How Many Sates Have Drug Tested Welfare Recipients Only to Find They Arte Not on Drugs

Quick Facts:

At least xv states have passed legislation regarding drug testing or screening for public assistance applicants or recipients (Alabama, Arkansas, Arizona, Florida, Georgia, Kansas, Michigan, Mississippi, Missouri, North Carolina, Oklahoma, Tennessee, Utah, W Virginia and Wisconsin.) Some apply to all applicants; others include specific language that there is a reason to believe the person is engaging in illegal drug action or has a substance employ disorder; others require a specific screening process.

In add-on, Wisconsin included a provision in its 2015 budget bill to drug test certain individuals participating in the Supplemental Nutrition Assistance Program (SNAP) Employment and Grooming programme. The federal government has indicated this goes confronting federal law prohibiting states from imposing boosted eligibility criteria on SNAP recipients. The state has sued the federal government seeking clarity on the federal police.

• Florida's police force was halted past a district judge. The District Courtroom issued a final judgment in December 2013 that permanently stopped enforcement of the law saying it violated ramble protections against unreasonable searches. On Dec 2, 2014, the 11th U.Southward. Circuit Court of Appeals upheld the ruling.
• Tennessee's bill required the department to develop a plan of suspicion-based testing and report its recommendations to the legislature by Jan 2014. The state began a testing program in July 2014.
• As of March 2017, at least xx states have proposed legislation requiring some form of drug testing or screening for public assistance recipients this year. The states include: Hawaii, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New York, North Dakota, Rhode Island, Due south Carolina, Texas, and Vermont. Florida, Oregon and Pennsylvania have proposals to drug examination those applicants who have been convicted of drug-related offenses. Arizona's proposal applies only to nutrition assistance applicants convicted of drug-related offenses.

History and Overview

Substance abuse issues have long been part of public assistance policy discussions. States have proposed drug testing of applicants and recipients of public welfare benefits since federal welfare reform in 1996. The federal rules permit drug testing every bit part of the Temporary Assist for Needy Families block grant. In recent years, nearly all states accept proposed some class of drug testing or screening for applicants.  In 2009, over 20 states proposed legislation that would require drug testing equally a condition of eligibility for public assistance programs. In 2010 at to the lowest degree 12 states had similar proposals. None of these proposals became law considering almost of the legislation was focused on "suspicionless" or "random" drug testing, which is at odds with a 2003 Michigan Court of Appeals case. Marchwinski v. Howard ruled that subjecting every welfare bidder in Michigan to a drug test without reason to believe that drugs were being used, was unconstitutional.

The proposals gained momentum beginning in the 2011 session. Three states passed legislation in 2011, 4 states enacted laws in 2012, 2 states passed legislation in 2013, and three states passed legislation in 2014, bringing the full number of states to twelve. In 2013, Kansas enacted legislation to require drug testing for applicants and recipients suspected of using controlled substances. In 2012, Utah passed legislation requiring applicants to consummate a written questionnaire screening for drug use and Georgia passed legislation requiring drug tests for all applicants for Temporary Aid for Needy Families. Tennessee approved a bill to require the section to develop a plan for substance corruption testing for all applicants and Oklahoma passed a measure requiring all applicants for TANF to be screened for illegal drug use.

Drug Testing for Individuals Convicted of Drug Felonies

The 1996 welfare law bars states from providing TANF aid to persons convicted of a felony for possession, use, or distribution of illegal drugs. However, information technology allows states to opt out of the ban or modify the period for which the ban applies. At least four states modified the ban to require those convicted of drug felony charges to comply with drug testing requirements as a condition of receiving benefits, including Maine, Minnesota, Pennsylvania and Wisconsin.

2017 Legislation

Arkansas passed SB 123 making their drug testing program permanent.

2016 Legislation

Legislative proposals:

At least 17 states had proposals in 2016 to address substance abuse and drug testing for welfare programs.

