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 78-26-4 - Substance Abuse Treatment and Counselling Program Requirements

4.1. Upon assignment to treatment by a case manager, the applicant will have seven day to enroll in a treatment program. Should unforeseen circumstances prevent the applicant from enrolling in a treatment program within seven days, 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 enroll. The case manager shall have discretion to allow the applicant more than seven days to enroll. At the same time, the case manager will assign the applicant to a job skills program of the secretary's choosing.

4.2. Once an applicant is enrolled in a program he or she shall provide the case manager with weekly time sheets which have been provided to the applicant by the case manager. The applicant will also provide the case manager with weekly progress reports from the treatment program.

4.3. In similar fashion to the original drug test, the case manager will coordinate with the applicant to arrange for the applicant to be drug tested by a third-party vendor upon the completion of the treatment program. Again, such drug testing will be arranged by the applicant and the case manager and will be conducted by a third-party vendor pursuant to the provisions of subdivision 3.3.c. of this rule.

4.4. Upon successful completion of the substance abuse program, the applicant will be assigned to a new activity such as job searching, community college enrollment, or other similar activities to prepare the applicant for job placement.

4.5. The applicant shall continue to be subject to periodic, random drug testing.

4.6. Should an applicant referred for treatment refuse to enroll in a treatment program or participate in a job skills program, he or she is, subject to applicable federal law, ineligible for TANF benefits.

4.7. Any applicant referred for treatment who does not successfully complete both a treatment program and a job skills program is ineligible for TANF benefits, until successful completion of both programs.

4.8. If an applicant fails a random drug test after completion of the required programs, his or her receipt of TANF benefits shall be suspended until he or she successfully completes a second treatment program and job skills program, or for 12 months, whichever period shall be shorter.

4.9. An applicant's third positive drug test shall, subject to applicable federal law, render him or her ineligible for TANF benefits.