Kansas Economic and Employment Services Manual

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.

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:

• Amphetamines/Methamphetamines;
• Cannabinoids (THC -Marijuana);
• Cocaine;
• Opiates;
• Phencyclidine (PCP).
  
  

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.

Note: Any mandatory TANF recipient not meeting a SBDT indicator, who is requesting services to help maintain sobriety may be referred for SRCC services.

Any mandatory TANF recipient that meets an indicator and test negative will be referred for SRCC services.

2260.3 Suspicion-based Indicators - Individuals exhibiting any of the indicators listed below 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:

• Arrest records from drug related charges (within the last 12 months)
• Employment records (loss of job, failing a drug test, etc. within the last 12 months)
• Self-declaration of usage or other indicator being met (within the last 12 months)
• Visual observation of drug use
• Visual observation of drug paraphernalia
• Substance Abuse Subtle Screening Inventory (SASSI) indicators
• Prior Refusal to SBDT drug test

This list is not all inclusive. Staff must document the reason(s) a drug test is requested. Documentation is to be placed in the case file. Required documentation is as follows:

• Arrest records from drug related charges (within the last 12 months)—documentation required from law enforcement, court documents, or online postings.
  
  
• Employment records (loss of job, failing a drug test, etc. within the last 12 months) -documentation required from the employer.
  
  
• Self-declaration of usage or other indicator being met in the last 12 months –documented by the agency/person referring for the UA.
  
  
• Visual observation of drug use -documented by the agency/person referring for drug testing.
  
  
• Visual observation of drug paraphernalia --documented by the agency/person referring for drug testing.
  
  
• SASSI indicators -documented by SRCC.
  
  
• Prior Refusal to SBDT drug test – documented in DCF case file, as it is specific to prior TANF SBDT.

All documentation must be in the case record and is not to be destroyed. This will allow for use in any appeal process.

Referrals for drug testing will not be made on unsubstantiated reports. Unsubstantiated reports can include hotline referrals, hearsay information, etc.

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).

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 SBDT 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:

• U.S. passport,
• driver's license issued by the state or U.S. territory with a photograph or other identifying information,
• certificate of degree of Indian blood,
• school identification card with photo,
• U.S. military card or draft card with photograph,
• identification card issued by federal, state, or local government,
• Native American tribal document.
  
  

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 - The drug testing vendor will notify the Secretary of DCF or the Secretary’s designee of the negative drug test results. The results are entered into the electronic case file.

Client notification of the negative 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. DCF staff will enter the results into the electronic case file.

DCF staff will notify the individual of the positive test result and the consequences of the positive test. DCF staff will inform the individual of the right to request a retest of the original sample. The individual is responsible for all retest costs.

For a first positive drug test, the individual is required to actively participate in, and complete, substance abuse treatment as defined by the contractor AND actively participate in, and complete, skills-based training. Failure to do so will result in disqualification for the individual. If disqualified, the individual may be added back to the case the month after the month of completion of substance abuse treatment and skills-based training. (SEE KEESM 2260.13)

For a second positive drug test, the individual is ineligible for a period of 12 months and is required to actively participate in, and complete, substance abuse treatment as defined by the contractor AND actively participate in, and complete, skills-based training. 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:

• Failure to provide a viable sample for drug testing within the required timeframe,
• Failure to complete the drug testing process as directed by DCF or its designee,
• Failure to appear for drug testing at the designated location and within a reasonable time,
• Failure to contact or cooperate with any medical review process, including, but not limited to, providing copies of medical records needed to confirm the result of the drug testing within a reasonable time.
• Failure to provide verification of identity, or
• Failure to complete any documents or consent forms required by the DCF or its designee, or the drug testing vendor within a reasonable time.
  
  

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

• For 6 months for the first failure or refusal.
• For 12 months for the second failure or refusals.
• Permanently for the third failure or refusal.
  
  

To regain eligibility after the first or second refusal/failure to test, an individual must complete drug testing and if so indicated, skills training and substance abuse treatment (KEESM 2260.13).

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

• At interview, applicant is requested to drug test:
  • Applicant , withdraws application and states he/she will not complete a drug test:
    • Application will be denied and this will be considered a refusal to test. Send the referral to the SBDT email box (DCF.SBDT@ks.gov) . Explain the consequences of the refusal to the applicant. (NOTE: A comparable disqualification cannot be applied to food assistance when the person is disqualified for withdrawing their TANF application for not wanting to complete drug testing.)
  • Applicant walks out the door with the referral and also a request for information (if necessary) and does not return any information or complete the drug testing:
  • • This is considered a failure to drug test and all consequences apply
    • Deny the application for failure to provide the requested information and apply the appropriate disqualification on the individual that refused/failed to drug test.
• • Applicant walks out the door with the referral and a request for information (if necessary) and returns all information but does not complete the drug test:
    • This is considered a failure to drug test, and the individual is not eligible until the individual completes drug testing and if so indicated, skills training and substance abuse treatment.
    • The application can be processed for the other family members.
    • A payee needs to be requested.
      
