Screening Temporary Assistance Applicants and Recipients for Illegal Use of a Controlled Substance

PURPOSE: This rule adds the requirement that all applicants or recipients for the payment of Temporary Assistance who are age eighteen (18) or older and are the head-ofhousehold complete a screening for illegal use of a controlled substance. This rule also establishes the individual’s eligibility due to the screening and consequences when the individual fails to comply with the screening requirement and when the screening provides reasonable cause for illegal use of a controlled substance. (1) The Family Support Division shall conduct a screening to determine illegal use of a controlled substance for all Temporary Assistance applicants and recipients who are age eighteen (18) or older, are the head-of-the-household, and are otherwise eligible for Temporary Assistance benefits as defined in 13 CSR 402.300 through 13 CSR 40-2.370. (A) The individual must cooperate with the screening process. 1. The individual must agree to complete the screening process. 2. The individual must answer all questions. (B) Screening shall consist of the following two (2) processes: 1. The individual shall submit answers to a screening tool administrated by the Family Support Division at the time of application; and 2. The Family Support Division shall conduct a periodic match of Temporary Assistance recipients with the Missouri State Highway Patrol law enforcement records for individuals that have an arrest, suspended imposition of sentence, or conviction for a misdemeanor or felony drug offense upon implementation of the screening process. (C) The individual may request referral to and then must successfully complete an appropriate substance abuse treatment program as set forth in 13 CSR 40-2.430 in lieu of a drug test as set forth in 13 CSR 40-2.420. (D) The division shall not provide Temporary Assistance to or on behalf of an individual who refuses to cooperate with the screening process. The individual is ineligible for Temporary Assistance for a period of three (3) years from the date of a refusal to cooperate with the screening process or an administrative hearing decision if a hearing is requested and the division is affirmed. The hearing process is set forth in 13 CSR 40-2.440. (2) The individual shall submit to a urine dipstick five- (5-) panel drug test, as set forth in 13 CSR 40-2.420 if— (A) The individual’s response to the screening tool gives rise to reasonable suspicion the individual engages in the illegal use of a controlled substance; or (B) An individual has an arrest or conviction for a misdemeanor or felony drug offense from the match with the Missouri Highway Patrol within the preceding twelve (12) months of the date of the match with the Missouri Highway Patrol. AUTHORITY: section 208.027, RSMo Supp. 2014.* Original rule filed June 29, 2012, effective Feb. 28, 2013. Amended: Filed Nov. 3, 2014, effective April 30, 2015. *Original authority: 208.027, RSMo 2011.