Welfare Law and Domestic Violence

Publication Date: January 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Social conditions

Type:

Abstract:

The Family Violence Option (FVO) of the 1996 welfare law (P.L. 104-193) permits state programs of Temporary Assistance for Needy Families (TANF) to waive federal rules regarding required work, time limited benefits, and child support cooperation for victims of domestic violence. The purpose of the FVO is to enable states to help victims of domestic violence without subjecting them to TANF rules that might "unfairly penalize" them or put them at further risk of abuse.

Out of 54 jurisdictions with TANF programs, 44 have adopted the FVO. In the second annual state TANF reports, New York said it gave 8,370 waivers during calendar year 2000, and California reported that it gave 3,505 waivers in FY2001. Several states said their child support waivers outnumbered work waivers. However, some states provided no waiver data. Some of the 10 states that have not adopted the FVO said they provide services to victims of domestic violence This report details the history, implementation and implications of the FVO. It will be updated for legislative developments or new data.