104.481 CAO responsibilities

The CAO must clearly explain the following criminal history eligibility requirements to all applicants and recipients.

The following persons may not receive Cash Assistance:

A person who has been sentenced for a felony or misdemeanor offense (not a summary offense ) and has not satisfied the penalty imposed by law or who is violating parole or probation.

62P.S. 432(9)

“Satisfied the penalty” means completed the period of incarceration and paid or is in compliance with a plan to pay all fines, costs, and restitution. It does not apply to a juvenile, unless they were tried and convicted as an adult outside the juvenile court system.

An exception is granted to a person who is in violation of probation or parole but has received a presidential pardon.

A person on probation may be subject to monthly supervisory fees. Nonpayment of this fee does not affect eligibility.

NOTE: A person who is under house arrest is not eligible for Cash Assistance, with the following exceptions:

A person under house arrest or on electronic monitoring (a form of house arrest) as a term of probation or parole. If otherwise eligible, the person may receive Cash Assistance as long as they are meeting probation or parole requirements.

A person under house arrest or on electronic monitoring while waiting for trial or sentencing. If otherwise eligible, the person may receive Cash Assistance, because they have not been convicted or sentenced.

A person who has been summoned to appear as a defendant at a criminal court proceeding and fails to comply with the summons or bench warrant. Failure to appear does not apply to a person summoned to appear as a defendant in juvenile court.

62P.S. 481.1

A person who has been convicted of welfare fraud and is applying within six months from the date of a first conviction, twelve months from the date of a second conviction, or permanently from the date of a third conviction. See Section 104.47 .

62P.S. 481.1

55 Pa. Code § 141.21(s)

A person who has been convicted in federal or state court of fraudulent misrepresentation of where they live in order to receive Cash Assistance, Medical Assistance, SNAP benefits, or Supplemental Security Income from two or more states (ten-year disqualification).

42 U.S.C. 608(a)(8)

55 Pa. Code § 141.21(u)

A person who is fleeing to avoid prosecution, custody, or confinement following a conviction for a felony or for a high misdemeanor in New Jersey. An exception is granted if the person has received a presidential pardon.

42 U.S.C. 608(a)(9)

55 Pa. Code § 141.21(t)

A person convicted of a felony offense for conduct that took place after August 22, 1996, related to the possession, use, or distribution of a controlled substance must agree to assessment and treatment based on his or her statement, current participation in a treatment program, or other current substantial evidence. For benefits to continue, the person must comply with assessment and treatment if the treatment is necessary, available, and appropriate, unless there is good cause for not complying . See Section 107.4 for the TANF referral process for assessment and treatment for substance abuse.

21 U.S.C. 862a

When reviewing a person’s criminal history status and determining eligibility, the CAO must be aware of the following:

Only civilian convictions are considered in determining eligibility. Military court convictions do not affect eligibility for benefits.

The Accelerated Rehabilitative Disposition (ARD) program does not involve a conviction or sentencing. A person who is satisfactorily participating in ARD may still be eligible to receive benefits. ARD status can change if the person fails to comply with the program requirements. Failure to comply with the program can lead to a conviction and sentencing, which may lead to ineligibility. The CAO should review the person’s status periodically.

Persons in the Probation Without Verdict (PWOV) program may be eligible for benefits during the probation period if they meet all requirements and are in compliance with the terms of their probation. Under the PWOV program, a person is actually convicted and placed on probation for a maximum of one year. If the person complies with the terms of probation, the record is expunged after probation ends.