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FOOD AND NUTRITION SERVICES CERTIFICATION

ELIGIBILITY REQUIREMENTS FNS 270 CONTROLLED SUBSTANCE FELONS

5 Section 270 Change #18-2021 September 20, 2021 A. For those individuals convicted in North Carolina determine the classification of the controlled substance felony as follows: 1. Use available information in the Department of Corrections Inquiry. 2. Contact the individual’s parole or probation officer. 3. Use any resource available to your agency such as contacting the Clerk of Court. (Sometimes the Clerk of Court can provide a criminal record check with the full name of the individual; however, there may be a fee charged for this service.) B. At application, reapplication, full recertification, and when a new household member is reported. Address the following questions: 1. Has anyone in your home been convicted since August 22, 1996, of a controlled substance felony offense that was committed on or after August 23, 1996? If the answer to this question is “no,” accept the FNS unit’s written statement at application, reapplication, or recertification, unless questionable. Accept the FNS unit’s verbal statement if a change in household composition is reported by telephone, and the FNS unit indicates that no FNS unit member has a controlled substance felony. 2. Was the conviction classified as a Class H or Class I controlled substance felony charge? Note: Individuals who have been convicted of a felony class other than H or I continue to be permanently disqualified from participating in FNS. 3. Was the conviction in North Carolina? Note: Individuals who have been convicted outside North Carolina continue to be permanently disqualified from participating in FNS. 4. Has it been at least six months since their release from custody, or if they were never committed to custody, has it been six months since the date of conviction? If the answer to any or all of the above questions is “yes,” verify the individual’s status as a Class H or I controlled substance felon. Verify that the individual has not been convicted of any other controlled substance felony offense during the six-month period of ineligibility. If the FNS unit answers no to all of the questions, determine eligibility based on eligibility criteria discussed in Section 200, Eligibility Requirements.