CAO's must maintain client privacy and safeguard all domestic violence information to the fullest extent permitted by law. If domestic violence is suspected or disclosed, find a private place to talk, refer victims to appropriate services, and explore the need for and assist the client in obtaining a good cause waiver of one or more TANF requirements. Ask the CAO director for help if no private space is available.
In addition, the DRS and court are mandated by Federal and State laws and regulations to maintain confidentiality and ensure appropriate use of all information concerning child support applicants/recipients. DRS staff are trained on domestic violence and the Family Violence Indicator through the Pennsylvania Child Support Enforcement Training Institute. A signed security agreement must be obtained from each DRS employee prior to permission being granted to access the Pennsylvania Child Support Enforcement System (PACSES).
Neither the CAO nor the DRS shall access a DRS file unless access to the file is needed in the performance of their duties.
All individuals must be assured that the personal data that they provide will be confidential. This is of critical importance to domestic violence victims since their physical wellbeing or life may be endangered should their whereabouts become known to the abuser. Protecting the victim’s address as well as other pertinent data is vital to family safety. In critical situations, the Social Security Administration will assign a new social security number to a victim to help ensure that the victim cannot be identified. The CAO can inform individuals of this option. Discussions about specific domestic violence victims must be done in private with a supervisor and not shared elsewhere in the office.
Unless required by law or pursuant to the individual’s written authorization, the CAO shall not disclose or release to any individual, except as set forth in the note below any of the following information about an individual who has disclosed domestic violence:
The address of the individual or any family or household member, including the individual’s and child(ren)’s residential address, the name and address of the individual’s employer, welfare to work program or other RESET activity, or school, the name and address of the child(ren)’s school, and the identity and location of childcare or medical providers.
Whether the individual or any family or household member is living in a shelter for battered individuals.
The amount of benefits received by the individual or any family or household member.
Whenever an outside agency or individual requests information about an applicant or recipient who has disclosed domestic violence, has a protection from abuse order or is at risk of further domestic violence, the CAO will:
Provide the PA 1851 (See Appendix A) to the client in person or by mail.
Include the name of the requestor, the specific information that is being requested and the purpose of the request.
Sign and have the client sign the completed form prior to release of any information.
Maintain the original PA 1851 in the case record.
The form is not required if the information must be provided under Supplemental Handbook Section 930.3, Disclosure of Client Information.
Whenever an abuser who is part of a budget group requests access to the DHS case file and domestic violence has been disclosed, the CAO shall consult the DHS Office of General Counsel to ensure that location information and domestic violence disclosures are removed from the file.
NOTE: These non-disclosure requirements apply even where the information is requested using the form PA 163, Request for Address and/or Amount of Assistance.
The PA 4, Authorization for Information, will not be construed to be the client’s consent to release personal information about domestic violence.
For Maximizing Participation Project (MPP) participants, information may be released with the individual’s informed consent on form PA 1723 (Authorization for Release of Information. The PA 1723 is available on DocuShare. Prior to releasing any information to a law enforcement officer, the CAO must contact the DHS Office of General Counsel and obtain specific authorization.
A victim of domestic violence may use an alternate address for receipt of mail if:
The individual has applied for or received a good cause waiver based on domestic violence or,
The individual is at risk of further domestic violence.
NOTE: The CAO must ask any individual who discloses domestic violence whether it is safe to send mail to the home address or whether it would be safer to mail it to an alternate address.
The CAO should make this inquiry at application, any time the individual requests a waiver of a TANF requirement based upon domestic violence, and prior to imposing a sanction.
If the individual wants to use an alternate address, record the alternate address as the client mailing address in eCIS. The individual may use the CAO address as an alternate address. If the individual chooses to use an alternate address, the CAO must record the actual home address in the case record comments. Remind the individual that important mail will come from the CAO at the alternate address and to check for mail at that address regularly and frequently to avoid any problems.
The CAO will:
Generate system notices which will be sent to the alternate address;
Generate manual notices if the CAO is the alternate address.
