S-4674

AN ACT Relating to reporting of domestic violence against applicants and recipients of temporary assistance for needy families; adding new sections to chapter 74.08A RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that the personal responsibility and work opportunity reconciliation act of 1996, known as the federal welfare reform law, placed a major emphasis on the concept of personal responsibility for welfare recipients. The legislature finds that the state, as a partner in welfare reform, also has a major responsibility to help those in need who are applicants or recipients of temporary assistance for needy families. The state's responsibility includes the timely assessment and identification of applicants or recipients who are presently the victims of domestic violence, in order to refer them for appropriate help or treatment, and in order to promote their safety and well-being by avoiding inappropriate work activity assignments that may place the victims at increased risk.

The legislature intends that the caseworkers, social workers, case managers, those performing client assessments, and job service specialists who come into direct contact with applicants or recipients of temporary assistance for needy families will be trained to identify and assist domestic violence victims.

NEW SECTION. Sec. 2. (1) The department shall develop screening procedures for identifying victims of domestic violence and monitor compliance with such procedures by its employees, contractors, and subcontractors. Such procedures shall include universal notification to all applicants and recipients of temporary assistance for needy families and state family assistance of the following:

(a) Availability of supportive services;

(b) Options for exemption or deferral of program requirements that make it more difficult for applicants or recipients to escape from domestic violence or unfairly penalize them for being victims of domestic violence;

(d) Procedures for voluntary and confidential disclosure of eligibility by the client for referrals to supportive services and deferral of program requirements.

(2) Notification shall be given in writing and orally at the time of application. Domestic violence screening procedures shall also include indicators of the risk of domestic violence for use by the department's employees, contractors, and subcontractors during all interactions with applicants and recipients. The domestic violence screening procedures shall also include a procedure to review confirmed cases of domestic violence involving recipients in order to develop better ways to identify and successfully respond to the risk of domestic violence as early as possible. Notification procedures allow applicants and recipients to voluntarily and confidentially disclose their eligibility for services or deferral at any time. At no time may an applicant or recipient's decision not to disclose eligibility for services, exemptions, or deferrals preclude disclosure at a later date, nor may it preclude future access to services, exemptions, or deferrals.

NEW SECTION. Sec. 3. The department shall monitor compliance with departmental procedures contained in section 2 of this act by department employees, contractors, and subcontractors, to ensure that any information regarding any applicant or recipient of temporary assistance for needy families who claims to be a past or present victim of domestic violence or an individual at risk of future domestic violence, whether provided by the victim or by a third party, shall remain confidential. This information shall be used by the department solely for the purpose of referral to services under section 4 of this act or determining eligibility for deferrals of program requirements. Information regarding victims of domestic violence or anyone who claims to be a victim of domestic violence shall not be released to any outside party or parties or other governmental agencies unless the information is required to be disclosed by law or unless authorized in writing by the applicant or recipient. This includes, but is not limited to information on the applicant or recipient's current address, workplace, or work placement, that the individual has been identified as the victim of domestic violence, or any details concerning the domestic violence.

NEW SECTION. Sec. 4. The department shall develop and monitor compliance with procedures for the department and its employees, contractors, and subcontractors for referring victims of domestic violence to appropriate services. Whenever an applicant or recipient of temporary assistance for needy families or state family assistance self-identifies, or is otherwise identified, as a past or present victim of domestic violence or a person at risk of future domestic violence, the department shall refer that individual to an employee trained in domestic violence issues who will provide information about how to contact existing local services. Services may include but are not limited to: Shelters for battered individuals, medical services, domestic abuse hotlines, emergency aid for individuals fleeing domestic violence, legal counseling and advocacy, law enforcement, mental health care, counseling, support groups, and financial assistance for victims of crime.

NEW SECTION. Sec. 5. Nothing in sections 2 through 4 of this act may be interpreted as requiring any action by a domestic violence victim such as seeking an order of protection, attending counseling, or other actions not required of other applicants or recipients.

NEW SECTION. Sec. 6. The department of social and health services and the employment security department shall provide or contract to provide specialized training in culturally competent identification and appropriate assistance of domestic violence victims. Training shall include, at a minimum, the need for safety and confidentiality, the identification of patterns and cycles of abuse, and awareness of local and regional resources for legal assistance, counseling, and safe house organizations.

NEW SECTION. Sec. 7. Sections 2 through 6 of this act are each added to chapter 74.08A RCW.