(a)
- (1) All Arkansas Work Pays Program cases will be reevaluated by the Department of Human Services processing unit every six (6) months to determine continued eligibility.
(2) The following criteria must be met:
- (A) There must be an eligible child in the home; and
- (B) The participant’s gross earned income plus other countable income must be below the one hundred fifty percent (150%) federal poverty level for the family size.
(b)
- (1) The processing unit will also conduct yearly drug assessment reevaluations on all Arkansas Work Pays Program cases.
- (2) Each nonexempt adult included in the Arkansas Work Pays Program budget unit must complete and return a separate drug assessment questionnaire (DAQ).
- (3) Refer to 20 CAR § 503-1506(c) for a list of individuals who are exempt from drug screening and testing requirements.
(c)
- (1) The division’s processing unit will mail a ten-day notice with a questionnaire to each nonexempt adult in the budget unit.
(2) The notice must indicate that:
- (A) The questionnaire must be completed and returned in order to determine continued eligibility for the Arkansas Work Pays Program; and
- (B)
(i) The case will be closed if each questionnaire received in the household is not returned before the ten-day notice expires.
(ii) This action is based on 20 CAR § 503-1506, drug screenings.
- (d) Once the DAQ has been completed and returned, the following actions will be taken:
- (1) If all nonexempt participants in the budget unit answer “No” to all questions on the DAQ concerning illegal drug use, continued eligibility based on this requirement has been established; or
- (2) If any nonexempt participant in the budget unit answers “Yes” to any questions on the DAQ concerning illegal drug use, then the Program Eligibility Specialist must contact the Temporary Assistance for Needy Families Family Support Unit of the Department of Human Services for drug testing coordination.
(e) Note.
- (1) Refusal by either nonexempt adult on the case to complete the DAQ will result in case closure.
- (2) The case will also be closed if either nonexempt adult on the case fails to return an individual DAQ before the ten-day notice expires. Example: In a two-parent/adult Arkansas Work Pays Program case, one (1) parent is completing all of the hours for the household. However, both parents/adults are included in the Arkansas Work Pays Program budget unit. A total of two (2) advance notices (TEA-1) and two (2) DAQs must be sent to the household for the purpose of establishing the household’s continued eligibility. Both DAQs must be completed and returned before the ten-day notices expire in order for the case to remain open. The case will be closed in ten (10) days if one (1) adult or both adults fail to comply.
- (f) Any case closure as a result of drug screening or drug testing may be appealed in accordance with the appeal procedures in 20 CAR § 503-1001 et seq.