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TANF POLICY MANUAL

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2. Method of Determination During the interview, the ES Worker must ask if any BG member has been convicted of a drug related felony due to a violation which occurred after August 22, 1996, and may accept the response of the A/R as verification. The response must be documented in the case record.

NOTE: If the conviction is overturned or expunged from the client's record, or the client is pardoned in state or federal court, the disqualification ends.

3. ES Worker Actions If the A/R is convicted of a felony drug related offense which occurred after August 22, 1996, the ES Worker will take the following actions: A. Disqualify the individual, allowing timely notice. The income of the disqualified individual is counted in its entirety, less the earned income disregard, if applicable, in determining the eligibility of the remaining BG members. B. Set up a protective payee if the individual is the parent/caretaker relative. (See 11.3) C. Notify Child Welfare Services (CWS) of the conviction on DSS Form 1601, Referral to Human Services. • For initial application, a referral should be made to Child Welfare Services if the client has a felony drug related conviction which occurred after August 22, 1996.

• If it is determined during the certification period that the client has a disqualification but a referral has not been made to Child Welfare Services, the referral must be made at the time of discovery.

• For reapplication and redetermination, a referral should be made to Child Welfare Services if there is an indication of a new conviction or violation; or if there is no documentation of a referral to Child Welfare Services at the initial application for an existing conviction or violation.

4.14 Fleeing Felons, Probation and Parole Violators Any individual meeting the definition of fleeing felon, probation violator or parole violator may not be included in the TANF BG.

NOTE: The disqualification ends if the individual is granted a pardon for the conduct by the President of the United States.

1. Fleeing Felon An individual fleeing to avoid prosecution, or custody or confinement after conviction of a felony.

2. Probation A punishment for committing a crime that allows an individual to spend less time in jail or avoid jail time altogether by meeting certain rules, which may include: a. keeping appointments with his/her probation officer, b. passing drug tests,