Section 9 - Special Cases (Including Minors) and Crisis Intervention Facilities

9.1.1 SPECIAL CASES (INCLUDING MINORS)

Under section 5(2) of the Regulation, special cases are enrolled under the authority of the Minister's designate.

Special cases may be enrolled without prior approval of the Minister's designate only in situations of extreme urgency. When obtaining prior approval is not possible, all pertinent information should be documented for review by the Minister's designate as soon as possible after action is taken.

For a more detailed description of minor special case applicants, see section 9.2.1. Minor applicants in Winnipeg are assessed by EIA staff at the centralized intake office rather than by the program specialists (see section 6.4.5).

Special case enrolment terminates after:

• the expiry of time-limited approval (less than one year); or
• one year, unless reviewed by the EIA office and further approved by the Minister's designate, as described above.

9.2.1 MINOR APPLICANTS

Assessment by the responsible child caring agency required

For every minor applicant, the responsible child caring agency (CFS) is asked to provide an assessment of the minor's circumstances, including:

• the minor's current family circumstances, including the viability of remaining in or returning to the parental home, unless CFS concludes that doing so is not in the best interests of the minor or other household members;
• the possibility of residing with another responsible adult; and
• the minor's capacity to live independently.

CFS must provide EIA with written assurance that the minor applicant's proposed living arrangements do not involve any child protection concerns.

In Winnipeg, an intake worker at the centralized intake office reviews CFS assessments regarding minor applicants (see section 6.4.5). A program specialist reviews these assessments for minor applicants outside Winnipeg.

EIA to explore parental support

After reviewing the CFS assessment, EIA staff explore the possibility of parental support. This may include:

• exploring the possibility of remaining in or returning to the parental home, unless CFS concludes that doing so is not in the best interests of the minor or other household members; or
• exploring the possibility of maintenance from the applicant's parents under The Family Maintenance Act.

The intake worker or counsellor documents the results, including reasons why parental support is not available. While remaining sensitive to any child protection concerns within the parental home that are identified by CFS, minor applicants are not enrolled when parental support is available.

(See section 8.3.1 regarding minor expectant mothers and minor single parents.)

9.2.2 MEDICAL COVERAGE FOR MINORS

Manitoba Health Insured Benefits

Single minors, including single minor expectant mothers, generally receive Manitoba Health Insured Benefits coverage under their parents' registration, regardless of whether they live with their parents or not.

After the birth of a child to a minor single parent, coverage continues under the parents' registration as long as the minor single parent lives in the parental home. If the minor single parent's child also lives with the minor's parents, coverage for the child is also under the parents' registration.

Minor single parents who live with their child away from the parental home should register for Manitoba Health Insured Benefits coverage for themselves and their child.

In some circumstances, minors may be registered for Manitoba Health Insured Benefits in their own right. In such cases, coverage for minors (and their children, if applicable) is under their own registration.

EIA Health Services

Provisions regarding EIA health services cards (see section 22.1.2 and 22.1.4) apply to minor participants.

9.2.3 EMPLOYMENT EXPECTATIONS FOR MINORS

Minors are potentially subject to employment expectations, depending on their circumstances. For more on who is subject to employment expectations, see section 6.3.5. For many minors, the most appropriate way to fulfill their employment expectations might be to remain in or return to school. For more on the circumstances under which education assistance may be provided, see section 6.11.

9.3.1 PERSONS IN CRISIS INTERVENTION FACILITIES

Legislative Authority

Section 5(1)(i) of The Employment and Income Assistance Act provides the authority for the granting income assistance to persons in crisis intervention facilities.
The Act states as follows:

5(1) The director shall provide income assistance, in accordance with this Act and the regulations, to or in respect of a person who, in the opinion of the director is a person:

(i) who is a person requiring the protection of and residing in a crisis intervention facility."

A "crisis intervention facility" is defined as a facility approved by the Minister for providing shelter and protection to persons who have been abused by other persons and may include crisis shelters, crisis offices or other agencies operating safe homes.

