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STATE OF WEST VIRGINIA FFY 2024 STATE PLAN FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
Failure to meet the terms of the PRC or SSP will result in the following full family penalties:
● First offense is ineligibility for cash benefits for one month.
● The second offense is ineligibility for cash benefits for six months.
● Third and subsequent offenses result in ineligibility for cash assistance for twelve months.
Applicants, as well as recipients, are informed at application, redetermination, and case maintenance of the need to report changes and the penalties for failure to do so. The PRC, SSP and the required Orientation further stress the importance of cooperation and point out the penalties associated with not reporting changes on a timely basis.
SUBSTANCE ABUSE TESTING AND REFERRAL
All applicants who would be included in the WV WORKS Assistance Group, AG, or individuals who receive the benefit must complete a drug use questionnaire (Attachment J) or are ineligible for this benefit. This questionnaire must be completed within ten business days of the initial contact showing interest in applying for this benefit in addition to all other eligibility requirements. Any applicant who provides false information on the Drug Use Questionnaire is ineligible for WV WORKS assistance. Any individual who scores one or more points or answers “Yes” to question eleven must be referred for drug testing; all other applicants are treated in the same manner as any other WV WORKS applicant.
The drug screening questionnaire is the only method that may be used to determine reasonable suspicion for drug use. This policy aligns with the federal court ruling in Lebron v. Sec. of the Fla. Dept. of Children and Families, 772 F.3d 1352 (11th Cir. 2014). Individuals who have been determined to have reasonable suspicion for drug use must register for drug testing within two business days. When the results of the drug testing are negative, no further action is needed by the participant. He is then treated in the same manner as any other WV WORKS participant. The Case Manager must enroll any individual who answers “Yes” to question eleven and who has a negative drug test as a WV WORKS recipient.
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