Mo. Code Regs. tit. 13 § 40-2.410
Current through Register Vol. 49, No. 23, December 2, 2024
Section 13 CSR 40-2.410 - Screening Temporary Assistance Applicants and Recipients for Illegal Use of a Controlled SubstancePURPOSE: This amendment changes (1)(B)2. by adding the term "suspended imposition of sentence," deletes language in (1)(C), amends (1)(D) to clarify when the three (3) year period of ineligibil-ity begins for a refusal to cooperate with the screening process and adds clarifying language to section (2).
(1) The Family Support Division shall conduct a screening to determine illegal use of a controlled substance for all Temporary Assistance applicants and recipients who are age eighteen (18) or older, are the head-of-the-household, and are otherwise eligible for Temporary Assistance benefits as defined in 13 CSR 40-2.300 through 13 CSR 40-2.370. (A) The individual must cooperate with the screening process. 1. The individual must agree to complete the screening process.2. The individual must answer all questions.(B) Screening shall consist of the following two (2) processes: 1. The individual shall submit answers to a screening tool administrated by the Family Support Division at the time of application; and2. The Family Support Division shall conduct a periodic match of Temporary Assistance recipients with the Missouri State Highway Patrol law enforcement records for individuals that have an arrest, suspended imposition of sentence, or conviction for a misdemeanor or felony drug offense upon implementation of the screening process.(C) The individual may request referral to and then must successfully complete an appropriate substance abuse treatment program as set forth in 13 CSR 40-2.430 in lieu of a drug test as set forth in 13 CSR 40-2.420(D) The division shall not provide Temporary Assistance to or on behalf of an individual who refuses to cooperate with the screening process. The individual is ineligible for Temporary Assistance for a period of three (3) years from the date of a refusal to cooperate with the screening process or an administrative hearing decision if a hearing is requested and the division is affirmed. The hearing process is set forth in 13 CSR 40-2.440.(2) TThe individual shall submit to a urine dipstick five- (5-) panel drug test, as set forth in 13 CSR 40-2.420 if-(A) The individual's response to the screening tool gives rise to reasonable suspicion the individual engages in the illegal use of a controlled substance; or(B) An individual has an arrest or conviction for a misdemeanor or felony drug offense from the match with the Missouri Highway Patrol within the preceding twelve (12) months of the date of the match with the Missouri Highway Patrol. AUTHORITY: section 208.027, RSMo Supp. 2012.* Original rule filed June 29, 2012, effective Feb. 28, 2013. Amended by Missouri Register March 16, 2015/Volume 40, Number 06, effective 4/30/2015*Original authority: 208.027, RSMo 2011.