WARRANT STATUS/DRUG SCREEN PUBLIC ASSIST (NEW).

View NCGA Bill Details2013-2014 Session
House Bill 392 (Public) Filed Wednesday, March 20, 2013
A BILL TO BE ENTITLED AN ACT REQUIRING A COUNTY DEPARTMENT OF SOCIAL SERVICES (DSS) TO VERIFY WHETHER AN APPLICANT FOR OR RECIPIENT OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) BENEFITS OR FOOD AND NUTRITION SERVICES (FNS) BENEFITS IS A FLEEING FELON OR A PROBATION OR PAROLE VIOLATOR, TO DIRECT INTERAGENCY COOPERATION AND INFORMATION SHARING IN ORDER TO VERIFY THE ELIGIBILITY STATUS OF AN APPLICANT OR RECIPIENT, TO DENY TANF OR FNS BENEFITS TO AN APPLICANT OR RECIPIENT WHO IS A FLEEING FELON OR A PROBATION OR PAROLE VIOLATOR, AND TO REQUIRE DRUG SCREENING AND TESTING FOR CERTAIN APPLICANTS AND RECIPIENTS OF WORK FIRST PROGRAM ASSISTANCE.
Intro. by Arp.

Status: Ch. SL 2013-417 (House Action) (Sep 4 2013)

SOG comments (3):

Identical bill

 Identical to S 401, filed 3/25/13.

 

Long title change.

House amendment changed the long title.  Original long title was:

A BILL TO BE ENTITLED AN ACT REQUIRING A COUNTY DEPARTMENT OF SOCIAL SERVICES (DSS) TO CONDUCT A CRIMINAL CHECK ON APPLICANTS FOR OR RECIPIENTS OF TEMPORARY ASSISTANCE TO NEEDY FAMILY (TANF) BENEFITS OR FOOD AND NUTRITION SERVICES (FNS) BENEFITS, TO REQUIRE DSS TO SHARE INFORMATION WITH A LOCAL LAW ENFORCEMENT AGENCY REGARDING AN APPLICANT FOR OR RECIPIENT OF TANF OR FNS BENEFITS WHO HAS AN OUTSTANDING ARREST WARRANT, AND TO DENY TANF OR FNS BENEFITS TO AN APPLICANT OR RECIPIENT SUBJECT TO AN OUTSTANDING WARRANT FOR A FELONY OR FOR A PROBATION OR PAROLE VIOLATION.

Short and Long Title

Senate committee substitute to the 3rd edition changes the short and long titles. The original titles are as follows:

SHARE ARREST WARRANT STATUS/PUB. ASSISTANCE.

AN ACT REQUIRING A COUNTY DEPARTMENT OF SOCIAL SERVICES (DSS) TO VERIFY WHETHER AN APPLICANT FOR OR RECIPIENT OF TEMPORARY;ASSISTANCE TO NEEDY FAMILY (TANF) BENEFITS OR FOOD AND NUTRITION;SERVICES (FNS) BENEFITS IS A FLEEING FELON OR A PROBATION OR PAROLE;VIOLATOR, TO DIRECT INTERAGENCY COOPERATION AND INFORMATION SHARING IN ORDER TO VERIFY THE ELIGIBILITY STATUS OF AN APPLICANT;OR RECIPIENT, AND TO DENY TANF OR FNS BENEFITS TO AN APPLICANT OR;RECIPIENT WHO IS A FLEEING FELON OR A PROBATION OR PAROLE; VIOLATOR.

