HOUSE OF REPRESENTATIVES
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII
A BILL FOR AN ACT
Relating to temporary assistance for needy families.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§346- Drug screening for applicants for temporary assistance for needy families. (a) The department shall require a drug test to screen each individual who applies for temporary assistance for needy families.
(b) An individual who tests positive for a controlled substance as a result of a drug test required under this section shall be ineligible to receive temporary assistance for needy families benefits; provided that upon the successful completion of a six-month substance abuse treatment program offered by a special treatment facility, as defined in section 334-1, the individual may receive temporary assistance for needy family benefits.
(c) The costs associated with any drug testing and substance abuse treatment program required under this section shall be the responsibility of the individual being tested or receiving substance abuse treatment.
(d) The department shall:
(1) Provide notice of drug testing to each individual at the time of application for temporary assistance for needy families; provided that:
(A) The notice shall advise the individual that drug testing shall be conducted as a condition for receiving temporary assistance for needy families benefits and that the individual shall bear the cost of testing;
(B) If the individual tests negative for controlled substances, the department shall reimburse the individual for the amount paid for the drug testing;
(C) The individual shall be advised that the required drug testing may be avoided if the individual does not apply for temporary assistance for needy families benefits; and
(D) Dependent children of the applicant who are under the age of eighteen shall be exempt from the drug-testing requirement;
(2) Advise each individual to be tested, before the drug test is conducted, that the individual shall advise the agent administering the test of any prescription or over-the-counter medication that the individual is taking;
(3) Require each individual subject to drug testing to sign a written acknowledgment that the individual has received and understood the notice and advice provided under paragraphs (1) and (2);
(4) Assure each individual being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the State's need to ensure the reliability of the drug test sample;
(5) Specify circumstances under which an individual who fails a drug test has the right to take one or more additional drug tests; and
(6) Provide any individual who has a positive drug test result with a list of licensed special treatment facilities that are licensed by the department. Neither the department nor the State shall be responsible for providing or paying for substance abuse treatment as part of the drug screening required under this section.
(e) Applicants for temporary assistance for needy family benefits shall comply with the following:
(1) For two-parent families, both parents shall comply with the drug testing requirement; and
(2) A teenage parent shall comply with the drug testing requirement.
Failure of a temporary assistance for needy families applicant to comply with this subsection shall result in the applicant's ineligibility for such benefits.
(f) If a parent is deemed ineligible for temporary assistance for needy families benefits as a result of failing a drug test required under this section:
(1) The dependent child's eligibility for temporary assistance for needy families benefits shall not be affected;
(2) An appropriate protective payee shall be designated to receive benefits on behalf of the child; and
(3) The parent may choose to designate another individual to receive benefits for the parent's minor child; provided that:
(A) The designated individual shall be an immediate family member or, if an immediate family member is not available or the family member declines the option, another individual approved by the department may be designated;
(B) The designated individual shall undergo drug testing before being approved to receive benefits on behalf of the child; provided that none of the costs associated with the drug testing shall be borne by the State; and
(C) If the designated individual tests positive for controlled substances, the individual shall be ineligible to receive benefits on behalf of the child.
(g) The department shall adopt rules in accordance with chapter 91 to implement this section."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Temporary Assistance for Needy Families; Drug Screening
Requires drug testing for temporary assistance for needy families (TANF) applicants. Provides that applicants who test positive for a controlled substance may receive TANF funds upon the successful completion of a 6-month substance abuse program.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.