MEMORANDUM

DISCUSSION:

The purpose of this memorandum is to introduce revised policy for determining an exception to the drug felony conviction disqualification, and revised forms. These policy revisions are effective January 1, 2015 for applications, re-certifications, and requests to add persons initiated on or after this date. Policy revisions include requiring results of voluntary urinalysis. Forms revisions include changes to the form names; simplification of the statement to be provided by the Missouri Probation and Parole; separate forms for active parolees and discharged parolees; and no longer requiring a signed Drug Conviction Exception Determination Worksheet.

All individuals (even if their last drug felony conviction, guilty plea, or plea of nolo contendre (no contest) was three or more years ago) who request an exception must:

• Demonstrate sobriety through voluntary urinalysis testing. Other forms of drug tests are not accepted. The FSD will not pay for the urinalysis testing.
  • The only acceptable verification is the written or printed urinalysis test result or other official record of the test result.

    NOTE: Once documentation has been provided it must be maintained in the case record and will not need to be provided at subsequent applications.

  • The test date must be after the individual’s last felony or misdemeanor conviction guilty plea, or plea of nolo contendre involving possession or use of a controlled substance.
  • The results of the urinalysis must show the individual tested negative for illegal drugs at the time of the test.
  • The urinalysis may not be self-administered. Examples of acceptable tests include but are not limited to those completed by a medical provider, drug treatment provider, or medical testing laboratory.
  • Client statement is not acceptable verification.

If the individual has not had a misdemeanor or felony drug conviction, guilty plea, or plea of nolo contendre in the three years prior to the date of application or date of request to add a person to a Food Stamp case they must:

• Demonstrate sobriety through voluntary urinalysis testing. Other forms of drug tests are not accepted. The FSD will not pay for the urinalysis testing.

• Respond to the questions on the Exception Determination Worksheet during an interview with FSD, or provide a completed Exception Determination Worksheet to the FSD.

  NOTE: The FSD staff will document responses to Worksheet questions in FAMIS comments, and maintain a copy of the Exception Determination Worksheet in the case record if completed by the individual. Enter a comment from the individual’s Sanction/Disqualification (SANDISQ/FMAM) screen.

  EXAMPLE: Subject: Exception Determination

  Responses to worksheet questions obtained in telephone interview with applicant on 01/02/2015. A Conviction type: felony Date: 09/02/1996 State: Missouri; B. and C. answered No; D. Completed substance abuse treatment at Arthur Center 1998; E. answered No; F. Yes. Completed Probation 1998; G. answered No; H answered No; I. Answered Yes. FA-325 sent to applicant this date requesting urinalysis tests results.

  NOTE: Client Statement is acceptable verification for substance abuse treatment criteria and for successfully complying with all court and probation and parole obligations when the participant has been released from custody or has not been found guilty, or pleaded guilty or nolo contendre  to a controlled substance misdemeanor or felony offence in the three years prior to the date of application or date of request to add a person to a case.

If the individual has a misdemeanor or felony drug conviction, guilty plea, or plea of nolo contendre less than three years prior to the date of application or date of request to add a person to a Food Stamp case, they must:

• Demonstrate sobriety through voluntary urinalysis testing. Other forms of drug tests are not accepted. The FSD will not pay for the urinalysis testing.
• Respond to the questions on the Exception Determination Worksheet during an interview with FSD, or provide a completed Exception Determination Worksheet to the FSD.

  NOTE: The FSD staff will document responses to Worksheet questions in FAMIS comments, and maintain a copy of the Exception Determination Worksheet in the case record if completed by the individual. Enter a comment from the individual’s Sanction/Disqualification (SANDISQ/FMAM) screen.

  EXAMPLE: Subject: Exception Determination

  Responses to worksheet questions obtained in telephone interview with applicant on 01/02/2015. A Conviction type: Felony, Date: 09/02/2013, State: Missouri; B. and C. answered No; D. Completed substance abuse treatment at Arthur Center 07/01/2014; E. answered No; F. Yes. Completed Probation 08/31/2014; G. answered No; H answered No; I. Answered Yes. FA-325 sent to applicant this date requesting, proof of substance abuse treatment and urinalysis tests results. Missouri Case.net verified discharged from probation.

• Provide one of the following as acceptable verification of substance abuse treatment:
  • Certificate of completion from a drug treatment program,
  • Substance Abuse Treatment Programs Drug Conviction Exception Verification form completed and signed by the treatment provider, or
  • Other official document from an approved substance abuse treatment provider to establish compliance with the substance abuse treatment requirements.

AND provide one of the below:

• If currently on Probation or Parole with the Missouri Department of Corrections, provide a Current Probation and Parole/Court Compliance Drug Conviction Exception Verification form completed and signed by their Probation or Parole Officer. Telephone or collateral contact between FSD and the Probation or Parole Officer may be accepted if documented in the case record. 

OR

• If the individual has been discharged from Parole, send the Discharged Parolee Drug Conviction Exception Verification form for completion by email to Custodian of Records of the Missouri Board of Probation and Parole. If the individual was discharged from parole in another state, request the individual to provide documentation of their parole status. Telephone contact with an employee of the court or of the other state’s Probation and Parole may be accepted if documented in the case record.

OR

• If the individual states they are discharged from Probation refer to the Income Maintenance Memorandum IM-78 Missouri Courts Case.Net to be used as Verification of Discharged Probation for the Exception from the Food Stamp Drug Felony Disqualification. Telephone contact with an employee of the court or of the other state’s Probation and Parole may be accepted if documented in the case record.

NECESSARY ACTIONS:

• Review this memorandum with appropriate staff.
• Begin requiring individuals requesting an exception to the Food Stamp drug felony disqualification to provide urinalysis test results prior to approving an application or request to add a person to a Food Stamp case initiated on or after December 31, 2014.
• Staff may use the Exception Determination Worksheet in the interview. A form signed by the participant is no longer required.
• Begin using the revised forms when needed to obtain verification of compliance with substance abuse criteria or with probation, parole or court obligations.
• When hard copy verification is needed to determine eligibility, provide a Request for Information form (FA-325) detailing what the individual is required to provide.

ATTACHMENTS:

• Exception Determination Worksheet Food Stamp Felony Drug Conviction Disqualification
• Current Probation and Parole/Court Compliance Drug Conviction Exception Verification
• Discharged Parolee Drug Conviction Exception Verification
• Substance Abuse Treatment Programs Drug Conviction Exception Verification.

AC/jm/ks