Section 1240-01-57-.07 - REFERRAL FOR SUBSTANCE ABUSE EVALUATION, TREATMENT, INELIGIBILITY FOR BENEFITS, APPEALS(1) Drug Treatment Referral. If the results of the confirmation test indicate usage of drugs as defined in this Chapter, the Department shall refer the Families First/TANF recipient for a substance abuse evaluation to determine the appropriate treatment plan and/or recovery support group or resource. (a) If, as a result of the substance abuse evaluation, the Families First/TANF recipient is determined not to need any drug treatment or drug recovery support, the recipient shall be exempt from the drug treatment requirements under this Chapter and shall continue to be eligible for Families First/TANF benefits.(b) After submitting to a substance abuse evaluation, if the Families First/TANF recipient is determined to require drug abuse treatment and/or recovery support, the Department, in conjunction with the agency performing the substance abuse evaluation, shall refer the recipient to an appropriate drug treatment facility and/or recovery support group or resource to begin the drug treatment/recovery support plan. The recipient shall have ten (10) business days, after a referral for treatment is made, to provide the Department any of the following, as required under the drug treatment plan: 1. Verification of enrollment in an approved drug treatment program;2. Verification of placement on a waiting list for an approved drug treatment program; or3. Verification of attendance at approved recovery support resource meeting.(c) If the Families First/TANF recipient is placed on a waiting list for enrollment in an approved drug treatment program, the recipient shall continue to receive benefits during the waiting list period; provided, however, the recipient is not eligible for immediate enrollment in any other comparable drug treatment program.(d) The recipient shall receive benefits for the duration of the drug treatment period, not to exceed six (6) months. 1. The drug treatment period shall begin with the date of the first treatment session in the drug treatment program or the first date of attendance at a drug recovery support group/resource meeting.2. To receive Families First/TANF benefits for the duration of the drug treatment program, not to exceed six (6) months, the recipient must provide the Department with evidence of ongoing compliance with the drug treatment program or recovery support resource, including, but not limited to, verification of attendance and participation in the program on a weekly basis or as otherwise necessitated by the individual treatment plan.3. If the drug treatment plan requires more than six (6) months in a continuum of care, the Families First/TANF recipient may submit to a drug test at the end of six (6) months of treatment to determine the recipient's continued eligibility for Families First/TANF benefits.(e) At the conclusion of the drug treatment period, the Families First/TANF recipient shall submit to another five (5) panel drug test in accordance with this Chapter. 1. If the recipient tests positive for drugs as defined in this Chapter, validated by a confirmation test and evaluated by a MRO, the recipient shall be ineligible to receive cash assistance benefits for six (6) months from the date of the positive confirmation test.2. After the six (6) month disqualification period, if the disqualified individual reapplies for Families First/TANF benefits, the applicant shall submit to a drug test, conducted pursuant to this Chapter. If the applicant tests positive for drugs as defined in this Chapter, in a subsequent drug test, validated by a confirmation test, the recipient shall be ineligible to receive Families First/TANF benefits for one (1) year from the date of the positive confirmation test.(2) If the recipient fails to begin, participate in, and/or complete, the drug treatment/recovery support resource program after a Department referral for a substance abuse evaluation, the recipient shall be ineligible for cash assistance benefits for six (6) months.(a) Good cause. The Families First/TANF recipient may submit verification of good cause to the Department for his/her failure to begin, complete, and/or participate in the drug treatment program/recovery support resource. 1. The Department shall determine whether an individual has good cause for failure to begin, participate in, and/or complete the drug treatment/recovery support resource program by considering the exigency of the applicant's circumstances, whether failure to comply is the result of circumstances beyond the applicant's control and the requirements of the applicant's drug treatment and/or recovery support program.2. If the Department determines that good cause exists, the Department shall work in collaboration with the substance abuse evaluation agency and/or the drug treatment program to amend the recipient's drug treatment plan so that the recipient is able to complete the requirements of the drug treatment plan consistent with his/her abilities.3. The recipient shall not receive cash assistance benefits for longer than six (6) months during drug treatment prior to undergoing a subsequent drug test, as set forth below.4. If, after amending the recipient's drug treatment plan to meet the recipient's needs and abilities, the recipient fails to begin, participate in, or complete the drug treatment program, the recipient shall be ineligible for six (6) months. After the six (6) month disqualification period, the recipient shall submit to another drug test, pursuant to subparagraph (b) below.(b) At the conclusion of the six (6) month disqualification period, the Families First/TANF recipient shall submit to another five (5) panel drug test in accordance with this Chapter. If the recipient tests positive for drugs as defined in this Chapter, in a subsequent drug test, validated by a confirmation test and verified by a MRO, the recipient shall be ineligible to receive Families First/TANF benefits for one (1) year from the date of the positive confirmation test.(3) Protective Payees. (a) If a caretaker relative is found ineligible to receive Families First/TANF benefits as a result of a positive drug test or failure to begin, participate in, and/or complete the drug treatment/recovery support resource program, that caretaker relative shall be removed from the Assistance Unit and the dependent child's eligibility for Families First/TANF benefits shall not be affected.(b) The Department shall designate a protective payee, either a caretaker relative or legal guardian of the child, to receive the dependent child's Families First/TANF benefits for a child less than sixteen (16) years of age; provided, however, for purposes of this Chapter, that no person who is the applicant for Families First/TANF benefits and tests positive for the use of drugs as defined in this Chapter shall serve as a protective payee.(4) The Families First/TANF recipients participating in a drug treatment or recovery support program under this Chapter shall receive necessary child care services during drug treatment, provided, however, the recipient is participating in a work or educational activities requirement as required by the Families First/TANF program.(5) Appeals. A Families First/TANF applicant or recipient may appeal any denial of eligibility for Families First/TANF benefits under this Chapter according to appeal procedures set forth in Chapter 1240-5 and Title 4, Chapter 5, Part 3 of the Uniform Administrative Procedures Act.Tenn. Comp. R. & Regs. 1240-01-57-.07
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, 42 U.S.C. § 608(b)(2)(A)(v).