Legal Momentum, the women’s legal defense and education fund, applauds Rep. Gwen Moore’s (D-WI) introduction of H.R. 4978, which would help victims of family access critical help and support when leaving abusive situations. The bill would strengthen TANF’s anti-violence protections and make this vital family assistance program more accessible to domestic and sexual violence victims.
Irasema Garza, President of Legal Momentum, says, “Too often, victims of domestic violence confront an awful choice: either stay with an abuser, or sleep on the street. The recession has made the situation all the more critical: as employment rates dropped during the recession, rates of domestic violence climbed. H.R. 4978 is a vital step towards ensuring that victims get the help and support they need to begin building lives free of violence.”
The bill would also require HHS every 4 years to study and to report to Congress on best state practices in assisting victims. The bill is co-sponsored by Rep. Pete Stark (D-CA) and is available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h4978ih.txt.pdf
H.R. 4978 would require all states to:
- screen TANF applicants for domestic or sexual violence;
- refer applicants identified as victims to counseling and supportive services;
- waive TANF requirements such as child support cooperation if the requirement would make it more difficult for a victim to escape violence or unfairly penalize the victim or her children.
H.R 4978 would also require all states to:
- allow victims to apply on the first day they come to a TANF office;
- give victims a written statement of what they must do to complete the application process;
- provide assistance within 30 days to eligible victims who complete the application process.
H.R. 4978 would improve TANF policy in several key ways. The current TANF statute has a provision, the Family Violence Option (FVO), that allows states to screen for violence, to refer victims to services, and to waive program requirements when necessary. However, states are not obligated to have the FVO, the FVO provision does not explicitly mention sexual violence, and in states that have the FVO there is extensive non-compliance with its protections. A recent national survey conducted by Legal Momentum and the National Resource Center on Domestic Violence — Not Enough: What TANF Offers Family Violence Victims (March 2010) — found widespread complaints that victims are not consistently and effectively screened or notified of family violence specific responses, waivers or protections.
H.R. 4978 would make the FVO obligatory and explicitly applicable to victims of sexual as well as domestic violence. The bill would also increase the likelihood of compliance with the FVO protections by adding to the TANF statute an explicit statement that victims have a right and an entitlement to be screened, referred for services, and granted waivers of program requirements in appropriate cases.
H.R. 4978 would also grant victims application process protections comparable to those that have been in effect in the Food Stamp/SNAP program for many years. The Not Enough study found that lengthy application process delays are common in TANF and that many victims are unable to access TANF because of bureaucratic barriers. H.R. 4978 would reduce application processing delay and make it easier for eligible applicants to successfully navigate the application process.