      

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:

• Indicator met as identified by case manager or substantiated 3rd party reports:
  • Referred to drug testing
    • Fails to complete drug testing
      • Individual Ineligible for cash assistance according to to first, second or third failure/refusal rule

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 SBDT email box (DCF.SBDT@ks.gov). 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. The customer must notify their Career Navigator within 30 days that they would like their original sample retested. The Career Navigator will direct the client to the DCFPayment Portal via www.dcf.ks.gov.  The customer must pay directly to the DCFPayment Portal. If the results are determined to be a false positive, the state of Kansas will reimburse the actual cost of the subsequent test.

2260.9 Protective Payees -Individuals who test positive or refuse/fail to complete 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 may be able to assist with identifying one. See KEESM 1515 for information on payee requirements and TANF closures.

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

• Lives in the same household
• Lives too far from the household to be able to adequately assure benefits are distributed appropriately (prudent person principle)
• Have a substantiated drug history
• Documented Prudent Person related decision
  
  

Protective payees who test positive or fail/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-4412 is required.

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

Individuals who do not successfully complete substance abuse treatment as defined by the contractor and skills-based training are ineligible for TANF assistance for themselves.

2260.11 Those not suitable for treatment as per SRCC:

• If this is a first positive and the participant is not identified for treatment (occasional or recreational user) as per the DCF contractor, then the following requirements will need to be met for the individual to receive cash assistance:
  
  
  • Participate in a DCF contractor approved substance abuse course
  • Participate in a skills-based training

   

• If a subsequent test is positive, this is considered a second or third positive test and treated in accordance with KEESM 2260.6.
  
  

2260.12 Skills Based Training - An individual testing positive will be required to complete skills-based training.

First positive drug test:

• Skills based training will be based on a plan coordinated with the client, the SRCC case manager and the career navigator. Activities will be client centered, taking into consideration the need for treatment and for employment services.
• This plan will be made within 30 days of the agency receiving the results of the 1st positive drug test.
  
  

Second    positive drug test:

• Intensive case management and job placement; or
• Completion of a skills-based training with credentials (for example ABE, CDL, CNA, one semester of AO-K or Trac7); or
• Best Training (Best Training is available through the workforce center).
  
  

Note: Once the household has closed for time limits they will no longer be involved with skills training. DCF will continue paying for ongoing training program for the semester that they entered before the TANF case was closed.

2260.13 Regaining Eligibility - Individuals who test positive or fail/refuse to drug test must complete the following requirements to regain eligibility.

Individuals who test positive and successfully complete substance abuse treatment as defined by the contractor AND successfully complete skills-based training will regain eligibility for TANF as follows:

• First positive drug test: Disqualification for the individual will not occur unless the individual fails to enroll in, and complete, substance abuse treatment as defined by the contractor AND complete skills-based training. If the individual fails to enroll in and complete substance abuse treatment as defined by the contractor AND/OR fails to complete skills-based training, the individual will be disqualified until completing substance abuse treatment AND skills-based training (see 2260.10, 2260.11 and 2260.12)
• Second positive drug test: The individual can regain eligibility after serving a 12-month disqualification period and completing substance abuse treatment as defined by the contractor AND completing skills-based training (see 2260.10, 2260.11 and 2260.12)
• Third positive drug test: This results in a lifetime TANF ineligibility for the individual.
  
  

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

• First refusal: after six months, and must drug test. This drug test may be completed at any time within the last 30 days of the expiration of the ineligibility period. If this test is positive it will be considered a 1st, 2nd or 3rd positive test, see KEESM 2260.6, 2260.9, 2260.1, 2260.11, 2260.12 and 2260.13.
• Second refusal: after twelve months, and must drug test. This drug test may be completed at any time within the last 30 days of the expiration of the ineligibility period. If this test is positive it will be considered a 1st, 2nd or 3rd positive test, see KEESM 2260.6, 2260.9, 2260.1, 2260.11, 2260.12 and 2260.13.
• Third refusal: No eligibility for TANF in their lifetime.
  
  

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 SBDT Program Administrator 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.