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West Virginia Legislature· HB 5582Signed

Extending program for drug screening of applicants for TANF, the official text

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WEST VIRGINIA LEGISLATURE

         2026 REGULAR SESSION

                   ENROLLED

            Committee Substitute
                         for

           House Bill 5582

      BY DELEGATES CHIARELLI, BURKHAMMER, FOGGIN, AND
                                   HECKERT

         [Passed March 14, 2026; in effect 90 days from
                        passage (June 12, 2026)]
    Enr CS for HB 5582

1 AN ACT to amend and reenact §9-3-6 of the Code of West Virginia, 1931, as amended, relating

2   to drug screening of applicants for cash assistance; clarifying definition of drug test;

3   removing drug screening program expiration date; and clarifying timeline for reporting.

    Be it enacted by the Legislature of West Virginia:

    ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE.

    §9-3-6. Program for drug screening of applicants for cash assistance.

1   (a) As used in this section:

2   (1) "Applicant" means a person who is applying for benefits from the Temporary

3 Assistance for Needy Families Program.

4   (2) "Board of Review" means the board established in §9-2-6(13) of this code.

5   (3) "Caseworker" means a person employed by the department with responsibility for

6 making a reasonable suspicion determination during the application process for Temporary

7 Assistance for Needy Families Program.

8   (4) "Child Protective Services" means the agency within the department responsible for

9 investigating reports of child abuse and neglect as required in §49-2-802 of this code.

10  (5) "Department" means the Department of Human Services.

11  (6) "Drug screen" or "drug screening" means any analysis regarding substance abuse

12 conducted by the Department of Human Services on applicants for assistance from the

13 Temporary Assistance for Needy Families Program.

14  (7) "Drug test" or "drug testing" means a drug test which tests urine or an oral fluid rinse

15 test for amphetamines (amphetamine and methamphetamine) cocaine, marijuana, opiates

16 (codeine and morphine), phencyclidine, barbiturates, benzodiazepines, methadone,

17 propoxyphene, and expanded opiates (oxycodone, hydromorphone, hydrocodone,

18 oxymorphone).

19  (8) "Secretary" means the secretary of the department or his or her designee.

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20  (9) "Temporary Assistance for Needy Families Program" means assistance provided

21 through ongoing cash benefits pursuant to 42 U. S. C. § 601 et seq. operated in West Virginia as

22 the West Virginia Works Program pursuant to §9-9-1 et seq. of this code.

23  (b) Subject to federal approval, the secretary shall implement and administer a program

24 to drug screen any adult applying for assistance from the Temporary Assistance for Needy

25 Families Program.

26  (c) Reasonable suspicion exists if:

27  (1) A case worker determines, based upon the result of the drug screen, that the applicant

28 demonstrates qualities indicative of substance abuse based upon the indicators of the drug

29 screen; or

30  (2) An applicant has been convicted of a drug-related offense within the three years

31 immediately prior to an application for Temporary Assistance for Needy Families Program and

32 whose conviction becomes known as a result of a drug screen as set forth in this section.

33  (d) Presentation of a valid prescription for a detected substance that is prescribed by a

34 health care provider authorized to prescribe a controlled substance is an absolute defense for

35 failure of any drug test administered under the provisions of this section.

36  (e) Upon a determination by the case worker of reasonable suspicion as set forth in this

37 section an applicant shall be required to complete a drug test. The cost of administering the drug

38 test and initial substance abuse testing program is the responsibility of the Department of Human

39 Services. Any applicant whose drug test results are positive may request that the drug test

40 specimen be sent to an alternative drug-testing facility for additional drug testing. Any applicant

41 who requests an additional drug test at an alternative drug-testing facility shall be required to pay

42 the cost of the alternative drug test.

43  (f) Any applicant who has a positive drug test shall complete a substance abuse treatment

44 and counseling program and a job skills program approved by the secretary. An applicant may

45 continue to receive benefits from the Temporary Assistance for Needy Families Program while

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46 participating in the substance abuse treatment and counseling program or job skills program.

47 Upon completion of both a substance abuse treatment and counseling program and a job skills

48 program, the applicant is subject to periodic drug screening and testing as determined by the

49 secretary in rule. Subject to applicable federal laws, any applicant for Temporary Assistance for

50 Needy Families Program who fails to complete, or refuses to participate in, the substance abuse

51 treatment and counseling program or job skills program as required under this subsection is

52 ineligible to receive Temporary Assistance for Needy Families benefits until he or she is

53 successfully enrolled in substance abuse treatment and counseling and job skills programs. Upon

54 a second positive drug test, an applicant shall be ordered to complete a second substance abuse

55 treatment and counseling program and job skills program. He or she shall be suspended from the

56 Temporary Assistance for Needy Families Program for a period of 12 months, or until he or she

57 completes both a substance abuse treatment and counseling program and a job skills program.

58 Upon a third positive drug test an applicant shall be permanently terminated from the Temporary

59 Assistance for Needy Families Program subject to applicable federal law.

60  (g) Any applicant who refuses a drug screen or a drug test is ineligible for assistance.

