Vote Smart's Synopsis:

Vote to pass a bill that requires certain recipients of the Temporary Assistance for Needy Families program (TANF) to undergo drug testing, effective July 1, 2013.

Highlights:

• Requires an individual who is eligible for (TANF) assistance or receives it on behalf of a child, and is at least 18 years of age, to take a written or electronic substance abuse screening test in order to receive benefits (Sec. 7). 

• Requires the office of the Secretary of Family and Social Services to administer random drug tests to 50 percent of the pool of individuals determined to be under “reasonable suspicion” of illegally using a controlled substance (Sec. 7).

• Defines “reasonable suspicion” as being due to 1 or more of the following conditions (Sec. 7):
• The individual has been charged with an offense involving controlled substances;
• The individual is indicated to be at risk for the use of a controlled substance by the results of the substance abuse screening test; or
• The individual has previously failed a drug test administered under the provisions of this bill.

• Requires an individual who tests positive on a drug test to complete the following actions to continue receiving TANF assistance (Sec. 7):
• The individual will participate in a drug abuse treatment program; and
• The individual will undergo drug testing at regular intervals between 20 and 30 days until he or she tests negative in 2 consecutive drug tests.

• Prohibits an individual that tests positive in 2 consecutive drugs tests within 4 months of the first positive testing from receiving benefits for 3 months (Sec. 7).

• Authorizes an individual who is declared ineligible for TANF assistance because of a positive drug test to reapply after 3 months, and after having tested negative for controlled substances (Sec. 7). 

• Authorizes an ineligible individual who can no longer receive TANF assistance on behalf of a child to designate an immediate family member of the child or another individual to act as the protective payee for the child, contingent upon approval of, and possible alternate selection by, the Division of Family Resources (Sec. 7).

• Requires the individual designated as a protective payee to test negative on a drug test before he or she can act as a protective payee (Sec. 7). 

• Requires the Office of the Secretary to notify the Department of Child Services when a child is ineligible to receive TANF assistance because the child's parent or guardian fails a drug test (Sec. 7). 

• Prohibits the records concerning the results of a drug test required for TANF assistance from being used against a defendant in a criminal proceeding (Sec. 7). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires certain recipients of the Temporary Assistance for Needy Families program (TANF) to undergo drug testing, effective July 1, 2013.

Highlights:

• Requires an individual who applies for federal Temporary Assistance for Needy Families (TANF) assistance and is at least 18 years of age to take a substance abuse screening in order to receive benefits (Secs. 2 & 5). 

• Authorizes county offices to perform random drug testing on individuals when there is reasonable suspicion that the individual is engaged in the illegal use of a controlled substance (Sec. 5).

• Requires an individual who tests positive on a drug test to complete the following actions to continue receiving TANF assistance (Sec. 5):
• Attend drug abuse treatment program; and
• Undergo drug testing at regular intervals between 20 and 30 days until the individual tests negative in 2 consecutive drug tests.

• Specifies that if an individual tests positive in 2 consecutive drugs tests within 4 months of the first positive testing, the individual and any child the individual receives TANF assistance for are ineligible to receive benefits for 3 months (Sec. 5).

• Authorizes an individual who is declared ineligible for TANF assistance because of a positive drug test to reapply after 3 months (Sec. 5).

• Requires an individual who reapplies for TANF assistance after 3 months of a positive dug test  to test negative for controlled substances before receiving assistance (Sec. 5).

• Specifies that if an individual who is reapplying for TANF assistance again tests positive for controlled substances, then the individual, and any child the individual receives TANF assistance for, will permanently be ineligible for TANF assistance (Sec. 5).

• Requires the office of the secretary to notify the Department of Child Services when a child is ineligible to receive TANF assistance because the child's parent of guardian fails a drug test (Sec. 5).

• Authorizes a child who is declared ineligible for TANF assistance because the child's parent or guardian fails a drug test to be eligible when the child no longer lives with the individual who failed the drug test (Sec. 5).

Full Bill Text