Current through Register 1531, September 27, 2024
(A)
Definition of Domestic
Violence. The following acts by a current or former intimate
partner, spouse, relative, or household member shall be considered domestic
violence:
(1) physical acts that resulted in,
or threatened to result in, physical injury;
(2) sexual abuse;
(3) sexual activity involving a dependent
child;
(4) being forced to engage
in nonconsensual sexual acts or activities;
(5) threats of, or attempts at, physical or
sexual abuse;
(6) mental or
emotional abuse which would significantly reduce the victim's capacity to care
for himself or herself or his or her child or significantly reduce his or her
capacity to perform essential activities of daily living;
(7) neglect or deprivation of medical care;
or
(8) stalking.
(B)
Requirements.
(1) The
Department shall inform all applicants or clients that referrals to
community-based programs are available to past and present victims of domestic
violence, and that they may be eligible for waivers of certain program
requirements due to domestic violence. Such notification shall take place at
application, at eligibility review and any time the Department receives
information indicating that the applicant or client may have a history of
domestic violence.
(2) The
Department shall give applicants and clients written information about domestic
violence, including how to contact community-based domestic violence programs,
and rights regarding confidentiality. The Department shall also inform
applicants and clients that community-based domestic violence programs may be
able to help them to request waivers and document the need for
waivers.
(4) An applicant or client
may request a good cause waiver of certain TAFDC program requirements due to
domestic violence, at any time, including:
(a)
the work program requirement;
(b)
the 24-month time limit; and
(c)
teen parent school attendance requirements.
Good cause waivers due to domestic violence may be granted on a
case by case basis and may be temporary or permanent, as determined by the
Department. Temporary waivers shall be granted for not more than six months. At
the time of the expiration of the waiver, the continued need for the waiver
shall be reviewed.
The applicant or client has the burden of producing evidence to
establish good cause due to domestic violence; however, the worker may assist.
The applicant or client may need to produce evidence of the ongoing need for a
good cause waiver, and may show that he or she is currently participating in a
domestic violence program, or has otherwise begun to address the domestic
violence issue leading to the waiver.
(5) The Department shall decide whether a
good cause waiver for domestic violence shall be granted, the type of the
waiver, if any, and the length of the waiver. If a good cause waiver due to
domestic violence is granted, the Department may ask the applicant or client
speak with a trained domestic violence professional.
(6) The Department may also reassess any
Employment Development Plan (EDP) of an applicant or client who the Department
determines cannot meet the EDP due to domestic violence.
(7) A victim of domestic violence may also
have good cause for failure to cooperate with child support requirements.
(See
106 CMR
703.520 through
703.526)
.
(C)
Basis
for Good Cause Due to Domestic Violence. Basis for a good cause
waiver due to domestic violence is present in any of the following
circumstances:
(1) Imposition of the specific
requirement may place the applicant or client or his or her child at risk of
domestic violence which may result in serious harm or emotional impairment to
the applicant or client or his or her child. A serious emotional impairment is
one of such severity that would significantly reduce the applicant's or
client's capacity to care for himself or herself or significantly reduce his or
her capacity to perform essential activities of daily living.
(2) Compliance with the specific requirement
may:
(a) make it more difficult for the
applicant or client or his or her child to escape domestic violence;
or
(b) unfairly penalize the
applicant or client or his or her child as a current or former victim of
domestic violence, or as a person who is at risk of further domestic
violence.
(D)
Verification of Good Cause Due to Domestic Violence.
(1) Evidence of the existence of domestic
violence alone is not sufficient to show the need for a good cause waiver due
to domestic violence. The evidence must also meet the criteria specified in 106
CMR 703.110(C).
The Department shall consider any credible evidence that is
relevant to the claim of good cause. The Department shall determine what
evidence is credible and the weight given to that evidence.
(2) An applicant or client must verify a good
cause claim due to domestic violence by providing:
(a) a signed statement which includes:
1. the basis for the good cause claim as
found at 106 CMR 703.110(C);
2. the
reason he or she believes imposition of the specific requirement may place him
or her or his or her child at risk of domestic violence, which may result in
serious harm or emotional impairment or penalize him or her, or make it more
difficult for him or her or his or her child to escape domestic violence;
and
3. a description of the
relevant incidents including the approximate dates of the incidents;
and
(b) court, medical,
criminal, child protective service, psychological, law enforcement or school
records;
(c) documents showing he
or she has an order of protection under M.G.L. c. 209A or has taken other legal
steps to end the domestic violence, evidence that he or she has sought safe
haven in a domestic violence shelter or similar refuge, documentation of
injuries such as medical records or photographs; or
(d) if the documentation described in 106 CMR
703.110(D)(2)(b) or (c) is unavailable or inconclusive, a sworn statement from
the applicant or client and at least one other individual with knowledge of the
circumstances which provides with specificity a history of domestic violence,
rape or incest and other facts which support his or her good cause
claim.