61  (h) The secretary shall order an investigation and home visit from Child Protective

62 Services on any applicant whose benefits are suspended and who has not designated a protective

63 payee or whose benefits are terminated due to failure to pass a drug test. This investigation and

64 home visit may include a face-to-face interview with the child, if appropriate; the development of

65 a protection plan; and, if necessary for the health and well-being of the child, may also involve

66 law enforcement. This investigation and home visit shall be followed by a report detailing

67 recommended action which Child Protective Services shall undertake. Child Protective Services

68 is responsible for providing, directing, or coordinating the appropriate and timely delivery of

69 services to any child who is the subject of any investigation and home visit conducted pursuant

70 to this section. In cases where Child Protective Services determines that the best interests of the

71 child require court action, it shall initiate the appropriate legal proceeding.

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72  (i) Any other adult members of a household that includes a person declared ineligible for

73 the Temporary Assistance for Needy Families Program pursuant to this section shall, if otherwise

74 eligible, continue to receive Temporary Assistance for Needy Families benefits.

75  (j)(1) No dependent child’s eligibility for benefits under the Temporary Assistance for

76 Needy Families Program may be affected by a parent’s failure to pass a drug test.

77  (2) If pursuant to this section a parent is deemed ineligible for the Temporary Assistance

78 for Needy Families Program, the dependent child's eligibility is not affected and an appropriate

79 protective payee shall be designated to receive benefits on behalf of the child.

80  (3) The parent may choose to designate another person as a protective payee to receive

81 benefits for the minor child. The designated person shall be an immediate family member, or if an

82 immediate family member is not available or declines the option, another person may be

83 designated.

84  (4) The secretary shall screen and approve the designated person.

85  (k)(1) An applicant who is determined by the secretary to be ineligible to receive benefits

86 pursuant to subsection (f) of this section due to a failure to participate in a substance abuse

87 treatment and counseling program or a job skills program who can later document successful

88 completion of a drug treatment program approved by the secretary may reapply for benefits six

89 months after the completion of the substance abuse treatment and counseling program or job

90 skills program. An applicant who has met the requirements of this subdivision and reapplies is

91 also required to submit to a drug test and is subject to the provisions of subsection (f) of this

92 section.

93  (2) An applicant may reapply only once pursuant to the exceptions contained in this

94 subsection.

95  (3) The cost of any drug screen or test and drug treatment provided under this subsection

96 is the responsibility of the individual being screened and receiving treatment.

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97   (l) An applicant who is denied assistance under this section may request a review of the

98 denial by the Board of Review. The results of a drug screen or test are admissible without further

99 authentication or qualification in the review of denial by the Board of Review and in any appeal.

100 The Board of Review shall provide a fair, impartial, and expeditious grievance and appeal process

101 to applicants who have been denied Temporary Assistance for Needy Families benefits pursuant

102 to the provisions of this section. The Board of Review shall make findings regarding the denial of

103 benefits and issue a decision which either verifies the denial or reverses the decision to deny

104 benefits. Any applicant adversely affected or aggrieved by a final decision or order of the Board

105 of Review may seek judicial review of that decision.

106  (m) The secretary shall ensure the confidentiality of all drug screen and drug test results

107 administered as part of this program. Drug screen and test results shall be used only for the

108 purpose of determining eligibility for the Temporary Assistance for Needy Families Program. At

109 no time may drug screen or test results be released to any public or private person or entity or

110 any law-enforcement agency, except as otherwise authorized by this section.

111  (n) The secretary shall promulgate emergency rules pursuant to the provisions of §29A-

112 3-1 et seq. of this code to prescribe the design, operation, and standards for the implementation

113 of this section.

114  (o) A person who intentionally misrepresents any material fact in an application filed under

115 the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be

116 punished by a fine of not less than $100 nor more than $1,000 or by confinement in jail not to

117 exceed six months, or by both fine and confinement.

118  (p) The secretary shall report annually to the Joint Committee on Government and Finance

119 on the status of the federal approval and program described in this section. The report shall

120 include, but is not limited to:

121  (1) The total number of applicants who were deemed ineligible to receive benefits under

122 the program due to a positive drug test for controlled substances;

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123  (2) The number of applicants for whom there was a reasonable suspicion due to a

124 conviction of a drug-related offense within the five years prior to an application for assistance;

125  (3) The number of those applicants that receive benefits after successful completion of a

126 drug treatment program as specified in this section; and

127  (4) The total cost to operate the program.

128  (q) Should federal approval not be given for any portion of the program as set forth in this

129 section, the secretary shall implement the program to meet the federal objections and continue to

130 operate a program consistent with the purposes of this section.

131  (r) For the purposes of the program contained in this section, pursuant to the authority and

132 option granted by 21 U. S. C. § 862a(d)(1)(A) to the states, West Virginia exempts all persons

133 domiciled within the state from the application of 21 U. S. C. § 862a(a).

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                   The Clerk of the House of Delegates and the Clerk of the Senate hereby

         certify that the foregoing bill is correctly enrolled.
         ...............................................................

              Clerk of the House of Delegates
                           ...............................................................
                                        Clerk of the Senate

         Originated in the House of Delegates.
         In effect 90 days from passage.

                                       ...............................................................
                                          Speaker of the House of Delegates
                                                           ...............................................................
                                                                     President of the Senate
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

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