Section 208.027 RSMo requires Temporary Assistance (TA) applicants and participants to submit to a screening for illegal use of a controlled substance. If the screening provides reasonable suspicion, then a drug test must be completed.
The Family Support Division (FSD) filed the following regulations with the Secretary of State outlining the process for implementing Section 208.027 RSMo:
Beginning March 4, 2013, all applicants and participants for Temporary Assistance (TA) benefits who are age eighteen (18) or older and are the head of household will complete a screening for illegal use of a controlled substance. The applicant must be age 18 on the date of application.
There is no cost to the applicant or TA participant for the screening, the drug test, or participation in a substance abuse treatment program.
13 CSR 40-2.410 requires all applicants and participants for Temporary Assistance (TA) benefits who are age eighteen (18) or older and head of household to complete a screening for illegal use of a controlled substance. The applicant must be age 18 on the date of application.
NOTE: There is no cost to the participant to comply with the drug screening.
Mandatory individuals for the drug screening include individuals who:
NOTE: Second parents and children are not mandatory individuals. A non-parent caretaker relative (NPCR) is a mandatory individual when they are needy.
NOTE: Refer to Income Maintenance Manual section 0240.005.15 for those individuals who refuse to cooperate with the screening process.
Mandatory individuals must cooperate with the screening to receive or continue to receive Temporary Assistance (TA). The screening determines if an individual applying for or receiving TA benefits must be referred for a drug test.
When completing a TA application, the TA Drug Screening Question (TADRUG/FMN0) screen displays during the controlled flow with the following question:
NOTE: An illegal drug refers to a drug that is against the law;
If an applicant or participant requests clarification for, "used a prescription medication for nonmedical reasons," screeners shall provide the following response:
NOTE: If the answer to the screening question is changed after completing the controlled flow in FAMIS, a new Interview Summary (FA-102) must be printed and signed by the participant.
The TA Drug Test Waiver (DRTWAIV/FMN4) screen displays after the screening question during the controlled flow with the following question:
Applicants/Participants can answer:
If the applicant is not age 18 on the date of application, the TADRUG screen and the DRTWAIV screen do not display during the controlled flow. However, the screening questions display on the Interview Summary (FA-102) with "not applicable" as the response.
Individuals that cooperate with the drug screening do not lose their Temporary Assistance (TA) benefits. Cooperation includes:
NOTE: If an individual answers Decline to Declare on TADRUG, the individual has not cooperated with the drug screening.
Individuals refusing to cooperate in the drug screening process are not eligible to receive TA benefits. The participant is ineligible for TA for a period of three (3) years from the date of the administrative hearing decision if the division is affirmed. Refer to Income Maintenance Manual section 0240.020.00 for more information regarding hearing procedures.
The Family Support Division (FSD) assigns a protective payee for the other members of the eligibility unit when the agency is affirmed in the administrative hearing decision. Refer to Income Maintenance Manual section 0240.030.00 for more information regarding protective payee.
The applicant has the right to change the answer to their screening question or waiver question. The answer may be changed while in the controlled flow. Once out of the controlled flow, but before the TA case is approved, the eligibility specialist must re-enter the controlled flow to update the answer to the TA Drug Screening (TADRUG/FMN0) screen or the TA Drug Test Waiver (DRTWAIV/FMN4) screen. A new FA-102 must be printed and signed for those who change the answer to their screening question before the application is approved.
A referral to the Department of Mental Health, the drug testing vendor, or the Division of Legal Services is not made until the application is processed completely and approved.
Once the case is approved, the TA participant can still change their answer, provided a hearing hasn't been held, a drug test hasn't been completed, or they have not entered a substance abuse treatment program.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.
Identifying information of participants who are age eighteen (18) or older, and the head of household receiving Temporary Assistance (TA) benefits, is submitted for a quarterly match with the Missouri State Highway Patrol (MSHP). This match searches law enforcement records for participants that have an arrest or conviction for a misdemeanor or felony drug offense for the previous 12 months.
