HB1395: Drug testing requirement for TANF eligibility.

Legislative Summary

Drug testing requirement for TANF eligibility. Provides that as a condition of receiving temporary assistance for needy families (TANF), an individual who is at least 18 years of age must submit to and pass: (1) a drug test at the time the individual applies to receive TANF; and (2) routine, randomly scheduled drug tests while the individual is receiving TANF (required drug tests). Provides that the testing requirement does not apply to an individual who receives TANF benefits on behalf of a child and does not receive TANF benefits on the individual's own behalf. Requires county offices of the office of the secretary of family and social services (FSSA) to inform TANF applicants of the drug testing requirement. Provides that an individual who fails a required drug test is ineligible to receive TANF benefits until the individual: (1) provides to FSSA evidence that the individual is participating in, or on a waiting list to participate in, a drug abuse treatment program; and (2) passes two consecutive drug tests. Provides for appointment of a representative payee to receive TANF on behalf of a child if the individual who would otherwise receive TANF on behalf of the child is ineligible for TANF as a result of failing a required drug test. Provides that if an individual fails a required drug test, FSSA shall withhold the amount of the cost of: (1) the drug test; and (2) any subsequent required drug test; from future TANF benefits the individual receives. Requires a county office of FSSA to provide a list of drug abuse treatment programs to an individual who fails a required drug test. Specifies requirements for a facility that administers a required drug test. Requires FSSA to provide to: (1) the Indiana housing and community development authority; and (2) any division of FSSA that implements the Supplemental Nutrition Assistance Program; the name of an individual who fails a required drug test. Provides that FSSA's records concerning the results of an individual's required drug test may not be admitted against the individual in a criminal proceeding. Provides for administrative remedies and an appeals process with regard to the drug testing requirement. Requires FSSA to collect data to assess and prevent discrimination based on race, ethnicity, or sex with regard to the administration of the drug testing requirement. Consolidates overlapping definitions of "TANF" and "TANF program".