2260 TANF Suspicion-Based Drug Testing -The State of Kansas wants to assure TANF funds are spent for the needs of the children. This is to ensure that families are able to care for themselves in their own homes and that parents overcome dependence on governmental programs and become economically self-sufficient. The State of Kansas also must insure that public monies expended in the State are used by the recipients for their intended purposes and not for procuring controlled substances. Dependence on such controlled substances impedes these goals. The TANF suspicion-based drug testing program will allow parents to care for their children in their own home and enhance the opportunity to become self-sufficient families.


2260.1 Drug Testing Requirements Specific to TANF - Suspicion-based drug testing is mandatory for TANF applicants, recipients and payees when there appears to be unlawful use of a controlled substance or a controlled substance analog. Individuals not eligible for cash assistance such as SSI parents, caretaker relatives who do not request assistance for themselves, or ineligible aliens are not subject to the drug testing requirements. The definition of a controlled substance, and the list of such substances, is in K.S.A. 65-4105 and 65-4107. The definition of a controlled substance analog (K.S.A 65-4101) (bb)) is that which is intended for human consumption, has a chemical structure of which is substantially similar to the chemical structure of a controlled substance and which has a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to a controlled substance.

The following controlled substances and controlled substance analogs to be tested for:

 

Note: Alcohol is not a controlled substance and the following information does not pertain to reports of positive alcohol use. Any sign of alcohol abuse will follow current processes in place with screening and referral to SRCC. (See KEESM 3330.1)


2260.2 Cooperation with the Drug Testing Process - Failure to complete a drug test as requested by the case manager will be treated in accordance with KEESM 2260.7. A protective payee is to be named for the other members of the eligibility unit when the individual has refused to undergo drug testing. Refer to KEESM Section 1515 for more information regarding protective payees.


2260.3 Suspicion-based Indicators - Individuals who are believed to be unlawfully using controlled substances or controlled substance analogs are required to be tested for drug usage. The following are examples of indicators of unlawful use of drugs, especially when there is a combination of such observations:



This list is not all inclusive. However, staff must document the reason(s) a drug test is requested. All documentation must be in the case record and is not to be destroyed. This will allow for use in any appeal process.

 

Note: Individuals not eligible for cash assistance such as SSI parents, caretaker relatives who do not request assistance for themselves, individuals receiving RCA, or ineligible aliens are not subject to the drug testing requirements. Staff must not randomly select applicants and recipients for drug testing. There must always be a reasonable suspicion of illegal drug use.

 

2260.4 Drug Testing - Same day referrals are to be made to the drug testing site, using referral ES-4108. Date and time of the required test is to be indicated on the referral, ES-4108. When drug testing is not able to be completed on the same date, (E.g., the suspicion arises out of substantiated 3rd party report (PPS, employer, arrest records, internal fraud investigated report, etc)) and a referral is mailed, the drug test is to be requested allowing for mailing time (based on your local office mailing time). Unsubstantiated reports can include hotline referrals, hearsay information, etc. Referrals for drug testing will not be made on unsubstantiated reports. There may also be instances where a reasonable accommodation needs to be made for an individual due to geographic location or as needed to remain compliant with the ADA, which would not allow for same day testing. This is to be explored prior to scheduling an appointment. However, the Program Administrator may make an exception for a missed test using the claim of reasonable accommodation.

 

All appointment times will be confirmed with the testing site and indicated on the form itself.

 

Individuals must show a valid form of identification at the facility when arriving for drug testing. Acceptable forms of identification are:


Failure to present acceptable ID is to be treated as a refusal to drug test.


2260.5 Testing Negative for Illegal Use of a Controlled Substance - Once test results are received back from the vendor, results are entered into the electronic case file.

Client notification of the result of the test is required, ES-3110 or A719. Individuals who pass the drug test remain mandatory for future tests if they show indicators (SEE KEESM 2260.3)

2260.6 Testing Positive for Illegal Use of a Controlled Substance - The drug testing vendor will notify The Secretary of DCF or the Secretary’s designee of the positive drug test results. The results are entered into the electronic case file and PRAP will be coded with the appropriate code for first, second or third positive test. The Work Program Case will be changed from open to JO TR and WOPA codes will be entered for the on-going work component.

Notification is to be sent to the participant notifying them of the positive test result and that the participant is ineligible for assistance for the required time frame and information on what the requirements are to fulfill reinstatement to cash assistance. Client will be informed of the right to request a retest of the original sample, ES-3109. All retest costs are the responsibility of the customer.

