Citations Affected: IC 12-7-2; IC 12-14.5; IC 31-33-8-0.5.
Synopsis: Drug testing of public assistance recipients. Requires the
office of the secretary of family and social services (office) to develop
and establish a pilot program in three counties to test for the use of
controlled substances under certain conditions by an individual who:
(1) receives assistance under the Temporary Assistance for Needy
Families program for the individual or on behalf of a child; and (2) is
at least 18 years of age. Requires the office to notify the department of
child services (department) if a child is ineligible for assistance as a
result of an individual testing positive for the illegal use of a controlled
substance. Requires the department, not later than nine months after the
date the department receives the office's report, to conduct a home visit
at the child's residence to determine whether to pursue the report as a
report of suspected child abuse or neglect.
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Health and Provider
Services.
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
[EFFECTIVE JULY 1, 2013]: Sec. 190.2. "Tests negative" for
purposes of IC 12-14.5, means that an individual:
(1) tests negative for the presence of a controlled substance (as
defined in section 43.3 of this chapter) in the individual's
body; or
(2) tests positive for the presence of a controlled substance (as
defined in section 43.3 of this chapter) in the individual's body
but has:
(A) a valid prescription; or
(B) an order of a practitioner acting in the course of the
practitioner's professional practice;
for the controlled substance.
the following three (3) groups:
(A) The thirty-one (31) counties that have the highest
populations.
(B) The thirty-one (31) counties that have the lowest
populations.
(C) The counties not described in clause (A) or (B).
(2) The office of the secretary shall select one (1) county from
each of the three (3) groups into which counties are divided
under subdivision (1) to participate in the pilot program
established under this chapter.
Sec. 2. (a) The pilot program must:
(1) allow for an individual to consent to random drug testing
by signing the consent form described in section 4(1) of this
chapter;
(2) randomly administer a drug test to individuals who
consent as described in subdivision (1);
(3) require drug testing of individuals described in section 1
of this chapter who a county office believes, based on
reasonable suspicion, are engaged in the illegal use of a
controlled substance; and
(4) except for individuals described in IC 12-14.5-2-1(c),
require random drug testing of individuals who:
(A) a county office has reasonable suspicion to believe,
based on their testing positive under a previous drug test
administered under this article, are engaged in the illegal
use of a controlled substance; and
(B) are eligible to continue to receive or reapply for TANF
assistance as provided under this article.
(b) The office of the secretary shall:
(1) randomly administer a drug test to at least the greater of:
(A) one percent (1%) of the individuals who have
consented to random drug testing as described in
subsection (a)(1); or
(B) one (1) individual if at least one (1) individual has
consented to random drug testing as described in
subsection (a)(1).
(2) administer a drug test to all individuals described in
section 1 of this chapter who a county office believes, based on
reasonable suspicion, are engaged in the illegal use of a
controlled substance; and
(3) randomly administer a drug test to at least the greater of:
(A) ten percent (10%) of the individuals described in
subsection (a)(4); or
(B) three (3) individuals described in subsection (a)(4), if at
least three (3) individuals described in subsection (a)(4)
receive TANF assistance.
(c) The pilot program under this chapter must include an
appeals process for individuals.
Sec. 3. A drug test administered under the pilot program must
be performed by a laboratory certified by SAMHSA (as defined in
IC 22-10-15-3).
Sec. 4. After the pilot program is established under this chapter,
a county office located in a county selected to participate in the
pilot program shall provide the following to an individual
described in section 1 of this chapter:
(1) A consent form that allows the individual to consent to
random drug testing of the individual.
(2) The following information in writing:
(A) A statement that the individual will be subject to
random drug testing if the individual signs the consent
form.
(B) A statement that the individual is not required to sign
the consent form.
(C) A statement that if the individual does not sign the
consent form, the individual may be subject to drug testing
if the county office believes, based on reasonable suspicion,
that the individual is engaged in the illegal use of a
controlled substance.
(D) A statement that if the individual:
(i) tests positive under this article; and
(ii) is eligible to continue to receive or reapply for TANF
assistance for the individual or on behalf of a child as
provided in this article;
the individual may be subject to random drug testing
based on reasonable suspicion.
