Friday, September 5, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB365: Substance abuse screening; person become ineligible for public assistance if using illegal drugs.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 63.2-608.1 as follows:
§ 63.2-608.1 Eligibility for VIEW; substance abuse screening.
As a condition of participation in VIEW, the local director shall screen each participant to determine whether probable cause exists to believe such participant is engaged in the use of illegal drugs. Such screening shall utilize a standardized screening instrument developed by the department together with the Department of Mental Health, Mental Retardation and Substance Abuse Services. Screenings shall be performed by a representative of the department at the time of application and periodically thereafter but not more frequently than every six months. If a screening indicates that there is reason to believe that the VIEW participant is engaged in the use of illegal drugs, the department shall require a formal substance abuse assessment, which may include drug testing, to be performed by a substance abuse treatment professional licensed by the Department of Health Professions.
Any person who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of illegal drugs shall be ineligible to receive TANF payments pursuant to this chapter. Other members of a household that includes a person who has failed or refused to participate in a screening or assessment or who tested positive for the use of illegal drugs shall, if otherwise eligible, receive TANF payments pursuant to this chapter as protective or vendor payments to a third party payee for the benefit of the members of the household.
Persons deemed ineligible for TANF assistance due to failure or refusal to participate in a screening or assessment or for testing positive for the use of illegal drugs may reapply for assistance after 12 months have elapsed from the date of initial ineligibility.
Be it enacted by the General Assembly of Virginia:
1. That § 63.2-503 of the Code of Virginia is amended and reenacted as follows:
§ 63.2-503. Procedure upon receipt of application.
A. Upon receipt of the application for public assistance, the local director shall make or cause to be made promptly such investigation as he deems necessary to determine the completeness and correctness of the statements contained in the application and to ascertain the facts supporting the application and such other information as the local board or the Commissioner may require, and shall submit recommendations in writing to the local board.
The Board may by regulation authorize the local directors to provide immediate and temporary assistance to persons pending action of the local boards.
B. The investigation shall include a screening for use of illegal drugs using a standardized screening instrument to be developed by the department together with the Department of Mental Health, Mental Retardation and Substance Abuse Services. Screenings shall be performed by a representative of the department at the time of application and periodically thereafter but not more frequently than every six months. If a screening indicates that there is reason to believe that an applicant or recipient is using illegal drugs, the department shall require a formal substance abuse assessment, which may include drug testing, to be performed by a substance abuse treatment professional licensed by the Department of Health Professions.
Any person who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of illegal drugs shall be ineligible for public assistance. Other members of a household that includes a person who has failed or refused to participate in a screening or assessment or who tested positive for the use of illegal drugs shall, if otherwise eligible, receive public assistance as protective or vendor payments to a third party payee for the benefit of the members of the household.
Persons deemed ineligible for public assistance on the basis of failure or refusal to participate in a screening or assessment or for testing positive for the use of illegal drugs may reapply for public assistance after twelve months have elapsed from the date of initial ineligibility.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.