Good Cause - Family Violence Option 400-19-75-20-05

(Revised 6/1/10 ML #3218)

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The provisions of the family violence option contained in the Personal Responsibility and Work Opportunity Act of 1996 and N.D.C.C. § 50-09-31, provides that:

  1. All TANF applicants and recipients must be informed of the family violence option; and
  2. All applicants must be screened to determine if they are past or present victims of family violence or are at risk of further family violence; and
  3. Individuals with positive screening results must be referred to a local family violence, sexual assault organization (See DN 1332, Family Violence Option brochure, for a listing of available family violence resource centers) for safety planning and supportive services; and

Note: If the individual referred to a local family violence, sexual assault organization for safety planning and supportive services refuses to comply with the referral, the TANF Eligibility Worker must document that a referral was offered and declined.

  1. Determine if good cause exists to waive participation in the JOBS program.
  2. A referral to JOBS or Tribal NEW must be made if it is determined that participation will not place the individual and their family at risk of family violence.  However, the individual may be placed under a Modified Employability Plan.  (See Section 400-19-75-40-40-05, Modified Employability Plans.)
  3. Good cause must be granted if it is determined that participation is likely to place the individual and their family at risk of further family violence.  

Note: Good cause will continue only until such time as it is determined that participation will not place the individual and their family at risk of further family violence.

 

The TANF Eligibility Worker is ultimately responsible to make a good cause determination and should do so with assistance and input from the applicant/recipient and staff from the local family violence resource center or other service providers, as appropriate.

 

In the event that the TANF Eligibility Worker is unable to determine whether a victim of family violence should be referred or not referred to the JOBS program, the TANF Eligibility Worker may forward all pertinent documentation to the SEDT for assistance.  

Note: Cases involving potential family violence are not to be referred to the State Review team.

 

Refer to DN 1332, ‘The Family Violence Option’ brochure for additional information on the Family Violence Option as it relates to good cause for non-participation in the JOBS or Tribal NEW.