(E) A statement that the penalties under law concerning
eligibility for TANF assistance are more severe if the
individual tests positive on a drug test that is administered
based on reasonable suspicion than if the individual tests
positive on a random drug test to which the individual has
consented.
(F) The penalties:
(i) under IC 12-14.5-2 concerning eligibility for TANF
assistance for an individual who tests positive on a
random drug test to which the individual has consented;
and
(ii) under IC 12-14.5-3 concerning eligibility for TANF
assistance for an individual who tests positive on a drug
test administered based on reasonable suspicion.
(G) A statement that an individual will be temporarily
ineligible for TANF assistance if the individual refuses to
take a drug test under this article.
Sec. 5. (a) A county office shall be considered to have reasonable
suspicion that an individual is engaged in the illegal use of a
controlled substance for purposes of section 2(a)(3) of this chapter
if one (1) or more of the following apply:
(1) The individual has been convicted of a crime.
(2) The individual has been charged with an offense under
IC 35-48 (controlled substances).
(3) The individual has failed to attend a scheduled meeting or
complete online requirements regarding TANF assistance.
(b) A county office may require random drug testing of an
individual based on reasonable suspicion as described in section
2(a)(4) of this chapter if the individual has tested positive on a
previous drug test administered under this article.
(c) An employee of a county office may determine that
reasonable suspicion exists with respect to an individual under
section 2(a)(3) of this chapter from other factors in addition to
those listed in subsection (a).
(d) If an employee of a county office believes, based on
reasonable suspicion, that an individual is engaged in the illegal use
of a controlled substance, the employee shall document the factors
that the employee believes establish reasonable suspicion before the
individual may be required to undergo drug testing under this
article.
Sec. 6. The records of the office of the secretary concerning the
results of a drug test administered under this article may not be
admitted against a defendant in a criminal proceeding.
Sec. 7. A county office shall provide a list of drug abuse
treatment programs to any individual who tests positive under this
article.
Sec. 8. The office of the secretary may adopt rules under
IC 4-22-2 necessary to implement this article.
Chapter 2. Penalties for Failing a Random Drug Test to Which
an Individual Has Consented
Sec. 1. (a) If, after an administrative hearing under IC 4-21.5, a
finding is made that an individual who consented to random drug
testing has tested positive on a drug test, the county office shall:
(1) provide to the individual a list of drug abuse treatment
programs approved by the office of the secretary; and
(2) administer a drug test to the individual regularly at
intervals of at least twenty (20) days and not more than thirty
(30) days until the individual tests negative in two (2)
consecutive drug tests.
(b) If an individual fails to test negative in two (2) consecutive
drug tests as described in subsection (a)(2) within four (4) months
after the date the county office begins testing the individual
regularly under subsection (a)(2), the following apply:
(1) The individual's failure to test negative establishes
reasonable suspicion that the individual is engaged in the
illegal use of a controlled substance.
(2) The individual is subject to random drug testing as
provided in IC 12-14.5-1-2(a)(4).
(3) The county office shall administer a drug test to the
individual based on reasonable suspicion not later than thirty
(30) days after the date the individual last tested positive.
(4) The penalties under IC 12-14.5-3 apply to any drug test in
which the individual tests positive after reasonable suspicion
is established under subdivision (1).
(c) If an individual tests negative in two (2) consecutive drug
tests as described in subsection (a)(2) within four (4) months after
the date the county office begins testing the individual regularly
under subsection (a)(2), the individual:
(1) shall be returned to the pool of individuals who have
consented to random drug testing; and
(2) is subject to random drug testing as described in
IC 12-14.5-1-2(a)(2).
Sec. 2. (a) If:
(1) an individual tested positive under a previous random
drug test to which the individual consented;
(2) the individual is subject to a second random drug test; and
(3) after an administrative hearing under IC 4-21.5, a finding
is made that the individual has tested positive on the drug test
administered under subdivision (2);
the individual is ineligible to receive TANF assistance for the
individual for three (3) months after the date of the finding.
