Release 88:  Effective January 1, 2018

Temporary Assistance For Domestic Violence Survivors Program (TA-DVS) -
H.   Hearings; Overpayments; Intentional Program Violations


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  1. Hearings
  2. Domestic violence survivors applying through the Application for Services (DHS 415F) process, have the right to an expedited hearing for the following reasons:

    Specific Requirements; TA-DVS Rule
    461-135-1200 — Specific Requirements; TA-DVS

    TA-DVS; Right to Hearing Rule
    461-135-1235 — TA-DVS; Right to Hearing

  3. Overpayments
  4. Overpayments in domestic violence cases should be pursued in cases where there was an intentional program violation, the overpayment was not caused by coercion or intimidation by the abuser, and it is safe to pursue without putting the client at greater risk of domestic violence.

    Examples of when it may not be safe to pursue an overpayment:

    A survivor's written or verbal explanation of why pursuit of repayment would endanger the physical safety of the survivor or minor children in the survivor's care is sufficient to establish good cause for not pursuing the overpayment.

  5. Intentional Program Violations
  6. In the TA-DVS program, a person commits an Intentional Program Violation by intentionally and without coercion from the abuser:

    Intentional Program Violations; Defined Rule
    461-195-0601 — Intentional Program Violations; Defined

    Intentional Program Violations; Penalties and Liability for Overpayments Rule
    461-195-0621 — Intentional Program Violations; Penalties and Liability for Overpayments

  7. Fraud
  8. If there is a belief that someone is committing fraud in the TA-DVS program, DHS needs to ask more questions to clarify the safety situation. There is a safety factor in every TA-DVS case or Domestic Violence situation. The reason for the “fraud” may be related to the domestic violence and may be a way for a survivor to remain safe.

    Example 1: An applicant lied about the name of the abuser.

    The abuser could be the father of the children and the survivor does not want to label the children’s parent as an abuser.

    The survivor might believe if we have this information, we have to report the name. If the name is reported and the abuser is contacted, there could be severe consequences for the survivor.

    Example 2: We have information from the DA that the survivor and the abuser are texting each other. Therefore, we think they are back together

    Consider, that the survivor may be pretending to placate the abuser until they are able to be safe.

    The most dangerous time in a domestic violence situation is when the survivor leaves the relationship.

    Contact TA-DVS Policy when there are questions regarding fraud.

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