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FOOD AND NUTRITION SERVICES CERTIFICATION

ELIGIBILITY REQUIREMENTS FNS 270 CONTROLLED SUBSTANCE FELONS

2 Section 270 Change #18-2021 September 20, 2021 D. Client’s Statement: 1. Applicants are required at application and recertification to sign a statement declaring whether any FNS unit member has been convicted of a drug-related felony committed on or after August 23, 1996. The statement is included in all state approved applications and recertification forms. 2. Impose disqualification based on client's statement of ineligibility or upon verification through Department of Correction OVS or other reliable sources. 270.02 EXCEPTIONS TO PERMANENT DISQUALIFICATION A. An individual convicted of a Class H or I felony that involved possession, use, or distribution of a controlled substance committed on or after August 23, 1996, in North Carolina may reestablish eligibility for FNS benefits if they meet both conditions listed in 1 and 2 below: 1. Met the Minimum Disqualification Period; and a. Individuals that were committed to custody may regain eligibility for FNS benefits six months after release from custody, if all other requirements are met. Example: Joe Doe was convicted of a Class H felon in North Carolina on June 5th. Joe was committed to custody and later released on August 3rd. The minimum disqualification period for Joe is August 3rd to February 2nd. Joe may regain eligibility effective February 3rd. b. Individuals that were never committed to custody may regain eligibility for FNS benefits six months after the date of conviction, provided there has been no additional controlled substance felony convictions within six months of the first conviction and all other requirements are met. Example: Joe Doe was convicted of a Class H felon in North Carolina on June 5th. Joe was put on probation and was never committed to custody. The minimum disqualification period for Joe is June 5th to December 4th. Joe may regain eligibility effective December 5th. c. If an individual is convicted of more than one Class H or Class I controlled substance felony over a period of time, the six-month disqualification rule still applies from the date of the most recent conviction. Example: Joe Doe committed a Class H felon on June 5th and another on July 20th. Joe was convicted for both charges North Carolina on August