Utah Admin. Code R986-200-221 - Drug Testing Requirements
(1) A
parent client or specified relative who is counted in the household assistance
unit under R986-200-205 must complete a
substance abuse questionnaire. A substance abuse questionnaire is defined as a
written screening questionnaire designed to accurately determine the reasonable
likelihood of the client having a substance use disorder involving the misuse
of a controlled substance. Individuals in the household who have been
disqualified from the receipt of assistance because of an IPV are also required
to complete a substance abuse questionnaire and otherwise comply with this
section.
(2) If the results of the
substance abuse questionnaire indicate a reasonable likelihood of a substance
use disorder involving the misuse of a controlled substance, a drug test is
required within a period of time as specified by the Department. The test will
be administered with due regard to the privacy and dignity of the person being
tested. Before or after taking the drug test, the client may advise the person
administering the test of any prescription or any over the counter medication
the client is taking.
(3) If the
client tests positive for the unlawful use of a controlled substance on the
drug test required under subsection (2), benefits may continue but only if the
client agrees to receive treatment from a Department approved provider. The
treatment will be for a minimum of 60 days and the client must also submit to
drug tests during, and at the conclusion of, treatment. Each test must be
negative. The length of treatment, if over 60 days, will be determined by the
treatment provider and the Department. The client cannot change treatment
providers unless the treatment provider and the Department agree to the change.
(4) The entire household unit will
be denied financial assistance for a period of three months for the first
occurrence and 12 months for any subsequence occurrence within a 12 month
period if a client identified in subsection (1):
(a) refuses to complete a substance abuse
questionnaire;
(b) refuses to meet
with a licensed clinical therapist if required by the Department;
(c) refuses to take a drug test as required
in subsection (2) or (3) of this section,
(d) fails to enter and successfully complete
treatment as required in subsection (3) of this section, or
(e) tests positive for the unlawful use of a
controlled substance, on any subsequent drug test required by the Department,
while in treatment or at the completion of treatment.
(5) A client can be excused from complying
with the requirements of this section if the necessary resources are not
available through no fault of the client.
(6) A client can be excused from complying
with the requirements of this section in a timely manner if the client can show
reasonable cause. Reasonable cause under this section means the client was
prevented from complying in a timely manner through no fault of his or her own
or failed to comply in a timely manner for reasons that are reasonable and
compelling.
(7) If a client
disagrees with the results of a drug test performed under subsections (2) or
(3) of this section, the client can provide the Department with the results of
a second drug test. This second drug test will be performed:
(i) at the client's expense,
(ii) at a testing facility approved by the
Department,
(iii) in accordance
with requirements of Utah Code Ann. Section
34-38-6, and
(iv) within seven days of the Department
sending notice of the results of the original drug test.
(c) If the results of the second drug test
are negative, the Department will reimburse the client the actual and
reasonable verified costs incurred in obtaining the second test.
Notes
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