The Family Violence Option: Senate Bill 1374 and House Bill 3160


What is the Family Violence Option?
The Family Violence Option (FVO) helps domestic violence victims and survivors move from welfare to work. The FVO is a state option in the federal welfare reform law. It allows states increased flexibility in applying the requirements of the Temporary Assistance for Needy Families (TANF) Program (formerly the AFDC Program) to families affected by domestic violence without states being penalized financially. The FVO invites states to

  • screen applicants and recipients of tanf for domestic violence while maintaining confidentiality;
  • provide referrals to counseling and supportive services;
  • make good-cause waivers from TANF program requirements.

Waivers are to be granted where the requirements would make it harder for TANF recipients to escape domestic violence or where the requirements would unfairly penalize past, present, or potential victims of domestic violence. Program requirements that could be waived include the 60-month lifetime limit on receipt of tanf assistance and mandatory work requirements.

The FVO is designed to promote case-by-case consideration and increased access to services. Waivers are not intended to exclude individuals from activities such as education and vocational training. On the contrary, waivers are intended to allow victims of domestic violence to be assigned to the activities that best aid in the transition from welfare to work and to allow the time necessary for a successful transition.

For some individuals this may mean participation only in activities that are, at least initially, domestic violence specific such as counseling, development of a safety plan, or efforts to retain legal representation to petition for a protective order. For others it may mean participation in a combination of activities such as job readiness and mental health counseling. For still others, it may mean combining employment with efforts to change child support, custody, or visitation orders to decrease the risk of harm. The FVO allows victims and survivors the peace of mind of continued cash assistance without the threat of sanctions as they deal with the violence and cope with its consequences.

Why Adopt the Family Violence Option?
Domestic violence makes women poor and keeps them poor.
Although the FVOo has been introduced as legislation in both the Illinois Senate (S.B. 1374) and the House (H.B. 3160), both Republican and Democratic leadership is limiting the number of bills released from the Rules Committees so that most bills, including S.B. 1374 and H.B. 3160, will not have the opportunity to be considered on the merits by the rest of the membership. Please call or fax Senate President James "Pate" Philip (R) and House Speaker Michael J. Madigan (D) within the next week. Tell them you want the Family Violence Option to become law in Illinois. Ask President Philip to let S.B. 1374 out of the Senate Rules Committee. Ask Speaker Madigan to let H.B. 3160 out of the House Rules Committee. To contact Senate President Philip call 217.782.7730 or 630.941.0094, or fax 217.782.7818. To contact House Speaker Madigan call 217.782.5350 or 773.581.8000, or fax 217.524.1794.

The recent publication of the proposed TANF regulations by HHS makes it clear that adoption of the FVO is the most fiscally responsible strategy states can take to avoid financial penalties. States that adopt the FVO will avoid financial penalties if, because of domestic violence waivers granted under the FVO, they fail to meet the caseload work participation rates or exceed the allowable number (capped at 20 percent of the caseload) of recipients who receive benefits beyond the 60-month lifetime limit on receipt of assistance.

Why Is the Family Violence Option Needed?


Domestic violence makes women poor and keeps them poor.
  • Many abusers sabotage their partners’ efforts to make the transition from welfare to work. Examples include: giving her a black eye before a job interview; destroying books and homework assignments; failing to show up to drive her to a job interview or the ged exam; failing to show up to provide child care for these purposes; and physical violence and harassment on the job.
  • Sabotage and violence actually increase when women leave their abusers.
  • Effects of domestic violence on its victims include poor concentration; interference with the ability to read, to process new information, or to learn; and depression.
  • The inability to comply with fixed requirements such as work activities or time limits may result in a loss of benefits, thereby increasing a victim’s dependence on her abuser.

What You Can Do to Help


Although the FVOo has been introduced as legislation in both the Illinois Senate (S.B. 1374) and the House (H.B. 3160), both Republican and Democratic leadership is limiting the number of bills released from the Rules Committees so that most bills, including S.B. 1374 and H.B. 3160, will not have the opportunity to be considered on the merits by the rest of the membership. Please call or fax Senate President James "Pate" Philip (R) and House Speaker Michael J. Madigan (D) within the next week. Tell them you want the Family Violence Option to become law in Illinois. Ask President Philip to let S.B. 1374 out of the Senate Rules Committee. Ask Speaker Madigan to let H.B. 3160 out of the House Rules Committee. To contact Senate President Philip call 217.782.7730 or 630.941.0094, or fax 217.782.7818. To contact House Speaker Madigan call 217.782.5350 or 773.581.8000, or fax 217.524.1794.

For more information contact Wendy Pollack at 312.263.3830 ext. 238.