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DRUG FELONS

ISSUE DATE: 10/2013

MFIP:
If an applicant or participant admits in writing on the Combined Application Form (CAF)/Minnesota Transition Application Form (MTAF) that he/she committed a drug felony within 10 years from the date of application or recertification and was subsequently convicted, or if the county has other reliable documentation of a conviction for a drug felony that was committed within 10 years from the date of application or recertification , you must vendor pay the unit's shelter and utility costs out of the cash portion of assistance. See 0024.09 (Protective and Vendor Payments). Issue the balance of the grant to the unit.

People convicted of a drug felony that was committed within 10 years from the date of application or recertification are also subject to random drug testing as a condition of continued eligibility. The drug test may be conducted by the county agency, or the county agency may be informed of a test failure by a probation officer or other official entity.


Apply the following policies to an applicant or participant caregiver who fails a drug test:

1ST OCCURRENCE

Vendor pay from the cash portion of the grant for shelter and utilities. Reduce the remaining amount of the unit's Transitional Standard or Shared Household Standard, whichever applies, by 30%. Issue the balance of the grant (cash and/or food portion) to the unit.

If a participant fails a drug test the 1st time and is under a sanction due to other MFIP program requirements, vendor pay from the cash portion of the grant for shelter, and at county option, the utilities. Reduce the remaining grant by 30% and issue the balance to the unit.:

Before imposing the above sanction, the job counselor must attempt to meet face-to-face with the caregiver and explain the consequences of failing a subsequent drug test and the right to appeal the sanction. If a face-to-face meeting is not possible, the county must send the adverse action notice and include the information that would have been provided in a face-to-face meeting.

Continue to apply the sanctions above until the month after the month the person documents that he/she has passed a drug test.

A caregiver who is sanctioned for failing an initial drug test may cure the 30% sanction by passing a subsequent drug test.

2ND OCCURRENCE:

1.

PERMANENTLY disqualify the applicant or participant caregiver from both the cash and food portions of MFIP, and from MFIP Employment Services (MFIP-ES).

2.

Remove the needs of the caregiver who failed the drug test from both the cash and food portions. Deem to the assistance unit any income of the disqualified caregiver who is living in the home. Caregivers do not lose eligibility for Uncle Harry Food Support, or stand-alone SNAP. Review the case for possible health care eligibility for the disqualified caregiver.


Before disqualifying the caregiver and sending a notice of adverse action, the job counselor must attempt to meet face-to-face with the caregiver and identify other resources that may be available to the family and inform the caregiver of his/her appeal rights. If a face-to-face meeting is not possible, counties must provide written information about other local resources that are available to meet the needs of the family. To accomplish this, counties must send a letter (which includes a list of local/county resources) to the affected caregiver at the time MAXIS issues the notice of adverse action.

This change will not be programmed in MAXIS. Contact the Transition Supports Systems (TSS) Help Desk for a workaround if you have a case that fits these criteria.

If the convicted person is NOT a part of the assistance unit, DO NOT impose vendor payments, drug testing, or grant reductions.


WB, DWP:

Vendor pay the unit's shelter and utility costs out of the assistance payment if:

An applicant or participant admits in writing on the CAF or MTAF that he/she committed a drug felony within 10 years from the date of application or recertification and was subsequently convicted. NOTE: There is no application form for conversion from MFIP to WB.

OR

The county has other reliable documentation of a conviction for a drug felony that was committed within 10 years from the date of application or recertification.


Issue the balance of the grant to the unit. See 0024.09 (Protective and Vendor Payments).

People convicted of a drug felony that was committed within 10 years from the date of application or recertification are subject to random drug testing as a condition of continued eligibility. The drug test may be conducted by the county agency, or the county agency may be informed of a test failure by a probation officer or other official entity.


Apply the following policies to an applicant or participant caregiver who fails a drug test:

1ST OCCURRENCE:

Vendor pay shelter and utilities. Reduce the remaining portion of the grant by 30%. Issue the balance to the unit.

Continue to apply the sanctions above until the month after the month the person documents that he/she has passed a drug test.

A caregiver who is sanctioned for failing an initial drug test may cure the 30% sanction by passing a subsequent drug test.

2ND OCCURRENCE:

1.

PERMANENTLY disqualify the applicant or participant caregiver from WB or DWP. For WB, if the disqualified caregiver is the only member working the required hours, close the case.

2.

Remove the needs of the caregiver who failed the drug test. Deem to the assistance unit any income of the disqualified caregiver who is living in the home.



SNAP:

See 0011.27.03.01 (Drug Felons - SNAP).


GA, MSA:

A unit is ineligible if it contains a member who admits in writing on the CAF that he/she is convicted of a drug felony on or after 7-1-97. This also applies if the county agency has other reliable verified documentation supporting its position about a unit member's drug conviction, including the list of convicted drug felons provided by DHS.

The ENTIRE unit is ineligible for 5 years from the date the convicted person completes terms of the court-ordered sentence, UNLESS the convicted member meets 1 of the following conditions:

Participates in a drug treatment program.

OR

Has successfully completed a drug treatment program.

OR

Has been assessed by the county as NOT needing a drug treatment program.


If the convicted person meets 1 of the above conditions, the unit may receive benefits. He/she is subject to random drug testing as a condition of continued eligibility. DHS suggests that county agencies coordinate efforts with local probation or court services to establish procedures and share costs of random drug testing for these clients.

If the client fails a drug test while receiving assistance, or the county is informed by a probation officer or other official entity that the client has failed a drug test or has been convicted of another drug felony, the client is ineligible for assistance for 5 years beginning:

The 1st of the month following the month of the positive test result for an illegal controlled substance.

The 1st of the month following the month of discharge of sentence after conviction for another drug felony.


The remaining unit members may continue to receive benefits.


GRH:

No provisions.

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Updated: 10/1/13 7:38 AM | Accessibility | Terms/Policy | Contact DHS | Top of Page | Updated: 10/1/13 7:38 AM