FROM: KIM EVANS, DIRECTOR
SUBJECT: SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) DISQUALIFICATION DUE TO CERTAIN CRIMINAL CONVICTIONS
MANUAL REVISION #
The Agricultural Act of 2014 Section 4008 (7 CFR 273.11(s)) prohibits anyone convicted of federal aggravated sexual abuse, murder, sexual exploitation and abuse of children, sexual assault, or similar state laws, who is not in compliance with the terms of their sentence or parole, or are a fleeing felon, from receiving SNAP benefits.
Manual section 1105.015.10.65 Disqualification Due to Certain Criminal Convictions has been added to the SNAP manual.
The SNAP application (FS-1) has been updated to include this question. The new document has a revision date of June 2022. If an older version of the FS-1 is received, verbally ask about conviction and compliance during the interview. Self-attestation will be accepted for conviction and compliance.
NOTE: Household attestation is acceptable verification of the conviction and compliance for adult household members. Do not request additional verification or attempt to verify through other sources.
Updates have been made to the eligibility system, effective June 19, 2022, to include the new declaration questions.
- A declaration question has been added to the SNAP and Temporary Assistance (TA) application conflows.
- The existing FS/TA Declarations screen (DECLARE/FMMM) has been revised.
- New SNAP/TA Declaration-2 screen (DECLARE2/FMNK) has been added.
- FMNK will follow the FS/TA Declarations (DECLARE/FMMM) screen in the application and reinvestigation flows.
The new question has been added as the final question on the SNAP/TA Declaration-2 screen (DECLARE2/FMNK).
- Has anyone in your household been convicted of one or more of the following crimes after February 7, 2014?
(1) Aggravated sexual abuse;
(3) Sexual exploitation and other abuse of children;
(4) Sexual assault.
If the participant answers yes, conflows will move to Declaration Detail (FMMN), where staff will indicate Y for the individual who has the conviction. If the individual is in compliance with their sentence/parole, enter the correct conviction compliance code. If they are not in compliance with their sentence/parole, the appropriate disqualification must be entered. Select the individual and press F13=SANDISQ to move to the Sanction Disqualification (FMAM) screen.
Four compliance codes have been added to the eligibility system on the Declaration Detail (FMMN) Screen:
CASA – Aggravated sexual abuse
CMDR – Murder
CSEA – Sexual abuse and other abuse of children
CSXA – Sexual assault
Four new disqualification codes have been added to the eligibility system on the Sanction/Disqualification (SANDISQ/FMAM) screen:
ASA – Aggravated sexual abuse
MDR – Murder
SEA – Sexual abuse and other abuse of children
SXA – Sexual assault
- Violation date and Hearing/Court date must be February 8, 2014 or later for a disqualification to be entered.
- The length is entered as 999 when the disqualification is added, and will be updated by the eligibility system when the end date is entered.
- Compliance with Policy (CWP) is the only acceptable end reason for any of the disqualifications listed above.
- Compliance date and end date must be the same month.
- Use county code 0116 for convictions outside Missouri.
The income and resources of a disqualified person are considered available to the remaining household members and must be entered into the eligibility system.
When completing the first TA reinvestigation or SNAP Mid-certification review after implementation, the answers to these questions will not be available. Answer no, that there is no one with a conviction. Comment that the answer was not available and will be explored at next application. This will be updated with any necessary changes at the next application.
Declarations are not a factor for completing a SNAP Mid-certification review. However, after the factors are reviewed and an Eligibility Determination Resolution (EDRES) is completed, an ISD will display for technical determination for any case that has not already been updated with responses to the new declaration question.
An ISD will also be created when an EDRES is completed after a change is made to an active SNAP case during the certification period.
To resolve these ISDs:
- Navigate to the SNAP/TA Declarations-2 (DECLARE2/FMNK) screen
- Prompt for the SNAP household
- Select the new question
- Press F6 details
- Answer for each household member
- Enter good cause if an individual has a conviction, but is in compliance
- Select the individual with a conviction who is not in compliance and press F13
- Enter the appropriate disqualification on the Sanction/Disqualification (SANDISQ/FMAM) screen.
- Review this memorandum with appropriate staff.
- Review manual section 1105.015.10.65.
- Disqualify individuals convicted after February 7, 2014 of one of the crimes listed who are not in compliance.