Section 1240-01-57-.02 - DEFINITIONSFor the purposes of this Chapter:
(1) "Assistance Unit (AU)" means the "aid group (AG)" or group of people applying for or receiving Families First/TANF cash assistance benefits.(2) "Applicant" is an individual who makes application for Families First/TANF cash assistance.(3) "Caretaker relative" means the father, mother, grandfather or grandmother of any degree, brother or sister of the whole or half-blood, stepfather, stepmother, stepbrother, stepsister, aunt or uncle of any degree, first cousin, nephew or niece, the relatives by adoption within the previously named classes of persons, and the biological relatives within the previous degrees of relationship, and the legal spouses of persons within the previously named classes of persons, even if the marriage has been terminated by death or divorce, with whom a child is living.(4) "Chain of custody" means the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances, and providing for accountability at each stage in handling, testing and storing specimens and reporting test results.(5) "Child" or "children" means: (a) A person or persons under eighteen (18) years of age; or(b) A person who has not attained nineteen (19) years of age and who is a full-time student in a secondary school or the equivalent and who is expected to graduate by the person's nineteenth birthday.(6) "Confirmation test," "confirmed test" or "confirmed drug test" means a second analytical procedure used to identify the presence of a specific drug as defined in this Chapter, or its metabolite, in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity and quantitative accuracy.(7) "Department" means the Department of Human Services.(8) "Drug" means marijuana, cocaine, methamphetamine, amphetamine, and opiates, such as, but not limited to, morphine.(9) "Drug screening" consists of a questionnaire regarding the Families First applicant's current and prior use of drugs as defined in paragraph (8).(10) "Drug test" or "test" means any chemical, biological or physical instrumental analysis administered by an authorized drug testing agency, using the applicant's urine, for the purpose of determining the presence or absence of a drug or its metabolites pursuant to this Chapter.(11) "Drug testing agency" means an entity that has the required credentials as established by regulatory or certification authorities to administer tests using a person's urine, blood or DNA that will detect and validate the presence of drugs in such person's body.(12) "Drug treatment period" is the length of the treatment plan, not to exceed six (6) months. If the treatment plan requires more than six (6) months in a continuum of care, the Families First applicant may take a drug test at the end of six (6) months of treatment to determine the applicant's continued eligibility for Families First benefits.(13) "Drug treatment program" means a service provider that provides confidential, timely and expert identification, assessment and resolution of drug or alcohol abuse problems affecting persons, including residential/in-patient drug treatment and outpatient drug treatment.(14) "Families First" refers to the temporary public assistance program provided under Temporary Assistance for Needy Families (TANF), pursuant to Title IV-A of the Social Security Act.(15) "Five (5) panel test" means a drug test for marijuana, cocaine, methamphetamine, amphetamine, and opiates that uses a specimen of the applicant's urine.(16) "Initial drug test" means a procedure that qualifies as a "screening test" or "initial test."(17) "Legal guardian" means a person or entity that has the legal authority to provide for the care, supervision or control of a minor child as established by law or court order.(18) "Medical review officer (MRO)" means a licensed physician who has knowledge of substance abuse disorders, laboratory testing procedures and chain of custody collection procedures; who verifies positive, confirmed test results; and who has the necessary medical training to interpret and evaluate a Families First/TANF recipient's positive test result in relation to the recipient's medical history and current, valid prescription(s), or any other relevant biomedical information.(19) "Minor" is a person less than eighteen (18) years of age. A minor is considered a "dependent child" if he/she is living with a specified relative and is otherwise eligible.(20) "New applicant" is an applicant who has not received prior cash assistance under the Families First/TANF program or has not received cash assistance under the Families First/TANF program for at least one (1) month due to case closure, for any reason, prior to the application date.(21) "New application" means that the applicant has not received prior cash assistance under the Families First/TANF program or has not received cash assistance under the Families First/TANF program for at least one (1) month due to case closure, for any reason, prior to the application date.(22) "Protective payee" means a caretaker relative or a legal guardian of the child; provided, however, that the person defined as a caretaker relative or guardian who is the applicant for Families First/TANF benefits who tests positive for the use of a drug as defined in this Chapter shall be excluded from this definition.(23) "Recovery support" means a group or resource for drug abuse treatment and recovery, which includes self-help and support groups, such as, but not limited to, Narcotics Anonymous.(24) "Specimen" means tissue, fluid or a product of the human body capable of revealing the presence of drugs or their metabolites.(25) "Treatment plan" is a document used by an approved drug treatment agency that specifies an applicant's drug treatment program, activities, and continuum of care for a defined time period, subject to continuing assessments. The drug treatment plan may include residential treatment, out-patient treatment, or recovery support groups, or resources for assistance with the Families First/TANF recipient's drug abuse recovery.Tenn. Comp. R. & Regs. 1240-01-57-.02
Original rule filed April 2, 2014; effective 7/1/2014.Authority: T.C.A. §§ 4-5-201 et seq., 71-3-1201 et seq., 21 U.S.C. § 862b.