MEMORANDUM

DISCUSSION:

Income Maintenance memorandum IM-19 Temporary Assistance Drug Testing dated February 20, 2013 introduced processes to implement 208.027 RSMo that requires applicants and participants to submit to a screening for illegal use of a controlled substance and to submit to a drug test if the screening provides reasonable suspicion. The purpose of this memorandum is to outline specific actions required at each of the following points of the TA drug testing process:

APPLICATION INTERVIEW;

ENTERING A RESPONSE TO THE SCREENING;

DMH TREATMENT;

DISQUALIFICATION AND PROTECTIVE PAYEES; and

UNABLE TO LOCATE.

APPLICATION INTERVIEW

Temporary Assistance applications require in-person interviews. Eligibility specialists (ES) must review the Temporary Assistance Drug Testing Applicant Notice (IM-3TADRUG) form with all applicants who are age 18 or older. All applicants who are age 18 or older on the date of the application must:

• Sign the IM-3TADRUG form;
• Complete the screening questions during the FAMIS Interview; and
• Sign the Interview Summary (FA102) forms.

  NOTE: This is the list of forms that must be signed for the TA drug screening only. This is not an inclusive list of all forms needed for the application.

If the answer to the screening question must be changed/corrected after completing the controlled flow in FAMIS, a new Interview Summary (FA-102) must be printed and signed by the participant and maintained in the case record.

NOTE:  A change to the screening question after leaving the controlled flow can only be made by State Office staff. To request a change in the screening question email COLE TAPOLICY with a subject line CHANGE RESPONSE TO TA DRUG SCREENING. The name and Department Client Number must be included in the email.

The signed IM3-TADRUG and FA-102 forms must be maintained in the case record. These forms are required hearing exhibits for all hearings related to TA drug testing.

ENTERING A RESPONSE TO THE SCREENING

Missouri regulations for the Temporary Assistance program require the Family Support Division (FSD) to screen for illegal drug use. The following question is asked:

How many times in the past year have you used an illegal drug or used prescription medication for non-medical reasons?

Select the appropriate response from the list available in the Response Description field from the TA Drug Screening (TADRUG/FMN0) screen. If the applicant replies 'never', select NON - NONE/ZERO. If the applicant replies that they have used drugs or used prescription medication for non-medical reasons, ask them for a specific number of times in the past year.

Example:  Jordan Shocker applies for Temporary Assistance and is asked the screening question.  Jordan answers, "I don't know, man, I get high all the time."  The correct answer to this would be 10+ times.

Select DTD - DECLINE TO DECLARE (do not select NON - NONE/ZERO), when the applicant:

• Admits to drug use but will not agree to a specific number of times in the past year; or
• Refuses to answer the question regarding use.

NOTE: DTD - DECLINE TO DECLARE indicates that the applicant has told the eligibility specialist they do not wish to answer the screening question. Choosing NON means no drug use and should only be selected if the applicant states they have not used drugs within the past year.

Explain to the applicant that if they decline to declare that they will be referred for an automatic hearing and may be disqualified for three years.

DMH TREATMENT

In some instances, a TA participant is referred to the Department of Mental Health (DMH) for treatment. The DMH sends an email to the local FSD email address advising if the participant:

• Is enrolled in treatment,
• Did not comply with treatment, or
• Completed the treatment program.

Take action on all email from the DMH within 48 hours of receipt by updating the TA Drug Treatment Facility screen (SELREF/FMN7) to indicate the information provided. When the information is entered, the system will:

• Automatically send the participant to drug test six months from the date the information is entered on SELREF, if enrolled in treatment; or
• Automatically disqualify the individual, if the individual did not enter or complete the treatment program.

DISQUALIFICATION AND PROTECTIVE PAYEES

The FSD must assign a protective payee within 45 days of the TA participant's disqualification. The Action Notice (FA-150) and the Protective Payee for Temporary Assistance Benefits (FA-602) form is automatically generated and sent to the TA eligibility unit when the Sanction Disqualification (SANDISQ/FMAM) screen is automatically updated with a TA drug testing disqualification. The participant must cooperate in assigning a protective payee.

If the FA-602 isn't received by the FSD office and the protective payee information entered on the Representative Detail (FMJG) screen within 15 business days from the date the FA-602 was generated, a reminder is generated to the primary worker and their supervisor for the TA case. The reminder says: PROTECTIVE PAYEE NEEDED.

When the ES receives this reminder, they must enter a protective payee. If the participant does not respond to the FA-602 or otherwise fails to cooperate in naming a protective payee, initiate an adverse action worker close for failure to cooperate. Do not close other types of assistance for failure to cooperate in naming a protective payee for TA.

UNABLE TO LOCATE

When notified by the drug testing vendor, the DMH, or the Division of Legal Services (DLS) Administrative Hearings Unit (AHU) or the DLS attorney representing the Family Support Division, that mail to the participant has been returned unable to locate, check the Supercase Member Clearance (SCMBR/FM0E) and the Person Detail (PRSNDTL/FM0I) screens to ensure that the address in FAMIS is correct.

• If the drug testing vendor is unable to locate a participant, the message 'UNABLE TO LOCATE' displays on the TA Drug Testing Detail (FMNC) screen.
  • ES and ES supervisors (ESS) receive a FAMIS Reminder that displays "unable to locate". The reminder remains on the Alert/Reminder (ALREMIND/FM7M) until a new address is entered or the current address is verified.
  • After updating or confirming an address, go to Select TA Drug Testing Referral (seldtref/FMN2) screen and press F20 to re-refer to the drug testing vendor.
  • If new or correct address information is not located in the file, send the participant a Request for Contact (FA-331) form. If the form is returned unable to locate, initiate case closing.
• If Department of Mental Health (DMH) is unable to locate a participant, an email will be sent to the county email address.
  • If new address information is in the file or the current address is verified, reply to the DMH email and provide the new or correct address.
  • If new or correct address information is not located in the file, send the participant a Request for Contact (FA-331) form. If the form is returned unable to locate, initiate case closing.
• If DLS is unable to locate a participant, an email from state office will be sent to the ESS that is listed in FAMIS.
  • If new address information is in the file or the current address is verified, reply to the email and provide the new or correct address.
  • If new or correct address information is not located in the file, send the participant a Request for Contact (FA-331) form. If the form is returned unable to locate, initiate case closing.
  • The hearing will no longer be needed in situations where case closing actions have started. DLS will issue a motion to dismiss.
• When mail is returned by the United States Postal Service with a forwarding address:
  • Enter the new address provided by the United States Postal Service in FAMIS and record a comment on the Eligibility Unit Member Role (EUMEMROL or FM3Z) screen. Notify COLE TAPOLICY that a new address has been established.

NOTE: If the TA case is closed because the FA-331 is returned unable to locate, action must be taken to close all other types of assistance, including Food Stamps. Refer to Food Stamp Manual section 1140.005.50 Address Change for instructions.

NECESSARY ACTION:

• Review this memorandum with appropriate staff.

AC/jkh