BILL REQ. #:  H-3570.1 

Read first time 01/13/12.   Referred to Committee on Early Learning & Human Services.

     AN ACT Relating to requiring drug testing for applicants for benefits under the temporary assistance for needy families program; and amending RCW 74.08.025.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 74.08.025 and 2011 1st sp.s. c 42 s 7 are each amended to read as follows:
     (1) Public assistance may be awarded to any applicant:
     (a) Who is in need and otherwise meets the eligibility requirements of department assistance programs; and
     (b) Who has not made a voluntary assignment of property or cash for the purpose of qualifying for an assistance grant; and
     (c) Who is not an inmate of a public institution except as a patient in a medical institution or except as an inmate in a public institution who could qualify for federal aid assistance: PROVIDED, That the assistance paid by the department to recipients in nursing homes, or receiving nursing home care, may cover the cost of clothing and incidentals and general maintenance exclusive of medical care and health services. The department may pay a grant to cover the cost of clothing and personal incidentals in public or private medical institutions and institutions for tuberculosis. The department shall allow recipients in nursing homes to retain, in addition to the grant to cover the cost of clothing and incidentals, wages received for work as a part of a training or rehabilitative program designed to prepare the recipient for less restrictive placement to the extent permitted under Title XIX of the federal social security act.
     (2) Any person otherwise qualified for temporary assistance for needy families under this title who has resided in the state of Washington for fewer than twelve consecutive months immediately preceding application for assistance is limited to the benefit level in the state in which the person resided immediately before Washington, using the eligibility rules and other definitions established under this chapter, that was obtainable on the date of application in Washington state, if the benefit level of the prior state is lower than the level provided to similarly situated applicants in Washington state. The benefit level under this subsection shall be in effect for the first twelve months a recipient is on temporary assistance for needy families in Washington state.
     (3) The department shall require a drug test to screen each individual who applies for temporary assistance for needy families. The cost of drug testing is the responsibility of the individual tested.
     (a) An individual subject to the requirement of this section includes any parent or caretaker relative who is included in the family assistance unit, including an individual who may be exempt from work activity requirements due to the age of the youngest child or who may be exempt from work activity requirements under RCW 74.08A.260.
     (b) An individual who tests positive for controlled substances, as defined in chapter 69.50 RCW, as a result of a drug test required under this subsection is ineligible to receive temporary assistance for needy families benefits for one year after the date of the positive drug test unless the individual meets the requirements of subsection (5) of this section.
     (4) For individuals required to take a drug test pursuant to subsection (3) of this section, the department shall:
     (a) Provide notice of drug testing to each individual at the time of application. The notice must advise the individual that drug testing will be conducted as a condition of receiving temporary assistance for needy families benefits and that the individual must bear the cost of testing. If the individual tests negative for controlled substances, the department shall increase the amount of the initial cash benefit by the amount paid by the individual for the drug testing. The department shall advise the individual that the required drug testing may be avoided if the individual does not apply for temporary assistance for needy families benefits. Dependent children under the age of eighteen are exempt from the drug-testing requirement;
     (b) Require that for two-parent families, both parents must comply with the drug-testing requirement;
     (c) Require that any parent under the age of eighteen who is not required to live with a parent, legal guardian, or other adult caretaker relative pursuant to RCW 74.04.0052 must comply with the drug-testing requirement;
     (d) Advise each individual to be tested, before the test is conducted, that he or she may, but is not required to, advise the agent administering the test of any prescription or over-the-counter medication that he or she is taking;
     (e) Require each individual to be tested to sign a written acknowledgment that he or she has received and understands the notice and advice provided in (a) and (d) of this subsection;
     (f) Assure each individual being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the department's need to ensure the reliability of the sample;
     (g) Specify circumstances under which an individual who fails a drug test has the right to take one or more additional tests;
     (h) Inform an individual who tests positive for a controlled substance and is deemed ineligible for temporary assistance for needy families benefits that the individual may reapply for those benefits one year after the date of the positive drug test unless the individual meets the requirements of subsection (5) of this section. If the individual tests positive again, he or she is ineligible to receive temporary assistance for needy family benefits for three years after the date of the second positive drug test unless the individual meets the requirements of subsection (5) of this section; and
     (i) Provide any individual who tests positive with a list of licensed substance abuse treatment providers available in the area in which he or she resides and are licensed by the department. The department is not responsible for providing or paying for substance abuse treatment as part of the screening conducted under this subsection.
     (5) An individual who tests positive under this section and, as a result, is denied temporary assistance for needy family benefits may reapply for those benefits after six months if the individual can document the successful completion of a substance abuse treatment program offered by a provider that is licensed by the department. An individual who has met the requirements of this paragraph and reapplies for temporary assistance for needy families benefits must also pass an initial drug test and meet the requirements of subsection (3) of this section. Any drug test conducted while the individual is undergoing substance abuse treatment must meet the requirements set by the department. The cost of any drug testing and substance abuse treatment provided under this section is the responsibility of the individual being tested and receiving treatment. An individual who fails the drug test required under subsection (3) of this section may reapply for benefits under this subsection only once.
     (6) If a parent is deemed ineligible for temporary assistance for needy families benefits as a result of failing a drug test conducted under this section:
     (a) The dependent child's eligibility for benefits is not affected;
     (b) An appropriate protective payee must be designated to receive benefits on behalf of the child;
     (c) The parent may choose to designate another individual to receive benefits for the parent's minor child. The designated individual must be an immediate family member or, if an immediate family member is not available or the family member declines the option, another individual, approved by the department, may be designated. The designated individual must also undergo drug testing before being approved to receive benefits on behalf of the child. If the designated individual tests positive for controlled substances, he or she is ineligible to receive benefits on behalf of the child.
     (7) Any person otherwise qualified for temporary assistance for needy families who is assessed through the state alcohol and substance abuse program as drug or alcohol-dependent and requiring treatment to become employable shall be required by the department to participate in a drug or alcohol treatment program as a condition of benefit receipt.
     (((4))) (8) The department may implement a permanent disqualification for adults who have been terminated due to WorkFirst noncompliance sanction three or more times since March 1, 2007. A household that includes an adult who has been permanently disqualified from receiving temporary assistance for needy families shall be ineligible for further temporary assistance for needy families assistance.
     (((5))) (9) Pursuant to 21 U.S.C. 862a(d)(1), the department shall exempt individuals from the eligibility restrictions of 21 U.S.C. 862a(a)(1) and (2) to ensure eligibility for temporary assistance for needy families benefits and federal food assistance.
     (10) The department shall adopt rules to implement subsections (3) through (6) of this section.