OPS 17-12-04 Revised Office of State Inspector General (OSIG) investigation referrals, forms, and domestic violence policy changes. (Published December 21, 2017)
Referral for Field Investigations
Since OSIG investigations may pose a risk to domestic violence victims, the OSIG revised the policies concerning investigations of cases involving domestic violence.
Whenever the CAO is aware of past, present, or risk of further domestic violence, it must indicate domestic violence on the Field Investigation Referral (OSIG 12; Box 6) or Program Integrity Unit Referral (OSIG 12-R; Box 9) that the individual is claiming domestic violence. Investigation referrals to OSIG that involve domestic violence with an open TANF budget will be sent to BOP through the resource account at RA-PWDFADVREVIEWS@pa.gov If BOP approves the investigation referral, the referral is completed through the Office of Inspector General Avoidance and Recovery System (OARS). The question in OARS regarding domestic violence and receiving BOP approval for TANF cases will be checked as “Yes”. If BOP denies the investigation referral, the referral will not be sent to OSIG and the action will be narrated in the case record comments and the document scanned into the case record. All non-TANF related referrals that involve domestic violence will be submitted directly through OARS, and the question in OARS regarding domestic violence will be checked as “Yes”. The CAO then submits the referral to the OSIG in OARS using the process outlined in OPS Memo 17-12-04, Office of State Inspector General (OSIG) investigation referrals, forms, and domestic violence policy changes.
When a case is referred to the OSIG and domestic violence is unknown to the CAO, and the individual subsequently discloses during the course of the OSIG interview, the interview will immediately cease. The investigator will indicate that OSIG terminated the investigation because of observed or disclosed circumstances in Section IV of the OSIG 12 and return the form to the CAO. For client safety, the notation “Investigation terminated because of circumstances” will be used on the OSIG 12 to document the indication of domestic violence.
Overpayment Referrals
There may be cases in which an overpayment occurs in a case with known domestic violence or the CAO learns that domestic violence is an issue after an overpayment is referred to the OSIG. The CAO will complete an OSIG 12-R using OPS Memo 17-12-04.
Victims may sometimes be unable to safely leave or keep the abuser out of the household. Caseworkers may from time to time get questions from victims or from agencies that serve them about how domestic violence is handled if the abuser is in the household. The following may help:
The fact that the abuser is in the household does not change the victim’s right to claim good cause, receive Time-Out or receive Extended TANF based upon domestic violence. If the abuser is a part of the mandatory budget group, the abuser must be included, but the abuser’s noncompliance with program requirements cannot make the household ineligible if there is domestic violence.
Do not discuss domestic violence issues in the presence of the abuser or inform the abuser of any disclosure of domestic violence. 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.
Do not require the victim to get a Protection from Abuse Order (PFA).
If the abuser is a mandatory member of the budget group, the abuser must be included. The abuser must comply with the eligibility requirements of the cash assistance program and may not claim good cause based on domestic violence that he or she perpetrated. For example, an abuser in a TANF household must comply with TANF RESET requirements based on the length of time the abuser has received TANF assistance, unless the abuser is exempt or has good cause based on reasons other than domestic violence for not participating with RESET. If the abuser fails to comply with a program requirement, the abuser can be individually sanctioned, but the rest of the household cannot be sanctioned as a result of the abuser’s noncompliance.
For Extended TANF, a family may be eligible for cash assistance benefits based on domestic violence if there is an adult head of household or spouse of head of household who has exhausted 1830 TANF days and the family includes an adult or other family member who was a victim of domestic violence, is currently experiencing domestic violence or is at risk of further violence. An abuser who is a mandatory member of the budget group in Extended TANF may not claim good cause for domestic violence and will be required to comply with RESET requirements based on the abuser’s TANF assistance day count.
A non-U.S. citizen is eligible to receive TANF benefits in Pennsylvania if the individual falls within one of several groups of immigrants considered to be “permanently residing in the United States under provisions of law” and meets all other eligibility conditions. The categories of immigrants considered eligible appear in Chapter 122 of the Cash Assistance Handbook. This section adds to that chapter.
An immigrant who is receiving TANF is eligible for waiver of TANF program requirements based on domestic violence for which a citizen would be eligible, in accordance with the same uniform policies and procedures for good cause waivers based upon domestic violence.
Therefore, immigrants should be notified that support, work (RESET), teen parent live at home rules, time limits, and other TANF requirements can be waived based on domestic violence. Those who believe they require a waiver should be instructed to claim good cause and complete the PA 1747.
