusive individual. Section two is a risk assessment and asks questions that will determine to what extent the abuse is occurring.  Section three will be used to collect information on the participant's ability to engage in a work activity.  The questions focus on the potential danger the participant may be in if she becomes employed.  This section will be completed by the case manager at the time the participant is referred to case management services. Section four consists of a series of questions designed to assist the participant in deciding if she wishes to claim good cause for non-cooperation with the assignment of child support. Section five of the form discusses evidentiary requirements and the availability of supporting records for a good cause claim determination. This section allows the participant an opportunity to provide a written statement of her circumstances when other evidence is unavailable.

When all the questions have been completed, or if the participant has answered only part of the questions and decided she does not want to continue, the worker will complete the referral section of the form.  This section discusses if a referral is being made to any resources available to the participant.  If the participant requests a direct referral (one in which the participant requests the worker's assistance), the worker will indicate what type of resource the participant is being referred to.  Examples of a direct referral are domestic violence shelters, domestic violence support programs, services offered through the Department of Health, services offered through Department of Mental Health, or local community resources.  At the participant's request or if the participant has only answered a portion of the questions on the assessment, the worker will make an indirect referral (one in which the worker provides resource information only).  Examples of an indirect referral may include giving the participant a listing of community resources or other community resources.  County offices will receive a copy of the MCADV state resource directory to assist in referring victims to local service providers.

A copy of the Domestic Violence Screening (IM-2DVS) and Domestic Violence Assessment (IM-2DVA) forms and instructions is attached to this memorandum.

WORK PARTICIPATION

Refer participants identified as victims of domestic violence to case management if they have indicated there is potential danger to them by participating in a work activity.  Attach the IM-2DVS and IM-2DVA (when appropriate) to the IM-2JNA when making a referral to case management services.

The case manager will discuss work participation and complete Section three of the IM-2DVA with the participant.  This information will be part of the participant's case management record and will be used to assist in coordination of services and negotiating a Self-Sufficiency Pact with the participant.

If domestic violence has been identified, a participant may be granted "good cause" from immediate work participation not to exceed six months.  Case managers will need to design a Self-
Sufficiency Pact that is responsive to the immediate concerns and needs of the victim.  Activities a participant who is an identified victim of domestic violence may engage in while granted a good cause waiver may include the following:

  • Participate in a local support group;

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  • Investigate and/or secure housing;

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  • Obtain counseling;

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  • Enter a domestic violence shelter.
While this list identifies some activities that can be negotiated, it is not inclusive.  Staff are encouraged to develop a Self-Sufficiency Pact that is individualized to the needs of the victim and her children.  It is to support safety for herself and her children while promoting employability.  Local domestic  violence programs should be consulted when negotiating a Self-
Sufficiency Pact for a participant.  Local resource development and collaboration efforts will be discussed later in this memorandum.

NOTE:  A participant engaged in a Pact that involves participation in activities related to resolving the barrier of domestic violence will be eligible for supportive services. 
If the negotiated SSP is not followed by the participant, her Temporary Assistance grant may not be sanctioned if she has been granted a good cause waiver from work participation.  The case manager and the participant will collaborate with any supportive resource person the participant is working with to ensure the Pact can be followed, or the Pact may need to be re-negotiated.

COOPERATION WITH THE ASSIGNMENT OF CHILD SUPPORT

If domestic violence is identified by the IM-2DVS, explore if the participant will be willing to cooperate with a referral to Child Support Enforcement.  If the participant states that by cooperating with Child Support Enforcement her safety may be endangered, the worker will explain the option of claiming Good Cause.

Staff will use the IM-2DVA during this portion of the investigative interview. The worker will lead the interview by asking the questions listed on the form.  As the participant answers the questions, the worker will be able to collect the information necessary to assist the participant in establishing good cause.  The IM-2DVA will also assist the worker in determining what type of documentary evidence is available to substantiate the participant's claim.  The participant will be asked to provide the documentation as indicated by the assessment form if it is available.

In situations where documentary evidence is not available, the participant's statement may be all that is available to establish her claim.  When this situation arises there is space available on the assessment form for the participant to indicate she wishes to provide a written statement of her own to support her claim. Efforts should be made to have the participant's statement corroborated by anyone familiar with her situation.  If no other information is available and the participant indicates her statement is the only evidence she has to support her claim, her statement alone is allowable evidence to approve her Good Cause claim.

After the IM-2DVA is completed, the worker will include it with the IM-2DVS and IM-2E part 2 as part of the good cause determination.  Refer to IMNL Section 0205.060.25 for instructions on "Determining Good Cause".  Based on the information provided, the worker may make the determination of good cause for non-cooperation without administrative review or approval.  If the information on the IM-2DVA is insufficient or the worker is uncomfortable with the good cause claim, the worker may request supervisory review.  If the participant requests good cause, based on domestic violence, it is not necessary for the CSE-201 to be completed.