The following participants are not referred to the MSHP:
Each time the MSHP finds a drug-related offense, FAMIS creates a MSHP referral on the Select Highway Patrol Match (HWYPAT/FMN9) screen. It is necessary to prompt out using F6=DETAILS to see the type of arrest or conviction. A referral to the drug testing vendor is sent by FAMIS automatically. Refer to MISSOURI HIGHWAY PATROL CODE SHEET for information contained on the HWY Patrol Match Detail (FMND) screen.
The MSHP uses an Offense Cycle Number (OCN) to track each arrest or conviction. The OCN is unique to each offense, and is used through the life of the offense by the MSHP. FAMIS only refers an OCN for drug test once, therefore limiting the chance of a participant being referred to drug testing numerous times for the same offense.
Any participant submitted that has an arrest or conviction for a misdemeanor or felony drug offense from a match with the MSHP is referred for drug testing. They are not eligible to choose mandatory treatment in lieu of testing. See Income Maintenance Manual section 0240.010.00 for drug testing procedures.
If the Temporary Assistance (TA) case closes before the participant completes the drug test, the drug test referral is closed.
When the participant reapplies for TA, the screening question (TADRUG) and the waiver question (DRTWAIV) are asked during the controlled flow, just like all applications. However, when the TA case is approved, the participant is referred for drug test based on the last Highway Patrol match, regardless of how the screening question and the waiver question are answered.
Once the screening process is complete, 13 CSR 40-2.410 requires certain participants, depending on their answer to the screening question, and who do not volunteer for substance abuse treatment, to comply with a drug test.
The Action Notice (FA-150) notifies participants of the requirement to comply with testing and/or treatment. FAMIS refers the participant to the drug testing vendor when a test is required. The drug testing vendor sends a notice to the participant letting them know the date, time and facility/location for completion of the drug test.
The referral is captured on the Select TA Drug Testing Referral (SELDTREF/FMN2) screen with the date and timestamp when it was sent. It is necessary to prompt out using F6=DETAILS to see the following information regarding the drug test referral:
Refer to Income Maintenance Manual section 0240.015.00 for information regarding participants who volunteer for substance abuse treatment.
Participants must show a valid form of identification at the facility when arriving for drug testing. Acceptable forms of identification are:
Temporary Assistance (TA) is not provided to any participant required to submit to a drug test and who refuses to cooperate with any part of the drug testing process.
Refusal to cooperate includes:
NOTE: Refer to Income Maintenance Manual section 0240.010.15 for information on participants who refuse or fail to cooperate with the testing process.
The drug testing vendor notifies the FSD of the drug test results. The drug test results are automatically updated on the TA Drug Testing Detail (FMNC) screen in FAMIS. When a participant receives a negative test result, FAMIS generates an Information Notice (FA-601), notifying the participant of the test results. The FMNC screen displays "PASS" in the TEST RESULT field (they passed the drug test). The participant remains eligible for TA benefits, and no further action is taken on the case.
Even though a participant tested negative on their drug test, and remains eligible for TA, the participant is still referred to the Missouri State Highway Patrol (MSHP) for the quarterly match. See Income Maintenance Manual section 0240.005.25 for more information regarding the MSHP quarterly match.
If the participant's case closes for any reason, and they reapply, they are once more an applicant and subject to complying with the screening question, regardless of where they are in the drug testing process.
The drug testing vendor notifies FSD of the drug test results. The drug test results are automatically updated on the TA Drug Testing Detail (FMNC) screen in FAMIS.
When a participant receives a positive test result, FAMIS generates an Action Notice (FA-150) to the participant notifying them of the positive test result and that a referral has been sent to Department of Mental Health (DMH). DMH will then contact the participant to assess treatment needs. The TA Drug Testing Detail (FMNC) screen displays "FAIL" in the TEST RESULTS field (they failed the drug test).
