§ 20-76-705 — Standards in drug screening and testing pilot program

The drug screening and testing program shall include without limitation: (1) (A) A requirement that an applicant upon initial application for Temporary Assistance for Needy Families Program benefits or a current recipient of program benefits at annual redetermination shall be screened using an empirically validated drug screening tool. (B) If the result of the drug screening tool gives the Department of Human Services 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. (C) A refusal by an applicant or recipient to take a drug test shall result in lack of eligibility for program benefits for six (6) months; (2) A process for administering the cost of drug tests as follows: (A) If an applicant or recipient receives a negative result on a drug test, the cost of administering the drug test shall be paid by the department; (B) If an applicant or recipient receives a positive result on a drug test, refuses to enter a treatment plan, and receives a negative result on a drug test upon reapplying for benefits after six (6) months, the cost of administering the first drug test shall be deducted from his or her first program benefits, and the cost of administering the second drug test shall be paid by the department; (C) If an applicant receives a positive result on a drug test and enters a treatment plan, the cost of administering the drug test shall be deducted from his or her first program benefits; and (D) If a recipient receives a positive result on a drug test and enters a treatment plan, the cost of administering the drug test shall be deducted from his or her first program benefits after redetermination; (3) (A) A referral process for any applicant or recipient who receives a positive result on a drug test to be referred to an appropriate treatment resource for drug abuse treatment or other resource by the department for an appropriate treatment period as determined by the department. (B) Evidence of ongoing compliance during the determined treatment period shall be required. (C) If an applicant or recipient is otherwise eligible during the treatment period, the applicant shall receive program benefits; (4) A requirement that a refusal to enter a treatment plan or failure to complete the treatment plan by an applicant or recipient who receives a positive result on a drug test shall result in lack of eligibility for program benefits for six (6) months; (5) (A) A requirement that an applicant or recipient be tested using the no less than five-panel drug test upon the conclusion of the determined treatment period. (B) If an applicant or recipient receives a positive result on the no less than five-panel drug test or any subsequent drug test, the applicant shall be ineligible for program benefits for six (6) months. (C) If an applicant or recipient who has failed a drug test reapplies for program benefits, the applicant or recipient shall test negative for illegal use of controlled substances in order to receive program benefits, and the department may provide a referral to an appropriate treatment resource for drug abuse treatment or other resource; and (6) (A) A requirement that a dependent child's eligibility for program benefits shall not be affected by a caretaker relative's ineligibility due to positive results on a drug test. (B) An appropriate protective payee shall be designated to receive program benefits on behalf of the dependent child.

Legislative History

Amended by Act 2023, No. 832,§ 26, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 555, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 554, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 553, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 552, eff. 7/1/2019. Amended by Act 2017, No. 314,§ 8, eff. 8/1/2017. Amended by Act 2017, No. 314,§ 7, eff. 8/1/2017. Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.