Approved Crisis Intervention Facilities

For the purpose of establishing eligibility for income assistance under section 5(1)(i) of the Act, the following have been approved as crisis intervention facilities:

Crisis Shelters

Osborne House Inc., Winnipeg
Thompson Crisis Centre Inc. (NorWin House), Thompson
Young Women's Christian Association of Brandon
(Westman Women's Shelter), Brandon
Ikwe - Widdjiitiwin Inc., Winnipeg
Portage Women's Shelter Inc., Portage la Prairie
Selkirk Cooperative on Abuse Against Women (Nova House), Selkirk
South Central Committee on Family Violence Inc. (Genesis House), Winkler
Eastman Crisis Centre Inc. (Agape House), Steinbach
The Pas Committee for Women in Crisis Inc. (Aurora House), The Pas
Parkland Crisis Centre Inc., Dauphin

Safe Homes (Operated by Crisis Offices and Other Agencies)

Evergreen Women's Resource Centre Inc., Gimli Gillam Bird Crisis Centre Inc., Gillam
Killarney and District Committee on Family Violence Inc., Killarney
Lakeshore Women's Resource Centre Inc., Ashern
Minnedosa and Area Committee on Wife Abuse, Minnedosa
Russell Concerned Citizens Inc.,
(Russell Committee Against Family Violence), Russell
Snow Lake Centre on Family Violence Inc., Snow Lake
Swan Valley Crisis Centre Inc., Swan River

Safe homes may also be operated by shelters.

These crisis shelters and offices are centres operated by non-profit organizations to provide emergency shelter and support services to abused spouses and their children. The facilities have a signed Services Funding Agreement or Letter of Understanding with Family Violence Protection Branch, Department of Family Services and Housing, which is the program responsible for agency/government communication regarding abused women.

Eligibility Under Section 5(1)(i)

Eligibility under section 5(1)(i) of the Act may be established for any person who:

• is accepted into an approved crisis intervention facility; or
• is referred by a full facility to alternate accommodation (e.g., YWCA and hotels) with the Department's prior approval, if possible; and
• is in financial need.

The period of eligibility extends from the first to the last day (inclusive) of residency at an approved facility, subject to the following policies on length of stay.

The per diems are to be paid on behalf of income assistance participants for up to 10 days as required (see section 9.3.4 entitled "Payment Considerations"); extensions beyond this time period require the approval of the director or designate.

Emergency alternate accommodation should be time-limited, with the person moving to a crisis shelter or safe home as soon as a space is available, generally within two days. The time spent at the alternate accommodation should be counted in determining the approval level required for the length of stay.

When the abused person is a male, a stay of up to 10 days at alternate accommodation may be approved; any extension requires the approval of the director or designate.

If the person is in need when discharged from the facility, ongoing eligibility for assistance should be determined in accordance with normal categorical eligibility considerations with two exceptions: 1) persons who are single and have no disabilities should be referred to a municipality, 2) persons who require assistance to secure an existing or new living arrangement but who do not require ongoing assistance for basic needs. These cases must be referred to the Minister's designate in Central Office for consideration.

Application Process

Crisis facility staff will complete the Crisis Shelter/Safe Home Emergency Assistance Request (also known as the "short form") for persons who request financial assistance for their stay at the facility. Three pieces of participant identification must be provided, as available, and copies made for the file.

In situations where an individual applies for shelter services, but does not meet eligibility requirements in accordance with the Family Violence Protection Program Services Funding Agreement or Letter of Understanding, they should be referred to After Hours Emergency Services (AHES) for assistance.

If there is a question regarding eligibility for service, the crisis facility has the authority to maintain the individual until the next business day, when the Employment and Income Assistance offices are open and able to authorize approval for services within the shelter. On weekends, the next business day is Monday (or Tuesday, if Monday is a holiday).

EIA staff will review each application to determine eligibility under the Employment and Income Assistance Act and in accordance with the policies on assessing resources, assessing needs and payment considerations. Verification of information will usually not be necessary unless staff have a reason to believe that a false statement has been made.

When the request has been appropriately completed and staff are satisfied that the applicant is financially eligible, the request may be approved for income assistance. Cases may be enrolled only under section 5(1)(i) of the Act, regardless of eligibility under any other category.

In most situations, direct contact with the participant is not necessary when assistance is required for the facility per diem, personal needs, transportation and phone calls for admission. The appropriate form letter, which states the eligibility decision and the right of appeal, must be provided to the crisis facility staff who will forward it to the applicant.