There are several categories of immigrants who qualify for TANF. One category is immigrants who have been battered or subjected to extreme cruelty and who are seeking relief under special provisions of the Violence Against Women Act (VAWA). If a non-citizen applicant does not fall within any other immigration category making them eligible for benefits, the CAO should inform the applicant about these special rules. Non-citizens who appear to meet these criteria should be told that they may qualify for TANF benefits and should be assisted to apply if they wish to do so.
Immigrants who meet the following five conditions are qualified to receive TANF, even if they have not yet obtained final permanent lawful status:
The immigrant is the spouse or child of a US citizen or lawful permanent resident (also called a “green card” holder).
NOTE: Children of spouses of US citizens or lawful residents and parents of children of US citizens or lawful residents are also qualified to receive benefits provided the spouse or child of the US citizen or lawful permanent resident meets the conditions that follow.
AND
The immigrant has been battered or subjected to extreme cruelty by a US citizen or lawful permanent resident spouse or parent.
NOTE: Battery and extreme cruelty includes the US citizen or lawful permanent resident spouse consenting to or going along with battery or extreme cruelty performed by another individual residing in the same household.
AND
The immigrant has filed for immigration relief under the VAWA, or has filed a qualifying family-based petition with the United States Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR). Acceptable verification of this includes but is not limited to:
Immigration Service Form I-797 indicating approval of an I-130 Petition for Non-Citizen Relative, filed for a spouse or child of a non-citizen relative, U.S. citizen/lawful permanent resident (LPR), or adult son or daughter of an LPR; or
Immigration Service Form I-797 or I-797C indicating approval or “prima facie” validity of a I-360 petition of a self-petitioning spouse/child of a U.S. citizen/LPR or widow/widower of a U.S. citizen; or
An order or document from the Immigration Court or Board of Immigration Appeals granting suspension of deportation or cancellation of removal under VAWA; or
A document from the Immigration Court or Board of Immigration Appeals indicating a prima facie case for suspension of deportation or cancellation of removal under VAWA.
NOTE: In order to obtain the above listed documentation, an immigrant must have already made a claim to the Immigration Service that he or she has been subjected to battery or extreme cruelty by a US citizen or lawful permanent resident spouse or child. Therefore, an immigrant who provides any of the above-listed documentation shall be considered to have met conditions 1 and 2 above.
AND
The immigrant demonstrates to the CAO that a substantial connection exists between the battery or extreme cruelty and the need for TANF. Examples of the kinds of circumstances that establish a connection between the battery or cruelty and the need for assistance include but are not limited to the following circumstances:
The need to become self-sufficient following separation from the abuser; or
To ensure the immigrant’s own safety as well as the safety of a child or parent; or
To compensate for the loss of financial support resulting from the separation from the abuser; or
To compensate for the loss of a job or reduced earnings because of the abuse or involvement in legal proceedings relating to the abuse.
NOTE:The requirement to establish a substantial connection between the battery or extreme cruelty and the need for benefits may be established through the client’s own credible explanation of the circumstances.
AND
The immigrant no longer resides in the same household as the abuser. Evidence includes, but is not limited to:
A Protection from A use Order (PFA).
An affidavit by witnesses that the victim and abuser no longer reside together;
A statement from the landlord that the victim but not the abuser lives at the residence.
Sponsor deeming is a process used to determine eligibility for and the amount of cash assistance. If a qualified alien has a sponsor who executed an Affidavit of Support (I-864), the income and resources of the sponsor and the sponsor’s spouse must be considered available when determining eligibility and benefit amount.
Exception: Victims of domestic violence. Immigrants who are victims of domestic violence or extreme cruelty as well as certain family members are exempt from the deeming requirement. 8 U.S.C. 1631(f)(1)
A sponsored non-citizen is exempt from deeming requirements for a period of one year if the non-citizen, his/her child or his/her parent has been a victim of domestic violence in the United States by a spouse or parent or member of the spouse or parent’s family residing in the same household as the non-citizen.
After the one-year period, a battered non-citizen spouse, non-citizen parent of a battered child or child of a battered non-citizen continues to be exempt from the deeming requirements regarding the batterer only. The deeming exemption will apply to a non-citizen for 12 additional months after the CAO determines that the battering is substantially connected to the need for benefits and the victim does not live with the batterer.
Example: Mr. Smith sponsors his non-citizen wife and she is later subjected to domestic violence by Mr. Smith’s father who lives in the household. Mrs. Smith is exempt from deeming requirements for a period of 12 months. Mr. Smith is not the batterer, therefore, his income and resources must be deemed after the first year.
Updated August 9, 2021, Replacing May 16, 2018