For first positive drug test, the individual is ineligible until substance abuse treatment and a skills training course is complete. The individual may be added back to the case the month after the month of completion of substance abuse treatment and skills training (if on-going case). (SEE KEESM 2260.13)

For second positive drug test, the individual is ineligible for a period of 12 months and must undergo substance abuse treatment and a skills training course. The individual may be added back to the case the month after the month of completion of substance abuse treatment and skills training or the expiration of the 12 month period, whichever is later (if on-going case). (See KEESM 2260.13)

For third positive drug test, there is lifetime ineligibility for TANF assistance for the individual. (See KEESM 2260.13)


For all positive drug tests a protective payee is to be named for the household. See KEESM 1515 and 2260.9 for additional information on protective payees.

 

See KEESM 2550 for comparable disqualifications for food assistance for positive drug test.

 

Note: A positive drug test is not to be treated as a work program penalty.

 

2260.7 No Shows and Refusal to Cooperate with the Testing Process - The drug testing vendor will notify the Secretary of DCF or the Secretary’s designee when a participant does not appear for their scheduled test or does not cooperate with the drug testing process. Refusal to cooperate includes:

Applicants and Recipients who fail to submit to drug testing will be ineligible for TANF (unless there is an approved exception by the Regional Program Administration):

To regain eligibility after the first or second refusal, an individual must complete drug testing and if so indicated, skills training and substance abuse treatment.

 

Applicants who fail to submit to drug testing will be treated as follows:

Note: Applications are not to be held up for drug test results. Continue processing applications as per the BPM process.


Recipients who fail to submit to drug testing will be treated as follows:


See KEESM 2550 for comparable disqualifications for food assistance for failure to drug test.

Note: When a request for a suspicion-based drug test is made, a subsequent request for withdrawal or case closure does not override a drug test request. Case may close at client request, however the ineligibility for refusal to test is applied for the appropriate time. Send the referral to the contractor and the regional drug coordinator. Explain the consequences of the refusal to the applicant. Use closure code CH.

2260.8 Request for Retest - Any individual with a positive drug test result may request a retest of the original sample. If the client wants to pursue the retest, the client will be given the RDC’s contact information. The client is responsible for contacting the RDC to begin the retest process. The Work Program case manager will send the RDC an e-mail letting the RDC know the client should be making contact. The individual is responsible for the cost of the re-test reading unless the second result of the test is negative. If the results from the second test are negative, the individual is to be reimbursed the actual cost of the subsequent test. All re-tests must be completed by a nationally recognized drug screen provider. Submit the invoice to the regional drug coordinator for re-imbursement.



2260.9 Protective Payees -Individuals who fail a drug test or refuse a drug test are required to have a protective payee named to administer their cash benefits for their remaining household members. Use of the P-3, (Protective Payee form) with attachment to P-3 or V018 and V019, Protective Payee form is required, and is to be notarized by the payee at the DCF office. The individual must choose an individual outside their household as their protective payee. Protective payees are also subject to suspicion-based drug testing at their own expense. If the household cannot identify a suitable protective payee, the agency will identify one for them.


Individuals who are prohibited as a protective payee include those who:

Protective payees who test positive or refuse drug tests are not eligible to receive DCF sponsored substance abuse treatment or skills training. If the protective payee tests positive the agency will identify a new protective payee.


2260.10 Referral/Turnaround form for Substance Abuse Treatment - All applicants and recipients who test positive are to be referred for substance abuse treatment. Use of ES-4108 is required.

 

Treatment may include random testing and the results will not impact eligibility.

 

Individuals who do not successfully complete substance abuse treatment and skills based training remain ineligible for TANF assistance for themselves.


2260.11 Those not suitable for treatment as per SRCC:

2260.12 Skills Based Training - Skills based training will consist of completion of:


First positive drug test: Current KansasWorks Registration and:


Second penalty positive drug test:


Note: Once household hits their 24 months TANF they will no longer be involved with skills training. DCF will continue paying for ongoing training program for that semester that they entered before the TANF was closed.

2260.13 Regaining Eligibility - Individuals who successfully complete substance abuse treatment and skills training regain eligibility for TANF at the following times:


Individuals who refuse to test may regain eligibility for TANF at the following times:


If there is an on-going TANF case, they may be added to the assistance case the month following the month of meeting the above requirements.

If this is a new application, they may regain eligibility of either the application date or the first of the month after the expiration of the ineligibility period ends.

Recipients who have tested positive and have regained eligibility for TANF are subject to periodic testing if there is reasonable suspicion of on-going drug use. (KEESM 2260.3)


2260.14 Appeals - Appeals are to be handled in accordance with KEESM 1600 with three additional provision: All appeals must be forwarded to your regional legal counsel and to the region drug coordinator with appropriate documentation. In addition, contact the testing lab as the lab will need to appear to testify as to the chain of custody and the sampling procedures. Results of a test may be appealed on the grounds that the result is invalid because of failure to adhere to the technical standards established for the test or chain of custody procedure.