North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-02 - Economic Assistance
Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program
Section 75-02-01.2-72.1 - Denial of assistance for fugitive felons, probation andparole violators, and certain convicted drug offenders

Current through Supplement No. 394, October, 2024

1. An individual may not be included in the cash grant if the individual is:

a. Fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or which, in the case of the state of New Jersey, is a high misdemeanor under the laws of such state; or

b. Violating a condition of probation or parole imposed under federal or state law.

2. An individual may not be included in the cash grant for a period of seven years from the date of the most recent felony conviction, if the individual is convicted of a felony offense for an act which occurred after August 22, 1996, which has as an element the possession, use, or distribution of a controlled substance as defined in section 102(6) of the Controlled Substances Act [21 U.S.C. 802(6) ]. The disqualification does not apply to alcohol-related convictions.

3. During any period of disqualification:

a. The individual's needs may not be taken into account when determining the household's need and amount of assistance;

b. All assets and income of the disqualified individual, including gross earned income, must be considered available to the household; and

c. Income disregards may be provided for the disqualified individual when determining if the remaining household members are eligible.

General Authority: NDCC 50-09-02, 50-09-25

Law Implemented: NDCC 50-09-02; 50-09-29

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