SB 7 Creates the "TANF Child Protection and Drug Free Home Act" regarding drug testing for work-eligible TANF applicants and recipients
Sponsor: Goodman
LR Number: 0131S.05C Fiscal Note: 0131-05N.ORG
Committee: Health, Mental Health, Seniors and Families
Last Action: 5/13/2011 - S Informal Calendar S Bills for Perfection--SBs 7, 5, 74 & 169-Goodman, with SCS Journal Page:
Title: SCS SBs 7, 5, 74 & 169 Calendar Position:
Effective Date: August 28, 2011

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Current Bill Summary


SCS/SBs 7, 5, 74 & 169 - This act, the "TANF Child Protection and Drug Free Home Act", requires temporary assistance for needy families (TANF)case workers to report to the Children's Division in accordance with procedures for mandated reporters of child abuse in instances where either the work-eligible recipient tested positive or refused to test in relation to work activities. The TANF work-eligible recipients covered under this act include recipients who are required to participate in work activities or in preparation for work-activities. Such work activities include subsidized or unsubsidized private or public sector employment, job training programs, community service programs, or vocational education and training programs.

Case workers conducting an initial assessment to determine if an individual meets an exemption, exclusion or is work ready at each temporary assistance for needy families application, reinvestigation or interim change may report or cause a report to be made to the Children's Division in instances where the case worker has reasonable suspicion to believe that such individual is engaging in illegal use of a controlled substance.

Any work-eligible recipient who is found to have tested positive for the illegal use of a controlled substance or who refuses to be tested, after an administrative hearing, shall be declared ineligible for TANF benefits for a period of two years from the date of the administrative hearing decision. However, such person shall continue to receive benefits if such person successfully completes a substance abuse treatment program administered by the division of alcohol and drug abuse and does not test positive for illegal use of a controlled substance in the 6 month period beginning on the date the individual enters such treatment program. The individual shall receive benefits while in treatment. If the work-eligible recipient tests positive for the use of illegal drugs a second time, then such recipient shall be declared ineligible for temporary assistance for needy families benefits for a period of two years from the date of the administrative hearing decision.

Other members of a household which includes a person who has been declared ineligible for TANF shall, if otherwise eligible, continue to receive TANF benefits as protective or vendor payments to a third-party payee for the benefit of the members of the household.

The department shall promulgate rules for implementing the provisions of this section.

This act is similar to HCS/HBs/ 73 &47 (2011) and SCS/SBs 607, 602, 615, and 725 (2010).

ADRIANE CROUSE