410 Screening Temporary

Assistance Applicants and Recipients for Illegal Use of a Controlled Substance PURPOSE: This rule adds the requirement that all applicants or recipients for the pay- ment of Temporary Assistance who are age eighteen (18) or older and are the head-of- household complete a screening for illegal use of a controlled substance. This rule also establishes the individual’s eligibility due to the screening and consequences when the individual fails to comply with the screening requirement and when the screening provides reasonable cause for illegal use of a con- trolled substance. (1) The Family Support Division shall conduct a screening to determine illegal use of a con- trolled substance for all Temporary Assistance applicants and recipients who are age eighteen (18) or older, are the head-of-the-household, and are otherwise eligible for Temporary Assistance benefits as defined in 13 CSR 40- 2.300 through 13 CSR 40-2.370. (A) The individual must cooperate with the screening process. 1. The individual must agree to com- plete the screening process. 2. The individual must answer all ques- tions. (B) Screening shall consist of the following two (2) processes: 1. The individual shall submit answers to a screening tool administrated by the Family Support Division at the time of application; and 2. The Family Support Division shall conduct a periodic match of Temporary Assis- tance recipients with the Missouri State High- way Patrol law enforcement records for indi- viduals that have an arrest, suspended imposi- tion of sentence, or conviction for a misde- meanor or felony drug offense upon imple- mentation of the screening process. (C) The individual may request referral to and then must successfully complete an appro- priate substance abuse treatment program as set forth in 13 CSR 40-2.430 in lieu of a drug Chapter 2—Income Maintenance 13 CSR 40-2 test as set forth in 13 CSR 40-2.420. (D) The division shall not provide Tempo- rary Assistance to or on behalf of an individu- al who refuses to cooperate with the screening process. The individual is ineligible for Tem- porary Assistance for a period of three (3) years from the date of a refusal to cooperate with the screening process or an administra- tive hearing decision if a hearing is requested and the division is affirmed. The hearing pro- cess is set forth in 13 CSR 40-2.440. (2) The individual shall submit to a urine dip- stick five- (5-) panel drug test, as set forth in 13 CSR 40-2.420 if— (A) The individual’s response to the screening tool gives rise to reasonable suspi- cion the individual engages in the illegal use of a controlled substance; or (B) An individual has an arrest or convic- tion for a misdemeanor or felony drug offense from the match with the Missouri Highway Patrol within the preceding twelve (12) months of the date of the match with the Missouri Highway Patrol. AUTHORITY: section 208.027, RSMo Supp. 2014.* Original rule filed June 29, 2012, effective Feb. 28, 2013. Amended: Filed Nov. 3, 2014, effective April 30, 2015. *Original authority: 208.027, RSMo 2011.