Okla. Admin. Code § 340:10-4-1

Current through Vol. 42, No. 6, December 2, 2024

Section 340:10-4-1 - Mandatory Drug Screening

(a) Per Section 230.52 of Title 56 of the Oklahoma Statues, adult parents, or needy caretakers who apply for Temporary Assistance for Needy Families (TANF) cash assistance are screened for illegal use of a controlled substance. This screening is necessary to ensure that children are safe in their own homes by ensuring their adult parent(s) or needy caretaker is not using or is not under the influence of illegal substances. Minor parents under 18 years of age are exempt from the provisions in this Section.

(b) The minimum drug screening includes a Substance Abuse Subtle Screening Inventory (SASSI). Additional screening methods may be used based on the person's history with Oklahoma Human Services (OKDHS). When the SASSI screening results high probability, high defense, or invalid, or the client self-declares a substance abuse problem, the client completes a chemical drug screen.

(1) When drug screening results indicate low probability or are negative for the illegal use of a controlled substance, the worker does not include substance abuse treatment or mental health counseling as a part of the adult parent's or needy caretaker's employability plan.

(2) When the chemical drug screen shows a positive result for an illegal substance, the:

(A) adult parent or needy caretaker must participate in substance abuse treatment or mental health counseling as a part of the employability plan, per Oklahoma Administrative Code 340:10-2-3; and

(B) worker considers whether a referral to the Child Abuse and Neglect Hotline at 1-800-522-3511 is appropriate given the circumstances surrounding the positive result and the statutory requirements in Section 1-2-101 of Title 10A of the Oklahoma Statutes (10A O.S. §1-2-101), 10A O.S. § 1-1-105(23), and 10A § 1-1-105(49).

(c) When all other eligibility factors have been met, the OKDHS worker certifies the adult parent or needy caretaker's needs.

(d) At any point OKDHS has reasonable cause to believe the adult parent or needy caretaker currently receiving TANF cash assistance is engaged in the illegal use of a controlled substance, the adult parent or needy caretaker is required to be screened. OKDHS requests a chemical drug screen. Behaviors OKDHS or community resource partners observe and report that might indicate illegal use of a controlled substance include, but are not limited to:

(1) slurred speech;

(2) unsteady gait;

(3) inability to focus;

(4) lethargy;

(5) excessive nervousness or agitation;

(6) showing flat affect or no emotion;

(7) inappropriate responses to questions;

(8) inappropriate anger or hostility;

(9) excessive worry;

(10) facial tics or muscle spasms;

(11) erratic attendance in TANF Work activities;

(12) lack of follow through with agreed upon plans; or

(13) government or law enforcement documents indicating the person was engaged in the illegal possession or use of a controlled substance within the last 30-calendar days.

(e) The TANF benefits are closed when the adult parent or needy caretaker refuses to comply or fails to follow through with the screening or employability plan.

Okla. Admin. Code § 340:10-4-1

Added at 30 Ok Reg 338, eff 12-5-12 (emergency); Added at 30 Ok Reg 1349, eff 7-1-13

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/15/2020

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023

Amended by Oklahoma Register, Volume 41, Issue 8, January 2, 2024, eff. 11/21/2023, exp. 9/14/2024 (Emergency)

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024