H-1845

AN ACT Relating to drug testing for recipients of aid to families with dependent children; adding new sections to chapter 74.12 RCW; and making an appropriation.

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

NEW SECTION. Sec. 1. A new section is added to chapter 74.12 RCW to read as follows:

If the director or his or her designated agent has reason to believe an adult in a family or assistance unit is abusing a schedule I controlled substance as defined in RCW 69.50.204 or a schedule II controlled substance as defined in RCW 69.50.206, and if funds are available in the AFDC drug test and treatment fund created in section 2 of this act, the director or his or her designated agent may order that a drug test be performed on the individual. The department shall contract with licensed drug testing and treatment facilities for drug tests or treatment authorized under this section. An individual testing positive for the unauthorized use of schedule I or II controlled substance and an individual refusing to be tested if so ordered shall lose his or her portion of the assistance payment until such time as an independent drug test determines the individual is no longer abusing the controlled substance. If an adult in the assistance unit loses his or her portion of the assistance grant pursuant to this section, the provisions of RCW 74.12.250, 74.12.260, 74.12.280, 74.12.290, 74.12.300, 74.12.310, 74.12.320, and 74.12.330 apply.

Nothing in this section shall be construed to provide the department of social and health services or any other state or local agency the authority to remove a dependent child from the care and custody of a parent or guardian because such parent or guardian has lost his or her portion of the assistance payment under this section. Treatment provided an adult under this section may extend until it is determined that the person is no longer abusing the controlled substance as defined in this section.

Treatment provided an adult under this section shall not extend beyond the time the person regains his or her portion of the assistance payment that was previously lost. Treatment for a dependent child required as a direct result of the adult's drug use may extend until the treatment is no longer required.

NEW SECTION. Sec. 2. A new section is added to chapter 74.12 RCW to read as follows:

The AFDC drug test and treatment fund is hereby established in the custody of the state treasurer. The department of social and health services shall deposit in the fund all state moneys that are withheld as assistance payments under section 1 of this act. Moneys in the fund shall be spent only for drug tests or treatment for recipients of aid to families with dependent children. The first one hundred thousand dollars in the AFDC drug test and treatment fund shall be used for drug tests only and any amount over that ongoing minimum base amount may be used for drug treatment. If the balance in the fund exceeds five hundred thousand dollars, the amount over five hundred thousand dollars shall revert to the general fund. Disbursements from the fund shall be on authorization of the secretary of social and health services or the secretary's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.

NEW SECTION. Sec. 3. A new section is added to chapter 74.12 RCW to read as follows:

Assistance payments that are withheld under section 1 of this act shall be distributed as follows:

(1) The portion of the payments that are from the state shall be deposited in the AFDC drug test and treatment fund created in section 2 of this act; and

(2) The portion of the payments that are from the federal government shall, consistent with federal law, be deposited in the general fund to be appropriated for drug rehabilitation services and children's needs.

NEW SECTION. Sec. 4. The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of social and health services for deposit in the AFDC drug test and treatment fund created in section 2 of this act for the biennium ending June 30, 1993, to carry out the purposes of this act.