MEMORANDUM

DISCUSSION:

Effective August 28, 2014, policies pertaining to felony drug convictions for the Food Stamp Program are changed. Senate Bill 680 (RSMo 208.247) provides exceptions to some felony drug conviction disqualifications. FAMIS programming changes are not yet available. This memorandum addresses the following:

• Criteria for Meeting an Exception
• Drug Conviction Exception Determination
• Procedures for Approving Applications and Issuing Benefits Prior to the Completion of FAMIS Changes

CRITERIA FOR MEETING AN EXCEPTION

To receive Food Stamp benefits, individuals currently disqualified for a felony drug conviction and new applicants with a drug felony will have to meet the following conditions. All four conditions must be met for the individual to be eligible for an exception. Verification of all responses is required prior to certification.

EXCEPTION: Client statement is acceptable, if the participant has been released from custody or not pled guilty or no contest to a controlled substance misdemeanor or felony offense at least three years prior to the date of application.

1. Successful participation in a substance abuse treatment program approved by the Division of Alcohol and Drug Abuse (DADA). Or

   The applicant must be accepted in a treatment program but subject to a waiting list to receive available treatment. Or

   The applicant must have successfully completed a substance treatment program approved by the DADA. Or

   Be determined by a certified treatment provider that participation in a substance abuse treatment program is not needed.

   Examples of acceptable verification include, but are not limited to the following:

   • Provide the individual with the attached DRUG CONVICTION EXCEPTION VERIFICATION FOR SUBSTANCE ABUSE TREATMENT PROGRAMS form to be completed by the substance abuse treatment program provider.
2. Successfully complying with, or has already complied with all court and probation and parole obligations.

   Examples of acceptable verification include, but are not limited to the following:

   • Provide the individual with the attached DRUG CONVICTION EXCEPTION VERIFICATION FOR PROBATION AND PAROLE/COURT COMPLIANCE form to be completed by the individual’s probation and parole officer or court official.
3. Has not been found guilty, plead guilty, or plead no contest, to any additional controlled substance misdemeanor or felony offense after release from custody within one (1) year of the first conviction date.
   • View Missouri Courts-Case.net at https://www.courts.mo.gov/casenet/base/welcome.do to determine if the individual has additional offenses.
4. Can demonstrate sobriety through voluntary urinalysis testing paid for by the individual.

   Examples of acceptable verification include, but are not limited to the following:

   • The written test results of a urine dipstick five-panel test analyzed by a laboratory certified by the Substance Abuse and Mental Health Service Administration. Or
   • Returning the DRUG CONVICTION EXCEPTION VERIFICATION FOR SUBSTANCE ABUSE TREATMENT PROGRAMS form or the DRUG CONVICTION EXCEPTION VERIFICATION FOR PROBATION AND PAROLE/COURT COMPLIANCE form showing a “yes” answer on the urinary testing question.

NOTE: The exception does not apply to an individual who has been found guilty, plead guilty, or plead no contest to two (2) additional felony drug offenses after the date of the first felony conviction.

DRUG CONVICTION EXCEPTION DETERMINATION

All disqualified individuals in an active household and new applicants who answer “yes” to the question for the Food Stamp benefit interview: “Have you or any member of your household been convicted in a Federal or State court of a felony committed after 8-22-96 related to illegal possession, use, or distribution of a controlled substance?”, must answer the questions on the attached Drug Conviction Exception Determination Worksheet prior to approval for benefits.

Prior to the printing and inclusion of the Drug Conviction Exception Determination Worksheet with applications, use the attached copy for new applications and those EU members who are currently disqualified for a felony drug conviction. The worksheet can be completed by the applicant/EU member or staff may ask the questions during the interactive interview. Have a responsible EU member sign the worksheet if completed in-person. If asking the questions during an interactive interview, complete the worksheet and enter “completed by worker” on the signature line.

NOTE: Any individual who has been convicted of manufacturing or distribution of a controlled substance is not eligible for Food Stamp benefits. Only those who have been convicted of use or possession of a controlled substance, who meets the criteria, may be eligible to participate in the Food Stamp Program.