Direct contact must be made upon the participant's request or if any other financial needs are requested. In these situations, the appropriate form letter advising the applicant of the eligibility decision and the right of appeal must be provided. Contact of any kind must not be made at the participant's residence unless at the specific request of the participant.

Fee Waiver Cases

When either crisis facility staff or EIA staff determine that the case is fee waiver, "Fee Waiver" will be printed at the top of the request. Each program must retain a copy of the request and forward a copy to the other program.

Crisis facility staff will forward billing invoices for fee waiver cases to EIA for review and processing for payment. Billing invoices for fee waiver cases will be forwarded to Financial and Administrative Services for payment under the Family Violence Protection Branch Fee Waiver.

Fee waiver cases are ineligible for income assistance because they have access to financial resources. Only the per diem and requests for extensions may be approved, however, other needs may be approved in exceptional circumstances on a case by case basis.

9.3.2 ASSESSING RESOURCES

Due to the urgent nature of these cases, the financial eligibility of the applicants should be assessed only on the resources accessible during the stay at the facility (for example, cash on hand, bank accounts, employment income, the applicant's share of a joint account which does not require the signature of both spouses for withdrawals) which can be accessed without jeopardizing legal positions or physical safety.

Financial resources, in excess of those exempted in the Regulation, should be used to offset income assistance eligibility.

9.3.3 ASSESSING NEEDS

See "Payment Considerations" in section 9.3.4.

Income assistance may be provided to meet the costs of the following items of need.

1. Per Diems (effective April 1, 2006):

   The following per diems have been approved depending upon whether the shelter location is north or south of the 53rd parallel:

   North of the 53rd Parallel

   
   

   The Pas Committee for Women in Crisis Inc (Aurora House), The Pas	$28.32
   Thompson Crisis Centre Inc (NorWin House), Thompson	$28.32

   South of the 53rd Parallel

   
   

   Ikwe - Widdjiitiwin Inc., Winnipeg	$26.97
   Young Men's/Young Women's Christian Association (Osborne House)	$26.97
   Parklands Crisis Centre Inc.	$26.97
   Portage Women's Shelter Inc.	$26.97
   Selkirk Cooperative on Abuse Against Women (Nova House)	$26.97
   South Central Committee on Family Violence Inc. (Genesis House)	$26.97
   Eastman Crisis Centre Inc. (Agape House)	$26.97
   Young Women's Christian Association of Brandon (Westman Women's Shelter)	$26.97

   The following per diems apply for safe homes and alternate accommodation:

   
   

   All safe homes:
   Basic rate:	$16.50 per adult $8.30 per child
   Northern supplement for crisis offices:
   (North of 53rd parallel and east of Lake Winnipeg north of 51° 12'	10% - $.504 per person per day if facility is located in a town or a ten mile radius; or 25% - $1.30 per person per day in other remote areas.

   Emergency refuge in alternate accommodation when the shelter is not able to accommodate the individual:

   • facilities (e.g. YWCA)
     (Note: There is an expectation that the most inexpensive safe accommodation should be approved and that the number of rooms approved should be appropriate to the family size.)
   • the cost of the meals at $17.20 per day and $18.90 per day north of the 53rd parallel and east of Lake Winnipeg north of 51° 12';
   • where three meals a day are not required the per diems are:
     
     

     	South	North
     Breakfast:	$3.60	$4.00
     Lunch:	$5.30	$5.80
     Dinner:	$8.30	$9.10
2. Transportation:

   When persons accessing crisis intervention facilities do not have transportation to the facility, transportation to the facility by the least expensive mode that is available and safe should be approved. Transportation for medical and legal appointments while the person is residing at the facility should be similarly approved. When the person leaves the crisis facility and is unable to access transportation, the cost of transportation to a residence in the same community, or to a residence in another Manitoba community, should be approved. Requests for out-of-province transportation should be referred to Central Office for the consideration of the Minister's designate. Transportation costs should be approved in accordance with the policy in section 22.3.1 and should be granted as a health need.

3. Telephone Costs:

   Telephone costs necessary to arrange admission to the facility and for medical and legal appointments should be approved as a health need.

4. Health Costs:

   The costs of emergency health needs and essential prescription drugs should be approved. Crisis facility participants are not eligible for an EIA Health Services certificate or for non-emergency health needs, such as regular dental appointments.

