Bill Text: MI SB0904 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Human services; services or financial assistance; suspicion-based drug testing for public assistance recipients; require. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding sec. 10d.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-08-15 - Referred To Committee Of The Whole With Substitute S-5 [SB0904 Detail]

Download: Michigan-2011-SB0904-Introduced.html

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SENATE BILL No. 904

 

 

January 24, 2012, Introduced by Senator HUNE and referred to the Committee on Families, Seniors and Human Services.

 

 

 

     A bill to amend 1939 PA 280, entitled

 

"The social welfare act,"

 

(MCL 400.1 to 400.119b) by adding section 10d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 10d. (1) The department shall require an applicant for or

 

a recipient of public assistance to submit to substance abuse

 

testing if the caseworker has a reasonable suspicion regarding

 

substance abuse relating to that applicant or recipient.

 

     (2) If the applicant or recipient tests negative for substance

 

abuse and meets all other conditions of eligibility for public

 

assistance, he or she may receive public assistance.

 

     (3) If the applicant or recipient tests positive for substance

 

abuse, the applicant or recipient is ineligible to receive public

 

assistance as follows:

 

     (a) If the applicant or recipient can document that he or she

 

is participating in or has completed treatment, he or she is

 

ineligible for public assistance, but may reapply after 180 days.

 

The applicant or recipient must test negative for substance abuse

 

in order to receive public assistance.

 

     (b) If the applicant or recipient cannot document that he or

 

she is participating in or has completed treatment, he or she is

 

ineligible for public assistance, but may reapply after 365 days.

 

The applicant or recipient must test negative for substance abuse

 

in order to receive public assistance.

 

     (4) The department shall administer suspicion-based substance

 

abuse testing required under this section as follows:

 

     (a) The department shall develop and administer a substance

 

abuse survey that shall be used upon initial application for

 

applicants and at annual redetermination for recipients.

 

     (b) The department shall screen an applicant or recipient for

 

suspicion of substance abuse using an empirically validated

 

substance abuse screening tool in a 1-on-1 contact.

 

     (c) The department shall gather additional information about

 

the applicant or recipient, including requiring a substance abuse

 

test.

 

     (d) The department shall determine the level of substance

 

abuse treatment services needed for the applicant or recipient and

 

shall make the appropriate referral for treatment.

 

     (5) As used in this section:

 

     (a) "Public assistance" means the family independence program,

 

state family assistance, state disability assistance, food

 

assistance program, or child development and care program provided

 

under this act.

 

     (b) "Treatment" means referral to substance abuse treatment

 

services described in subsection (4)(d).