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18 individual employment plan, (b) agree to meet, in the future, the terms of the individual employment plan, or (c) terminate the conciliation process. If at the end of the conciliation process the participant does not comply, TANF benefits must be terminated by imposing a full-family sanction. The recipient has the right to appeal the Department's decision to impose a sanction. At the end of the appeal period, if the Fair Hearing decision is not in the recipient's favor, all TANF benefits must be terminated. Benefits may be reinstated when the recipient agrees to comply according to the terms of the agreement and demonstrates a willingness to comply by participating in the employment and training program or obtaining a full-time job for a period of 30 days. (2) Terminate all benefits if the recipient completes the training requirements contained in the individual employment plan and then refuses an offer of employment without good cause.
3.1.10 Requirement for Treatment of Alcohol and/or Drug Abuse DSS may require the following recipients of benefits to participate in an alcohol or drug treatment program approved by the Department of Alcohol and Other Drug Abuse Services (DAODAS) as a part of their individual employment plan. If the recipient refuses, he/she is ineligible for benefits.
TANF recipients will be referred to DAODAS for clinical assessment for participation in an alcohol or drug treatment program who: (1) Have been identified by a case manager, with concurrence from a supervisor, as possibly in need of alcohol or other drug abuse treatment services using screening indicators provided by DAODAS; or (2) Have within six months prior to the date of last application for TANF or have subsequently been convicted of an alcohol or drug related offense; or (3) Within six months prior to the date of last application for TANF or subsequently gives birth to a child who tests positive for drugs.
Determination that substance abuse treatment is necessary will be made by appropriate clinical staff approved by DAODAS. Such staff will also assess the participant's compliance with the treatment program using recognized methods of assessment including, but not limited to, random testing. In no instance shall failure to pass a random test by itself constitute a noncompliance with treatment. For participants who complete the approved DAODAS treatment program, DSS will monitor their compliance with the individual employment plan using recognized methods of assessment including, but not limited to, random testing. Failure to pass such a random test for use of alcohol shall not constitute the basis for a sanction, but may constitute grounds for review by a clinical professional who will determine if there are additional indicators of substance abuse or grounds for resumption of treatment. DSS may sanction for noncompliance with the individual employment plan those participants who complete treatment and fail to pass a random test for use of illegal drugs.