Arkansas Administrative Code
Agency 208 - Department of Workforce Services
Rule 208.00.15-005 - TANF Drug Screening and Drug Testing
Current through Register Vol. 49, No. 9, September, 2024
Written response to comply with Ark. Code Ann. 25-15-204(e)(4)
Below are responses specifically related to question 7 of the Financial Impact Statement.
1. The basis and purpose of the rule is to meet the requirements of Act 1205 of 2015 regarding Drug Screening and Drug Testing pilot program for the TANF program.
2. As outline in Act 1205 of 2015, the proposed rule seeks to drug screen applicants and recipients that live near other states that require drug screening or drug testing as a requirement to receive TANF benefits
3. Act 1205 of 2015 requires the pilot program at a minimum to include applicants and recipients in the following bordering Counties: Mississippi, Missouri, Oklahoma, Tennessee and other states bordering Arkansas with a drug screening or drug testing program for the TANF program. This rule would allow the agency to accomplish this requirement.
4. The alternative would be not to drug screen or drug test applicants and recipients
5. If there are any public comments, they will not be available until the comment period ends September 8, 2015.
6. The proposed rule seeks to enhance existing rules regarding the receipt of TANF benefits to comply with Act 1205 of 2015.
7. This is a two year pilot program with an annual reporting requirement regarding the status of the program with specific reporting requirements outlined in Act 1205 of 2015.
SUMMARY OF CHANGES
Drug screening of TEA and Work Pays applicants and current recipients that are otherwise eligible during their respective determination or redetermination based on screening whether there is reasonable cause to believe the applicant engages in the use of drugs shall be conducted after December 31, 2015. If the result of the drug screening indicates a reasonable suspicion to believe that the applicant or recipient has engaged in the use of drugs, then the applicant or recipient shall be required to take a drug test.
The only changes made after the initial filing were adding the Policy Directive number TEA 15-02 and the staff to contact if there are inquiries related to the policy directive.
Section 14 Drug Screening and Drug Testing Pilot Program
Two year pilot program for drug screening of all TEA and Work Pays applicants and current recipients that are otherwise eligible shall be conducted after December 31, 2015, in accordance with Arkansas Act 1205 of 2015. During their respective eligibility determination or redetermination, the drug screening will be used to determine whether there is reasonable cause to believe the applicant or current recipient engages in the use of drugs. The TEA and Works Pays drug screening and testing program is separate from any employer-required drug screening and/or drug testing. Drug testing information shall be kept confidential.
Applicants and recipients that are otherwise eligible shall submit a completed drug screening questionnaire as a part of the eligibility determination or redetermination for TEA and Work Pays benefits. Refusal and/or failure, without good cause, to submit a completed drug screening questionnaire shall result in denial of the application or ineligibility of recipient.
If the result of the drug screening indicates a reasonable suspicion to believe that the applicant or recipient has engaged in the use of drugs, then the applicant or recipient shall be required to take a drug test.
The following are exempt from the drug screening and testing requirement:
* A dependent child under eighteen (18) years of age unless the dependent child is a parent who is also an applicant for the TEA and Work Pays Programs and who does not live with a parent, legal guardian, or other adult caretaker relative.
* An entity or individual participating in the Career Pathways Program or Community Investment Initiative under the TEA and Work Pays Programs.
If the applicant or recipient that is otherwise eligible tests positive for drugs, the drug testing entity will administer a confirmation test, which re-tests the same urine sample from the initial positive test. The results of the confirmation test will determine whether the program refers the applicant or recipient for a substance abuse evaluation and treatment. The applicant or recipient will be able to present a prescription for any medication she/he is taking to the drug testing entity for review in conjunction with any positive test results.
A refusal to take a drug test shall result in the applicant's or recipient's ineligibility for TEA and Work Pays benefits for six (6) months.
If the applicant that is otherwise eligible complies with drug testing and/or treatment requirements, the applicant may be eligible for TEA and Work Pays benefits. The applicant or recipient complying with the substance abuse evaluation and treatment/recovery plan may continue to receive benefits for duration of the program treatment not to exceed six (6) months.
After the six (6) months of treatment or disqualification, the applicant or recipient that is otherwise eligible will be re-tested. If the applicant or recipient tests positive for drugs in a subsequent drug test, validated by a confirmation test, the applicant or recipient that is otherwise eligible shall be ineligible to receive TEA and Work Pays benefits for six (6) months from the date of the positive confirmation test.
If an applicant or recipient that is otherwise eligible and is found ineligible to receive TEA and Work Pays benefits as a result of a positive drug test or failure to begin, participate in, and/or complete the drug treatment/recovery support resource program, that applicant or recipient shall not be eligible for benefits and removed from the benefit unit. However, the dependent child's eligibility for TEA and Work Pays benefits shall not be affected.
ADWS or authorized agency shall designate a protective payee, either a caretaker relative or legal guardian of the child, to receive the dependent child's TEA benefits. No person who is the applicant for or recipient that is otherwise eligible for TEA and Work Pays benefits and tests positive for the use of drugs shall serve as a protective payee.
An applicant or recipient that is otherwise eligible may appeal any denial of eligibility for TEA and Work Pays benefits as a result of drug screening or drug testing in accordance with appeal procedures in the TEA Policy manual.
