Sec. 31.0322. VICTIMS OF FAMILY VIOLENCE.
(a)The executive commissioner, the Texas Workforce Commission, and the Title IV-D agency by rule shall adopt procedures under which requirements relating to financial assistance and related services, including time limits, child support enforcement, paternity establishment, work activity, and residency, may be waived or modified for an individual who is a victim of family violence if application of the requirements would:
(1)adversely affect the individual's ability to attain financial independence;
(2)make it more difficult for the individual to escape family violence; or
(3)place the individual at greater risk for additional family violence.
(b)The procedures must provide that:
(1)a requirement may be waived or modified only after a case-by
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Sec. 31.0322. VICTIMS OF FAMILY VIOLENCE. (a) The executive commissioner, the Texas Workforce Commission, and the Title IV-D agency by rule shall adopt procedures under which requirements relating to financial assistance and related services, including time limits, child support enforcement, paternity establishment, work activity, and residency, may be waived or modified for an individual who is a victim of family violence if application of the requirements would:
(1) adversely affect the individual's ability to attain financial independence;
(2) make it more difficult for the individual to escape family violence; or
(3) place the individual at greater risk for additional family violence.
(b) The procedures must provide that:
(1) a requirement may be waived or modified only after a case-by-case determination and documentation of good cause and only to the extent necessary considering an individual's circumstances;
(2) a requirement may not be waived or modified for an individual for a period longer than one year;
(3) the appropriate agency shall refer an individual to a family violence program if necessary for assistance in developing a safety plan to protect the individual from further family violence; and
(4) confidentiality of information about the identification and location of victims of family violence and their children is maintained when necessary to prevent additional family violence.
(c) The commission, the Texas Workforce Commission, and the Title IV-D agency may not deny an individual access to education, training, employment, or other services because the individual is a victim of family violence.
(d) The commission shall coordinate the development and implementation of procedures under this section in collaboration with the Texas Workforce Commission, the Title IV-D agency, and at least one statewide advocacy group for victims of family violence.
(e) The commission, the Texas Workforce Commission, the Title IV-D agency, and each local workforce development board, using existing resources, shall provide not less than four hours of training regarding family violence to each employee or other person who on behalf of the commission, Texas Workforce Commission, agency, or board:
(1) provides information relating to requirements described by Subsection (a) and the availability of waivers or modifications of those requirements to an individual seeking or receiving financial assistance;
(2) recommends or grants waivers or modifications authorized by this section of requirements described by Subsection (a);
(3) recommends or imposes sanctions for noncooperation or noncompliance with requirements described by Subsection (a); or
(4) assesses employment readiness or provides employment planning or employment retention services to an individual receiving financial assistance.
(f) The training required by Subsection (e) must:
(1) be developed in collaboration with at least one organization with expertise in family violence issues; and
(2) include information relating to:
(A) the potential impact of family violence on:
(i) the safety of an individual seeking or receiving financial assistance; and
(ii) the ability of that individual to make a successful transition into the workforce;
(B) state laws and agency rules regarding options available to an individual receiving financial assistance for whom family violence poses a danger or impediment to attaining financial independence; and
(C) statewide and local resources available from state and local governmental agencies and other entities that could assist a victim of family violence in safely and successfully entering the workforce.
(g) Before the application of a sanction or penalty based on an individual's failure to cooperate with the commission or Title IV-D agency, as required by Section 31.0031 (d)(1), or failure to comply with the work or participation requirements imposed by Section 31.012 , the agency recommending or applying the sanction or penalty must make reasonable attempts to contact the individual to determine the cause of the failure to cooperate or comply. If the agency determines that family violence contributed to the failure, the agency shall ensure that a person trained in family violence issues in accordance with Subsection (e) interviews the individual to identify the types of services necessary to assist the individual in safely and successfully entering the workforce.
(h) In this section:
(1) "Family violence" has the meaning assigned by Section 71.004 , Family Code.
(2) "Title IV-D agency" has the meaning assigned by Section 101.033 , Family Code.
Added by Acts 1997, 75th Leg., ch. 1442, Sec. 1, eff. Sept. 1, 1997. Renumbered from Sec. 31.0321 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(71), eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 197, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 4.066, eff. April 2, 2015.