NATIONAL TASK FORCE ON VIOLENCE AGAINST WOMEN

NOW Legal Defense & Education Fund
120 Maryland Ave., NE.
Washington, DC 20002
(202) 544-4470
546-8605 (fax)

July 17, 1996

THE G.O.P. WELFARE BILLS -- H.R. 3507 AND
S. 1795 -- HURT BATTERED WOMEN


Loss of entitlement

Under the block grant format, with the elimination of the federal AFDC entitlement, battered women will have no guaranteed "safety net" to rely on if a state's welfare funds are depleted. Without the state or federal guarantees of economic assistance, women will be unable to flee violence and may suffer continuing and potentially life-threatening abuse. "Like it or not, Aid to Families with Dependent Children plays a key role in saving battered women's lives." 1

Welfare block grants will restrict eligibility for AFDC assistance and therefore Medicaid, even if the bills are not linked. This will result in the loss of crucial health care coverage for millions of poor women and older children. For battered women, who desperately need medical services, loss of access to primary care could result in increased visits to emergency rooms and serious injuries that go untreated.

Lifetime time limits

Most battered women, like most poor women, require AFDC for much less time than the specified limits. BUT, the creation of lifetime time limits on welfare eligibility, whether 2 or 5 years, ignore the numerous barriers and struggles that battered and poor women face as they attempt to provide for themselves and their children.

Time limits fail to take into account the traumatic effects that domestic violence inflicts, and neglect to consider the time that physical and emotional injuries need to heal.

Limits do not acknowledge the continuing threats that abusers often pose to battered women and their children. Such harassment, often repeated and long-term, affects the battered woman's chance of finding and keeping employment.

Overly narrow hardship and battering exception

Most battered women, like most poor women, do not want to return to welfare once they have gotten "off," but the circumstances of victims of domestic violence sometimes necessitate a longer periods of cycling "in and out" of the system for safety and survival reasons. In the current bills, the hardship exception for victims of battering or extreme cruelty applies only to the 60 month lifetime limit for AFDC recipients. It should also apply to the 24-month limit after which work is required. In addition, the participation rates required by states should be altered to allow for these exceptions.

The hardship exception is only available for 20% of the average monthly caseload, which is extremely low. Data from the Chicago-based Taylor Institute indicates that 50-60% of participants in welfare-to-work programs are past domestic violence victims and 25-60% are current domestic violence victims. A better approach is to create a 20% limit for hardship and additional exemptions for battering cases only.

Work requirements

Most battered women, like most poor women, want to work in order to avoid or leave welfare. But, battered women face multiple obstacles in finding employment, and work requirements fail to take into account these difficulties. State programs may provide little or no job assistance or skills training, and restrict or deny medical coverage or child care assistance. In these situations, work requirements further constrain women's choices.

Work requirements should be more flexible, including specifying that exemptions for hardship or domestic violence are available. Domestic violence exemptions should not be subsumed within the 15 or 20% of cases which may be exempt for hardship.

Victims of domestic violence often do not have the time to pursue the necessary counseling, safety planning, and legal activities necessary to escape violence while also trying to work. Time spent in "required work activities" should be satisfied by domestic violence victims participating in necessary supportive services.

Child exclusion policies

Family Cap

The GOP welfare bills create a child exclusion policy (or "family cap") that denies any incremental grant increase for a new child for an AFDC family. This policy wrongly assumes that poor women have children to increase their benefits, when in fact most families receiving assistance have only 1 or 2 children. States with higher benefits do not have larger families.

For battered women and survivors of sexual violence, the policy could be even more harmful because the exemption for rape and incest is very narrow. Domestic violence often includes rape and incest, and under this bill, states can define rape and incest without any guidance. How can we be sure that the definition of rape will include acquaintance rape and marital rape?

Victims of violence deserve privacy when discussing their personal life stories and tragedies. Will states require rape and incest survivors to disclose their stories to an overworked caseworker who must be more concerned with decreasing the numbers receiving assistance than protecting individual confidentiality?

Will states give recipients adequate notice of the rape and incest exemption? Without notice to their mothers, how can children born from rape and incest possibly receive benefits?

Rape is the most underreported violent crime in America. Many women, especially in domestic violence and intimate situations, do not seek immediate medical or police assistance. The statute should permit women to use a variety of materials such as legal petitions or complaints, medical or police records, and/or affidavits by the recipient and other witnesses of the violence and abuse. In the absence of other evidence, a woman's testimony must be enough. Otherwise, states may place a greater burden on AFDC recipients to prove rape or incest than is required by that state's criminal laws to convict the perpetrator.

