The Family Violence Option (FVO) was enacted in 1996 as part of federal welfare legislation titled the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). PRWORA replaced the prior Aid to Families with Dependent Children program with the Temporary Assistance to Needy Families (TANF) program. The FVO is an optional program that states may adopt that aims to meet the needs of domestic violence victims accessing the welfare system. The FVO allows states to waive TANF work requirements temporarily for renewable 6month periods if those requirements interfere with a violence survivor’s safety.
The effort to include protections for domestic violence victims in welfare policy grew out of an increasing recognition of the relationship between domestic violence and public assistance. Research has shown that 20% to 30% of women enrolled in welfare are currently in violent relationships. Domestic violence victims often are economically dependent on their abusers, and abusers frequently undermine victims’ efforts to gain or maintain employment. TANF requirements can put victims at further risk by requiring their cooperation in paternity establishment and child support enforcement or by compromising victims’ safety when their benefits are reduced or eliminated because of failure to meet requirements. The FVO permits victims of domestic violence to receive temporary waivers or exemptions from these TANF requirements while they receive assistance in dealing with the abusive relationships and obtaining employment.
The FVO outlines that adopting states should screen for domestic violence, provide supportive services and/or referrals, and waive certain programmatic requirements if the requirements might make it more difficult for the victim to escape violence or further endanger or unfairly penalize the victim. Some examples of requirements that can be waived by a state FVO program are the 60-month time limits for welfare recipients, mandatory child support cooperation, and residency conditions. How exactly states implement these policies varies widely from state to state. Federal legislation outlines the standard that must be met in order for an applicant to receive a FVO waiver. The standard looks at whether or not compliance with TANF requirements would make it more difficult for individuals receiving benefits to escape domestic violence or unfairly penalize them. Some states have adopted their own standard for granting FVO waivers. The federal definition of victim of domestic violence is one who has been battered or subject to extreme cruelty. It is not restricted to violence perpetrated by a family, household member, or intimate partner. Not all states use the federal definition of domestic violence.
Bibliography:
- Legal Momentum. (2004). Family violence option: State by state summary. Washington, DC: Author.
- Lein, L., Jacquet, S., Lewis, C., Cole, P., & Williams, B. (2001). With the best of intentions: Family violence option and abused women’s needs. Violence Against Women, 7, 193–210.
- Stern, N. (2003). Battered by the system: How advocates against domestic violence have improved victims’ access to child support and TANF. Hastings Women’s Law Journal, 14, 47–68
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