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COMBINED MANUAL

ISSUE DATE 11/2021

DRUG FELONS - SNAP

0011.27.03.01

MFIP, DWP, MSA, GA, GRH: See 0011.27.03 (Drug Felons).

SNAP: A person applying for or receiving SNAP who admits in writing on the CAF that he/she committed and was convicted of a drug felony within 10 years from the date of application or recertification, is subject to random drug testing as a condition of continued eligibility. This also applies if the county agency has other reliable verified documentation supporting its position about a unit member's drug conviction that was committed within 10 years from the date of application or recertification.

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, or the county is informed by a probation officer or other official entity that the client has failed a drug test, he/she is subject to the following sanctions: ● 1ST OCCURRENCE:

Reduce the household's SNAP allotment by 30%. The sanction ends on the 1st of the month after the month the client can document that he/she has passed the drug test.

Before imposing the above sanction, the worker 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.

NOTE: Do not apply a sanction for cases with prorated benefits.

● 2ND OCCURRENCE:

The unit member who failed the drug test is permanently disqualified from the SNAP program. Count any income of the disqualified unit member in the home to the assistance unit. See 0016.03 (Income from Disqualified Unit Members).

Before disqualifying the client and sending a notice of adverse action, the worker must contact the client to identify other food resources that may be available and to inform the client of his/her appeal rights.

This policy is not programmed in MAXIS. See TEMP Manual TE13.043 (SNAP Drug Felon Cooperation) for the workaround.

Note: The penalty for failing to appear for a drug test (no-show), is not the same as appearing for a drug test, then failing the test. If a SNAP recipient does not show up for a scheduled drug test, the person who failed to appear for the test is ineligible for SNAP. If the person who failed to appear for the drug test is the only unit member, the case is closed. The person can regain SNAP eligibility by taking and passing the drug test. The person may need to re-apply or request to be added back to the case, but must verify they passed the drug test prior to being approved on SNAP again. This verification cannot be postponed before approving expedited SNAP. See 0008.06.07 (Adding a Person to the Unit – SNAP). A failed drug test is the only time the sanction process outlined above is applied.

Categorical SNAP eligibility does NOT exist for a unit member that becomes ineligible due to failing the 2nd drug test. If there are other eligible SNAP unit members in the SNAP unit, follow the general provisions in 0008.06.09 (Removing a Person From the Unit). If there are no other SNAP unit members, close the SNAP case. See 0026.12.03 (10 Day Notice).

If the convicted person is NOT a part of the assistance unit, do NOT impose the sanction.