Address Confidentiality Program
The Address Confidentiality Program (ACP) is administered by Pennsylvania’s Office of Victim Advocate (OVA). The ACP functions as a mail forwarding system for victims accepted into the program. The ACP is not a victim/witness protection program, but may be an important part of a safety plan for victims. Program participants are:
Provided with a legal substitute mailing address which is used in place of their actual mailing address. First class, certified and registered mail is forwarded by OVA free of charge to the participants’ actual address.
Issued a program participation card with the substitute address on the card. The substitute address is used as the program participants’ legal residence, as well as work and/or school address. The address must be accepted as the participants’ legal address by all state and local government agencies. The program participation card includes an ACP authorization code number which must be used on all correspondence with the participant.
Enrolled for three years, unless otherwise cancelled by the participant or ACP, before the expiration date.
Enrollment in the ACP may affect individuals who are applying for:
Programs at CAO's: Temporary Assistance for Needy Families; General Assistance; Emergency Shelter Allowance; Supplemental Security Income/State Supplementary Payment; Supplemental Nutrition Assistance Program; Low-Income Home Energy Assistance Program (LIHEAP); Medical Assistance Programs, including waiver programs and dually-eligible Medicare/Medicaid programs; child care payments; federal foster care and adoption cases.
Services at a county Mental Health and Intellectual Disabilities Program Office or base service unit.
Child support services at one of the 67 Domestic Relations Sections.
Although state or local government entities may not require individuals who are enrolled in the ACP to provide an address other than the Harrisburg P.O. Box substitute address, private providers are not subject to the provisions of this Act. Additionally, if the participant is eligible for home and community-based services, the individual must disclose their true resident address.
The ACP address used for all participants is:
P.O. Box #2465
(include Authorization Code as address second line)
Harrisburg, PA. 17105-2465
NOTE: The ACP card will include a unique Authorization Number. The Authorization Code number should be included on the second address line so that the OVA knows who the mail should be forwarded to.
Applicants:
Applicants who participate in the ACP must present their ACP card to the CAO.
The CAO will:
Call 1-800-563-6399 to verify that the individual is certified in the program and the ACP authorization code. Scan a copy of the ACP card into the case record imaging. See Appendix A.
Inquire if the individual resides in the county in which they are applying. This may be volunteered but is not required. If the applicant chooses not to provide the county of residence, explain that the county of residence determines:
The amount of cash assistance that is authorized (Family Size Allowance).
Referral to the appropriate employment and training programs, including contracted programs.
Which local Domestic Relation section the applicant would be referred to for child support if a referral is appropriate.
The Medical Assistance health care delivery system and the proximity of the providers, including the primary care provider, from whom the applicant will receive health care. The health care delivery system would be based on the county of residence.
If the applicant refuses to confirm the county of residence, explain that the CAO must assume the applicant is residing in the county of application and will receive benefits accordingly. Inform the individual that by signing the application, the applicant agrees that the CAO may treat the individual as a resident of the county of application and will be considered for applicable county benefits.
Use the ACP mailing address as shown on the ACP card in place of the individual’s mailing address in eCIS.
The CAO will select Yes in the Domestic Violence field on the Individual Non-Financial screen in eCIS. The Domestic Violence Screen will be prompted and the CAO must answer Yes in the ACP Participation field, and also enter the ACP Number from the ACP card in the ACP Number field.
REMINDER: Include the individual’s authorization code that appears on the front of the ACP card on all correspondence.
NOTE: ACP mail is delayed 5-7days from the date it was sent by the CAO when it is processed through the ACP. It can be a longer period of time in rural areas of PA. This affects CAO notices for review and renewal dates and the IMCW must take this into consideration for ACP Participants.
Do not record the individual’s physical address in eCIS or the case record comments or retain copies of documents that list the individual’s physical address. Do not record the landlord’s name or the landlord’s address and telephone number. When verifying residence, household composition or shelter cost, accept any document that lists the ACP address and verifies an eligibility factor. Allow the individual to provide any document that has a physical address concealed. If the applicant provides a document that lists the physical address:
Do not keep the document.
