710-3          DISQUALIFYING CONDITIONS

A family is not eligible for ATAPAlaska Temporary Assistance Program if the family includes an adult who:

1. Fleeing Felon: Is determined to be fleeing to avoid prosecution, custody, or confinement after conviction for a crime that is classified as a felony or a class A misdemeanor;

Note:  

If a law enforcement officer provides the name of an individual which they verify is a felon fleeing to avoid  prosecution, or custody or confinement after conviction, or is violating a condition of probation or parole, the current residence address of the individual must be released to the officer.

2. Residence Fraud: Is convicted of having fraudulently misrepresented the family's residence in order to receive assistance from more than one state or tribal program funded under the federal TANFTemporary Assistance to Needy Families (Federal) program;
3. Job Quit: Has refused or voluntarily separated from suitable employment, refer to ATAPAlaska Temporary Assistance Program MSManual Section 722;
4. Transfer of Resources: Has transferred resources at less than fair market value for the purpose of establishing eligibility for ATAPAlaska Temporary Assistance Program, see ATAPAlaska Temporary Assistance Program MSManual Section 754-10); or
5. Striker:  Is participating in a strike on the last day of the month, which includes any strike or concerted work stoppage by employees and any concerted slowdown or other concerted interruption of operations by employees.
6. Drug Felon: Persons committing a crime on or after August 22, 1996, which results in a Federal or State felony conviction for possession, use, or distribution of a controlled substance (not including alcohol or tobacco) are ineligible for ATAPAlaska Temporary Assistance Program unless they are meeting one or more of the conditions listed below;

• Is satisfactorily serving or has successfully completed a period of probation or parole.
• Is in the process of serving or has successfully completed mandatory participation in a drug or alcohol treatment program.
• Has taken action toward rehabilitation, including participation in a drug or alcohol treatment program.
• Is successfully complying with the requirements of the person's reentry plan.

Individuals must meet one of the qualifying conditions for each drug felony conviction that occurred on or after August 22, 1996. If they have not met at least one of the four conditions listed above, the individual is ineligible for ATAPAlaska Temporary Assistance Program.

If the individual's compliance cannot be verified during the interview, a pend notice should be sent to the applicant requesting verification that they meet one of the requirements listed above.

Examples of acceptable verification include but are not limited to:

• Confirmation from the Department of Correction's Probation Office that the individual has successfully completed probation or parole (use Felony Verification Form GEN 157); or

• Confirmation from a drug and alcohol treatment program that the individual is successfully participating in a mandatory drug or alcohol treatment program; or

• Confirmation from a drug and alcohol treatment program that the individual has taken action towards rehabilitation, (example: is on a wait list for inpatient or out patient treatment); or

• Confirmation from a re-entry agency that the individual is comply with their re-entry agreement.

Note:

Children of drug felons may not have their ATAPAlaska Temporary Assistance Program benefits denied or closed if their parent fails to comply with the conditions in (1 - 4) established above. ATAPAlaska Temporary Assistance Program benefits may only be denied or closed for the non-compliant individual.

Please refer to ATAPAlaska Temporary Assistance Program MSManual Section 770-7 for additional information regarding ineligible drug felons and see Administrative Manual Section 105-1 for guidance regarding verification of information.