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Once an individual has been found out of compliance with this provision, the individual is to be referred to a state approved alcohol and drug addiction service provider (which can be found by accessing the Department of Mental Health & Addiction website) for assessment and treatment recommendation. If the individual fails or refuses, without good cause, to comply with the assessment or recommended treatment, it will result in the imposition of a $90 fiscal penalty per month for each individual assessed against the assistance group. For example, in a two-parent TANF cash assistance group, if both parents are out of compliance, the penalty will be $180.

In an assistance group under the $90 fiscal penalty, all assistance group members (including the non-compliant member) continue to be TANF recipients and are: • Subject to TANF IMPACT requirements; and • Eligible to receive supportive services if participating in employment and training activities.

Good cause for purposes of this requirement is defined as: • The required actions were beyond the capability of the individual to perform; and • The agency or addiction service provider did not provide the services needed by the individual to perform the required actions.

If compliance occurs prior to the effective date of the fiscal penalty, the penalty is not to be imposed.

Individuals should not be referred to a service provider for treatment unless there is substantiated or documented evidence of illegal drug use or abusing other substances that would interfere with the ability to be self-sufficient, for example: • The recipient admits to using illegal drugs or abusing other substances or has a drug related conviction; and • The recipient is referred for a job and fails the drug screening or is fired from a job for failing a drug screening.

When a questionable situation arises, keep in mind that you would not make a referral unless the evidence would be such that it could be used in a legal action. We do not act on suspicions.

The individual who has been determined to be out of compliance with this provision should be referred to a state approved alcohol and drug addiction service provider. For purposes of this provision, a state approved provider is defined as: • A provider who offers a broad range of planned and continuing care, treatment, and rehabilitation, including, but not limited to, counseling, psychological, medical, and social service care designed to influence the behavior of individual alcohol abusers, or drug abusers based on an individual treatment plan; and has regular certification or outpatient certification.

Individuals should be instructed to provide verification from the provider where services are being received. Any hard copy verification should be maintained in the case file. Accompanying documentation should be made in the eligibility system.