[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR286.140]

[Page 192-193]
 
                        TITLE 45--PUBLIC WELFARE
 
     CHAPTER II--OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), 
ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN 
                                SERVICES
 
PART 286--TRIBAL TANF PROVISIONS--Table of Contents
 
           Subpart C--Tribal TANF Plan Content and Processing
 
Sec. 286.140  What special provisions apply to victims of domestic violence?

    (a) Tribes electing the Family Violence Option (FVO) must certify 
that they have established and are enforcing standards and procedures 
to:
    (1) Screen and identify individuals receiving TANF assistance with a 
history of domestic violence, while maintaining the confidentiality of 
such individuals;
    (2) Refer such individuals to counseling and supportive services; 
and
    (3) Provide waivers, pursuant to a determination of good cause, of 
TANF program requirements to such individuals for so long as necessary 
in cases where compliance would make it more difficult for such 
individuals to escape domestic violence or unfairly penalize those who 
are or have been victimized by such violence or who are at risk of 
further domestic violence.
    (b) Tribes have broad flexibility to grant waivers of TANF program 
requirements, but such waivers must:
    (1) Identify the specific program requirement being waived;
    (2) Be granted based on need as determined by an individualized 
assessment by a person trained in domestic violence and redeterminations 
no less than every six months;

[[Page 193]]

    (3) Be accompanied by an appropriate services plan that:
    (i) Is developed in coordination with a person trained in domestic 
violence;
    (ii) Reflects the individualized assessment and any revisions 
indicated by any redetermination; and
    (iii) To the extent consistent with paragraph (a)(3) of this 
section, is designed to lead to work.
    (c) If a Tribe wants us to take waivers that it grants under this 
section into account in deciding if it has reasonable cause for failing 
to meet its work participation rates or comply with the established time 
limit on TANF assistance, has achieved compliance or made significant 
progress towards achieving compliance with such requirements during a 
corrective compliance period, the waivers must comply with paragraph (b) 
of this section.
    (d) We will determine that a Tribe has reasonable cause for failing 
to meet its work participation rates or to comply with established time 
limits on assistance if--
    (1) Such failures were attributable to good cause domestic violence 
waivers granted to victims of domestic violence;
    (2) In the case of work participation rates, the Tribe provides 
evidence that it achieved the applicable rates except with respect to 
any individuals who received a domestic violence waiver of work 
participation requirements. In other words, the Tribe must demonstrate 
that it met the applicable rates when such waiver cases are removed from 
the calculation of work participation rate;
    (3) In the case of established time limits on assistance, the Tribe 
provides evidence that it granted good cause domestic violence waivers 
to extend time limits based on the need for continued assistance due to 
current or past domestic violence or the risk of further domestic 
violence, and individuals and their families receiving assistance beyond 
the established time limit under such waivers do not exceed 20 percent 
of the total number of families receiving assistance.
    (e) We may take good cause domestic violence waivers of work 
participation or waivers which extend the established time limits for 
assistance into consideration in deciding whether a Tribe has achieved 
compliance or made significant progress toward achieving compliance 
during a corrective compliance period.
    (f) Tribes electing the FVO must submit the information specified at 
Sec. 286.275(b)(7).