MEMORANDUM

DISCUSSION:

Effective October 6, 2014, programming changes are made to the Family Assistance Management Information System allowing the entry of all drug convictions and to aid in determining eligibility. This memorandum addresses the following:

• Entering Drug Convictions
• Eligibility Determinations
• Notification of Expiration (NOE)
• Manual Revisions

ENTERING DRUG CONVICTIONS

All individuals with drug convictions must complete the Drug Conviction Exception Determination Worksheet when applying or reapplying for Food Stamp benefits, or when they are disqualified eligibility unit (EU) members on active cases requesting benefits.

During the controlled flow enter a “Y” (yes) to the question “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?”.

Commit the information to FAMIS by pressing “Ctrl” (control).

FAMIS flows to the Declaration Detail (FMMN) screen. Enter the declare date. Enter N in the Y/N field indicating “Good Cause” does not exist.  Select the individual and press F13=SANDISQ to enter or update an existing disqualification.

The Sanction/Disqualification (FMAM) screen appears.

If the individual has an existing disqualification for a drug conviction and is known to FAMIS, the disqualification appears with “SYS” in the “Scnd Ver” field. The “SYS” code is a result of the programming changes.

If an individual is not known to FAMIS, or an individual known to FAMIS has an additional drug conviction enter the information. Follow the instructions in the user guide, Drug Conviction Processes for the Food Stamp Program.

Two new fields are open for worker entries on the Sanction/Disqualification (FMAM) screen.

• The “Cat” field is used to alert FAMIS that an exception to policy exists.
  • Enter or prompt for the code “EXC” (Meet Food Stamp Drug Exemption Criteria) in the “Cat” field for individuals who meet an exception to the drug conviction disqualification.
• The “Scnd Ver” field is used to produce a request for verification and to record when verification is received, or indicate when verification is not needed.
  • When verification is needed, leave the “Scnd Ver” field blank or space out the “SYS” in this field for disqualifications known to FAMIS. An FA325, Request for Information is produced when the field is blank.
  • Enter or prompt for the code “AVR” (Additional Verification Received) when client statement is accepted or when verification is received.

    NOTE: Accept client statement when the individual has:

    • Been released from custody at least three years prior to the date of application.  
    • Not pled guilty to a controlled substance misdemeanor or felony offense within three (3) years prior to the date of application.
    • Not pled” no contest” to a controlled substance misdemeanor or felony offense within three (3) years prior to the date of application.

The case will show “PEND” on Technical Eligibility Detail (FMM4) screen when the Scnd Ver field is blank and verification is needed. Current verification guidelines apply. Verification not received timely will result in an ineligible determination.

ELIGIBILITY DETERMINATIONS

The following rules apply when completing the Sanction/Disqualification (FMAM) screen.

Do not enter the code “EXC” (Meet Food Stamp Drug Exemption Criteria) in the “Cat” field if the individual:

• Does not meet the four (4) conditions introduced in Income Maintenance memorandum IM-45 Exceptions to Felony Drug Convictions for the Food Stamp Program. The individual is ineligible to for Food Stamp benefits.
• Has been convicted of manufacturing or distribution of a controlled substance. The individual is ineligible for Food Stamp benefits.
• 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.

Entry of three (3) felony drug convictions will result in a failed eligibility determination even if the person meets an exception. The individual is ineligible for Food Stamp benefits.

NOTIFICATION OF EXPIRATION (NOE)

The Drug Conviction Exception Determination Worksheet is used for all individuals who have a drug conviction and are applying for or part of an active Food Stamp eligibility unit (EU).

Effective with the next Notification of Expiration (NOE), the Drug Conviction Exception Determination Worksheet will be mailed with the Food Stamp application.

MANUAL REVISIONS

The Food Stamp Manual is revised. The revisions include:

• Updated policy to reflect the criteria to meet an exception to a drug conviction (section 1105.015.10.35)
• Updated policy change allowing FAMIS to determine categorical eligibility (section 1105.015.10.35.05).

The Food Stamp Felony Drug Conviction Questions & Answers (Q&As) is revised. A new user guide entitled Drug Conviction Processes for the Food Stamp Program is added to the FAMIS User Guides on the DSS Intranet.

NECESSARY ACTION:

• Review this memorandum with appropriate staff.
• All manually tracked convictions must now be entered into the FAMIS system.

AC/jm