770-7 INELIGIBLE DRUG FELONS

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;

A.   Is satisfactorily serving or has successfully completed a period of probation or parole.

B.   Is in the process of serving, or has successfully completed, mandatory participation in a drug or alcohol treatment program.

C.   Has taken action toward rehabilitation, including participation in a drug or alcohol treatment program.

D.   Is successfully complying with the requirements of the person’s re-entry 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 waitlist 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 established in (A. - D.) above. ATAPAlaska Temporary Assistance Program benefits may only be denied for the non-compliant individual.

Please refer to ATAPAlaska Temporary Assistance Program MSManual Section 700-4A(1) for guidance regarding verification of information.

The needs, resources, and income of all household members who would be required to be in the mandatory filing unit must be considered in determining eligibility.  If eligibility exists for the entire unit then the ineligible drug felon parent is excluded from the ATAPAlaska Temporary Assistance Program payment determination, but their income and resources are counted.

Ineligible drug felon parents may voluntarily develop, sign and comply with a FSSPFamily Self-Sufficiency Plan.  Ineligible drug felon parents must be referred to a Work Services case manager in order to receive the opportunity to volunteer.