SECTION 340:10-4-1. Mandatory Drug Screening

(a)   Per Section 230.52 of Title 56 of the Oklahoma Statues, adult parents, or needy caretakers who apply for Temporary Assistance for Needy Families (TANF) cash assistance are required to be screened for illegal use of a controlled substance or substances. TANF child only cases and minor parents under 18 years of age are exempt from the provisions in this Section.

(b)   At any point the Oklahoma Department of Human Services (DHS) has reasonable cause to believe the adult parent or needy caretaker currently receiving TANF cash assistance is engaged in the illegal use of a controlled substance or substances, the adult parent or needy caretaker is required to be screened. DHS is authorized to request administration of a chemical drug screen, such as an observed urinalysis (UA). Behaviors observed by DHS or observed and reported by community resource partners that might indicate illegal use of a controlled substance or substances include, but are not limited to:

(1)   slurred speech;

(2)   unsteady gait;

(3)   inability to focus;

(4)   lethargy;

(5)   excessive nervousness or agitation;

(6)   showing flat affect or no emotion;

(7)   inappropriate responses to questions;

(8)   inappropriate anger or hostility;

(9)   excessive worry;

(10)   facial tics or muscle spasms;

(11)   erratic attendance in TANF Work activities;

(12)   lack of follow through with agreed upon plans; or

(13)   government or law enforcement documents indicating the person was engaged in the illegal possession or use of a controlled substance or substances within the last 30-calendar days.

(c)   The minimum drug screening includes a Substance Abuse Subtle Screening Inventory (SASSI). Additional screening methods may be used that include, but are not limited to, a clinical interview, consideration of the person's history with DHS, and an Addictions Severity Index (ASI). An ASI must be completed when the results of the initial SASSI screening are high probability, high defense, invalid, or the client self-declares a substance abuse problem. When the ASI indicates a need for treatment, a UA must be completed.

(d)   The TANF application is approved with the adult parent or needy caretaker's needs included when all other factors of eligibility are met and the:

(1)   drug screening result indicates low probability of illegal use of controlled substance or substances; or

(2)   assessment result is a recommendation for alcohol and/or prescription drug abuse treatment.

(e)   The TANF application is denied or benefits are closed when the adult parent or needy caretaker refuses to comply or fails to follow through with the screening.

(f)   When the adult parent or needy caretaker applicant screens positive for the illegal use of a controlled substance or substances, the worker denies the TANF application or closes the TANF benefit for the adult parent or needy caretaker. The parent or needy caretaker may choose to receive child only benefits when all other factors of TANF eligibility are met. When the parent or needy caretaker chooses to receive child only benefits, the worker approves or continues child only benefits using the current TANF application. The worker also:

(1)   provides the denied applicant or adult recipient with a list of substance abuse treatment programs available at minimal or no cost to the applicant or recipient;

(2)   makes a referral to the Child Abuse Hotline at 1-800-522-3511 when there is a positive screen for illegal drug use; and

(3)   determines eligibility of all household members for other requested program benefits.

(g)   When the adult parent or needy caretaker is ineligible because of a positive screen for illegal use of a controlled substance or substances, he or she is not eligible for TANF benefits until:

(1)   one year after the date of the first ineligibility determination;

(2)   six months after the date of the first ineligibility determination when the adult parent or needy caretaker complied with a substance abuse treatment plan; or

(3)   three years after the date of the second or subsequent ineligibility determination.

(h)   At the end of an ineligibility period, a new application is required and all factors of eligibility determined. The steps described at (a) and (c) through (f) are followed.

[Source: Added at 30 Ok Reg 338, eff 12-5-12 (emergency); Added at 30 Ok Reg 1346, eff 7-1-13; Amended at 37 Ok Reg 1776, eff 9-15-20]