HB197 Alabama 2012 Session

Under existing law, there is no requirement that an adult applying for the Department of Human Resources' Family Assistance Program for temporary cash assistance funded by the Temporary Assistance for Needy Families (TANF) Program Block Grant must be tested for drug abuse if there is a reasonable suspicion that the applicant may be engaging in or be under the influence of an illegal controlled substance

This bill would establish such a requirement

This bill would require the Department of Human Resources to be responsible for determining the existence of reasonable suspicion of substance abuse

This bill would require the Department of Human Resources to establish drug testing protocols and procedures for TANF applications

This bill would provide for notice of testing procedures to be provided to TANF applicants

This bill would specify that positive test results are not admissible in any criminal proceeding, but are admissible in Department of Human Resources administrative hearings and judicial review

This bill would provide that any adult who fails the drug test would be ineligible to directly receive TANF temporary cash assistance and would be referred for substance abuse assessment

This bill would provide that any adult who refuses or delays taking the drug test would be ineligible to receive TANF cash assistance under that application

This bill would provide for reimbursement for the cost of negative drug tests

This bill would provide for the department to promulgate rules necessary to implement this act

Relating to public assistance, to require the Department of Human Resources to implement and administer a drug screening program based upon reasonable suspicion for any adult applying for temporary cash payments under the Temporary Assistance for Needy Families Program; to require the department to provide notice of the drug screening to applicants; to specify who is responsible for costs associated with the drug tests; to provide that an adult testing positive for a drug under this screening program is ineligible to receive certain public assistance; to require substance abuse assessments for applicants who test positive under the program; to allow a parent of a minor child who tests positive for an illegal controlled substance to designate a protective payee on behalf of a minor child or other cash benefit unit member; to specify the use of positive test results under the program; and to authorize the department to promulgate rules to implement this act.