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FOOD AND NUTRITION SERVICES CERTIFICATION
ELIGIBILITY REQUIREMENTS FNS 270 CONTROLLED SUBSTANCE FELONS
3 Section 270 Change #18-2021 September 20, 2021 25th. Joe was put on probation and was never committed to custody. The minimum disqualification period for Joe is August 25th to February 24th. Joe may regain eligibility effective February 25th. d. If a subsequent conviction of a Class H or I controlled substance felony occurs during the six-month disqualification period, the individual is ineligible to receive FNS benefits until six months has elapsed from the most recent conviction. 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 committed another Class H felon in North Carolina on November 6th and was convicted on December 3rd and placed on probabtion. Joe’s new minimum disqualification period is December 3rd to June 2nd. Joe may regain eligibility effective June 3rd. e. If an individual is convicted of a violation of probation or parole related to a Class H or I controlled substance felony the six-month disqualification period begins with the original date of conviction or release, not from the date of the probation or parole violation. 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. Joe was found in violation of his probation and committed to custody on August 3rd and released on September 3rd. Because Joe was committed to custody for probation violation and not a drug charge, Joe’s minimum disqualification period does not change. The minimum disqualification period is June 5th to December 4th. 2. After serving the minimum disqualification period per FNS 270.02 A. 1. the individual may regain eligibility if they meet the following requirements: a. The individual cannot be determined eligible to receive FNS benefits until notice of compliance is received from the Area Mental Health Authority (AMHA). Only the AMHA may determine if the controlled substance felon has meet the requirement to participate. b. Individuals already participating in drug and alcohol treatment programs must be referred to the AMHA for evaluation.