Haw. Code R. § 17-656.1-20 - Participation requirements for domestic violence victims

(a) An applicant or recipient shall be determined a domestic violence victim for up to a six-month period, if the individual:

(1) Has requested a determination of domestic violence victim status;

(2) Is currently not employed, or if employed is employed less than twenty hours per week;

(3) Is currently not attending an institution of post-secondary education, or if attending a school of post-secondary education is not taking more than six credit hours of instruction per week;

(4) Claims that participation in a work activity of twenty or more hours per week or post-secondary educational activities of more than six credit hours per week would place the individual in jeopardy of further domestic violence or would jeopardize the individual's recovery from domestic violence;

(5) Has or has had a relationship to the alleged perpetrator of the violence as a spouse, reciprocal beneficiary, former spouse, former reciprocal beneficiary, person with whom the individual has a child in common, parent, child, person related by blood, person jointly residing or formerly residing in the same dwelling unit, or person with whom the individual has or has had a dating relationship regardless of whether they lived together at any time; and

(6) Has had to take one or more of the following actions as protection or as a result of the domestic violence inflicted by the alleged perpetrator:

(A) Has a current court order protecting the individual or other household members from the alleged perpetrator;

(B) Is a party to a pending divorce or custody action which involves issues of current or past domestic violence;

(C) Within the past twelve months, has stayed in a domestic abuse shelter;

(D) Within the past twelve months, has stayed with a friend or relative after having fled the home to escape or avoid domestic violence, as supported by a sworn statement from that friend or relative. If the friend or relative is not available, another person who has personal knowledge of the domestic violence situation may provide a sworn statement;

(E) Within the past twelve months, has been a victim of an incident of domestic violence which resulted in the arrest, arraignment or conviction of the alleged perpetrator of the violence;

(F) Within the past twelve months, has been in inpatient or outpatient treatment for psychological, physical or emotional abuse resulting from domestic violence;

(G) Within the past twelve months, has been hospitalized, been in community placement or received emergency room treatment for medical or psychological injuries resulting from domestic violence; or

(H) Within the past twelve months, has been subject to threats of death or grievous bodily injury to self or family and loved ones by the alleged perpetrator.

(b) The domestic violence victim shall comply with the work requirements in chapter 17-794.1.

(c) Any other adult in a household with a domestic violence victim shall not be required to comply with the work requirements in chapter 17-794.1.

(d) For the purpose of the domestic violence participation requirements, the six-month period referred to in subsection (a) shall be six consecutive calendar months beginning with the first month the determination of domestic violence victim status is granted and applied toward household eligibility. Once the domestic violence victim status determination is made, the six consecutive calendar months shall continue to run whether or not the assistance unit is eligible for financial assistance.

(e) The domestic violence victim status may be revoked at any time during the six-month period defined in subsection (d) if the domestic violence victim:

(1) Fails to accept or participate without good cause in activities developed in a service plan by a domestic violence agency or domestic violence advocate;

(2) Becomes employed twenty hours or more per week;

(3) Enrolls in post-secondary education courses of more than six credit hours per week; or

(4) Is determined by the domestic violence agency to no longer need domestic violence advocacy services.

(f) When a domestic violence victim refuses or fails to participate in assessment or treatment services, without good cause, the entire household shall be sanctioned as follows:

(1) For the first such failure to comply, until the failure to comply ceases;

(2) For the second such failure to comply, until the failure to comply ceases, or two months, whichever is longer; and

(3) For any subsequent failure to comply, until the failure to comply ceases, or three months, whichever is longer.

(g) In order to determine the appropriate sanction period in subsection (f), the individual's entire sanction history under the TANF program shall be taken into consideration.

(h) Prior to imposing a sanction under subsection (f), the department shall determine whether the individual had good cause as specified in chapter 17-794.1.

(i) For the purpose of determining that an individual's failure to comply has ceased, the individual shall:

(1) Participate in the treatment service or employment activity that was previously not complied with for a two week period; or

(2) Accept full-time employment and actually work for a minimum of two weeks.

Notes

Haw. Code R. § 17-656.1-20

[Eff 12/12/98; am 10/18/01; am and comp 1/20/05; am 1/17/08; am and comp 6/26/09] (Auth: HRS § 346-14) (Imp: 42 U.S.C. §§601, 602; 45 C.F.R. §§260.50 through 260.55; HRS § 346-14)