104.482 Completion of the Criminal History Inquiry form

The CAO must require completion of the Criminal History Inquiry (PA 1665) form by an applicant or recipient who gives a “YES” response to the criminal history questions on the PA 600 or PA 600R . The CAO must proceed as follows:

A person is ineligible if the answer to any question indicates that they have not satisfied their penalty. For example, the person has not completed the required period of incarceration and either has not paid all criminal fines, costs, and restitution or is not currently in compliance with an approved payment plan. The person may be eligible for Cash Assistance if they have either made full payment of all fines, costs, and restitution or are in compliance with an approved payment plan.

NOTE: There is no need to reverify information that has been previously verified, such as past convictions in which the person paid all fines, cost, and restitutions. If the person has ongoing fines and costs, the CAO must reverify compliance at each renewal or when the CAO receives information that the person is out of compliance.

A person is ineligible if the answer to any question indicates that they are on probation or parole and have not paid all fines, costs, and restitution or are not in compliance with an approved payment plan. The person may be eligible for Cash Assistance if they are in compliance with all terms of their probation or parole.

62 P.S. 432(9)

NOTE: The court or other authority that established the payment plan is responsible for determining if the person is in compliance with the plan. A person is ineligible for Cash Assistance if they owe fines, costs, or restitution and do not have an approved plan. The CAO should advise the person to contact the court or other authority to establish a payment plan.

A person is ineligible if the answer to any question indicates that they have failed to appear as a defendant at a criminal court proceeding when issued a summons or failed to comply with a bench warrant. The person is ineligible until they comply with the summons or bench warrant.

62P.S. 481.1

NOTE: The issuing authority determines whether a person is in compliance with a summons or warrant.

A person is ineligible if the answer to any question indicates that they are currently fleeing to avoid prosecution, custody, or confinement following a conviction for a felony or for a high misdemeanor in New Jersey.

55 Pa. Code § 141.21(t)

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

If a person’s answer to any question indicates that they have been convicted of a felony offense for conduct occurring after August 22, 1996, related to the conviction involving possession, use, or distribution of a controlled substance, then a determination of whether the person has a current drug problem is required. If assessment or treatment is required based on the person’s statement, current participation in a treatment program, or other current substantial evidence, the person must comply with assessment and treatment unless there is good cause for not complying.

62 P.S. 405.1

A person whose answer indicates that the penalty was satisfied must provide verification documentation.

A person whose answer indicates that they have complied with a summons or bench warrant they must provide verification documentation. Verification documentation includes the following:

Written evidence from a local magistrate's office, court official, or law enforcement agency.

Written evidence from another county or state, court official, or law enforcement officer.

Written evidence from a parole or probation officer.

The CAO may use information provided directly by other official sources, such as a court official or law enforcement agency, to verify compliance with the above requirements. See "Using IEVS," Chapter 13, Exchange 10-CJIS.

The CAO is encouraged to communicate directly with any local official source that may be used to get verification.

NOTE: The CAO worker should always be careful when information is recieved about a person who has not complied with a summons or a bench warrant to appear as a defendant at a criminal court proceeding. Consult the appropriate law enforcement agency on how to proceed.

A person is ineligible for benefits if satisfactory documentation is not provided within 30 days of receipt of a completed application or 15 days from the renewal date. The person may reapply for benefits when the required documentation is available.

NOTE: The burden of proof is on the person, including, if applicable, providing documents that verify compliance with an approved payment plan.

The CAO worker must review the documentation to determine whether the person has satisfied all penalties or is in compliance with an approved payment plan, whichever applies. If the documentation does not establish that the person has satisfied all penalties or is in compliance with an approved payment plan, the person is ineligible for TANF until they verify that all penalties are satisfied , or they are in compliance with an approved payment plan.

The CAO must issue the appropriate notice to the person, using the correct 62 P.S. or 55 Pa. Code citations.

The CAO must use the special "criminal history" reason codes when basing ineligibility exclusively on information provided on the Criminal History Inquiry form (PA 1665) form .