Legislative enactments:

Due west Virginia Governor Tomblin signed SB half dozen on March 23, 2016, which creates a 3-year airplane pilot program to screen welfare applicants for substance corruption bug. If the caseworker has reason to believe the applicant is abusing drugs, a drug examination will be ordered. Applicants who test positive and attend substance abuse handling, counseling and a job skills plan can continue to receive benefits. Applicants who refuse the drug screen or exam are ineligible for assistance. However a child whose parent tests positive tin can still continue to receive benefits through a designated payee. The legislation also includes a required investigation and home visit from Child Protective Services for parents who test positive. The department must study to the legislature on the number of applicants testing positive; those with reasonable suspicion; the number completing treatment and the costs of the pilot programme by December 31, 2016 and annually thereafter.

2015 Legislation

Legislative proposals:

At least 18 states introduced proposals that would require drug screening or testing for public assistance applicants and/or recipients in 2015.Usa include: Connecticut, Illinois, Iowa, Kentucky, Maine, Massachusetts, Minnesota, Montana, New York, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Vermont, Virginia and West Virginia. Hawaii'due south proposal is for the state to study the issue. In addition, Missouri proposed drug testing for the Supplemental Nutrition Assistance Programme (SNAP).

Legislative enactments:

ArkansasGovernor Hutchinson signed SB 600 into law on April viii, 2015 requiring the Department of Workforce Services to establish a 2-twelvemonth pilot program of suspicion-based drug screening and testing for each applicant and recipient of TANF. The pilot should exist statewide and include all counties bordering Mississippi, Missouri, Oklahoma and Tennessee (all states with existing drug testing laws). All applicants and electric current recipients (upon redetermination of benefits) shall be screened and if reasonable suspicion of drug apply, the applicant or recipient is required to take a drug test. If a person refuses to have the test or tests positive, they are ineligible for benefits for six months. A person testing positive can all the same receive benefits if they comply with a treatment plan. The police exempts individuals who are in the Career Pathways and Community Investment Initiative.  The section shall identify the screening tool and develop a plan for funding the program and report to the General Assembly on the results of the program. The law shall take effect no later on than December 31, 2015 and expire after two years unless otherwise extended by the legislature. In 2017, the country fabricated the programme permanent through SB 123.

Wisconsin included a provision in the 2015 upkeep beak (SB 21) to drug test individuals participating in the Wisconsin Works and the Transform Milwaukee Jobs programme and piece of work feel programs for non-custodial parents. The bill also included a provision to examination applicants for the Supplemental Diet Assistance Programme (SNAP) Employment and Training programme.The federal regime has indicated this goes confronting federal police prohibiting states from imposing boosted eligibility criteria on SNAP recipients. The state has sued the federal government seeking clarity on the federal law.

2014 Legislation

Legislative proposals:

At least 18 states introduced proposals or had carryover bills that would require drug screening or testing for public assistance applicants and/or recipients in 2014.

Legislative enactments:

Michigan Governor Rick Snyder signed HB 4118 and SB 275 into police force on December 24, 2014. The bills require the Department of Human being Services to plant and administer a suspicion-based drug screening and testing program in at least three counties. The department must screen applicants and recipients of the Family Independence Plan in the airplane pilot counties using a valid substance corruption screening tool. If the screening tool gives the department reason to believe the person has a substance abuse problem, the person will be required to have a substance abuse test. If the applicant refuses to take the test, benefits volition be denied and they may re-utilize after 6 months. For those who test positive, they will be referred to a section-identified community mental health entity and can exist eligible to continue receiving benefits. If the individual tests positive, the cost of the test is deducted from their benefit amount. The section must report to the legislature on the pilot program within 60 days of its ending.

The Alabama legislature passed SB 63 and Governor Bentley signed information technology into police on April 10, 2014. The neb requires applicants for Temporary Help for Needy Families and certain recipients upon reasonable suspicion of illegal substance use to undergo drug screening, defined every bit a chemical, biological or concrete instrument to detect the presence of drugs. Reasonable suspicion exists for those with a conviction of use or distribution of drugs within five years and for those who test positive to screening. If a person refuses to have the test or delays the test, benefits can be denied. A positive screening results in a warning that benefits may exist lost. A subsequent positive screening volition result in loss of benefits. The beak specifies that if parents lose benefits, the child(ren) may even so receive benefits through a tertiary party.