Bill History:

H 392/S.L. 2013-417

Bill Summaries:

  • Summary date: Sep 4 2013 - More information

    AN ACT REQUIRING A COUNTY DEPARTMENT OF SOCIAL SERVICES (DSS) TO VERIFY WHETHER AN APPLICANT FOR OR RECIPIENT OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) BENEFITS OR FOOD AND NUTRITION SERVICES (FNS) BENEFITS IS A FLEEING FELON OR A PROBATION OR PAROLE VIOLATOR, TO DIRECT INTERAGENCY COOPERATION AND INFORMATION SHARING IN ORDER TO VERIFY THE ELIGIBILITY STATUS OF AN APPLICANT OR RECIPIENT, TO DENY TANF OR FNS BENEFITS TO AN APPLICANT OR RECIPIENT WHO IS A FLEEING FELON OR A PROBATION OR PAROLE VIOLATOR, AND TO REQUIRE DRUG SCREENING AND TESTING FOR CERTAIN APPLICANTS AND RECIPIENTS OF WORK FIRST PROGRAM ASSISTANCE. Enacted September 4, 2013. Section 4 is effective August 1, 2014. The remainder is effective October 1, 2013.


  • Summary date: Jul 24 2013 - More information

    Conference report makes the following changes to the 5th edition.

    Amends the proposed language of GS 108A-26.1(a), clarifying that the release of confidential information from the applicant's records may not be protected if there is an outstanding arrest warrant against the applicant for program/public assistance (previously, if a warrant for arrest was issued). Makes organizational changes to GS 108A-26.1(b). Provides additional guidelines for the criminal history check, establishing that criminal history checks using accessible databases must be conducted by the county department of social services, subject to GS 114-19.34, and to the extent permitted by allocated county and state resources. Further provides that nothing in GS 108A-26.1 requires fingerprints to be taken of every applicant for or recipient of a program of public assistance. Deletes language which stated that the Secretary of DHHS must oversee the implementation of the rules the Social Services Commission must adopt regarding the sharing of information between county departments of social services and local law enforcement agencies. Also deletes language requiring rules for the accuracy of information shared.

    Makes several changes to proposed GS 114-19.34, concerning criminal record checks of applicants for public assistance, providing that the NC Department of Justice (DOJ) will provide to county departments of social services the criminal history from the State or National Repositories of Criminal Histories. Deletes the requirement for social services to submit fingerprints to the NC DOJ. Requires the consent form for background checks to also provide consent to the use of any necessary identifying information required by the State or National Repositories. Makes organizational changes.

    Amends proposed GS 108A-29.1, concerning drug screening and testing for Work First Program applicants and recipients, deleting language that made the cost of the drug testing the responsibility of the individual tested. Adds language that states that an applicant or recipient that fails a drug test can take one or more additional tests at his or her own expense (previously, did not state that the costs of the additional tests were to be borne by the applicant/recipient). Deletes language that stated that those that pass drug tests will have the amount paid by the applicant/recipient added into the initial assistance amount.  Provides than an applicant/recipient that is deemed ineligible can reapply for program assistance after the expiration of 30 days from the date of the positive drug test if the individual can document either the successful completion of or the current satisfactory participation in a substance abuse treatment program offered by approved providers (previously, did not provide a 30-day wait period and did not allow current participation in a treatment program to serve as approval to reapply). Adds new GS 108A-29.1(b2), providing that applicants/recipients that are deemed ineligible for the Work First Program assistance can reapply after 30 days from the date of the positive drug test if a qualified professional in substance abuse or a physician certified by the American Society of Addiction Medicine determines a substance abuse program is not appropriate for the individual and that individual has passed a subsequent drug test. Subsequent tests are at the cost of the individual being tested and applicants/recipients that reapply for Work First pursuant to this subsection can only do so once. Directs the Social Services Commission to adopt rules pertaining to the successful completion of, or the satisfactory participation in, approved treatment programs, including rules regarding the timely reporting of program completion. Provides that child-only cases are exempt from the requirements of GS 108A-29.1. Makes conforming and clarifying changes.

    Directs the Social Services Commission to adopt rules implementing the act, allowing the issuing of temporary rules, in addition to its permanent rule-making authority in order to enforce this act. Requires the rules for the implementation of GS 108A-29.1 to be adopted no later than February 1, 2014.

    Requires that DHHS report to the General Assembly by April 1, 2014 (was, July 1, 2014) on the implementation of GS 108A-29.1.

