PURPOSE: This rule adds the requirement that
all applicants or recipients for the payment 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 controlled
substance.
(1) The
Family Support Division shall conduct a screening to determine illegal use of a
controlled 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 complete the
screening process.
2. The
individual must answer all questions.
(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
Assistance recipients with the Missouri State Highway Patrol law enforcement
records for individuals that have an arrest, suspended imposition of sentence,
or conviction for a misdemeanor or felony drug offense upon implementation of
the screening process.
(C) The individual may request referral to
and then must successfully complete an appropriate substance abuse treatment
program as set forth in
13 CSR
40-2.430 in lieu of a drug test as set forth in
13 CSR
40-2.420.
(D) The division shall not provide Temporary
Assistance to or on behalf of an individual who refuses to cooperate with the
screening process. The individual is ineligible for Temporary Assistance for a
period of three (3) years from the date of a refusal to cooperate with the
screening process or an administrative hearing decision if a hearing is
requested and the division is affirmed. The hearing process is set forth in
13 CSR
40-2.440.
(2) The individual shall submit to a urine
dipstick 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 suspicion
the individual engages in the illegal use of a controlled substance;
or
(B) An individual has an arrest
or conviction 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.
Notes
13 CSR
40-2.410
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.
AUTHORITY: section
208.027, RSMo Supp. 2012.*
Original rule filed June 29, 2012, effective Feb. 28, 2013.
Amended by
Missouri
Register March 16, 2015/Volume 40, Number 06, effective
4/30/2015
