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 non-citizens
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 non-citizens 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. 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.
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. 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.
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 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.