West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-26 - Pilot Program for Drug Screening of Applicants for Cash Assistance
Section 78-26-2 - Definitions

2.1. Applicant --means a person who is applying for benefits from the Temporary Assistance for Needy Families program.

2.2. Case manager --means a person employed by the department with responsibility for making a reasonable suspicion determination during the application process for Temporary Assistance for Needy Families.

2.3. Department --means the Department of Health and Human Resources.

2.4. Drug screen or drug screening --means any analysis regarding substance abuse conducted by the Department of Health and Human Resources on applicants for assistance from the Temporary Assistance for Needy Families program.

2.5. Drug test or drug testing --means a drug test which tests urine for amphetamines (amphetamine and methamphetamine) cocaine, marijuana, opiates (codeine and morphine), phencyclidine, barbiturates, benzodiazepines, methadone, propoxyphene and expanded opiates (oxycodone, hydromorphone, hydrocodone, oxymorphone).

2.6. Drug use questionnaire -- means an assessment tool to be used by case managers to ascertain if there is reasonable suspicion that an applicant is abusing drugs. The questionnaire uses a point-based system to assist the case manager in determining if there is reasonable suspicion.

2.7. Protective payee --means an individual over age 18 designated to receive public assistance payments for the eligible dependents of another personwho is ineligible for benefits for himself or herself. The protective payee may be an immediate family member of the applicant.

2.8. Reasonable suspicion --means a score on the drug use questionnaire that indicates the possibility of substance abuse. Reasonable suspicion is also achieved if an applicant has been convicted of a drug related offense within three years of completion of the drug use questionnaire.

2.9. Secretary --means the secretary of the department or his or her designee.

2.10. Substance abuse -- means the use of prescribed or over-the-counter medications used in excess of the recommended dosages, or the use of illegal substances. Substance abuse also includes any non-medical use of prescribed or over-the-counter medications.

2.11. Treatment program --means any substance abuse treatment and counseling program which is licensed by the state of West Virginia and regulated pursuant to 64 CSR 11,69 CSR 11, 69 CSR12.

2.12. Temporary Assistance for Needy Families program (TANF) --means assistance provided through ongoing cash benefits pursuant to 42 U.S.C. § 601 et seq., operated in West Virginia as the West Virginia Works Program pursuant to W. Va. Code § 9-9-1 et seq.