NY A04401

TANF recipients age 18 and older must submit to pre-qualification substance abuse screening, random drug testing, reasonable suspicion drug testing, and resumption of benefits drug testing as a condition of receiving assistance.

Individuals who test positive must enroll in drug abuse treatment within 30 days or become ineligible for TANF for 3 months; those in treatment must test negative on two consecutive tests within 4 months or lose eligibility for 3 months.

Individuals who test positive upon reapplication after ineligibility become permanently ineligible for TANF themselves, and any child in their care becomes ineligible as long as the child resides with them.

Reasonable suspicion for drug testing includes being charged with controlled substance offenses, failing prior drug tests, or screening positive on a substance abuse assessment; at least 50% of individuals flagged by screening must be tested and 25% of prior failed testers must be randomly tested monthly.

Positive test costs are withheld from future TANF payments; drug test results cannot be used in criminal proceedings; all determinations of ineligibility are subject to appeal and judicial review.