Do not disclose or release the applicant, recipient or family members residential address, the name and address of the individual’s employer, education, training, or work program, the name and address of a child or children’s school, childcare or medical provider.
If the CAO receives judicial orders or a subpoena for client information from an entity outside of DHS, the CAO will request legal advice from the Office of General Counsel, see Supplemental Handbook 930.33, Subpoena of Client Information.
The CAO will narrate:
What documents were used as verification.
What eligibility factor the documents verified; and
Why copies of the documents are not in the record.
Recipients:
If a recipient presents an ACP card, the CAO will:
Call the ACP at 1-800-563-6399 to verify the individual is certified in the program and the ACP authorization code.
Ask the recipient if they continue to reside in the county where benefits have been issued, and
Follow the steps listed under Applicants.
At renewal, re-verify the individual’s participation in ACP, if questionable.
If the applicant/recipient is not currently certified in the ACP and does not have an alternate address, the CAO will:
Ask the applicant/recipient if they prefer to use an alternate address. If yes, use that address.
If no, require the applicant/recipient to provide an actual physical address.
Verify the address according to procedures in Cash Assistance Handbook Chapter 178, Verification.
|
ALTERNATE ADDRESS |
ACP-ADDRESS CONFIDENTIALITY PROGRAM |
Client is Required to Provide Actual Home Address |
Yes |
No |
Enter Alternate or ACP Address in eCIS as Mailing Address |
Yes |
Yes |
Narrate Actual Home Address in Case Record Comments |
Yes |
No* |
*Actual address of client with ACP can be entered into case record comments if the client volunteers to provide the information. |
||
Documenting reported domestic violence is critical for ongoing protection and support. While the Family Violence Option is used specifically for TANF benefits, it is DHS’s responsibility to protect and support all individuals who are victims of domestic violence regardless of the benefit requested and/or received.
Individuals who have experienced domestic violence in the past, or are currently experiencing domestic violence, or who are at risk of further domestic violence, may choose to request a waiver of the support cooperation requirements by claiming good cause. If an individual does not choose to request a waiver of the support cooperation requirements and wants to pursue support, the FVI indicator should be placed on the individual’s DRS file and in PACSES. 23 Pa. C.S.A. §4305(a)(10) 42 U.S.C.S. 654(26)
The FVI is a marker that is placed on the individual’s electronic file in PACSES to indicate that the victim’s whereabouts should be suppressed from any correspondence the DRS sends regarding the support enforcement action. Entry of the FVI code in PACSES will place highlights and warnings on screens and suppress address information from selected screens in PACSES and from documents generated for mailing to the alleged abuser. For individuals who choose to pursue support, placing the FVI in the Domestic Relations database (PACSES) can safeguard information about the victim’s whereabouts in the support enforcement system.
When an individual makes a personal appearance at the DRS and requests an FVI be placed in their files, the DRS shall place the FVI in PACSES.
For individuals in counties in which a personal appearance at the DRS is waived, the CAO shall electronically inform the DRS that a FVI was placed in eCIS and directs DRS to place the FVI on PACSES.
If a FVI is placed on the file:
The DRS will not disclose the individual’s information; and
DRS and other Department staff will not access a DRS file unless access to the file is needed in the performance of their duties.
When the individual has family violence issues but chooses to pursue support, use of Support Referral Code 11 (Support Action Required Family Violence) will automatically update PACSES with the FVI code and create an alert to the DRS advising that the individual has reported family violence.
The CAO shall use Support Referral Code 11 (Support Action Required - Family Violence) if the individual chooses to pursue support and if one of the following circumstances exists:
A PFA order has been entered against the individual from whom support would be filed.
There is reason to believe that the release of information on the whereabouts of the family may result in physical or emotional harm to the adult or a child.
The individual has applied for or has been granted a good cause waiver of a TANF requirement by the CAO based upon domestic violence.
