Introduced Version






SENATE BILL No. 482

_____


DIGEST OF INTRODUCED BILL



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.





Kruse




    January 14, 2013, read first time and referred to Committee on Health and Provider Services.







Introduced

First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 482



    A BILL FOR AN ACT to amend the Indiana Code concerning human services.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 12-7-2-43.3; (13)IN0482.1.1. -->     SECTION 1. IC 12-7-2-43.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 43.3. "Controlled substance", for purposes of IC 12-14.5, has the meaning set forth in IC 35-48-1-9.
SOURCE: IC 12-7-2-139.5; (13)IN0482.1.2. -->     SECTION 2. IC 12-7-2-139.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 139.5. "Pilot program", for purposes of IC 12-14.5, means the pilot program established under IC 12-14.5-1.
SOURCE: IC 12-7-2-189.9; (13)IN0482.1.3. -->     SECTION 3. IC 12-7-2-189.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 189.9. "TANF assistance", for purposes of IC 12-14.5, means assistance under the federal Temporary Assistance for Needy Families program under 42 U.S.C. 601 et seq.
SOURCE: IC 12-7-2-190.2; (13)IN0482.1.4. -->     SECTION 4. IC 12-7-2-190.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS

[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.

SOURCE: IC 12-7-2-190.3; (13)IN0482.1.5. -->     SECTION 5. IC 12-7-2-190.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 190.3. "Tests positive" or "testing positive", for purposes of IC 12-14.5, means that an individual:
        (1) tests positive for the presence of a controlled substance (as defined in section 43.3 of this chapter) in the individual's body; and
        (2) does not have:
            (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.

SOURCE: IC 12-14.5; (13)IN0482.1.6. -->     SECTION 6. IC 12-14.5 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     ARTICLE 14.5. DRUG TESTING UNDER THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM
    Chapter 1. Pilot Program for Drug Testing
    Sec. 1. (a) The office of the secretary shall develop and establish a pilot program to test for the use of a controlled substance by an individual who:
        (1) receives TANF assistance for the individual or on behalf of a child; and
        (2) is at least eighteen (18) years of age.
    (b) The pilot program must be implemented for two (2) years in three (3) counties selected in the manner provided under subsection (c).
    (c) The office of the secretary shall select the counties under subsection (b) by the following method:
        (1) The office of the secretary shall divide all the counties into

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:


         (1) has reasonable suspicion that the individual is engaged in the illegal use of a controlled substance; and
        (2) shall administer random drug testing to the individual as required under IC 12-14.5-1-2(a)(4).
    Sec. 3. (a) If an individual who consented to random drug testing refuses to take a drug test under this article, the individual is ineligible for TANF assistance for the individual for three (3) months after the date that the individual refuses to take the drug test.
    (b) An individual who is ineligible under subsection (a) or section 2(a) of this chapter may reapply for TANF assistance after the applicable three (3) month ineligibility period. Upon reapplying, the individual must test negative on a drug test before the individual may receive TANF assistance.
    Chapter 3. Penalties for Failing a Drug Test Administered Based on Reasonable Suspicion
    Sec. 1. (a) If, after an administrative hearing under IC 4-21.5, a finding is made that an individual has tested positive on a drug test administered 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 ineligible to receive TANF assistance for the individual for six (6) months after the date of the finding; and
        (2) the TANF assistance that the individual receives on behalf of a child shall be reduced by fifty percent (50%) for six (6) months after the date of the finding.
    (b) If an individual refuses to take a drug test administered 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 ineligible to receive TANF assistance for the individual for six (6) months after the date that the individual refused to take the drug test; and
        (2) the TANF assistance that the individual receives on behalf of a child shall be reduced by fifty percent (50%) for six (6) months after the date of the individual's refusal to take the drug test.
    Sec. 2. (a) If:
        (1) an individual is ineligible for TANF assistance for the individual under section 1 of this chapter, the individual may reapply for TANF assistance after the applicable six (6) month ineligibility period; or
        (2) the TANF assistance that an individual receives on behalf

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.

SOURCE: IC 31-33-8-0.5; (13)IN0482.1.7. -->     SECTION 7. IC 31-33-8-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. If the department receives a report from the office of the secretary of family and social services under IC 12-14.5-4-1, the department shall, not later than nine (9) months after the date the department receives the report, 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.