Illegitimacy Ratio

The illegitimacy ratio, which gives states incentives if the rate of out-of-wedlock births decreases, creates a direct conflict between the economic interests and the safety of battered women. Under this provision, battered women could be forced to stay with their abuser because no funding would be available for children born out-of-wedlock. State caseworkers would have an incentive to hide the existence of these mothers and children.

If the illegitimacy ratio language is allowed in the bill, there would be no safeguards or guidelines as to how states can decrease "illegitimacy" under the proposed formula. To receive the bonuses, states will be more inclined to use coercive means to either restrict access to abortion services or encourage undocumented abortions to reduce out-of-wedlock births.

Paternity disclosure requirements

Most battered women, like most poor women, would prefer an intact family, free of violence and poverty. Women do not conceal paternity without a very good reason. The requirement for a battered woman to reveal the batterer as the father of her child, without a good cause exception for victims of domestic violence, fails to acknowledge the potentially fatal danger this disclosure may pose to a battered woman and her family.

Conducting a paternity search or filing for child support could reveal the location of battered women and their children to the batterer, thus jeopardizing the lives of the mother and children.

The consequences of establishing paternity are often unknown to domestic violence victims, and could be highly dangerous. Establishing paternity means that fathers can seek visitation or even custody, putting mothers and children into physical danger. In-hospital paternity acknowledgments do not provide necessary safeguards for battered women because domestic violence victims often do not have full information in a highly charged hospital setting.

Teen Provisions

Unmarried minor parents would be required to live with an adult or in an adult-supervised setting and participate in educational and training activities. Unless a teen complies with these regulations, she and her children can be cut off of welfare entirely. Although many teens would like to live in a family setting, they often leave their families in order to escape physical, sexual, and emotional abuse by family members. This provision would result in more teens being subjected to abuse and violence in order to receive assistance for their children.

Battered immigrant women are placed in further danger

Legal immigrants who are not citizens are denied access to SSI, food stamps, AFDC, SSI block grants, and Medicaid. Without eligibility for these life-saving programs, battered immigrant women may be forced to rely on their abuser for financial support and cannot flee the violence they face.

Unlike the immigration bill, under the welfare bill, battered immigrant women do not have an exemption from the "deeming requirement." "Deeming" counts the income of the sponsor as available to the immigrant, which may force battered immigrant women to rely on their sponsor even when he is abusive. The presumption that a victim of domestic violence has access to the income of her sponsor is wrong and potentially fatal to the battered immigrant woman.

Additional Provisions

Right to travel

The bills restrict the right of a woman to travel because states can set eligibility rules that deny or restrict assistance for women who have lived in a state for less than 12 months. Domestic violence victims often need to cross state lines to escape their abuser and this bill increases the economic hardship and physical danger faced by women who are fleeing violence.

Limited definition of battering

The current definition of battering in the GOP welfare bills' provisions would exclude women who need protection. The definition of battering should include: (i) physical acts resulting in or threatening to result in physical injury, (ii) sexual abuse, including: sexual activity involving a dependent child, forcing the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities, or threats of or attempts at physical or sexual abuse, (iii) mental abuse, including psychological coercion, threats, intimidation, acts designed to induce terror, or restraints to liberty, (iv) neglect or deprivation of medical care, housing, food, or other necessities of life, and (v) any other acts which are used to abuse, control, or coerce women.

There is no definition of the level or types of proof necessary for victims of domestic violence. The statute should permit women to use a variety of materials such as legal petitions or complaints, medical or police records, and/or affidavits by the recipient and other witnesses of the violence and abuse.

Reduction of domestic violence not recognized as national goal

The welfare bills' goals do not recognize the nation's pressing need to reduce the epidemic of violence against women. The bills should specifically include the reduction of domestic violence as a goal for the legislation.

Research and data collection do not include the relationship of domestic violence and welfare receipt

Further research needs include: individual state number studies, impact of domestic violence services on welfare, waiver evaluations, qualitative studies on welfare-to-work programs, and "best practices" information.

Data collection efforts do not include information about the family history of past and current domestic violence.

Inadequate legal procedures available for domestic violence victims

Due process measures for all recipients who are denied assistance, including victims of domestic violence, are left to the states. The federal government should specify the need for a face-to-face hearing.

With the dramatic cuts in funding for Legal Services, battered women are often unable to afford legal advocacy and cannot obtain the protective court measures that they so desperately need.

For more details or suggested language, contact Pamela Coukos, Jennifer Goldberg, Lisa Lewis, or Pat Reuss at NOW LDEF, (202) 544-4470. 1 Wendy Pollack, Twice Victimized: Domestic Violence and Welfare "Reform" 30 Clearinghouse Review 329, 330 (July 1996).


1 Wendy Pollack, Twice Victimized: Domestic Violence and Welfare "Reform" 30 Clearinghouse Review 329, 330 (July 1996).


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