Chapter 10: Disqualification, Termination and Discontinuance
I. Disqualification/Termination Procedures and Notification
Program violations are actions taken by CSFP applicants or participants, or caretakers of applicants or participants, to obtain or use CSFP benefits improperly. Violators are disqualified or terminated for a period up to 60 days.
The LA shall document in the participant’s chart the circumstances of the disqualification, and shall provide the participant with written notification at least 15 days before the effective date of disqualification. The notification will include the effective date and period of disqualification, the reason for the disqualification, and a statement that the individual may appeal the disqualification through the fair hearing process.
Reasons for disqualification include: (Reasons 1 – 4 listed constitute fraud.)
- intentionally withholding information or making false or misleading statements, orally or in writing, in order to obtain benefits to which the individual would not otherwise be eligible;
- altering program documents for the purpose of receiving increased benefits or for the purpose of transferring benefits to unauthorized persons;
- using supplemental foods in an unauthorized manner, such as trading or selling the food;
- intentionally committing dual participation in more than one CSFP program;
- missing two consecutive monthly food pick-ups. The Local Agency (LA) shall notify the participant in writing after the first missed food pick-up that failure to pick-up again may result in termination. [See Notification Letter, Exhibit A-4]
- persons not completing re-certification within a two month period; or
- physical abuse, or threat of physical abuse, of program staff.
Any individual who has fraudulently applied for and obtained program benefits and who would not be eligible otherwise, are to be terminated without prior warning. Reasons 1-4 above under Disqualification all constitute fraud. The LA shall document in the participant’s chart the circumstances of the termination and shall provide the participant with written notification at least 15 days before the effective date of termination. The notification will include the effective date and period of termination, the reason for the termination, and a statement that the individual may appeal through the fair hearing process.
Each eligible applicant or participant shall be provided an opportunity to make a statement on his or her behalf. The LA shall document this statement in the client's record. If the individual refuses to make a statement, the LA shall also note this in the record.
If the LA and DCF determine that a serious health risk will result from disqualification or termination from the program and the participant is currently eligible, DCF may waive the individual’s disqualification or termination from the program.
The LA shall document in the participant’s file the circumstances of the discontinuance, and shall provide the participant with written notification at least 15 days before the effective date of discontinuance. The notification will include the effective date, the reason for the discontinuance, a statement of the individual’s right to appeal through the fair hearing process, and that the program standards are applied without discrimination by race, color, national origin, age, sex, or disability.
Reasons for Discontinuance include:
- LA has not received proof of required documentation,
- LA has evidence that a participant is no longer eligible for benefits during the certification period; or
- LA does not have sufficient resources, such as a sufficient number of caseload slots, to continue providing benefits to the participant for the entire certification period. [See Waiting Lists Ch. 2]