A Non-Compliance Type of Generic is used to discontinue or deny consumers who refuse to take a requested drug test or test positive.
Users should navigate to the Non-Compliance page and click the View button to determine if the consumer has any Non-Compliances for suspicion based drug testing.
Because the Non-Compliance Type of Generic is being used, Standard Copy and Paste Text must be used.
If a consumer is in non-compliance according to the Suspicion Based Drug Testing (SBDT) policy, the user must create the Non-Compliance record on the Non-Compliance List page before running EDBC. The Non-Compliance record should only be added for the person(s) in non-cooperation with SBDT Policy. Please see Non-Financial Data Collection Non-Compliance for more information on completing this page. The TANF and FA disqualification for failure or refusal to complete TANF drug testing should always be recorded separately.
For TANF Consumers: Use the Generic non-compliance Type. Select TANF as the Program. Enter the Begin Date as the first day of the first month the disqualification is applied, taking Timely and Adequate Notice into consideration. An End Date does not populate and nothing should be entered in the Override End Date until the consumer cooperates. In the Comments text box for the record enter which disqualification it is for the consumer:
First Failure, Second Failure, Third Failure, First Refusal, Second Refusal, Third Refusal
Once the consumer ‘cures’ the disqualification , the record must be edited to enter the Override End Date of the day prior to the month benefits should begin. For example: TANF benefits to start 02/01/20XX. End Date for Non-Compliance should be 01/31/20XX. See Editing or End Dating a Non-Compliance Record.
For FA Consumers: If the TANF recipient is also Active on a Food Assistance program, use the Failure to Provide - SSN non-compliance Type. Select Food Assistance as the Program. Enter the Begin Date as the first day of the first month the disqualification is applied, taking Timely and Adequate Notice into consideration. An End Date does not populate. Enter the Override End Date as the last day of the disqualification month based policy. In the Comments text box for the record enter which disqualification it is for the consumer:
First Failure,Second Failure, Third Failure, First Refusal, Second Refusal, Third Refusal
Delete the Change NOA and send the V808 with wording regarding the comparable drug testing disqualification . See TANF Drug Testing – Comparable disqualification for the standard text.
This business process flow shows the high-level steps utilized to apply a disqualification for TANF Suspicion Based Drug Testing.
When a consumer refuses to take or fails a drug test, a Non-Compliance record must be created in KEES.
NOTE: For a first positive test refer to SRCC for treatment and/or skills training prior to applying a Non-Compliance record. If the individual fails treatment and/or skills training, follow the guidance below.
Complete the Eligibility Non-Compliance Detail page using the following criteria:
Name: Applicant or Recipient who refused or failed the drug test
Program: TANF
Type: Generic
Reason: Generic
Begin Date: First day and month of applicable disqualification month
End Date: Leave blank
Comments: Indicate a first failure/refusal, second failure/refusal, or third failure/refusal.
If the consumer is receiving TANF and Food Assistance at the time of the disqualification, complete the Eligibility Non-Compliance Detail page again to indicate a comparable disqualification for Food Assistance using the following criteria:
Name: Applicant or Recipient who refused or failed the drug test
Program: Food Assistance
Type: Failure to Provide
Reason: SSN
Begin Date: First day and month of applicable disqualification month
End Date: Set according to policy guidelines. See KEESM 2552.2 for more information.
Comments: Indicate a first failure/refusal, second failure/refusal, or third failure/refusal.
Designate a Protective Payee for TANF
Get Protective Payee approval from the Regional Drug Coordinator (RDC)
Designate the Protective Payee in ebtEDGE first, then in KEES
Identify who the Protective Payee is in the Journal
Set a Future Task to re-evaluate the case when the disqualification period ends using the following criteria:
NOTE: Due to lifetime disqualifications on 3rd time refusals or failures, a future task is not needed.
Due Date: 1st day of the month in which the disqualification period ends
Receive Date: Date of Task Creation
Region: Select Regional Office Location
Location: Select Office Location
Queue: Alert
Task: Purple Future Processing
Task Details: Disqualification period ending. Check to see if consumer has regained eligibility.
When a disqualification ends, end date the Non-Compliance record and re-run EDBC. See KEESM 2260.13 for more information about regaining eligibility.
All communication between Eligibility Workers and Regional Drug Coordinators (RDC) is done through email.
See the DCF Imaged Forms Desk Aid for guidance on imaging information related to TANF Suspicion Drug Testing.