Page 489

COMBINED MANUAL

ISSUE DATE 09/2018

DRUG FELONS

0011.27.03

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 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.