VERIFYING FAMILY VIOLENCE
ISSUE DATE: 12/2018
For provisions relating to U.S. Citizenship and Immigration Services (USCIS) determination for self-petitioned Lawful Permanent Resident (LPR) status by battered non-citizens, see 0011.03.21 (Non-Citizens - Victims of Battery/Cruelty).
MFIP, DWP:
The provisions apply to verifying domestic abuse relating to the Family Violence Waiver Option. See 0005.12.12.09 (Family Violence Provisions/Referrals).
A client who claims that he/she is a victim of family violence and wants to claim a Family Violence Waiver must provide documentation of the abuse.
Consider any of the following as acceptable verification of family violence:
● | Police, government agency, or court records. |
● | Statement from a battered women’s shelter staff person or a sexual assault or domestic violence advocate with knowledge of the circumstances. |
● | Statement from a professional from whom the client has sought assistance about the abuse. |
● | Sworn statement from the participant AND sworn statement from any other person with knowledge of the circumstances. |
● | Sworn statement from the participant AND any credible evidence that supports the client’s statement. |
For the definition of a SWORN STATEMENT, see 0002.65 (Glossary: Suitable…).
You must help the client if he/she has difficulty in securing any of these items. You may also refer the client to a family violence advocate or legal services for help.
A client who claims good cause for IV-D and whose claim is approved may use the same documentation to verify family violence. Do NOT require the client to duplicate information already provided to the IV-D worker. See 0028.18 (Good Cause for Non-Compliance--MFIP/DWP).
SNAP, MSA, GA, GRH:
No provisions.
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