(b) If an individual tests positive on a second random drug test
administered under subsection (a)(2), the county office:
of a child has been reduced under section 1 of this chapter, the
individual may reapply for the full amount of TANF
assistance for the child after the applicable six (6) month
period.
Upon reapplying, the individual must test negative on a drug test
before the individual may again receive TANF assistance or before
the TANF assistance the individual receives on behalf of the child
may be increased to the original amount.
(b) If, after an administrative hearing under IC 4-21.5, a finding
is made that an individual described in subsection (a) has tested
positive on the drug test administered under subsection (a) for the
TANF reapplication process:
(1) the individual is permanently ineligible to receive TANF
assistance for the individual; and
(2) a child on whose behalf the individual receives TANF
assistance is ineligible for TANF assistance for as long as the
child resides with the individual.
Sec. 3. If an individual tests positive on a drug test under section
1 of this chapter:
(1) the county office is considered to have reasonable
suspicion that the individual is engaged in the illegal use of a
controlled substance; and
(2) the individual is subject to random drug testing based on
reasonable suspicion as provided in IC 12-14.5-1-2(a)(4).
Sec. 4. If, after an administrative hearing under IC 4-21.5, a
finding is made that an individual described in section 1 of this
chapter has tested positive on a second drug test based on
reasonable suspicion as described in IC 12-14.5-1-2(a)(3) or
IC 12-14.5-1-2(a)(4):
(1) the individual is permanently ineligible to receive TANF
assistance for the individual; and
(2) a child on whose behalf the individual receives TANF
assistance is ineligible for TANF assistance for as long as the
child resides with the individual.
Chapter 4. Notice to the Department of Child Services
Sec. 1. The office of the secretary shall notify the department of
child services concerning a child who is ineligible for TANF
assistance under this article.
Chapter 5. Exception to Penalties Concerning TANF Assistance
Received on Behalf of A Child
Sec. 1. (a) If an individual:
(1) is ineligible to receive TANF assistance under
IC 12-14.5-3-2(b) or IC 12-14.5-3-4;
(2) was not a parent or guardian to a child at the time the
individual became ineligible to receive TANF assistance as
described in subdivision (1);
(3) becomes a parent or guardian of a child after the
individual becomes ineligible to receive TANF assistance as
described in subdivision (1); and
(4) tests negative on a drug test administered by the office of
the secretary;
the child is eligible for TANF assistance under this article if the
child meets all the other eligibility requirements to receive TANF
assistance.
(b) If an individual described in subsection (a) tests positive on
the drug test administered by the office of the secretary under
subsection (a)(4), the child of whom the individual has become a
parent or guardian is ineligible to receive TANF assistance for as
long as the child resides with the individual.
Chapter 6. Costs of Drug Testing
Sec. 1. (a) The office of the secretary shall pay for a drug test
administered under this article if the individual:
(1) consents to random drug testing;
(2) has not previously tested positive on a drug test
administered under this article; and
(3) tests negative on the drug test.
(b) An individual shall reimburse the office of the secretary for
the cost of the drug test if the individual tests positive on a drug
test paid for by the office of the secretary under subsection (a).
(c) If an individual fails to reimburse the office of the secretary
for a drug test under subsection (b):
(1) the individual is ineligible to receive TANF assistance; and
(2) a child on whose behalf the individual receives TANF
assistance is ineligible for TANF assistance for as long as the
child resides with the individual;
until the individual reimburses the office of the secretary for the
cost of the drug test.
(d) An individual shall be responsible for any costs of additional
drug testing required under this article as a result of the individual
testing positive on a random drug test to which the individual
consented.
Sec. 2. (a) An individual who:
(1) does not consent to random drug testing; and
(2) is tested under this chapter based upon reasonable
suspicion as described in IC 12-14.5-1-2(a)(3) or
IC 12-14.5-1-2(a)(4);
shall pay the costs of the drug test.
(b) If an individual described in subsection (a) tests negative for
the use of a controlled substance, the office of the secretary shall
reimburse the individual for the cost of the drug test.