Prohibition Against the Payment of Temporary Assistance to a Person Who Has Been Convicted of Certain Felony Drug Offenses

PURPOSE: This rule prohibits the payment of Temporary Assistance to a person who has been convicted of certain felony drug offenses. (1) For the purpose of the administration of the Temporary Assistance Program the Division of Family Services shall not provide assistance to or on behalf of an individual who has been convicted (under federal or state law) of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the possession, use or distribution of a controlled substance (as defined in section 802(6) of Title 21, United States Code). (2) The amount of assistance that would otherwise be required to be provided under the Temporary Assistance Program to the family members of an individual to whom section (1) applies shall be reduced by the amount which would have otherwise been made available to the individual who has been convicted of such an offense. (3) For purposes of the administration of this rule, the prohibition contained within this rule shall not apply to convictions arising out of offenses occurring prior to the effective date of United States Public Law 104-193 on August 22, 1996. (4) For purposes of the administration of this rule, each individual applying for benefits under the Temporary Assistance Program shall be required in the application process to state, in writing, whether the individual, or any member of the household of the individual, has been convicted of a crime described in section (1) of this rule. AUTHORITY: sections 207.020 and 208.040.5, RSMo 1994.* Emergency rule filed Feb. 18, 1998, effective March 1, 1998, terminated Aug. 10, 1998. Original rule filed Jan. 16, 1998, effective Aug. 1, 1998. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993 and 208.040.5, RSMo 1949, amended 1955, 1969, 1982, 1985.