Purpose: This section explains when someone must have an interview for benefits, when we schedule an interview, and when we can use an office or phone interview.
This section also explains the department's requirements to screen for family violence and what referrals to make for a person who may be affected by family violence.
What does the family violence amendment mean for TANF recipients?
WAC 388-452-0005
WAC 388-452-0005
Effective July 1, 2004
WAC 388-452-0005 Do I have to be interviewed in order to get benefits?
Unless you are applying for medical only, you or your authorized representative must have an interview with the department:
At initial certification; and
At least once every twelve months if your assistance unit (AU) is certified for twelve months or less.
You do not have to attend an interview if you are applying for or recertifying medical benefits only. If we deny your application for cash assistance or Basic Food because you did not have an interview, we continue to process your request for medical benefits.
You will have just one interview even if you are applying for or are having a review for benefits from more than one program.
If we do not interview you on the same day that we get your application, we schedule an interview appointment for you. We schedule your appointment the day we get your application or on the next business day if we get your application outside of our scheduled business hours, on a holiday, or a weekend.
We schedule an interview so your AU has at least ten days after the interview to provide needed verification:
Before the end of the thirty-day processing period for applications; or
Before your certification period ends for eligibility reviews or recertifications.
If you miss your first interview and ask for another interview within thirty days of the date you applied for benefits, we schedule a second interview for you.
If you must have an interview for benefits, you or someone who can give us the information we need about your AU must participate in the interview. You may bring any person you choose to your interview.
You may choose someone to take your place in your interview:
For cash assistance if you cannot come to the local office for us to decide if you are eligible; or
For Basic Food if the person is your authorized representative as described in WAC 388-460-0005.
We usually hold interviews at the local office. You can have a scheduled telephone interview if there is any reason you cannot attend an interview at the local office. Examples of reasons you may be unable to attend an interview include when:
Your work or training schedule makes it inconvenient for you to attend an in-office interview during business hours;
You are unable to take time off of work to attend an in-office interview, because you would not get paid for this time or you fear you could lose your job;
Someone in your AU is ill, or you have to stay home to care for an AU member;
You are having transportation problems;
You can’t safely get to the office because of severe weather;
You live in a remote area and can’t easily get to the local office;
All the people in your AU are elderly, mentally disabled, or physically disabled;
Someone in your AU is affected by family violence such as physical or mental abuse, harassment, or stalking by the abuser; or
You have any other situation that makes it difficult for you to come into the office for an interview.
If you currently get benefits from the department and you are completing an eligibility review or recertification for ongoing benefits under chapter 388-434 WAC, you can have a scheduled phone interview even if you do not meet the requirements for a phone interview listed above.
Applications from Basic Food outreach contractors:
We work with several community-based groups to inform people about the Washington Basic Food Program and help people who may be eligible for benefits apply for the program. These contractors often work with under-served groups who have not connected with Basic Food benefits through normal channels.
When we receive an application from an outreach contractor, the application will have a barcode on the bottom of the third page of the form to show who helped them with the application.
EXAMPLE:
To help connect people who turned in an application through an outreach contractor with Basic Food benefits, we assume that it would be difficult for the person to have an in-office interview and always offer a phone interview.
EXAMPLE
Christy receives a Basic Food application for Leo and his son in her inbox. A barcode on the bottom of the form shows that the "Everybody Eats Outreach Project" helped him fill out the application.
Because an outreach contractor helped Leo with the application, Christy knows to assume that an in-office interview would be difficult. She contacts him to offer a phone interview.
WORKER RESPONSIBILITIES
When to schedule an interview
If you can, set up an interview the day you receive the application. If you receive the application outside business hours, set up the interview on the next business day.
Based on federal law, we must set up interviews so the person has a specific date and time to attend the interview. Local offices may also give someone the option to come in on a different day on a first-come, first-serve basis.
Set up the interview so the person has 10 days before the end of their certification period or 30-day processing period to give us information we need.
EXAMPLE
George applies on August 1st. Set up the interview to be done by August 20th so he has 10 days to give us information we need before the 30-day processing period ends.
EXAMPLE
Mary reapplies for Basic Food on June 12th. Her certification period ends on June 30th. Set up the interview to be done by June 20th, so she has 10 days to give us the information we need before her certification period ends.
