It is mandatory that the caretaker enter into a Contract of Mutual Responsibility. The Contract applies to those families in the Time Limited Program and Children's Program, as well as to teen parents. Other family members within the assistance unit may be subject to compliance with provisions of the Contract, even if the caretaker is a non-needy caretaker relative payee.

If the caretaker is a non-needy caretaker relative, the individual would not be required to participate in employment-related activities, but may be required to participate in other Contract activities.

The caretaker may object to certain aspects of the Contract. The caretaker needs to present any objections up front, at the time of the initial Contract or upon Contract revision. DSS retains the ultimate decision making authority as to what elements are put into the Contract of Mutual Responsibility.

DSS expects clients to cooperate in the development of the Contract of Mutual Responsibility. Certain aspects of the Contract, such as, but not limited, to participation in employment-related activities, meeting school attendance requirements and immunization, cannot be amended. However, even though certain aspects cannot be amended, this does not imply that caretakers cannot discuss and/or negotiate Contract requirements. Further, this is not to imply that such discussion and/or negotiation is non-cooperation. To the extent possible, each caretaker should be able to mutually develop her/his Contract. DSS is to give caretakers the opportunity to understand the Contract and its requirements, as well as to discuss the Contract with persons outside the DSS office. Reasons for requesting such an outside review of the Contract include, but are not limited to, language barriers, developmental disabilities, or to seek legal or other counsel. Caretakers therefore, should be granted their requests to remove proposed Contracts from the DSS office in order to review it with another person. This should not be considered non-cooperation.

Negotiating elements of the CMR can mean that aspects of the CMR are waived. On a case by case basis, elements of the CMR can be waived if good cause exists. If the particular circumstances of a family warrant waiving elements of the CMR it is to be justified and properly documented in the case record.

See Administrative Notice A-10-99 DFS/DSS Procedures.

For example: a parent's only child is terminally ill. It is reasonable to determine that a parent would want to spend as much time with the child as possible. Therefore, waiving school attendance requirements and parenting education requirements are reasonable. Document the child's illness and the reason for the waiving of the CMR requirements in the case record.

The fiscal sanction for not cooperating, without good cause, in the development of the Contract will be an initial $50.00 reduction in TANF benefits. This reduction will increase each month by $50.00, either until there is compliance or the case is closed.

If caretakers are actively negotiating the terms of their Contracts, DSS will not impose the $50.00 penalty. DSS will provide caretakers up to 10 days to reach a resolution. After this time, DSS will consider caretakers as not cooperating if they refuse to participate in the further development of their Contracts.

DSS will also give those caretakers, who choose to do so, the opportunity to discuss their Contracts with persons outside of the DSS office. DSS will allow caretakers up to 10 days to take Contracts outside of the office, during which DSS will not impose the $50.00 penalty. DSS will consider caretakers who have not returned Contracts after that time as not cooperating and subject to the $50.00 penalty.

The Family Development Profile is an assessment tool used to identify possible social, family and emotional barriers to self-sufficiency as they affect an individual’s ability to obtain and retain employment. The Family Development Profile covers issues of self-esteem, health and family relationships. This tool is designed to surface those issues which, when resolved, will increase the participant’s ability to become truly self-sufficient. This assessment tool is a mandatory assessment tool for all adult and teen TANF recipients.

10 DE Reg. 706 (10/01/06)

One of the issues which may pose a challenge to individuals and families becoming self-sufficient is domestic violence. Domestic violence is a pattern of abusive behavior that happens between two people in an adult relationship. Stress, family history of abuse, drug use and alcohol use may be contributing factors in a domestic violence situation.

Delaware is committed to assisting victims of domestic violence to overcome circumstances which place them in physical, emotional and/or financial jeopardy. This assistance includes aiding the victims in seeking redress and a safe environment for their families. Additionally, on a case-by-case basis, Contract of Mutual Responsibility requirements may be waived if it is determined that by complying with the requirements it would be more difficult for the individual and the family to escape and/or remain safe from the violence. This determination will be made in conjunction with input and information from the domestic violence victim.

Domestic violence occurs when one spouse, domestic partner or significant other tries to maintain power and control over the other person. The perpetrator of the violence may use physical, verbal or sexual violence to maintain power and control over the victim. Although domestic violence can happen to anyone, most victims are women. Therefore, we will use feminine pronouns.

The following acts perpetrated by a current or former intimate partner, relative or household member shall be considered to be domestic violence:

physical acts that resulted in, or threatened to result in, physical injury;

being forced to engage in nonconsensual sexual acts or activities;

threats of, or attempts at, physical or sexual abuse;

mental or emotional abuse;

neglect or deprivation of medical care; or

stalking.

Examples of domestic violence situations are:

Please note that this is not an all encompassing list, but some examples to give you an idea of how domestic violence may look.

A husband who cuts up his wife’s clothing so she has nothing to wear to work; or

A partner who constantly tells his partner that she is worthless or calls her names in private or public; or

A partner who has to know her partner’s every movement and gets furious for not knowing those movements; or

A partner who doesn’t allow his partner to go out without him; or

A partner who constantly calls or shows up at his partners job to interfere with her work.

DSS shall consider any evidence that is relevant to the domestic violence claim. This is to include a victim’s significantly reduced capacity to care for herself or her child, or significantly reduced capacity to perform essential activities of daily living.

DSS shall determine what evidence is credible and the weight to be given to that evidence. Evidence can be, but is not limited to:

court, criminal, law enforcement or Division of Family Services records;

medical or, psychological records;

protection from abuse order;

indication that the person has taken legal action to end the domestic violence;

evidence that she has taken refuge in a shelter or similar safe haven;

photographs of injuries; or

a statement from a domestic violence service agency documenting the claim.

DSS may waive certain CMR requirements when complying with those requirements would make it more difficult for the individual and family to escape and/or remain safe from the violence. For clients who are not active with a domestic violence agency, DSS will refer the client to a domestic violence agency. DSS will allow the client 10 days to contact the agency.

During this time, DSS will suspend CMR requirements. If the client does not go to the domestic violence agency or the domestic violence agency determines that the client is not a victim of domestic violence, then the client will be subject to the usual CMR requirements. If the client goes to the domestic violence agency and the domestic violence agency determines that the client is a victim of domestic violence, then the CMR requirements will be developed by DSS, the client and the domestic violence agency.

Any CMR requirement could be waived based on information from the domestic violence agency.

Exemptions from the CMR requirements can be made up to a maximum of six months at a time. The number of months of exemption will be based on input from the victim and the domestic violence agency. Exemptions will be re-evaluated during the final month they are in effect. Continuance or non-continuance of the exemptions will again be based on input from the domestic violence agency and the client.

When employment and training client responsibilities are waived, then the family will be placed in the Children’s Program and be exempt from the time limit requirements. This exemption from the time limits will be in place for as long as the employment and training client responsibilities are waived. (See DSSM 3001 )