Library: Policy
340:10-4-1. Mandatory Drug Screening
Revised 11-1-23
(a) Per Section 230.52 of Title 56 of the Oklahoma Statues, adult parents, or needy caretakers who apply for Temporary Assistance for Needy Families (TANF) cash assistance are screened for illegal use of a controlled substance. This screening is necessary to ensure that children are safe in their own homes by ensuring their adult parent(s) or needy caretaker is not using or is not under the influence of illegal substances. Minor parents under 18 years of age are exempt from the provisions in this Section. • 1
(b) The minimum drug screening includes a Substance Abuse Subtle Screening Inventory (SASSI). Additional screening methods may be used based on the person's history with Oklahoma Human Services (OKDHS). When the SASSI screening results high probability, high defense, or invalid, or the client self-declares a substance abuse problem, the client completes a chemical drug screen. • 2
(1) When drug screening results indicate low probability or are negative for the illegal use of a controlled substance, the worker does not include substance abuse treatment or mental health counseling as a part of the adult parent's or needy caretaker's employability plan.
(2) When the chemical drug screen shows a positive result for an illegal substance, the:
(A) adult parent or needy caretaker must participate in substance abuse treatment or mental health counseling as a part of the employability plan, per Oklahoma Administrative Code 340:10-2-3; and • 3
(B) worker considers whether a referral to the Child Abuse and Neglect Hotline at 1-800-522-3511 is appropriate given the circumstances surrounding the positive result and the statutory requirements in Section 1-2-101 of Title 10A of the Oklahoma Statutes (10A O.S. §1-2-101), 10A O.S. § 1-1-105(23), and 10A § 1-1-105(49). • 4
(c) When all other eligibility factors have been met, the OKDHS worker certifies the adult parent or needy caretaker's needs.
(d) At any point OKDHS has reasonable cause to believe the adult parent or needy caretaker currently receiving TANF cash assistance is engaged in the illegal use of a controlled substance, the adult parent or needy caretaker is required to be screened. OKDHS requests a chemical drug screen. Behaviors OKDHS or community resource partners observe and report that might indicate illegal use of a controlled substance include, but are not limited to: • 5
(1) slurred speech;
(2) unsteady gait;
(3) inability to focus;
(4) lethargy;
(5) excessive nervousness or agitation;
(6) showing flat affect or no emotion;
(7) inappropriate responses to questions;
(8) inappropriate anger or hostility;
(9) excessive worry;
(10) facial tics or muscle spasms;
(11) erratic attendance in TANF Work activities;
(12) lack of follow through with agreed upon plans; or
(13) government or law enforcement documents indicating the person was engaged in the illegal possession or use of a controlled substance within the last 30-calendar days.
(e) The TANF benefits are closed when the adult parent or needy caretaker refuses to comply or fails to follow through with the screening or employability plan. • 6
INSTRUCTIONS TO STAFF 340:10-4-1
Revised 11-1-23
1. (a) The worker counsels the adult parent or needy caretaker regarding Oklahoma Human Services (OKDHS) mandatory drug screening policy prior to initiating the drug screening referral process by discussing Form 08TA011E, Drug Screen Requirements Acknowledgement, with the applicant and having the applicant sign Form 08TA011E acknowledging understanding. The discussion includes, but is not limited to, informing the client that by state statute:
(1) OKDHS may require a chemical drug screen;
(2) OKDHS may make a referral to the Child Abuse and Neglect Hotline (Hotline) as a result of a positive screen; and
(3) the parent or needy caretaker has a right to withdraw the TANF application with no drug screen or child welfare referral required or penalty applied. This request may be made before or after the Substance Abuse Subtle Screening Inventory (SASSI) is completed, but it must be made before the chemical drug screen is initiated. Once the chemical drug test seal is broken, the parent or needy caretaker may not withdraw the application. If parent or needy caretaker refuses to complete chemical drug screen, the worker denies the TANF benefit for reason 44 "Failed or refused to cooperate in determining eligibility.
(b) The worker completes Form 08TW003E, Interagency Referral and Information, to refer adult applicants to a designated provider to conduct the SASSI.
(1) When the client's SASSI result is high probability, invalid, or high defense, and the client currently receives inpatient or outpatient substance abuse treatment, the client is not referred for further testing. The worker requests a statement from the current treatment provider stating whether the client was clean for the past 30-calendar days.
(2) When the client is not in treatment and the SASSI result is high probability, invalid, or high defense, the designated provider completes a chemical drug screen.
(3) The designated provider gives the original Consent for Release of Confidential Information form and emails a copy to the worker. The worker images a copy into the case file.
(c) In two-parent families, both parents are required to be screened for the illegal use of a controlled substance.
2. The worker updates the TANF Work Assessment or AUTH. AT ASMT tab to track the substance abuse screening, assessment, chemical drug testing, or treatment results. When the client currently participates in an inpatient or outpatient substance abuse treatment program, the worker codes the SASSI as low probability, documents the reason for the coding in Family Assistance/Client Services (FACS) case notes, and images the provider statement to the case record.
3. Refer to Oklahoma Administrative Code (OAC) 340:10-2-6 for referral information to substance abuse counseling or mental health treatment.
4. (a) The parent or caretaker must protect any children from the parent's or caretaker's illegal drug use, possession, sale, or manufacturing. Since OKDHS may not know under what circumstances a parent or caretaker uses or possesses an illegal controlled substance, the worker only makes a Hotline referral when there are other reasons to suspect of child abuse or neglect. OKDHS workers are mandatory reporters, per OAC 340:2-3-33, and workers must remain aware of circumstances warranting a Hotline referral and ask appropriate questions of TANF applicants to help establish or rule out suspicion of abuse or neglect.
(b) The worker should staff any questionable scenarios with the worker's supervisor. The supervisor may email AFS.TANF@okdhs.org if the supervisor has questions.
(c) The worker must document the referral date and number in Family Assistance/Client Service (FACS) case notes when the worker makes a Hotline referral.
5. The presence of one or more of these indicators does not necessarily indicate the illegal use of a controlled substance. The worker reviews the client's situation on a case-by-case basis to determine if there are other factors that might cause the client to exhibit some of these behaviors, such as medical problems, mental health issues, or domestic violence. The worker must document all information regarding reasonable cause in FACS case notes.
6. The worker must document the client's failure or refusal to cooperate in FACS case notes and establish if good cause exists, per OAC 340:10-2-2.