Set up an interview to work with a person's circumstances. Always offer a phone interview for someone who works during our business hours, lives in a remote area, turns in an application through an outreach contractor, or has any other circumstance that makes it difficult to have an in-office interview.
When we require an interview:
For cash assistance and Basic Food, interview a person at:
Application; and
Eligibility review or recertification, if we have not interviewed them in the last twelve months.
EXAMPLE
Wendy initially applied for benefits on March 6th. Her certification period ends on August 31st. Wendy reapplies for benefits before her certification period ends. Because we interviewed her at initial application, we do not need to interview her again. We can complete a desk review instead.
EXAMPLE
Same as the above example, except Wendy reapplied for benefits after her certification period expired. Because she reapplied late, we must treat this as a new application. We must interview Wendy for benefits.
EXAMPLE
Carole's certification period ends July 31st. The last time we interviewed her was six months ago at the last recertification. We do not need to interview Carole again. We can do a desk review instead.
EXAMPLE
BJ's benefits end June 30th. The last time we interviewed her was 11 months ago. Because we must interview someone at least once every 12 months, we must interview her.
Choosing the type of interview - Initial Application:
When we must interview someone, the standard is an in-office interview. If the person has no challenge coming in to the local office for an interview, use an in-office interview.
If there is any reason it would be difficult for someone to have an in-office interview, do a phone interview.
Set up phone interviews with the person in advance; and
Document the reason an in-office interview would have been difficult in the case record.
If someone must have an interview at recertification, we can do a phone interview even if an in-office interview would not be difficult. Set up an in office interview when:
Someone asks for an in-office interview; or
You decide that an in-office interview is necessary.
What to do during the interview:
Review the DSHS 14-113(X), "Your Rights and Responsibilities" with the person and give them a copy of the form. Document that you reviewed the form with the person and gave them a copy. See:RIGHTS and RESPONSIBILITIES for information.
Review all completed forms with the person as described below:
Make sure they have correctly filled out all the forms you need;
Resolve any unclear, incomplete, or inconsistent information with them; and
Get the proof you need about their circumstances as described in VERIFICATION.
See APPLICATIONS - Information Needed to Determine Eligibility to decide if the person completed all the forms you need.
Do not automatically reschedule a missed interview. Send the person a letter to inform them that:
They missed their interview; and
They must contact us to reschedule the interview if they still want benefits.
If someone misses a scheduled interview and requests another interview within 30 days of the date of application, set up a second interview.
Necessary Supplemental Accommodation (NSA):
If someone receives NSA services as described under Chapter 388-472 WAC, allow a phone interview if it is appropriate based on their circumstances and the NSA plan.
Persons suspected of fraud:
If you decide that someone needs an in-office interview because you suspect they are committing fraud, set them up with an in-office interview.
Give them a phone interview if they give you a reason that attending an in-office interview would be difficult.
Make a FRED or VOCS referral as appropriate. See FRAUD.
Review the application or eligibility review form to determine if the individual claims "good cause" for not helping the Division of Child Support (DCS) establish paternity and collect child support. This may be the first sign that family violence is an issue.
Review the Family Violence Option with the individual.
Explain WorkFirst work activities and eligibility requirements.
Tell the individual about cooperation and referrals, including the right to ask for a referral at any time while receiving benefits.
After the individual understands the Family Violence Option, screen the individual for family violence using the "Family Violence Screening/Evaluation" in eJAS.
Tell the individual that they only need to answer "yes" or "no" to each question. The individual does not have to explain their answers.
If the individual answers "no" to any of the questions, determine an appropriate work activity.
If the individual answers "yes" to any of the questions, provide them with referral information to local resources and determine an appropriate WorkFirst approved activity. Referrals may include one or more of the following:
Shelters for battered individuals or families;
Medical services;
Family and domestic violence hot lines;
Emergency help for individuals or families fleeing family violence;
Legal counseling and advocacy, including initiation of legal proceedings;
Mental health care, counseling and support groups;
Other available services.
NOTE:
See WAC 388-452-0010 for additional information about Family Violence screening.
WAC 388-452-0010
WAC 388-452-0010
Effective September 1, 1998
WAC 388-452-0010 What does the family violence amendment mean for TANF recipients?
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), also known as the Welfare Reform Act, gave every state the option to have a program to address issues of family violence for temporary assistance for needy families (TANF) recipients.