The drug testing vendor notifies FSD when a participant does not appear for their scheduled test or does not cooperate with the drug testing process. The drug test results are automatically updated on the TA Drug Testing Detail (FMNC) screen in FAMIS.
The Adverse Action (FA-510) is sent to the participant notifying them of the outcome received from the drug testing vendor and that action is being taken to remove the individual from the TA case.
The TA Drug Testing Detail (FMNC) screen displays "FAIL" in the TEST RESULTS field (they failed to complete the drug test).
There are times when the address FAMIS sends to the drug testing vendor, or the Department of Mental Health (DMH) is not a good address.
When mail is returned by the United States Postal Service with a forwarding address:
When notified by the drug testing vendor, or DMH 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.
See the FAMIS User Guide: TA Drug Testing Re-Referral Process for more information on how to re-refer the new address to the drug testing vendor.
When a Temporary Assistance (TA) case closes during the drug testing process, the referral also ends. If the participant is currently referred to the drug testing vendor, FAMIS sends information to the drug testing vendor letting them know the TA case has closed.
If the TA participant re-applies they are treated as a new applicant, but must satisfy the previous drug testing process.
Participants who test positive for illegal use of a controlled substance and attend treatment (or completed the assessment but were not referred to treatment) are subject to a drug test at six months from the date the participant entered the substance abuse treatment program, or completed the assessment. The same procedures outlined in Income Maintenance Manual section 0240.010.00 applies for follow up drug testing.
The drug testing vendor sends the drug test results to FAMIS. If the participant tests positive, does not appear for the scheduled test, or does not cooperate with the testing process, the TA Drug Testing Detail (FMNC) screen displays "FAIL" in the TEST RESULTS field. The Adverse Action (FA-510) notice is sent to the participant notifying them of the results of the drug test, and the action being taken to remove them from the TA eligibility unit.
FAMIS automatically updates the Sanction/Disqualification (SANDISQ/FMAM) screen with the disqualification reason of:
After the adverse action period for the disqualification expires, the participant is ineligible for 36 months (3 years) from the first month the TA benefit is affected due to the disqualification.
If the drug test result is negative, the TA Drug Testing Detail (FMNC) screen displays "PASS" in the TEST RESULTS field. The Information Notice (FA-601) is sent to the participant letting them know their results and no other action is taken on their TA case.
Participants who volunteer for substance abuse treatment during the screening process that would have been referred for drug testing are referred the Department of Mental Health (DMH). Participants who test positive for illegal drug use are referred for substance abuse treatment. Participants are required to comply with all aspects of treatment in order to continue receiving their full Temporary Assistance (TA) benefits.
Once the TA case is approved, FAMIS generates a referral to the DMH when:
The Select TA Drug Treatment Facility (SELREF/FMN7) screen is updated automatically based on the reason for referral. The reasons for referral are:
The referral to the DMH is an email generated by FAMIS. The email notifies the DMH the participant must complete a substance abuse treatment program. The email contains the:
The email referral to DMH is stored on the Document Queue (DOCQUE/FMVM) screen and is available to print. It displays as an Information Notice (FA-601).
NOTE: The FA-601 must be included in the hearing packet when the participant requests a hearing related to their participation in a substance abuse treatment program. Refer to Income Maintenance Manual section 0240.020.00 for more information regarding hearing procedures.
DMH sends email verification to the residence county FSD office email address with the following information:
NOTE: A participant on a substance abuse treatment program waiting list is complying with treatment and remains eligible for TA benefits.
Once the FSD receives the treatment information from the DMH, the eligibility specialist must update the Drug Treatment Facility (FMN6) screen with the facility and any other treatment information. Refer to FAMIS User Guide: Updating the Drug Treatment Facility Screen for more information on the Drug Treatment Facility screen.
Active participation in the substance abuse treatment program includes:
FAMIS automatically closes the referral when the following exit reasons are entered on the Drug Treatment Facility (FMN6) screen:
DMH notifies the FSD when a participant does not appear for their scheduled assessment, or does not cooperate with the treatment process.