    Provides that proposed GS 108A-29.1 will become effective August 1, 2014.

     


  • Summary date: Jul 10 2013 - More information

    Senate amendment makes the following change to the 4th edition.

    Amends GS 108A-26.1 to include the Department of Justice (DOJ) and the State Bureau of Investigation among those entities with whom there is to be information sharing with the Department of Health and Human Services (DHHS) regarding the arrest warrant status of persons seeking public assistance.

    Makes a technical change, recodifying new section GS 114-19.33 as GS 114-19.34.  Amends GS 114-19.34 to clarify that the DOJ is to provide a county department of social services with the criminal history of any applicant or recipient of program assistance under Part 2 or Part 5 of Article 2 of GS Chapter 108A upon request from the county department of social services (county DSS). Requires the county DSS to also provide the DOJ with the applicant or recipient's fingerprints, any additional information that the DOJ requires, and a form signed by the individual to be checked consenting to the check of the criminal record and to the use of fingerprints and other identifying information. Specifies that the fingerprints are to be forwarded to the State Bureau of Investigation (SBI) to be checked against the state's criminal history record file, and directs the SBI to forward the fingerprints to the FBI for a national criminal history check. Authorizes the DOJ to charge a reasonable fee for conducting the criminal history checks authorized by this section.

    Deletes provision that required advising the applicant that the drug screening and testing could be avoided if the applicant or recipient did not apply for Work First Program assistance.

    Requires that an applicant or recipient who fails a drug test be provided with information on substance abuse, substance abuse counseling, and substance abuse treatment options including a list of options that may be available to that individual.

    In addition to a criminal record check, provides that the following also constitute reasonable suspicion of substance abuse and may be a basis for requiring an applicant or recipient to undergo drug testing as a condition of receiving Work First Program assistance benefits: (1) a determination by a Qualified Professional in Substance Abuse or a doctor certified by the American Society of Addiction Medicine that an individual is addicted to illegal controlled substances, (2) a screening tool relating to substance abuse that yields a result indicating that the applicant or recipient may be engaged in the use of illegal controlled substances, or (3) other screening methods as determined by the Social Services Commission.


  • Summary date: Jun 26 2013 - More information

    Senate committee substitute to the 3rd edition makes the following changes.

    Amends GS 108A-29.1 to delete the current requirements for identification and treatment and to instead require drug screening for each applicant or recipient of Work First Program (WFP) assistance when the Department of Health and Human Services (DHHS) reasonably suspects the person is engaged in the illegal use of controlled substances. Makes the person who is tested responsible for the cost of the drug screening. Directs DHHS to provide notice of drug screening to each applicant or recipient. Also specifies that the applicant or recipient be advised that the drug screening may be avoided if the applicant or recipient does not apply for WFP assistance. Provides that dependent children under the age of 18 are exempt from the requirements of this section. Lists additional requirements which DHHS is to enforce under this section.

    Provides that if an individual tests negative for controlled substances, DHHS is to increase the amount of the initial WFP assistance in an amount equal to the cost the applicant or recipient paid for the drug testing. Designates a person who tested positive for controlled substances as ineligible for WFP assistance for one year from the date of the positive drug test, except permits the ineligible person to reapply for WFP if the person can document the successful completion of a substance abuse treatment program offered by area mental health authorities and licensed by DHHS. Requires that the person reapplying pass a drug test. Provides that the cost of any drug testing and substance abuse program is the responsibility of the person being tested or receiving treatment. Provides additional guidelines regarding ineligibility for persons who test positive for controlled substances more than once.

    Directs the Social Services Commission to adopt rules for the testing of applicants and recipients under this section.

    Deletes provision that permitted the requirements of this section under current law to the waived or modified as necessary in the case of individual applicants or recipients to the degree necessary to comply with Medicaid eligibility provisions.

    Provides that a criminal record check of a WFP applicant or recipient that shows a conviction, arrest, or outstanding warrant within three years before the date the check is conducted relating to illegal controlled substances constitutes reasonable suspicion that requires drug testing.