For TANF, it is family violence when a recipient, or family member or household member has been subjected by another family member or household member as defined in RCW 26.50.010 (2) to one of the following:
Physical acts that resulted in, or threatened to result in, physical injury;
Sexual abuse;
Sexual activity involving a dependent child;
Being forced as the caretaker relative or a dependent child to engage in nonconsensual sexual acts or activities;
Threats of or attempts at, physical sexual abuse;
Mental abuse;
Neglect or deprivation of medical care; or
Stalking.
DSHS shall:
Screen and identify TANF recipients for a history of family violence;
Notify TANF recipients about the Family Violence Amendment both verbally and in writing;
Maintain confidentiality as stated in RCW 74.04.060;
Offer referral to social services or other resources for clients who meet the criteria in subsection (1) of this section;
Waive WorkFirst requirements in cases where the requirements would make it more difficult to escape family violence, unfairly penalize victims of family violence or place victims at further risk of family violence. Requirements to be waived may include:
Time limits for TANF recipients, for as long as necessary (after fifty-two months of receiving TANF);
Cooperation with the division of child support.
Develop specialized work activities for instances where participation in regular work activities would place the recipient at further risk of family violence.
WAC 388-452-0010 applies only to persons who receive TANF cash aid.
Additional requirements for persons fleeing domestic abuse: Additional requirements may be available for persons currently receiving TANF or Refugee Cash Assistance fleeing domestic abuse. See EMERGENCY ASSISTANCE for rules and procedures.
Family violence may be a barrier for work: Family violence victims face several hurdles in successfully moving from welfare to work because:
The physical and emotional effects of past or present abuse may hinder job performance or work search.
The abuser may try to sabotage the victims' education, training and employment to keep them dependent upon the abuser.
The abuser may threaten the safety of the victim's children or family members.
The demands of court intervention, criminal prosecution, safety planning, physical and mental recovery, or counseling may interfere with work, education or training.
The victim may need to move or disrupt work to escape a violent living arrangement.
Individual Responsibility Plan (IRP): Since the degree of family violence varies greatly, the intent of this section is to help the worker determine an IRP. The following levels may help to determine whether or not a deferral and/or waiver is necessary:
Level 1 - This group identifies victims of family violence who do not want or need any referrals or deferrals and/or waivers from work requirements.
Level 2 - This group identifies victims of family violence who want supportive services and/or referrals, but do not need deferrals and/or waivers from work requirements.
Level 3 - This group identifies victims of family violence who need referrals to local resources and deferrals and/or waivers to gain stability before actively seeking employment.
See the WorkFirst Handbook for more information on participation activities for family violence victims.
WORKER RESPONSIBILITIES
Screen all persons approved for TANF at the initial application interview and each eligibility review for circumstances of family violence.
Provide referral information to individuals in need of counseling and support services.
Delay work search activities when participation would:
Make it more difficult for the individual to escape family violence.
Penalize individuals who have been or are at risk of becoming victims of family violence, or who are at further risk of abuse.
You may waive the following:
Time limits on receipt of TANF, after the individual has received TANF for 52 months.
Paternity and child support cooperation requirements.
Other WorkFirst requirements that unfairly penalize victims or make it more difficult to escape family violence.
Keep information about victims of family violence confidential as required by RCW 74.04.060.
Exception: You must report incidents of child abuse or neglect to the proper law enforcement agency. This includes child rape, child molestation and sexual misconduct with a minor. RCW 26.44.030(4) provides these guidelines.
Provide information about the Family Violence Option, both orally and in writing to all TANF individuals. Case Managers will provide the client with a copy of the Open the Door brochure at the initial application interview and at each eligibility review. The brochure tells the client about the Family Violence Option and how we can help.
Accept allegations of family violence by a victim as enough evidence to substantiate the claim of violence. Other evidence of family violence may include any of the following sources:
Police, government agency, or court records.
Documentation from a source from which the victim has sought aid in dealing with family violence.
Statement from any other individual with knowledge of the circumstances that provide the basis for the claim.
Physical evidence of family violence.
Other evidence that may help identify a victim of family violence.
Show sensitivity in handling situations involving a victim or potential victim of family violence.
Provide an environment in which the individual can disclose family violence. This includes interviewing the individual alone whenever possible.
ACES PROCEDURES
There are two procedures addressed in this section:
See Interview for actions taken during the interview; and
