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STATE OF ARKANSAS TEMPORARY ASSISTANCE FOR NEEDY FAMILIES REVISED 2023 Page 13 of 46 3.5.2 Exemption from Drug Screening and Testing Requirements The following are exempt from the drug screening and testing requirement: x A dependent child under eighteen (18) years of age; x A non-head-of-household minor parent who lives with a parent, legal guardian, or other adult caretaker relative; x An entity participating in the Career Pathways Program or Community Investment Initiative under the TEA and Work Pays Programs 3.5.3 Drug Testing and Treatment

If the applicant or recipient that is otherwise eligible tests positive for drugs, the drug testing entity will administer a confirmation test using the same specimen sample from the initial positive test. The results of the confirmation test will determine whether the program refers the applicant or recipient for a substance abuse evaluation and treatment. The applicant or recipient will be able to present a prescription for any medication or a written certification and a registry identification card issued under Arkansas Constitution, Amendment 98, she/he is taking to the drug testing entity for review in conjunction with any positive test results.

3.5.4 Disqualification Related to Drug Testing and Treatment Requirements A refusal to take a drug test shall result in the applicant’s or recipient’s ineligibility for TEA and Work Pays benefits for six (6) months. If the applicant that is otherwise eligible complies with drug testing and/or treatment requirements, the applicant may be eligible for TEA and Work Pays benefits. The applicant or recipient complying with the substance abuse evaluation and treatment/recovery plan may continue to receive benefits for duration of the program treatment not to exceed six (6) months. After the six (6) months of treatment or disqualification, the applicant or recipient that is otherwise eligible will be re-tested. If the applicant or recipient tests positive for drugs in a subsequent drug test, validated by a confirmation test, the applicant or recipient that is otherwise eligible shall be ineligible to receive TEA and Work Pays benefits for six (6) months from the date of the positive confirmation test.

3.5.5 Designating a Protective Payee If an applicant or recipient that is otherwise eligible and is found ineligible to receive TEA and Work Pays benefits as a result of a positive drug test or failure to begin, participate in, and/or complete the drug treatment/recovery support resource program, that applicant or recipient shall not be eligible for benefits and removed from the benefit unit.