PROCEDURES FOR APPROVING APPLICATIONS AND ISSUING BENEFITS PRIOR TO COMPLETION OF FAMIS CHANGES

FAMIS changes are not yet available. All disqualifications for drug convictions (DUC) are manually tracked until system programming is complete. Once the system programming changes are completed, the information will have to be entered into FAMIS. County managers and/or IM supervisors are tasked with monitoring the tracking of DUCs not entered and entry of DUCs when system programming is complete.

Temporary Assistance (TA) Applications and Active Cases

Disqualifications for DUC policy has not changed for the Temporary Assistance Program. Do not remove or omit a disqualification for DUC for any EU member applying for TA or on an active TA case.

Individuals active on TA cases with a DUC disqualification who meet an exception for Food Stamps and requests benefits will be issued restored benefits through WIBCA. When found eligible, complete a WIBCA for the appropriate month by increasing the number of EU members participating. Complete this action each month until FAMIS programming is completed.

Manually track any additional convictions. If the individual is no longer eligible, stop issuing restored benefits. When FAMIS changes are complete and the system allows multiple entries, all convictions will have to be entered.

Food Stamp Applications or Benefits Requested Before August 28, 2014

Reject one person applications taken before August 28th if the applicant has a drug conviction disqualification. Reject the EU member included on an application if the EU member has a drug conviction. Enter the drug conviction and sanction into FAMIS so the application or EU member rejects on this factor.

New Food Stamp Applications Taken On or After August 28, 2014

New applications taken on or after August 28, 2014 without an active TA case or TA application, requires staff to manually track the reported drug conviction(s). If an applicant has a drug conviction and meets an exception, do not enter the disqualification due to the drug conviction into FAMIS. Manually track the drug conviction(s). When system programming is complete, the drug conviction with the exception code will be entered on the Sanction/Disqualification (SANDISQ/FMAM) screen in FAMIS.

If an application is received for someone who was previously rejected because of a DUC disqualification (DQ) and the DQ is in FAMIS, delete the sanction and manually track the DQ until system programming is completed. When FAMIS programming is complete, the drug conviction (s) with the exception code(s) will be entered on the Sanction/Disqualification (SANDISQ/FMAM) screen in FAMIS.

Complete WIBCAs as needed and according to current policy.

If an applicant EU member does not meet the exception, enter the drug conviction on the Sanction/Disqualification (SANDISQ/FMAM) screen in FAMIS and allow the application or EU member to be rejected.

Prior to receipt of documentary verification of the responses on the worksheet, staff must leave the application in the controlled flow to pend for the information. Enter the appropriate responses on the FS/TA Declarations (FMMM) in FAMIS. Stop the application at the second Food Stamp Interview (FM1B) screen in FAMIS. This will pend the application.  

If an application meets expedited criteria and identity is verified, but there is no verification of the participants’ responses, expedite the application.   Staff will have to manually add verification of meeting an exception to the felony drug conviction to the FA325 Request for Verification Form.

NOTE: Benefits are prorated for August from August 28th or the date of applications, whichever is later.

Requests to Add EU Members to Active Food Stamp Cases

Do not issue additional benefits prior to August 28, 2014 for those EU members who are active on a Food Stamp case and have a DUC. If there is not an active TA case, delete the DQ for DUC if the EU member meets an exception and is otherwise eligible for Food Stamp benefits. Issue restored benefits back to the date of request but not prior to August 28, 2014 as necessary. Manually track any drug convictions until FAMIS programming is completed.

A memorandum will be released with manual revisions and instructions for entering drug convictions into FAMIS when system programming is completed. The Drug Conviction Exception Determination Worksheet is available to include with requested applications and will be mailed with recertifications beginning in November.

NECESSARY ACTIONS:

• Review this memorandum with appropriate staff.

ATTACHMENTS:

• Drug Conviction Exception Determination Worksheet
• DRUG CONVICTION EXCEPTION VERIFICATION FOR SUBSTANCE ABUSE TREATMENT PROGRAMS form
• DRUG CONVICTION EXCEPTION VERIFICATION FOR PROBATION AND PAROLE/COURT COMPLIANCE form

AC/jm