NOTE:  The Temporary Assistance application must not be delayed pending a decision on a good cause claim.

Section 0205.060.20 of IMNL has been revised to include the incidence of domestic violence as an allowable circumstance to grant good cause for non-cooperation with Child Support Enforcement.

Staff may refer to IMNL Section 0205.060.30 "Types of Evidence" for a detailed explanation on the gathering of information to establish a good cause claim.  Under item "2" there is reference in the third paragraph when it may be appropriate to contact the absent parent.  In situations of domestic violence, staff are instructed NOT to contact the absent parent in ANY circumstances while making a good cause determination or any time after good cause has been approved.

IMNL has been revised to reflect the changes about good cause determinations when domestic violence has been identified.  Staff are encouraged to refer to Memoranda IM-131 dated October 13, 1998 and IM-166 dated December 17, 1998 for further information about the IMNL revisions.  Please note that IM-131 discusses the sanctioning process for failure to cooperate with DCSE.  In this memorandum, information about domestic violence good cause is referred to in the incorrect section numbers of IMNL (Section 020.070).  The section numbers of IMNL discussed in this memorandum are the correct references (Section 020.060).

After the Domestic Violence Assessment (IM-2DVA) has been completed and if it is determined that the participant has good cause for refusing to cooperate with child support, the worker will notify Division of Child Support Enforcement with the determination.  This notification will be completed by sending a copy of the IM-2DVS and IM-2DVA to the Division of Child Support Enforcement, accompanied with an IM-16, Communication Transmittal form, explaining the basis of the good cause determination.

Revisions to the IM-U5 system are being developed to allow staff to enter an indicator for domestic violence.  This indicator will identify any case identified to have domestic violence as either a barrier to participation in a work activity or for cooperating with Child Support Enforcement in the assignment of child support.  When the system changes are complete to enable staff to utilize this indicator field, a separate memorandum will be sent.

For any applicant or recipient of Temporary Assistance in which domestic violence has been identified, staff is instructed to discuss with the participant the possibility of using a P.O. box as an alternative to their residential address.  This alternative address will be the address entered into the IM-U5 system.  The use of an alternative address will assist in protecting the wherabouts of the victim from her abuser.  This option is to be explored whenever there is an indication that domestic violence and potential danger still exists.

COMMUNITY RESOURCE DEVELOPMENT

A key element to the success of a participant's treatment of domestic violence is the existence of available resources.  Attached to this memorandum is a directory published by the Missouri Coalition Against Domestic Violence.  This directory lists the State's service providers specializing in domestic violence issues.  Staff should use this directory when referring participants for services. County offices should make contact with the program servicing their county and develop a strategy of collaborating services. If a county is unfamiliar with a particular service provider, it is suggested that the provider be invited to the office to discuss their program with staff.

A county may not have a provider that can reasonably be accessed.  If this occurs, the county is instructed to contact available community action agencies, mental health providers, or civic organizations in order to utilize their services.  The county may wish to track the occurrence of domestic violence, initiate community awareness, and possibly develop a strategy of establishing a domestic violence prevention program in their community.  The Missouri Coalition Against Domestic Violence is a resource for technical guidance in establishing a domestic violence program in local communities.

CHILDREN'S SERVICES REFERRALS

As employees of the Division of Family Services, Income Maintenance staff are mandated reporters of suspected child abuse and/or neglect, pursuant the Revised Statutes of Missouri section 210.115.  When the welfare of a child is questioned, a referral to Children's Services must be made.  IM staff will discuss their professional position as a mandated reporter with the victim and refer participants to Children's Services if there is risk or harm to their child.

When Children's Services and Income Maintenance are providing services to the same person, the two units should coordinate their activities to ensure the success of the participant in their work participation and in caring of their child/ren. Counties are encouraged to conduct joint case staffings to coordinate services and to discuss any impediments.

 
NECESSARY ACTION:
  • Review this memorandum with all appropriate staff.

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  • Upon receipt of staff training, begin implementation of the screening and assessment process described in this memorandum.

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  • Upon receipt of staff training, begin using the IM-2DVS.

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  • Upon receipt of staff training, begin using the IM-2DVA for individuals requesting a waiver from child support cooperation.

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  • Upon receipt of staff training, begin using the IM-2DVA for individuals requesting a waiver from immediate work participation or who will be entering an alternative work activity based domestic violence.

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  • Begin using the attached Service Provider Directory in identifying available domestic violence treatment programs.

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  • Coordinate with community resources in developing domestic violence treatment and prevention programs.

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  • When identified as appropriate, refer participants to Children's Services.

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  • File forms and instructions in the forms manual.
DC/BLH
Distribution #2

[ 1999 Memorandums ]