Determine if Participant Meets a SNAP Drug Conviction Exception

 

Complete the Drug Conviction Determination Worksheet (IM-366), with the participant to determine if they meet an exception.

 

Verifying a Drug Conviction Exception requires verification at each step. Verification requirements differ depending on how long it’s been since the participant has been convicted or has been in custody for a drug offense:

    • If it’s been less than 3 years, documentary evidence of all exception factors is required
    • If it’s been longer than 3 years, CS is acceptable verification for everything except urinalysis results.

 

Once verified, no new verification is needed, unless a new drug conviction is received, even if the case closes or the application is rejected

 

 

 

Step 1: When a participant answers yes to a drug declaration question, complete Name and Address, then Section A

    • Does the participant have a total of 3 or more felony drug convictions since 8/22/1996?
        • If Yes, STOP, they are not eligible for the exception
        • If No, and the participant has not been in custody for or been convicted of a controlled substance offense within the last 3 years, continue to Step 2
        • If No and the participant has been in custody for or convicted of a controlled substance offense less than 3 years ago, request/obtain verification and then continue to Step 2
            • HC
                • For Missouri convictions, review Case.net- Missouri Courts to verify number of convictions since 8-22-96
                • For convictions in other states:
                    • Request a statement from the appropriate court or the other state’s Probation and Parole from the individual
                    • Make telephone contact with an employee of the court or the other state’s Probation and Parole
                    • VINELINK may help locate the courts in other states

NOTE: The individual must not have an additional controlled substance misdemeanor or felony within one year of release from custody, or within one year after the date of conviction if the participant was not committed to custody. The individual must have no more than one subsequent felony drug conviction at any time after the first felony drug conviction.

 

Step 2: Complete Sections B, C, D and E on the IM-366

    • Is the participant enrolled in, participating in or has completed a substance abuse treatment program, or has it been determined they do not need substance abuse treatment?
        • If Yes, to at least one question in Section B, C, D or E, request/obtain verification and then continue to Step 3
            • HC, acceptable verification includes, but is not limited to:
                • Substance Abuse Treatment Programs form completed by the substance abuse treatment program provider see IM-Memo 77, 2014 for details
            • If No, STOP, they are not eligible for the exception
                • Enter their disqualification on SANDISQ
                • Accept CS, not eligible

NOTE: Unless the individual has been determined by a certified treatment provider to not need substance abuse treatment, he/she must actively pursue treatment. The individual must have satisfactorily completed treatment, is currently participating in treatment, or is enrolled and on a waiting list to begin treatment in an approved substance abuse treatment program approved by the Division of Behavioral Health (DBH).

 

Step 3: Complete Section F

    • Is the participant complying with all conditions of their probation/parole?
        • If Yes, request/obtain verification and then continue to Step 4
            • HC, acceptable verification includes, but is not limited to:
                • IM-367 Current Probation And Parole/Court Compliance form to be completed by the individual’s probation or parole officer or court official

OR

                • IM-368 Discharged Parolee form (FSD emails the form to Department Of Corrections, Board of Probation & Parole Custodian of Records)

OR

 

Step 4: Complete Sections G & H

    • Does the participant have additional controlled substance misdemeanor or felony offenses within one year of the first date of conviction or release from custody?
        • If Yes to G or H, STOP, they are not eligible for the exception
            • Enter their disqualification on SANDISQ
            • Accept CS, not eligible
        • If No, continue to Step 5

 

Step 5: Complete Section I

    • Can the participant demonstrate sobriety through urinalysis?
        • If Yes, participant is eligible for the exception request/obtain verification
            • Once all acceptable verification has been received, fastpath to SANDISQ, and confirm:
                • Cat field shows EXC
                • Scnd Ver field shows AVR
        • If No, or if the participant refuses testing they are not eligible for the exception
            • Enter their disqualification Sanction/Disqualification on SANDISQ
            • Accept CS, not eligible

NOTE: The individual must provide the official results of a negative urinalysis drug test administered by an appropriate professional with a testing date after the date of the individual’s last felony or misdemeanor conviction plea. (The cost of testing is the client’s responsibility; FSD will not pay for testing)

NOTE: If a participant tests positive for marijuana in a urinalysis staff must send an IM-14 to Policy for clearance before granting the exception. If the participant has a medical marijuana card, send a copy of the card with the IM-14. If there are positive results for other drugs the participant has a prescription for, send an IM-14.

 

Step 6: Documentation

    • If the participant completed the IM-366, scan a copy to ECM; it is maintained as part of the case record
    • If staff completed the IM-366 via telephone, document responses in a comment on SANDISQ