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FOOD AND NUTRITION SERVICES CERTIFICATION

ELIGIBILITY REQUIREMENTS FNS 270 CONTROLLED SUBSTANCE FELONS

7 Section 270 Change #18-2021 September 20, 2021 EXAMPLE: The individual was convicted on April 4 and was not committed to custody. The earliest he could be added to the FNS case would be November 1. 270.03 REACTING TO CHANGES A. The FNS unit is not required to report a controlled substance felony conviction. If the FNS unit fails to report the conviction during the certification period, do not establish a claim as this is not considered a reportable change. B. If a substance abuse felony is reported by a third-party source, refer to Section 515 of the Food and Nutrition Services Certification Manual and follow the appropriate procedures for changes reported by a third-party source. C. When an individual’s disqualification period ends, treat as a change in situation. Add the individual to an ongoing case effective the first day of the month following the disqualification period. EXAMPLES: 1. Client applied for FNS benefits. Client was convicted on September 5, 1999, of a Class H controlled substance felony offense committed on June 15, 1999, in N.C. He was never incarcerated, and he has not been convicted of another controlled substance felony offense during the six-month waiting period. The AMHA determined that treatment is not necessary. If he meets all other eligibility criteria, the client may be eligible for FNS benefits effective March 5, 2000. 2. Client was convicted on September 5, 1999, of a Class I controlled substance felony offense committed on June 15, 1999, in N.C. He was incarcerated until December 1, 1999, and he has not been convicted of another controlled substance felony offense during the six-month waiting period. The AMHA determined that treatment is necessary. If he meets all other eligibility criteria and completes the treatment program, he may be eligible for FNS benefits effective June 1, 2000. 3. Client was convicted on September 5, 1999, of a Class H controlled substance felony offense committed on June 1, 1999, in Virginia. He is permanently disqualified from FNS because he has a drug-related felony outside of N.C. 4. Client was convicted on September 2, 1997, of a controlled substance felony offense committed on July 1, 1996. He is not disqualified from FNS because he committed the felony prior to August 23, 1996.