(a)

1. (1) In accordance with Acts 2015, No. 1205, drug screenings of Arkansas Work Pays Program applicants and participants will be conducted during initial eligibility determination and continued eligibility redetermination/reevaluation.
2. (2) The drug screenings will be used to determine whether there is a reasonable cause to believe the applicant or recipient engages in illegal drug use.
3. (3) Drug testing results and information will be kept confidential.

(b) Note.

1. (1) Employer-required drug screening and/or testing is separate from the Transitional Employment Assistance Program and Arkansas Work Pays Program drug screening and testing program.
2. (2) An employer’s drug screening, testing, and/or test results cannot be used in place of this Arkansas Work Pays Program requirement.

(c) Exemptions from drug screening and testing.

1. (1) The following individuals are exempt from drug screening and testing requirements:

   1. (A) A dependent child under the age of eighteen (18);
   2. (B) A non-head-of-household minor parent who lives in the home of his or her:

(i) Parent;

1. (ii) Legal guardian; or

   1. (iii) Other adult relative; and
   2. (C) An individual who is a participant in the Career Pathways Program or a Community Investment Initiative under the Arkansas Work Pays Program.

2. (2) Exception. A head-of-household minor parent who applies for the Arkansas Work Pays Program and does not live with a parent, legal guardian, or other adult caretaker relative is not exempt from the drug-screening requirement.

   1. (d) Cooperation with drug testing.

3. (1)

   1. (A) If the drug assessment questionnaire (DAQ) indicates a reasonable suspicion that an applicant/participant has engaged in illegal use of drugs, that person will be required to take a drug test.
   2. (B) The Program Eligibility Specialist will email the Temporary Assistance for Needy Families Family Support Unit of the Department of Human Services regarding the DAQ’s indicated use of illegal drugs.
   3. (C) The Temporary Assistance for Needy Families Family Support Unit will coordinate with the individual for drug testing and/or treatment.
   4. (D) The Temporary Assistance for Needy Families Family Support Unit will notify the Program Eligibility Specialist regarding participation status.

4. (2)

   1. (A) If the otherwise eligible applicant or participant refuses and/or fails to cooperate with the drug testing process, the Arkansas Work Pays Program case will be closed.
   2. (B) If the individual reapplies for the Arkansas Work Pays Program and is otherwise eligible, he or she must submit to a drug test.
5. (3) If the result of the drug test is negative the case will be approved/remain open.

6. (4) If the result of the drug test is positive:

   1. (A)

      1. (i) A plan of action will be developed in coordination with the individual.
      2. (ii) The plan of action will include a substance abuse evaluation to determine the appropriate drug treatment plan and/or recovery support group or resource.
      3. (iii) Failure to cooperate with the plan of action will result in case closure; or

   2. (B)

      1. (i) If an applicant/participant that is otherwise eligible fails a drug test but has a valid prescription for the drug in question, the Arkansas Work Pays Program application/case will not be denied/closed pending additional testing.
      2. (ii) The same urine sample from the first positive test will be used to conduct a drug confirmation test.
      3. (iii) The results of the confirmation will be used to determine final eligibility for Arkansas Work Pays Program benefits.

(e) Referral for substance abuse evaluation and drug abuse treatment.

1. (1)

   1. (A) If the results of the drug confirmation test indicate usage of drugs, the Program Eligibility Specialist will refer the applicant or participant who is otherwise eligible for a substance abuse evaluation.
   2. (B) An appropriate drug treatment plan and/or recovery support group or resource will then be determined.
   3. (C) The treatment period should not exceed six (6) months.

2. (2) If the substance abuse evaluation indicates that the applicant or participant who is otherwise eligible does not need drug abuse treatment and/or drug recovery support:

   1. (A) No drug treatment will be required; and
   2. (B) The applicant or participant will continue to be eligible and the Department of Human Services will move forward with eligibility determination/reevaluation based on Arkansas Work Pays Program requirements.

3. (3) If the substance abuse evaluation indicates that the applicant or participant who is otherwise eligible does need drug abuse treatment and/or drug recovery support:

   1. (A) The Program Eligibility Specialist will coordinate with the Temporary Assistance for Needy Families Family Support Unit to make sure the applicant/participant is referred to an appropriate drug treatment facility and/or recovery support group or resource; and

   2. (B) After the referral has been made, the applicant or participant that is otherwise eligible has ten (10) business days to provide the following information to the Program Eligibility Specialist, as required under the drug treatment plan:

      1. (i) Verification of enrollment in an approved drug treatment program;
      2. (ii) Verification of placement on a waiting list for an approved drug treatment program; or
      3. (iii) Verification of attendance at an approved drug recovery support group/resource meeting.

(f) Compliance with drug abuse treatment plan of action.

1. (1)

   1. (A) The approved drug treatment plan and/or drug recovery support should not exceed a period of six (6) months.

   2. (B) The six-month period will begin with the:

      1. (i) Date of the first treatment session in the drug abuse treatment program; or
      2. (ii) First date of attendance at a drug recovery support group/resource meeting.

2. (2) In order for an applicant or participant who is otherwise eligible to receive a full Arkansas Work Pays Program payment during this six-month treatment period, he or she must:

   1. (A) Comply with the drug abuse treatment/drug recovery plan of action; and
   2. (B) Submit bi-weekly documentation of attendance and participation.

3. (3)

   1. (A) If the drug treatment plan requires more than six (6) months of care, the applicant or participant who is otherwise eligible must submit to a drug test after six (6) months of treatment in order to determine continued Arkansas Work Pays Program eligibility.
   2. (B) If the result of the drug test is negative, the case will be approved/remain open.

   3. (C)

      1. (i) If the result of the drug test is positive, a drug confirmation test will be conducted in accordance with subsection (d) of this section.
      2. (ii) The results of the confirmation will be used to determine final eligibility.
4. (4) If the applicant or participant who is otherwise eligible is placed on a waiting list for an approved drug treatment program and no other comparable program is available, he or she will receive full Arkansas Work Pays Program payments until an approved treatment program becomes available.

5. (5)

   1. (A) Failure to comply without good cause with the treatment plan will result in case closure.
   2. (B) Refer to 20 CAR § 503-1521.

(g) Good cause for noncompliance with drug treatment/recovery support.

1. (1)

   1. (A) The Program Eligibility Specialist will determine whether an applicant or otherwise eligible participant has good cause for failure to begin, participate in, and/or complete the drug treatment/recovery support resource program.
   2. (B) The Program Eligibility Specialist must consider the circumstances of each case as well as the specific requirements of a drug treatment/recovery support program.
2. (2) If it is determined that good cause exists, the Program Eligibility Specialist and immediate supervisor will work together with the Temporary Assistance for Needy Families Family Support Unit and/or drug treatment/recovery support program to amend the plan so it allows the applicant or participant to complete the requirements in a manner consistent with his or her abilities.