Err on the side of caution when determining the need for the FVI. For example, if the individual is unsure about the risk of disclosure, use support referral code 11 to enter the FVI. You should also enter the FVI if you have reason to believe that the individual’s or family’s safety would be endangered by disclosure of their whereabouts. For example, the individual reports to the CAO worker that the non-custodial parent is going around saying “I’m going to track them down!”
If circumstances support placing the FVI code in PACSES, and on the individual’s paper file at the DRS, the CAO should so inform the individual and tell the individual that:
They should advise the child’s school that information about the children or family should not be provided to the other parent.
Correspondence sent to the other parent will not include the location of the victim and child. This includes the victim’s and child’s residential address and telephone number; the employer’s name, address and telephone number; the identity and location of medical providers (in connection with insurance claim information), and the CAO address.
The individual’s computer record is safeguarded by warnings and alerts in PACSES and the paper file is marked to indicate family violence. The DRS and court are mandated by Federal and State laws and regulations to maintain confidentiality and ensure appropriate use of all information concerning child support applicants/recipients. DRS and CAO staff are not to access any DRS file unless they have a responsibility to work on that file.
The FVI will be transmitted to the Federal parent locator database, which will protect confidential information unless the need for the information is documented and approved by the court.
The AMR will be completed by CAO staff trained in DV. To ensure confidentiality, specific information about domestic violence will not be recorded on the AMR. Record the phrase “Referred for supportive services” in the "Barriers To Goal Achievement" section on the AMR. Document the circumstances and information with regard to domestic violence in the case record comments.
If a TANF program requirement has been waived, the AMR will identify the specific requirement that is being waived in the "Barriers To Goal Achievement" section. The AMR will not include the basis of the waiver. The CAO will not record any information about domestic violence on the AMR. Note the basis for the waiver in the case record comments.
The “Employment & Training Status” section will be checked Exempt if the individual has received good cause from RESET for domestic violence. The “Participation Status” section will be checked Approved if a good cause waiver has been granted and the Reason will list what program requirements have been waived and for how long. The “Agency Assistance and Referrals” section will contain and document all services, assistance, and referrals the individual is being provided.
The “Participation Activities” section of the AMR will be blank if the individual is granted good cause for a waiver of work (RESET) requirements and does not volunteer. This adult is not required to comply with RESET, but may volunteer to participate in education, training, or other work-related activity and receive childcare, transportation or other supportive services as noted and documented in the “Agency Assistance and Referrals” section. A volunteer may not be sanctioned for failure to participate in a RESET activity. To promote and encourage independence from state assistance, when good cause is granted for domestic violence, the Job Readiness Assessment form will be attached to the AMR completed by CAO staff trained in DV. See CAH 107.6 Completing the AMR.
The “Participation Activities” section of the AMR should reflect activities for which the individual volunteered to participate. If the individual is participating in an activity through an approved contractor, such as MPP, it may be important for contractors to know of the potential problems that may occur at the training/employment site due to the domestic violence. However, the CAO will inform the client it is the individual’s decision to share this information with the contractor.
The AMR serves as the Federal service plan for domestic violence waivers.
55 Pa. Code § 108.17(c) 45 CFR 260.55
For additional guidance to complete the AMR, see CAH 107 The Agreement of Mutual Responsibility (AMR) (CAH 107)
108.105 Documenting Reported Domestic Violence
The Family Violence Option requires that CAOs protect and support victims of domestic violence (See CAH 108.2). Documenting reported domestic violence is critical for ongoing protection and support. This section addresses how all forms and documents should be scanned to report domestic violence in a case record.
All forms and documents related to domestic violence will be scanned including but not limited to all DHS OIM forms found in CAH 108 Appendix A, all other OIM forms, PFA's if offered by the client, other court related forms, law enforcement forms, medical forms, forms from lawyers, attorneys, advocates, shelters, counseling agencies, and third parties. All forms will be scanned, and a narrative entered into the case record comments supporting the scanned forms. Prior to releasing any case record information to a third-party, the CAO must contact the DHS Office of General Counsel and obtain specific authorization.
Note: For specific case management information concerning the ACP, see CAH 108.102 Alternate Address.
Updated August 9, 2021, replacing May 16, 2018