Statistics on New York's Family Violence Option Reflect Poor Implementation

January 1, 2001

Jennifer DeCarli

The family violence option is a federal option that was implemented in New York State on April 1, 1998. As statistics demonstrate that 20- 30% of welfare recipients are current victims of domestic violence, the family violence option was intended to allow states to address the safety needs of domestic violence victims and their children within their state TANF plans. [1] The family violence option allows an individual to self identify as a domestic violence victim in order to waive certain program requirements under welfare reform that may make it more difficult for that individual to escape domestic violence.

Unfortunately, recent statistics reflect very low numbers of individuals identifying and/or receiving waivers in New York State. As this is entirely inconsistent with what we know about domestic violence and welfare, there have obviously been problems with New York's implementation. In this article, I will review the family violence option, discuss the recently reported statistics and offer suggestions on how to improve the implementation of the family violence option.

What is the Family Violence Option?

The family violence option requires universal notification and screening of all public assistance applicants and/or recertifications or at any time the individual requests screening. Individuals must be screened for the existence of domestic violence. This screening form asks individuals five questions regarding whether or not they are currently in any danger. If an individual answers yes to any of the questions, he/she must be immediately referred to a domestic violence liaison. The domestic violence liaison's role is to assess the credibility and safety of the person, do emergency safety planning if needed, make referrals for domestic violence services, coordinate with other case managers and determine whether or not there is a need for any waivers from certain welfare program requirements. Waivers can be granted for program requirements such as work requirements, child support cooperation, paternity establishment and signing liens if it is determined that compliance with such requirements would make it more difficult to escape domestic violence or unfairly penalize those who are or have been victimized by such violence or who are at further risk of domestic violence.

There are a number of issues that advocates should be aware of with the family violence option as they have frequently arisen as problems. First, when the domestic violence liaison is assessing an individual's credibility, he/she can only require, at a minimum, that the individual sign a sworn statement confirming the truthfulness of the abuse. Additionally, the liaison must develop a written safety plan with the individual that is design need to lead to safety and self-sufficiency. This service plan should state which waivers were granted and the recommendations and referrals made by the liaison. However, the service plan can not require the individual to comply with the services and recommendations listed on the plan. In the most recent administrative directive on the family violence option (99 ADM-8), the Department specifically stated that it recognizes that it is the individual's choice whether or not to act on any of the referrals and they must not require individuals to participate in any particular activity.

Secondly, even if an individual did not initially indicate that he/she is a victim of domestic violence, that individual can ask to be screened at any time and the caseworker must provide the screening tool. Lastly, if a domestic violence victim is denied a waiver, an extension of a waiver etc., he/she can ask for a fair hearing on that issue.

Statistics on the Implementation of the Family Violence Option

Statistics released by the Office of Temporary Disability Assistance (OTDA) reported that from April 1998 – June 1999, 5,754 individuals indicated that they were in current danger on the domestic violence screening form. Of that 5,754, only 3,056 of those individuals were found to have credible claims of domestic violence. Of that 3,056, 1,694 of those individuals were granted waivers. As individuals can have more than one waiver, there was a total of 3, 853waivers granted from April 1998 - June 1999. Alarmingly, of the 57 counties outside of New York City, 49 of the counties reported less than thirty people as the total number of persons with waivers in their county (See enclosed statistics).

As the above statistics reflect an extraordinarily low number of individuals self identifying as domestic violence victims and being granted waivers, one could assume that the situation has improved since June 1999. However, at a recent training on the family violence option sponsored by the New York State Coalition Against Domestic Violence in November 2000, the Coalition distributed statistics from OTDA on the family violence option as of October 2000. Again, the numbers are alarmingly low. As of October 2000, 2,101 individuals were current recipients of waivers in New York State. Of this, only 670 of these individuals lived outside of New York City. Further, 49 of the 57 counties outside of New York City again reported less than thirty people as having current waivers in their respective counties.

As the above statistics reflect, although the family violence option was implemented in New York state in April 1998, there have been some major difficulties surrounding its effective implementation. Although the state has published several administrative directives addressing the specifics of the family violence option, as well as the role of the domestic violence liaison, it is clear that each county may not be following these directives. [2] For example, as of October 2000, 18 counties had no individuals with any current domestic violence waivers. (See enclosed statistics). It is incredulous to believe that there are no individuals currently applying for or receiving public assistance in any of these 18 counties who are not current domestic violence victims who could benefit from a domestic violence waiver from certain program requirements.

Suggestions for Improving the Implementation of the Family Violence Option

In order to ensure the effective implementation of New York's family violence option, there are a number of things legal services advocates can do. First, advocates should always ask their clients whether or not they have been screened for domestic violence if they are currently applying for or receiving public benefits. If the client reports that she has not been screened and/or that she did not feel comfortable indicating that she is a current victim of domestic violence on the screening form, advocates should advise their clients of their right to be screened at any time for domestic violence and the reasons why it may be helpful.

There are a number of problems with the screening of domestic violence victims which may be contributing to the low numbers of individuals receiving waivers in New York. First, individuals involved in abusive relationships may not want to self identify as a domestic violence victim to an intake worker at the Department of Social Services for various reasons. Perhaps they are embarrassed, ashamed, uncomfortable disclosing this information to a perfect stranger, do not self identify as a "victim of domestic violence", unsure about the confidentiality of the information and/or unsure as to why it would be helpful for the worker to know this. For all of these reasons, individuals may not check yes on the screening form and as a result will not be referred to the domestic violence liaison. Additionally, anecdotally, individuals are reporting that in some counties the domestic violence screening form is buried in the very lengthy application process and is not being handed out separately during the application interview as required. In this situation, one would imagine that individuals may not ever see the screening form and/or understand its purpose. Because of the challenges the screening tool imposes, it is essential that in addition to advocates asking clients whether or not they have been screened for domestic violence, advocates should be aware of the process their local DSS is using to screen individuals for domestic violence. According to the administrative directives cited above, the local districts must screen all applicants and re-certifications for domestic violence and this screening must be done through a face to face contact. Thus, providing the screening form and hand-out on domestic violence services in the initial application packet is not sufficient.

Lastly, advocates may want to think about methods of establishing more coordination with their respective domestic violence liaisons. For example, in Monroe County, the domestic violence liaison works closely with the legal service agencies working under the VAWA Civil Legal Assistance grant. The legal services provider that specializes in public benefits has developed a good working relationship with the liaison and ensures that victims of domestic violence are being properly referred to her. Further, the liaison refers clients to the legal service provider when an individual indicates to the liaison that she is having difficulty with her public benefits application.

Conclusion

As a responsive domestic violence legal services community, we need to ensure that the safeguards put in place for our clients in light of welfare reform are being implemented effectively. Since so many domestic violence victims are forced to turn to the Department of Social Services for assistance, it is imperative that the Department respond to their needs and implement the law correctly. As the above statistics indicate that there are problems, advocates should consider ways to evaluate whether or not the system in their respective counties needs improvement.

End Notes

 [1] See Keeping Battered Women Safe Through the Welfare to Work Journey: How Are We Doing? A Report on the Implementation of Policies for Battered Women in State Temporary Assistance for Needy Families (TANF) Programs: FINAL REPORT, by Jody Raphael and Sheila Haennicke, Taylor Institute, September 1999.

[2] See 98 ADM-3: Domestic Violence: Family Violence Option Under the Welfare Reform Act, 99 INF-10:  Domestic Violence Waiver of Temporary Assistance Lien Requirements; Recovery of Temporary Assistance from Legally Responsible Batterers & 99 ADM-8: Domestic Violence: Final TANF Regulations and the Family Violence Option.