2-020.02C Victims of Domestic Violence

For the purposes of the domestic violence exemption, an individual is considered to be battered or subjected to extreme cruelty if s/he has been subjected to:

1. Physical acts that resulted in, or threatened to result in, physical injury to the individual;
2. Sexual abuse;
3. Sexual activity involving a dependent child;
4. Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;
5. Threats of, or attempts at, physical or sexual abuse;
6. Mental abuse;
7. Neglect or deprivation of medical care; or
8. Stalking.

In order to qualify for the exemption, the individual must have an assessment for domestic violence. There must be verification of the domestic violence from such sources as a domestic  violence/sexual assault program representative; police records; child protective service records; court records; or a statement or report from a licensed physician, certified psychologist, or licensed mental health practitioner.

The case manager must refer the individual for counseling and appropriate services.

The exemption may last for up to six months.  The exemption must be reassessed at least every six months or sooner depending on the service plan, and the exemption may be extended beyond six months, if necessary.

All EF participants must be screened for domestic violence.

{10/31/09}