Mississippi Governor Phil Bryant signed HB 49 into constabulary on March 24, 2014. The bill requires all applicants for Temporary Assistance for Needy Families (TANF) to complete a written questionnaire to determine the likelihood of a substance abuse problem. If the results betoken a likelihood the person has a substance corruption trouble, the applicant must submit to a drug test. The test is paid for past the state homo services department. If the applicant tests positive, the person may be eligible for benefits if they comply with an approved substance abuse treatment program and test negative at the end of treatment. If the applicant refuses to participate in a treatment programme, or is otherwise noncompliant with the programme, benefits are terminated. The bill takes upshot July 1, 2014.

2013 Legislation

At least 29 states introduced legislative proposals requiring drug testing or screening for public assist applicants or recipients in 2013.

Legislative Proposals:
Alaska, Alabama, Arkansas, Connecticut, Hawaii, Iowa, Illinois, Indiana, Kansas, Kentucky, Massachusetts, Maryland, Maine, Michigan, Mississippi, Montana, North Carolina, N Dakota, New Hampshire, New Jersey, Nevada, New York, Pennsylvania, South Carolina, Texas, Virginia, Vermont, Washington, Westward Virginia

Legislative Enactments:
The Kansas legislature passed SB 149 and Governor Brownback signed the bill into constabulary on April xvi, 2013, requiring the Section for Children and Families to establish a drug screening programme for applicants and current recipients of cash aid when reasonable suspicion exists that the person is using controlled substances. Kansas SB 149 requires the Department for Children and Families to establish a drug screening plan past Jan i, 2014 for applicants and recipients of cash assistance when reasonable suspicion exists that the person is using controlled substances. The suspicion can be based on a person's demeanor, missed appointments, police records, termination from previous employment due to substance employ or prior drug screening records. If the drug test result is positive the person is required to complete a substance abuse treatment program and a job skills program. Those who pass up to take the test or participate in the treatment and chore skills program are ineligible for benefits. Those deemed ineligible for these reasons can designate a protective payee to receive benefits on behalf of the child(ren). The bill also makes those bedevilled of a drug felony after July 1, 2013 ineligible for cash assistance. First time offenders are ineligible for five years; repeat offenders are forever ineligible.

Northward Carolina passed HB 392 in July 2013, which included a provision to require drug testing of the country's welfare applicants or recipients for whom the department had reasonable suspicion are engaging in illegal use of controlled substances. The Governor vetoed this provision of the beak in August recommending further study of the event considering existing police force already required drug screening and handling as a condition of receiving benefits. The legislature overrode the veto in September. The county departments of social services are at present required to test all applicants or recipients if in that location is reasonable suspicion of drug use. Those who examination positive are denied benefits. The cost of the exam and whatever subsequent treatment is paid by the individual. The department must written report to the General Assembly on implementation of the program by April 1, 2014.

2012 Legislation

At least 28 states put forth proposals requiring drug testing for public help applicants or recipients in 2012. Four states, Utah, Georgia, Tennessee and Oklahoma passed legislation.

Utah passed HB 155 requiring individuals applying for cash assistance to complete a written questionnaire screening for illegal drug use. If there is reason to believe the person has a substance use disorder or is engaging in illegal drug activeness, the applicant must have a drug exam. If the exam is positive, the individual is required to complete treatment and remain drug free in order to receive benefits. The state will terminate benefits for an applicant who refuses to have the test. Governor Herbert signed the beak into law on March 23, 2012.

Georgia passed HB 861 requiring drug tests for all individuals applying for Temporary Assistance for Needy Families benefits. Applicants must be notified of the drug testing requirement at the time of application, and are required to pay for the test.  If an applicant tests positive the person is ineligible for benefits for 1 month and until he or she tests negative. A parent's positive test issue does not bear on the child's eligibility for benefits; however, whatsoever benefits received must be disbursed through a protective payee who must besides laissez passer a drug test. Governor Deal signed the beak on Apr 16, 2012 and goes into effect July 1, 2012. The Georgia General Assembly revised the statute in 2014 with HB 772 to include reasonable suspicion before requiring a drug test. HB 772 likewise included recipients of Supplemental Nutrition Aid Program (SNAP), however this was institute to violate federal police and the land will non enforce this provision.