5. Child Care Costs:

   Costs of child care may be approved when the abused parent is either temporarily unable to care for the child or requires time for medical or legal appointments. However, there is an expectation that the parent first seek child care arrangements that are not associated with any cost. Approved costs should be granted as a health need.

6. Clothing (including child care needs such as diapers):

   When the applicants do not have access to their own clothing or to child care, consideration should be given to granting funds to meet immediate needs. In situations when the shelter has exhausted either its supply of diapers or the participant's own supply, the EIA program will pay for necessary diapers for infants up to the age of three years.

7. Personal Needs:

   Personal needs assistance for adults of $1.90 per day should be approved. The first two days should be paid on the first day of the stay. This will overcome the problem of not being able to issue a purchase voucher for $1.90 when the person only stays one day. No overpayment exists when two-day assistance is issued when someone stays only one day.

8. Securing a Living Arrangement in the Community:

   The establishment of a secure living arrangement may involve changing or strengthening the locks on the existing residence, moving to a new residence, and/or obtaining a restraining order and a telephone to enforce the order. These costs may be approved for persons accessing crisis intervention facilities who are participants, or who are eligible for income assistance, under a category other than 5(1)(i). The Central Office will approve these costs as necessary in cases either requiring assistance to secure a living arrangement but not ongoing assistance, or, requiring municipal assistance at discharge. When the cost for securing a living arrangement in the community is for rent (including a security deposit), the costs should be met as a rental need; when the cost is for a telephone, the cost should be met as a health need. All other costs for securing a living arrangement should be met as special needs.

9. Other Needs:

   Requests to meet other identified needs may be approved by the director or designate, subject to any relevant policy.

9.3.4 PAYMENT CONSIDERATIONS

1. Payments directly to facilities:

   Payments for per diems and personal needs will be made directly to the facility on the basis of an approved billing invoice. When a facility incurs costs without prior departmental approval, reimbursement will occur only when the costs were: (1) for transportation and telephone charges to effect an admission and the EIA worker was satisfied that the policy was applied; and (2) emergency health needs that occurred after office hours. These costs will be included with the per diem and personal needs costs on the Crisis Facility Invoice. Receipts should accompany the billing form with the exception of telephone charges for which a bill is not readily available.

2. Payments directly to participants:

   Any other payments approved by EIA staff will be made to the participant. Payments must not be made at the participant's residence unless the participant so requests. In this case, the worker will have to obtain the address because the participant's address is not recorded in the system or on the form.

3. Payments to providers of alternate accommodations:

   Notwithstanding part (ii) above, when a facility is full and alternate accommodation is used, in accordance with policy, the costs may be paid directly to the alternate facility, such as, YWCA or a hotel.

4. Payment to 5(1)(i) applicants who are members of an existing social assistance household:

   Crisis facility payments are considered as an essential expense, therefore, they should not be considered as duplicate assistance when the abused person is a member of an income assistance household. Overpayments will not be assessed even though the participant may have already received assistance for food and shelter for the period spent at a crisis facility.

   In cases where the abused person is from an income assistance household and does not return to that household, the budget for the original income assistance household should be adjusted, effective the first of the month following the month in which the abused person and any dependants left the household. If the abused person and dependants return to the household before the first of the month, no budget adjustments should be made.

5. Extensions:

   Extensions in excess of 10 days may be requested and approved if:

   1. A safe living arrangement, including essential furnishings, has not been secured.
   2. Safety remains an immediate concern.
      • A protection plan is being developed and the woman needs to remain in the shelter until specific supports are in place.
      • Required legal work is not completed, e.g., restraining order in place, temporary custody of children established.
      • Support network is not yet established, e.g. child care, homemaking services or personal care are arranged.
      • Financial support for the family is not secured.
   3. The woman's situation has not stabilized sufficiently to enable her to develop, or to implement, an effective protection plan.

9.3.5 EMPLOYMENT EXPECTATIONS

Participants in crisis facilities are not subject to employment expectations.

When participants leave the facility, employability is assessed at intake. Where expectations would apply, these expectations may be deferred based on the participant's situation. (See also section 6.5.3 for "Deferral of Employment Expectations").

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