Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 656.1 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 3 - DOMESTIC VIOLENCE › Section 17-656.1-20 - Participation requirements for domestic violence victims

Current through June, 2024
(a)
				  An applicant or recipient shall be determined a domestic violence victim for up
				  to a six-month period, if the individual:
(1)
				  Has requested a determination of domestic violence victim status;
(2) Is currently not employed, or if employed
				  is employed less than twenty hours per week;
(3) Is currently not attending an institution
				  of post-secondary education, or if attending a school of post-secondary
				  education is not taking more than six credit hours of instruction per
				  week;
(4) Claims that participation
				  in a work activity of twenty or more hours per week or post-secondary
				  educational activities of more than six credit hours per week would place the
				  individual in jeopardy of further domestic violence or would jeopardize the
				  individual's recovery from domestic violence;
(5) Has or has had a relationship to the
				  alleged perpetrator of the violence as a spouse, reciprocal beneficiary, former
				  spouse, former reciprocal beneficiary, person with whom the individual has a
				  child in common, parent, child, person related by blood, person jointly
				  residing or formerly residing in the same dwelling unit, or person with whom
				  the individual has or has had a dating relationship regardless of whether they
				  lived together at any time; and
(6)
				  Has had to take one or more of the following actions as protection or as a
				  result of the domestic violence inflicted by the alleged perpetrator:
(A) Has a current court order protecting the
				  individual or other household members from the alleged perpetrator;
(B) Is a party to a pending divorce or
				  custody action which involves issues of current or past domestic
				  violence;
(C) Within the past
				  twelve months, has stayed in a domestic abuse shelter;
(D) Within the past twelve months, has stayed
				  with a friend or relative after having fled the home to escape or avoid
				  domestic violence, as supported by a sworn statement from that friend or
				  relative. If the friend or relative is not available, another person who has
				  personal knowledge of the domestic violence situation may provide a sworn
				  statement;
(E) Within the past
				  twelve months, has been a victim of an incident of domestic violence which
				  resulted in the arrest, arraignment or conviction of the alleged perpetrator of
				  the violence;
(F) Within the past
				  twelve months, has been in inpatient or outpatient treatment for psychological,
				  physical or emotional abuse resulting from domestic violence;
(G) Within the past twelve months, has been
				  hospitalized, been in community placement or received emergency room treatment
				  for medical or psychological injuries resulting from domestic violence;
				  or
(H) Within the past twelve
				  months, has been subject to threats of death or grievous bodily injury to self
				  or family and loved ones by the alleged perpetrator.