Section 703.110 - TAFDC Good Cause Waivers Due to Domestic Violence(A)Definition of Domestic Violence. The following acts by a current or former intimate partner, spouse, relative, or household member shall be considered domestic violence:(1) physical acts that resulted in, or threatened to result in, physical injury;(3) sexual activity involving a dependent child;(4) being forced to engage in nonconsensual sexual acts or activities;(5) threats of, or attempts at, physical or sexual abuse;(6) mental or emotional abuse which would significantly reduce the victim's capacity to care for himself or herself or his or her child or significantly reduce his or her capacity to perform essential activities of daily living;(7) neglect or deprivation of medical care; or(B)Requirements.(1) The Department shall inform all applicants or clients that referrals to community-based programs are available to past and present victims of domestic violence, and that they may be eligible for waivers of certain program requirements due to domestic violence. Such notification shall take place at application, at eligibility review and any time the Department receives information indicating that the applicant or client may have a history of domestic violence.(2) The Department shall give applicants and clients written information about domestic violence, including how to contact community-based domestic violence programs, and rights regarding confidentiality. The Department shall also inform applicants and clients that community-based domestic violence programs may be able to help them to request waivers and document the need for waivers.(4) An applicant or client may request a good cause waiver of certain TAFDC program requirements due to domestic violence, at any time, including:(a) the work program requirement;(b) the 24-month time limit; and(c) teen parent school attendance requirements. Good cause waivers due to domestic violence may be granted on a case by case basis and may be temporary or permanent, as determined by the Department. Temporary waivers shall be granted for not more than six months. At the time of the expiration of the waiver, the continued need for the waiver shall be reviewed.
The applicant or client has the burden of producing evidence to establish good cause due to domestic violence; however, the worker may assist. The applicant or client may need to produce evidence of the ongoing need for a good cause waiver, and may show that he or she is currently participating in a domestic violence program, or has otherwise begun to address the domestic violence issue leading to the waiver.
(5) The Department shall decide whether a good cause waiver for domestic violence shall be granted, the type of the waiver, if any, and the length of the waiver. If a good cause waiver due to domestic violence is granted, the Department may ask the applicant or client speak with a trained domestic violence professional.(6) The Department may also reassess any Employment Development Plan (EDP) of an applicant or client who the Department determines cannot meet the EDP due to domestic violence.(7) A victim of domestic violence may also have good cause for failure to cooperate with child support requirements. (See106 CMR 703.520 through 703.526) .(C)Basis for Good Cause Due to Domestic Violence. Basis for a good cause waiver due to domestic violence is present in any of the following circumstances: (1) Imposition of the specific requirement may place the applicant or client or his or her child at risk of domestic violence which may result in serious harm or emotional impairment to the applicant or client or his or her child. A serious emotional impairment is one of such severity that would significantly reduce the applicant's or client's capacity to care for himself or herself or significantly reduce his or her capacity to perform essential activities of daily living.(2) Compliance with the specific requirement may:(a) make it more difficult for the applicant or client or his or her child to escape domestic violence; or(b) unfairly penalize the applicant or client or his or her child as a current or former victim of domestic violence, or as a person who is at risk of further domestic violence.(D)Verification of Good Cause Due to Domestic Violence. (1) Evidence of the existence of domestic violence alone is not sufficient to show the need for a good cause waiver due to domestic violence. The evidence must also meet the criteria specified in 106 CMR 703.110(C). The Department shall consider any credible evidence that is relevant to the claim of good cause. The Department shall determine what evidence is credible and the weight given to that evidence.
(2) An applicant or client must verify a good cause claim due to domestic violence by providing: (a) a signed statement which includes: 1. the basis for the good cause claim as found at 106 CMR 703.110(C);2. the reason he or she believes imposition of the specific requirement may place him or her or his or her child at risk of domestic violence, which may result in serious harm or emotional impairment or penalize him or her, or make it more difficult for him or her or his or her child to escape domestic violence; and3. a description of the relevant incidents including the approximate dates of the incidents; and(b) court, medical, criminal, child protective service, psychological, law enforcement or school records;(c) documents showing he or she has an order of protection under M.G.L. c. 209A or has taken other legal steps to end the domestic violence, evidence that he or she has sought safe haven in a domestic violence shelter or similar refuge, documentation of injuries such as medical records or photographs; or(d) if the documentation described in 106 CMR 703.110(D)(2)(b) or (c) is unavailable or inconclusive, a sworn statement from the applicant or client and at least one other individual with knowledge of the circumstances which provides with specificity a history of domestic violence, rape or incest and other facts which support his or her good cause claim.Adopted by Mass Register Issue 1360, eff. 3/9/2018.Amended by Mass Register Issue 1396, eff. 5/15/2019.