Education for Justice

FACT SHEET G-5

Fall 2011

MFIP AND FSS for

Family Violence Victims

 

 

If you are a victim of family violence, you may be able to get a family violence waiver added to your Employment Plan (EP).  Family violence is when someone (your spouse, your boyfriend or girlfriend, your ex, your child, your parent, or someone in your household) is hurting you or your children, threatening to hurt you or your children, or makes you afraid for you or your children in another way.  You may qualify for a family violence waiver if you are not currently experiencing violence but are still dealing with its effects.  Examples:  you or you children are attending counseling due to the violence or you are spending time going to court because of the violence. 

 

 

HOW COULD A FAMILY VIOLENCE WAIVER HELP ME?

  • The months you have a family violence waiver do not count towards your 60-month limit, so it extends the number of months you can get MFIP or Family Stabilization Services (FSS).

 

  • Family violence waivers can be used to get extensions.  In other words, if you have already used your 60 months and are having problems with family violence, you may be able to get back on MFIP or FSS.

 

  • You can count the hours you spend in safety activities on your EP.  These activities could be things like going to counseling to help you deal with the violence or adding security locks to your home.

 

  • Activities that put you or your family at risk cannot be on your EP.

 

  • If doing 20-35 hours of activities is not safe, you can get a smaller number of activity hours on your EP.

 

  • If you are not in FSS already, you will be moved from MFIP to FSS after your first family violence waiver is approved.  FSS is just like MFIP but it is harder for job counselors to sanction FSS clients, and FSS is more flexible.

 

  • If you are in the Diversionary Work Program (DWP), having a family violence waiver will move you out of DWP and into FSS.  This will happen even if you have not used your 4 months of DWP.  This means more money and more support for your family.

 

 

WHAT IS AN EMPLOYMENT PLAN (EP)?

If you get MFIP or FSS, you have to have an employment plan (EP).  You write it with your job counselor.  Your EP will have 20-35 hours of work activity per week, depending on the age of your youngest child.  Work activities are things like looking for work, working, or training. 

 

If you have a family violence waiver added to your EP, you can count the time you spend on safety activities and may not have to do 20-35 hours of activities each week if it is not safe for you.

 

 

If you do not do the things in your EP, your MFIP or FSS grant can be sanctioned or cut back.  After 6 months of sanction, you can lose MFIP or FSS completely.

 

 

HOW CAN I GET A FAMILY VIOLENCE WAIVER ADDED TO MY EP?

  • Tell your job counselor you need a family violence waiver.

 

  • Find a family violence advocate (see below).

 

  • Your job counselor should set up a meeting for the 3 of you to write the EP/family violence waiver together.

 

  • Show that you are a family violence victim.  Your advocate and job counselor can help with this.

 

 

HOW DO I FIND AN ADVOCATE?

If you have an advocate or legal aid lawyer, that person can be your advocate to write the family violence waiver.  If you don’t have an advocate, your job counselor must refer you to one if you ask.  You cannot be put into sanction while you are trying to get an advocate, so tell your job counselor as soon as possible if you need one.  To find an advocate on your own, call (866) 223-1111.

 

 

WHAT MIGHT GO IN AN EP/FAMILY VIOLENCE WAIVER?

Your job counselor will have the form to add to your EP so you can get the waiver.  The form lists the most common activities like carrying a cell phone at all times and checking in with a family violence advocate.  You do not have to do every activity listed on the form, and you can add your own things.  Every plan will be different.  Your job counselor should not try to make you do anything that you and your advocate do not think is safe.  If your job counselor is trying to make you do something that you and your advocate do not think is safe, appeal right away and call legal aid. 

 

Here are some things to remember:

 

  • If working is not safe for you at this time, you should not have to work.  This could be for reasons like you have been followed to work, or someone has caused you to lose jobs in the past.

 

  • You should be able to work fewer hours than a regular EP requires if you have safety concerns.  Like if you need to drop off and pick up your kids at school, or if you have too many emotional or legal issues to be able to work the normal number of hours.

 

  • You and your family cannot be made to go to counseling, attend group therapy or see a psychiatrist as part of your family violence waiver.  But, if you want to do these things and have them count towards your activity hours you can.

 

  • Your job counselor cannot make you get an OFP or harassment order, testify in court, call the police or cooperate with law enforcement.  Only you can decide if these things are safe or not.  Again, if you want to do any of these, they can count towards your hours.

 

 

 

 

WHAT IF I DON’T FOLLOW MY EP/FAMILY VIOLENCE WAIVER?

If there are things on your EP that no longer work for you, or if your situation has changed, call your job counselor and advocate right away.  The 3 of you can meet to change your plan.  If you don’t follow your EP (including safety activities) and do not have a good reason, you will be sanctioned and your months will start counting toward your 60-month limit.  It is very important to make changes right away so this does not happen.  Family violence waivers usually expire after 3 months.  You need an advocate each time you change or renew your plan.

 

 

WHAT IF I DISAGREE WITH SOMETHING THE COUNTY DOES?

If the county doesn’t OK your family violence waiver or has an activity in it that is not safe, appeal right away and call legal aid for help.  You can’t be put in sanction during the appeal.  See our fact sheet G-25 Welfare Appeals. 

 

Minneapolis Legal Aid – CLE

MN Legal Services Coalition

2324 University Avenue W. – Suite 101B

St. Paul, MN 55114

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To find other Legal Aid Society materials, including the fact sheets mentioned in this document, go to www.lawhelpmn.org/LASMfactsheets.