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. 6, June, 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.
14.1
Drug Screening
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.
14.2
Exemption
		  from Drug Screening and Testing Requirements
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.
14.3
Drug
		  Testing and Treatment
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.
14.4
Disqualification Related to Drug
		  Testing and Treatment Requirements
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.
14.5
Designating a Protective
		  Payee
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.
14.6
Appeal Drug Screening and Drug
		  Testing
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.
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