DMH sends email verification to the residence county FSD office email address of the following:
Update the treatment facility and end reason on the TA Drug Treatment Facility screen. The system will generate an Adverse Action Notice (FA-510) and begin the process to disqualify the individual. See Updating the Drug Treatment Facility Screen for step by step instructions.
The applicant has the right to change their answer to the waiver question.
A referral to the Department of Mental Health (DMH) or the drug testing vendor is not be made until the application is processed completely and approved.
Once the case is approved, the TA participant can still change their answer, provided a drug test hasn't been completed, or they haven't entered a substance abuse treatment program. If the TA participant changes their mind, the eligibility specialist must contact the TA Policy Unit to have the screening answer changed.
When a Temporary Assistance (TA) case closes during the treatment process, the referral also ends. If the participant is currently enrolled in treatment, FAMIS sends information to DMH letting them know the TA case has closed.
All applicants and participants have the right to a fair hearing. 13 CSR 40-2.440 outlines requirements for administrative hearing rights for individuals required to submit to a drug test or participate in a substance abuse treatment program with the Department of Mental Health (DMH).
The participant may request an administrative hearing on the cases where the participant was disqualified due to:
Complete the IM-87 Application for State Hearing and submit to the ECM/Work Site. Review Email Memorandum #41 dated 03/23/2015 for hearing document indexing instructions and other hearing request procedures.
The IM Hearings unit staff will be assigned hearing requests as they are submitted to the hearings portal. Once the hearing request is assigned, the hearings staff will be responsible for the program related to the hearing through completion of the hearing process. This includes processing any changes as it relates to the hearing decision.
Hearing staff will contact the Division of Legal Services (DLS) Administrative Hearings Unit (AHU) to obtain an agency attorney for drug testing related hearings. AHU will contact any additional personnel necessary to testify during hearings.
The IM Hearings Unit staff will update the Hearing Tracking (HEARING/FM6U) screen for hearings related to TA drug testing policies, including the hearing request and the hearing decision outcome.
The Division of Legal Services, Administrative Hearing Unit, sends a copy of the Notice of Administrative Hearing to the resident county FSD office email address. All resident county offices must:
Section 208.027 RSMo states that Temporary Assistance (TA) participants who do not meet certain requirements must be disqualified from the TA program for a period of three (3) years.
All disqualifications are automatically triggered on the Sanction Disqualification (SANDISQ/FMAM) screen in FAMIS. Staff will not need to enter a disqualification on drug testing related disqualifications.
Temporary Assistance (TA) applicants must cooperate with the drug screening process. If a participant answers “Decline to Declare” on the TA Drug Screening Question (TADRUG/FMN0) screen, this is not considered cooperation with the drug screening process. If they do not cooperate, once the TA case is approved, FAMIS begins the adverse action period to disqualify the applicant. FAMIS automatically makes the following updates to the Sanction Disqualification (SANDISQ/FMAM) screen:
Temporary Assistance (TA) participants, if required to complete a drug test for the illegal use of a controlled substance, must cooperate with all aspects of the drug testing process. Refer to Income Maintenance Manual section 0240.010.00 for more information regarding the drug testing process.
If the TA participant does not cooperate with the drug testing process, FAMIS begins the adverse action period to disqualify the applicant.
After the administrative hearing, if the hearing decision affirms the Family Support Division (FSD) decision, the TA participant is disqualified. FAMIS automatically makes the following updates to the Sanction Disqualification (SANDISQ/FMAM) screen:
All drug testing related disqualifications should be 36 months in length regardless of when the disqualification begins.
Temporary Assistance (TA) participants, if required to complete a substance abuse treatment program, must cooperate with all aspects of the substance abuse treatment program. Refer to Income Maintenance Manual section 0240.015.00 for more information regarding the substance abuse treatment program.