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 78-26-3 - Drug Screening Process

Universal Citation: 78 WV Code of State Rules 78-26-3

Current through Register Vol. XLI, No. 38, September 20, 2024

3.1. Upon application for TANF benefits all applicants will be provided a drug use questionnaire to complete. Applicants will be required to swear or affirm as to the veracity of their answers and will be subject to prosecution for fraud or suspension from the program for 12 months, or both, for providing false information in accordance with department policies. Public databases may be consulted by the department to verify an applicant's answers.

3.1.a. Any applicant who has been convicted of a drug related offense within three years of filling out the questionnaire must indicate as such.

3.1.b. Any such drug related conviction shall be considered grounds for reasonable suspicion, for the purpose of referring the applicant for a drug test.

3.2. Should an applicant refuse to complete the drug use questionnaire, the applicant is ineligible for TANF benefits.

3.3. If the drug use questionnaire indicates reasonable suspicion, the applicant will be referred for a drug test.

3.3.a. The applicant and case manager will coordinate to arrange for the applicant to be drug tested by a third-party vendor.

3.3.b. The drug test must be completed by the applicant within 48 hours of the completion of the drug use questionnaire.

3.3.c. Should unforeseen circumstances prevent the applicant from completing a drug test within 48 hours, the applicant and the case manager will confer and the case manager will, if he or she deems it appropriate, allow the applicant additional time to complete the test. The case manager shall have discretion to allow the applicant more than 48 hours to complete the test. Second or subsequent requests by the applicant to reschedule a drug test will be decided by the case manager's supervisor.

3.4. Upon receipt of the drug test results, the case manager will:

3.4.a. Contact the applicant to advise him or her of the results.

3.4.b. If the results are negative, the application will be accepted and the applicant will be assigned an activity under the TANF program.

3.4.c. If the results of the drug test are positive, the application will be accepted and the applicant will be assigned to a treatment program and a job skills program as his or her activities under the TANF program.

3.5. Notwithstanding subdivision 3.4.c., any applicant who submits a positive drug test can avoid assignment to a treatment program if, immediately upon assignment to such a program, the case manager is informed by the applicant that he or she is in possession of a valid prescription for the type and quantity of drug(s) that created the positive test result. Within 24 hours of informing the case manager of possession of a valid prescription(s), the applicant shall produce the prescription.

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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