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 78-26-5 - Other Adult Members, Dependent Children and Protective Payee

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

5.1. A protective payee may be designated for any applicant who is ineligible for TANF benefits due to:

5.1.a. The applicant's refusal to fill out a drug use questionnaire or participate in a drug test;

5.1.b. The applicant's refusal to participate in a treatment program; or

5.1.c. The applicant's second or third positive drug test.

5.2. Upon an ineligibility determination as provided in subsection 5.1., the applicant may designate a protective payee. The protective payee will receive TANF on behalf of the other eligible dependents in the applicant's household. The protective payee shall have a fiduciary duty to properly expend all TANF monies received on behalf of the other eligible dependents.

5.3. The applicant shall present the proposed protective payee to his or her case manager for approval.

5.4. The secretary shall require the applicant's designated protective payee to submit to the department's drug use questionnaire and, if the designated protective payee satisfactorily completes the questionnaire, he or she will be approved as a protective payee for the eligible dependents.

5.5. The secretary reserves the right to audit all usage of TANF monies by the protective payee.

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