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.
On Dec. 22, 2009, Puerto Rico passed Law 191 of 2009 that voids all Puerto Rican birth certificates issued prior to July 1, 2010. Current Puerto Rican birth certificates remain valid until the July I, 2010 effective date of the new law. As a result of this recent legislation, FNS has been asked to provide guidance to state agencies as to the treatment of voided Puerto Rican birth certificates for SNAP purposes.
On June 21, 2010, Food and Nutrition Service issued policy guidance on how to treat household members whose Puerto Rican birth certificates were voided under Puerto Rico Law 191 of 2009. The SNAP policy was to go into effect July 1, 2010 to coincide with the effective date of the new law.