Tennessee passed SB 2580 requiring the department of human services to develop a program to implement a program of suspicion-based drug testing for each TANF bidder. The nib requires the department to consult with experts in identifying appropriate screening tools and assessments. The Section must report to the General Associates its final program and recommendations by January 2014.

Oklahoma passed HB 2388 requiring the Department of Human Services to screen all developed applicants for Temporary Assistance for Needy Families (TANF) to determine if they are engaged in illegal employ of controlled substances. If and then, the applicant's asking for benefits shall be denied. The bill was signed past Governor Fallin on May xvi, 2012 and goes into consequence November i, 2012.

Map of 2012 Country Legislative Proposals

Programs Included

Several states include other assist programs, such as medical assistance, Supplemental Diet Help Program (SNAP, also formerly known as nutrient stamps), child care, and other state-funded programs. At least 12 states include language requiring testing only if in that location is reasonable cause to believe the person is using illegal substances. In virtually cases, if the bidder or recipient tests positive they are ineligible for benefits for a specified period of time or until they complete a substance corruption treatment plan. The requirements often exercise not bear upon the eligibility of a kid in a dwelling house where the parent tests positive, however, a family fellow member or other designated person who has also passed a drug exam is required to be the protective payee for the child's benefits.

Beneath is a tabular array listing states with proposals in 2012 and the programs included:

Program	# of States	States
Temporary Aid to Needy Families (TANF)	28	AL, AZ, CA, CO, GA, HI, IA, IL, IN, KS, KY, LA, Physician, MI, MN, MS, NE, NJ, NY, OK, SC, SD, TN, UT, VA, WA, WV, WY
TANF + Supplemental Nutrition Assistance Program only (SNAP, too known as food stamps)	half-dozen	IA, Il, MI, KY, SC, SD
TANF + Medicaid	3	GA, KY, SC
TANF + other country or local programs	iv	GA, MI, MN, MS

2011 Legislation

At least 36 states put forth proposals in 2011 around drug testing of welfare (Temporary Assistance to Needy Families - TANF) and food stamp (Supplemental Nutrition Assistance Program - SNAP) recipients. Three states enacted legislation:

Arizona established a temporary requirement for fiscal yr 2011-2012 requiring the department to screen and test applicants who they accept a reason to believe are engaging in illegal substance use (S.1620). This bill was signed by the Governor on Apr six, 2011. The land has connected this requirement through afterward budget requests, including 2014 HB 2705 for the 2014-2015 fiscal year.

Florida passed a law (HB 353) requiring all applicants for TANF benefits to exist tested. Applicants must be notified of the drug testing requirement at the time of application, and are required to pay for the test. If they test negative the applicant will be reimbursed for the cost by adding the amount to their do good check. If an applicant tests positive the applicant is ineligible for benefits for 1 twelvemonth, just tin can reapply in 6 months if he/she completes an approved substance corruption handling program. A parent's positive test result does not bear on the child's eligibility for benefits; however, any benefits received must be disbursed through a protective payee who must also pass a drug test. The Governor signed the bill on May 31, 2011 and went into consequence on July 1, 2011. Florida's police force is the showtime since Michigan'due south airplane pilot program was challenged in the courts and ruled unconstitutional in 2003. The American Civil Liberties Matrimony filed a lawsuit to finish the beak from being implemented. A  federal judge ordered a temporary injunction and Governor Scott has appealed the conclusion. In February 2013, the 11th Circuit Court of Appeals upheld the lower court's ruling to halt enforcement of the program.

Missouri passed HB 73 requiring the department to require a urine drug test for all applicants and recipients of TANF for whom they accept reasonable crusade to believe based on screening that they are engaged in illegal utilize. If the individual tests positive or refuses to accept the test, they are ineligible for benefits for iii years unless they enter and complete a substance corruption treatment program, in which example they tin reapply in six months. Caseworkers are also required to report suspected child abuse as a outcome of drug abuse if caseworker knows they tested positive or refused to examination. Governor Nixon signed the bill into law on July 12, 2011 and took effect Baronial 28, 2011.

lavalleythersellse.blogspot.com

Source: https://www.ncsl.org/research/human-services/drug-testing-and-public-assistance.aspx