FNS is issuing this policy memo to clarify state options and requirements relating to the determination of fleeing felon status under Supplemental Nutrition Assistance Program regulations at 7 CFR 273.11(n).
Supplemental Nutrition Assistance Program regulations at 7 CFR 273.11(n) require state agencies to choose between two tests to establish fleeing felon status: the four-part test and the alternative test, often called the Martinez test. This policy memo clarifies changes in the Martinez test necessitated by the Walter Barry, et al. v. Nick Lyon decision of the United States Court of Appeals for the Sixth Circuit.
The attached questions and answers address the SNAP: Eligibility, Certification, and Employment and Training Provisions of the Food, Conservation and Energy Act of 2008 final rule.
This memorandum restates the FNS policy on the treatment of same-sex marriages with regard to Section 3(m)(2) of the Food and Nutrition Act of 2008, as amended.
SNAP Questions and Answers Concerning the Trafficking Controls and Fraud Investigations Final Rule
This memorandum provides guidance on the household status of same-sex married couples in light of the United States Supreme Court's June 26, 2013, decision in United States v. Windsor (Windsor) for purposes of Supplemental Nutrition Assistance Program (SNAP) eligibility.
In February, 2013, FNS published final regulations revising the definition of trafficking. It subsequently came to our attention that some states were not clear that upon its effective date, federal law takes precedence and states were expected to implement the new federal trafficking definition.
The increased focus on SNAP integrity has required FNS and the states to review their procedures for responding to integrity issues, specifically a clarification of FNS' responsibility when a state employee is found guilty of fraud while administering the program.
On March 19, 2012, FNS issued the memo titled Family Day Care Home Administrative Reimbursements: Options and Carryover Reporting Requirements, which described procedures for reporting fiscal year 2011 family day care home administrative payments and carryover. The present memo focuses on reporting family day care home carryover for FY 2012 and beyond.