Senate Bill 2109

AN ACT RELATING TO DRUG SCREENING OF POTENTIAL AND EXISTING BENEFICIARIES OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES; TO REQUIRE THE DEPARTMENT OF HUMAN SERVICES TO PERFORM A DRUG TEST ON AN APPLICANT FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BENEFITS; TO REQUIRE SUCH INDIVIDUAL TO BEAR THE COST OF THE DRUG TEST; TO REQUIRE THE DEPARTMENT TO PROVIDE, AND THE APPLICANT TO ACKNOWLEDGE RECEIPT OF, NOTICE OF THE DRUG-SCREENING POLICY; TO REQUIRE THE DEPARTMENT TO INCREASE THE AMOUNT OF THE INITIAL TANF BENEFIT BY THE AMOUNT PAID BY THE INDIVIDUAL FOR THE DRUG TESTING; TO PROVIDE PROCEDURES FOR TESTING AND RETESTING; TO REQUIRE THE DEPARTMENT TO PROVIDE INFORMATION CONCERNING LOCAL SUBSTANCE ABUSE TREATMENT PROGRAMS TO AN INDIVIDUAL WHO TESTS POSITIVE; TO PROVIDE CONDITIONS FOR AN INDIVIDUAL TO REAPPLY FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BENEFITS; TO PROVIDE THAT, IF A PARENT IS INELIGIBLE AS A RESULT OF FAILING A DRUG TEST, THE ELIGIBILITY OF THE CHILDREN IS NOT AFFECTED; TO PROVIDE CONDITIONS FOR DESIGNATING ANOTHER PROTECTIVE PAYEE; TO PROVIDE RULEMAKING AUTHORITY TO THE DEPARTMENT; AND TO AMEND SECTION 43-17-1, MISSISSIPPI CODE OF 1972, IN CONFORMANITY; AND FOR RELATED PURPOSES.

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

SECTION 1. Drug screening for applicants for Temporary Assistance for Needy Families. (1) The Department of Human Services shall require a drug test to screen each individual who applies for Temporary Assistance for Needy Families (TANF). The cost of drug testing is the responsibility of the individual tested.

(a) An individual subject to the requirements of this section includes any parent or caretaker relative who is included in the cash assistance group, 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 Section 43-17-1.

(b) An individual who tests positive for controlled substances as a result of a drug test required under this section is ineligible to receive TANF benefits for one (1) year after the date of the positive drug test unless the individual meets the requirements of subsection (2)(j).

(2) 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 for receiving TANF 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 TANF benefit by the amount paid by the individual for the drug testing. The individual shall be advised that the required drug testing may be avoided if the individual does not apply for TANF benefits. Dependent children under the age of eighteen (18) 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 teen parent who is not required to live with a parent, legal guardian, or other adult caretaker relative in accordance with Section 43-17-1 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 he or she is taking.

(e) Require each individual to be tested to sign a written acknowledgment that he or she has received and understood the notice and advice provided under paragraphs (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 state'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 TANF benefits that the individual may reapply for those benefits one (1) year after the date of the positive drug test unless the individual meets the requirements of paragraph (j) of this subsection. If the individual tests positive again, he or she is ineligible to receive TANF benefits for three (3) years after the date of the second positive drug test unless the individual meets the requirements of paragraph (j) of this subsection.

(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 that are licensed by the State of Mississippi. Neither the department nor the state is responsible for providing or paying for substance abuse treatment as part of the screening conducted under this section.

(j) An individual who tests positive under this section and is denied TANF benefits as a result may reapply for those benefits after six (6) months if the individual can document the successful completion of a substance abuse treatment program offered by a provider that is licensed by the State of Mississippi. An individual who has met the requirements of this paragraph and reapplies for TANF benefits must also pass an initial drug test and meet the requirements of subsection (1). Any drug test conducted while the individual is undergoing substance abuse treatment must meet the requirements of subsection (1). The cost of any drug testing and substance abuse treatment provided under this section shall be the responsibility of the individual being tested and receiving treatment. An individual who fails the drug test required under subsection (1) may reapply for benefits under this paragraph only once.

(3) If a parent is deemed ineligible for TANF benefits as a result of failing a drug test conducted under this section:

(a) The dependent child's eligibility for TANF benefits is not affected.

(b) An appropriate protective payee shall 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.

(4) The Department of Human Services shall adopt rules to implement this section.

SECTION 2. Section 43-17-1, Mississippi Code of 1972, is amended as follows:

43-17-1. (1) The State of Mississippi hereby accepts all of the mandatory provisions and benefits, with the exception of those provisions under which the state may exercise its options, of Title I of an act passed by the Senate and House of Representatives of the United States of America, in Congress assembled, entitled: "The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193)," and known as the Temporary Assistance * * *to for Needy Families (TANF) program.

(2) The Department of Human Services shall have all necessary authority to cooperate with the federal government in the administration of Public Law 104-193 and all subsequent federal amendments thereto, to administer any legislation pursuant thereto enacted by the State of Mississippi, and to administer the funds provided by the federal government and the State of Mississippi under the provisions of Section 43-17-1 et seq., for providing temporary assistance for needy families with minor children. The Department of Human Services shall have full authority to formulate state plans consistent with state law as necessary to administer and operate federal grant funds which provide temporary assistance for needy families with minor children under Title IV-A of the federal Social Security Act. The Department of Human Services shall identify in any state plan submitted to implement the TANF program those requirements or restrictions, including persons excluded from program participation which are required under federal law, and those program requirements or restrictions which the federal law authorizes but does not require.

(3) Any funds received by the State of Mississippi under the provisions of Public Law 104-193 shall be subject to appropriation by the Legislature and consistent with the terms and conditions required under such appropriation.

(4) The purpose of the Mississippi Temporary Assistance * * *to for Needy Families (TANF) program shall be to:

(a) Provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives when such care is beneficial and may be monitored on a random basis by the Department of Human Services or the State Department of Health;

(b) End the dependence of needy families on government benefits by promoting job preparation, work and marriage through, among other things, job placement, job training and job retention;

(c) Prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies;

(d) Encourage the formation and maintenance of two-parent families; and

(e) Prevent program fraud and abuse.

(5) The Department of Human Services shall develop outcome and output indicators for each program established under the authority of this section. These measures shall provide legislators and administrators with information which measures the success or failure of the department in implementing the programs implemented under the authority of this section. The department shall annually report to the Legislature the outputs and outcomes of these programs, with the first report due by December 15, 1997. Such reports shall include recommendations for making programs more effective or efficient which can be effected in accordance with federal law.

(6) Assistance may be granted under this chapter to any dependent child and a caretaker relative who are living in a suitable family home meeting the standards of care and health and work requirements fixed by the laws of this state, and the rules and regulations of the State Department of Human Services.

(7) The Department of Human Services shall conduct drug screening for all adult applicants for assistance pursuant to the requirements of Section 1 of this act.

SECTION 3. This act shall take effect and be in force from and after July 1, 2014.