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Appendix 1: TANF Cash Assistance Eligibility, Benefits, and Time Limits

▪ Drug-related Felonies. Any person convicted on or after July 1, 2013, of a State or federal felony offense, which includes an element of the offense of manufacture, cultivation, distribution, possession or use of a controlled substance or controlled substance analog is ineligible for TANF for five years from the date of the conviction for a first offense. Second offenses occurring after July 1, 2013, are ineligible for TANF for their lifetime.

▪ Drug Testing. The Kansas legislature passed legislation mandating suspicion-based drug testing for applicants and recipients when there appears to be unlawful use of a controlled substance or controlled substance analog. This statute was implemented on July 1, 2014. The definition of a controlled substance and the list of such substances is defined in K.S.A. 65-4105 and 65-4107. The definition of a controlled substance analog is that which is intended for human consumption, has a chemical structure of which is substantially similar to the chemical structure of a controlled substance and that has a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to a controlled substance. Penalties for those who test positive for unlawful use of a controlled substance or controlled substance analog are:

o For first failures, the individual is required to participate in substance abuse treatment and a skills-training course. Failure to enroll in substance abuse treatment and skills training will result in ineligibility for the individual until such time cooperation occurs. o For second failures, there is one year of ineligibility, and the individual must undergo substance abuse treatment and a skills-training course. o For third or subsequent failures, there is lifetime ineligibility for TANF assistance for the individual. o Penalties for refusals to test are: 1. Individuals who refuse to submit to drug testing will be ineligible for TANF for six months for the first refusal. 2. For second refusals, the individual will be ineligible for TANF for 12 months. 3. For third refusals, there is lifetime ineligibility for TANF.

To regain eligibility after a refusal, an individual must complete drug testing and skills training.

▪ Fraud. Adults who are found to have committed fraud, either through an administration disqualification hearing or by a court of appropriate jurisdiction, or who have signed either a waiver of right to an administrative disqualification hearing or a disqualification consent agreement in cases referred for prosecution, render themselves and all adult household members ineligible to participate in TANF and child care for their lifetime. Households that fail to cooperate in a fraud investigation are ineligible for assistance until cooperation occurs.