400 Definitions for the

Screening and Testing for the Illegal Use of Controlled Substances by Temporary Assistance Applicants and Recipients PURPOSE: This rule establishes the defini- tions that will govern the use of certain terms used to establish the procedures for the (10/31/20) JOHN R. ASHCROFT 13 CSR 40-2—DEPARTMENT OF SOCIAL SERVICES Division 40—Family Support Division screening and testing for illegal use of con- trolled substances by Temporary Assistance applicants and recipients. (1) Applicant—A person who has applied for Temporary Assistance benefits in accordance with Temporary Assistance eligibility regula- tions, but has not yet been determined eligi- ble for benefits. (2) Appropriate substance abuse treatment program—A substance abuse treatment pro- gram that the Department of Mental Health has approved and— (A) Is certified as an alcohol and drug abuse treatment program by the Department of Mental Health; and (B) Is contracted with the Department of Mental Health to provide Comprehensive Substance Treatment and Rehabilitation (CSTAR) services. (3) Drug test—The urine dipstick five- (5-) panel test. (4) Entry into the substance abuse treatment program—A recipient shall be considered to have entered into a substance abuse treatment program when the recipient has been enrolled in the Department of Mental Health’s con- sumer information system by an appropriate treatment provider. (5) Controlled substance—a drug, substance, or immediate precursor in Schedules I through V listed in sections 195.005 to 195.425, RSMo. (6) Head-of-household—The individual who is registered as the applicant or recipient for Temporary Assistance benefits with the divi- sion. (7) Individual—A person who is either an applicant or recipient for Temporary Assis- tance benefits with the Family Support Divi- sion. (8) Misdemeanor or felony drug offense— Any arrests or convictions for violating any federal or Missouri state statutes relating to any illegal use, possession, trafficking, deliv- ery, distribution, registration, creation, pro- duction, or manufacturing of any drugs, nar- cotics, controlled substances, controlled sub- stance analogues, imitation controlled sub- stances, drug paraphernalia, counterfeit sub- stances, or immediate precursor shall consti- tute the misdemeanor or felony drug offenses that shall be screened for by a search of the records of the Missouri Highway Patrol. (9) Protective payee—An individual appoint- ed by the Family Support Division to act on behalf of the Temporary Assistance house- hold with regard to Temporary Assistance benefits. (10) Reasonable cause—Reasonable cause exists when there is reasonable suspicion that there is an articulable individualized basis for suspecting that the Temporary Assistance applicant or recipient is engaging in the ille- gal use of controlled substances. Reasonable suspicion shall be deemed to exist based on the response to the screening tool or when a search of the law enforcement records of the Missouri Highway Patrol establishes that the individual has been arrested or convicted of a misdemeanor or felony drug offense within the last twelve (12) months. (11) Recipient—A person who receives pub- lic assistance benefits in accordance with Temporary Assistance eligibility regulations. (12) Successful completion of substance abuse treatment program—A recipient referred under section 208.027, RSMo, has successfully completed a substance abuse program when a letter or other official notice is issued from the appropriate substance abuse treatment program verifying the recip- ient has made satisfactory progress toward the criteria outlined in 9 CSR 30-3.130(8)(A) and if the recipient has not tested positive in accordance with 13 CSR 40-2.420. (13) Temporary Assistance (TA)—Missouri’s Temporary Assistance for Needy Families program that provides temporary cash assis- tance to families as set forth in sections 208.040, RSMo, et seq. and 13 CSR 40- 2.300 to 13 CSR 40-2.370. (14) Temporary Assistance for Needy Fami- lies (TANF)—The federal program under which Missouri’s Temporary Assistance ben- efits are distributed as set forth in 42 U.S.C. section 601, et seq. and 42 CFR 260.10, et seq. (15) Treatment provider—Is an individual or entity that operates a substance abuse treat- ment program that the Department of Mental Health has approved and— (A) Is certified as an alcohol and drug abuse treatment program by the Department of Mental Health; and (B) Is contracted with the Department of Mental Health to provide Comprehensive Substance Treatment and Rehabilitation (CSTAR) services. (16) Urine dipstick five- (5-) panel test—A test that will analyze an individual’s urine sample to determine whether an individual has used the following controlled substances: (A) Amphetamines/Methamphetamines; (B) Cannabinoids (THC); (C) Cocaine; (D) Opiates; and (E) Phencyclidine (PCP). AUTHORITY: section 208.027, RSMo Supp. 2012.* Original rule filed June 29, 2012, effective Feb. 28, 2013. *Original authority: 208.027, RSMo 2011.