§ 5-314. Temporary cash assistance -- Adult or minor parent substance abuse treatment

   (a) "Addictions specialist" defined. -- In this section, "addictions specialist" means an addictions specialist who is located on-site at a local department.

(b) Screening by addictions specialist. --

   (1) An addictions specialist shall assess the need of any adult or minor parent applicant or recipient for substance abuse treatment:

      (i) at the initial application for temporary cash assistance; or

      (ii) when considered appropriate by the FIP case manager of the local department.

   (2) The addictions specialist shall screen the applicant or recipient to expose potential barriers that the applicant or recipient may have in obtaining employment such as a substance abuse problem.

   (3) The addictions specialist shall inform each adult or minor parent applicant or recipient of the requirements of FIP regarding substance abuse treatment.

   (4) If the applicant or recipient does not complete the screening required under paragraph (2) of this subsection, the addictions specialist shall notify the FIP case manager.

(c) Assessment; treatment. --

   (1) If the screening performed by the addictions specialist reveals that an applicant or recipient has a substance abuse problem, the addictions specialist shall:

      (i) conduct, or refer for, an assessment of the applicant's or recipient's substance abuse problem and, if appropriate, determine placement for treatment and related support services;

      (ii) refer the applicant or recipient for appropriate substance abuse treatment and related support services;

      (iii) obtain the signature of the applicant or recipient on a form consenting to the release of confidential substance abuse treatment information;

      (iv) forward the consent form to the appropriate substance abuse treatment provider; and

      (v) obtain any necessary treatment information from the substance abuse treatment provider.

   (2) (i) The substance abuse treatment provider shall notify the addictions specialist of the ongoing treatment status of the applicant or recipient.

      (ii) The addictions specialist shall notify the FIP case manager if an applicant or recipient:

         1. fails to complete the assessment required under paragraph (1) (i) of this subsection;

         2. fails to sign the consent form required under paragraph (1) (iii) of this subsection;

         3. is referred for appropriate substance abuse treatment;

         4. is awaiting the availability of appropriate treatment;

         5. fails to enroll or maintain enrollment with an available substance treatment provider or to complete the treatment protocol;

         6. is enrolled in a treatment program; or

         7. successfully completes treatment.

      (iii) The addictions specialist shall also notify the FIP case manager regarding the ongoing treatment status of the applicant or recipient.

(d) Compliance. -- An adult or minor parent applicant or recipient who complies with the substance abuse treatment requirements of the FIP:

   (1) shall receive a full temporary cash assistance benefit as long as the applicant or recipient meets the other temporary cash assistance eligibility requirements; and

   (2) may be exempt from the work activity requirements for a period of time determined by the FIP case manager in consultation with the addictions specialist.

(e) Noncompliance -- In general. -- An adult or minor parent applicant or recipient is not in compliance with FIP requirements if the FIP case manager receives notice from the addictions specialist that the applicant or recipient:

   (1) fails to complete the screening or assessment required under subsections (b)(2) and (c)(1)(i) of this section;

   (2) fails to sign the consent form required under subsection (c)(1)(iii) of this section; or

   (3) is referred for appropriate and available substance abuse treatment by the addictions specialist but fails to enroll or to maintain active enrollment in the treatment program or complete the treatment protocol.

(f) Noncompliance -- Notice to applicants. -- After the FIP case manager receives a notice under subsection (e) of this section, the local department shall:

   (1) send a denial notice to the adult or minor parent applicant that:

      (i) states:

         1. that the applicant has not met FIP requirements;

         2. the specific reason why the applicant is not eligible for FIP; and

         3. that if the applicant fails to fulfill the requirements on or before the 30th work day after the application for temporary cash assistance was filed, the application is denied; and

      (ii) notifies the applicant of the applicant's right to appeal and the procedures for filing an appeal; and

   (2) separately determine eligibility for medical assistance and food stamps.

(g) Noncompliance -- Notice to recipients. -- After the FIP case manager receives a notice under subsection (e) of this section, the local department shall send a notice to the adult or minor parent recipient that:

   (1) identifies the recipient who is not in compliance with FIP requirements;

   (2) states the specific reason why that recipient is not in compliance with FIP requirements; and

   (3) states that 30 days after the date of the notice:

      (i) the temporary cash assistance benefits will be reduced by that increment in cash benefits attributable to the noncompliant recipient; and

      (ii) the remainder of the cash benefits for the child or children in the FIP case will be paid to a third party payee or a compliant adult recipient; and

   (4) notifies the recipient of the recipient's right to appeal and the procedures for filing an appeal.

(h) Noncompliance -- Reduction of benefits. --

   (1) The local department shall reduce the temporary cash assistance benefits of an adult or minor parent recipient and pay the remainder of the cash benefits to a third party payee or a compliant adult recipient as described in subsection (g) of this section, if:

      (i) the recipient fails to complete a substance abuse screening or assessment by an addictions specialist, as required under subsections (b)(2) and (c)(1)(i) of this section; or

      (ii) the required screening and assessment or the results of any follow-up diagnostic testing or treatment reveal that the recipient is a substance abuser and the recipient refuses to enroll or maintain enrollment in available and appropriate substance abuse treatment.

   (2) The local department shall continue to make temporary cash assistance benefits payments to a third party payee or a compliant adult recipient until the local department receives notice from the addictions specialist that the recipient is actively enrolled, as defined by the Alcohol and Drug Abuse Administration, in the appropriate substance abuse treatment indicated by the addictions specialist.

(i) Reinstatement of benefits. -- The local department may not deny an adult or minor parent applicant's temporary cash assistance benefit or reduce an adult or minor parent recipient's temporary cash assistance benefit as described under subsections (f) and (g) of this section, if the applicant or recipient:

   (1) receives the screening and assessment required under subsections (b)(2) and (c)(1)(i) of this section, and the screening and assessment or the results of any follow-up diagnostic testing or treatment reveal that the applicant or recipient is a substance abuser; and

   (2) agrees to participate in appropriate substance abuse treatment, as determined by the addictions specialist, but the appropriate substance abuse treatment is not available.

(j) Medical assistance and food stamp eligibility. -- The denial or reduction of temporary cash assistance under this section does not affect an adult or minor parent applicant or recipient's eligibility for medical assistance and food stamps, as long as the applicant or recipient meets the medical assistance and food stamp program requirements.

HISTORY: An. Code 1957, art. 88A, § 50A; 2007, ch. 3, § 2.