    Requires that DHHS report to the General Assembly by July 1, 2014, on the implementation of the act.

    Adds a severability clause to the act.

    Changes the effective date of the act from July 1, 2013, to October 1, 2013.

    Amends the act's short and long titles.


  • Summary date: Apr 9 2013 - More information

    House amendment makes the following changes to the 2nd edition.

    Changes the long title.

    Enacts GS 108A-26.1(b), providing that a county department of social services will verify whether an applicant for public assistance is (1) fleeing to avoid prosecution, confinement, or conviction, etc., or (2) is violating a condition of probation or parole by ensuring the criminal history of the applicant is checked at time of renewal. County social services will conduct the check to the extent permitted by allocated county and state resources. Counties are not required to allocate funds for this program, but can do so on a voluntary basis.

    Enacts GS 108A-26.1(f),(g), and (h) providing that the Secretary of the Department of Health and Human Services (Department) will promote cooperation between the State and local agencies to perform the functions of this section. The Department must also cooperate and collaborate with other specified State agencies to develop protocols that ensure the implementation of this section.  Requires each county department of social services to report to the Department annually, on April 1, the number of individuals denied for benefits under this section for the preceding year. Requires the Department to report annually, on May 1, to the Joint Legislative Oversight Committee on Health and Human Services on the number of individuals denied assistance, by breakdown of each county.

    Amends GS 108A-26.2, changing the title to "Fleeing felon, or parole or probation violator; eligibility for program assistance; federal approval; review by department".

    Amends GS 108A-26.2(b), replacing a reference to the "department of social services" with the Department of Health and Human Services.

    Changes the effective date to July 1, 2013, (was, effective when it became law).

     

     

     


  • Summary date: Apr 3 2013 - More information

    Amends new GS 108A-26.1 to provide that the arrest warrant that triggers the duty of the county department of social services to notify local law enforcement of the existence of an arrest warrant for an applicant or recipientfor Temporary Assistance to Needy Families or Food and Nutrition Services benefits may be for a probation or parole violation as well as for the commission of a felony or misdemeanor. Requires the county department of social services to notify law enforcement of the existence of the arrest warrant within 72 hours after receiving the information regarding the arrest warrant (was, within 24 hours or by the end of the next business day after receiving information as to the existence of the arrest warrant).

    Directs each county department of social services to report annually on April 1to the Department of Health and Human Services (DHHS) on the number of individuals denied benefits under this section and the number of referrals made to law enforcement agencies under this section during the preceding calendar year.

    Directs DHHS to report, annually on May 1, to the Joint Legislative Oversight Committee on Health and Human Services of the General Assembly on the number of individuals denied assistance under this section and the number of referrals made by county departments of social services to law enforcement agencies in this section. Requires that the report include data divided by county.

    Makes clarifying changes.


  • Summary date: Mar 21 2013 - More information

    Amends GS Chapter 108A, creating a new section, GS 108A-26.1 (Information sharing of outstanding arrest warrant of applicant for or recipient of program assistance), providing that a county department of social services will notify applicants for program assistance, under Part 2 or Part 5 of this Article, that confidential information from the applicant's record may be released if a felony or misdemeanor arrest warrant is issued against the applicant. County departments of social services will notify all recipients under programs of assistance at the time of renewal that the applicant's confidential information may not be protected in the instances described above.

    As far as allowed by law, a county department of social services will conduct a criminal history check of an applicant or recipient of program assistance under Part 2 or Part 5 of this Article.  If the record check reveals that a warrant has been issued for the commission of a felony or a misdemeanor, the department of social services must, within 24 hours or by the end of the next business day, notify local law enforcement. The information that can be released is limited to name, address, telephone number, Social Security number, birth date, and physical description; all other information will be kept confidential.

    The Social Services Commission (Commission) will adopt rules regarding the sharing of information between county departments of social services and local law enforcement agencies, the accuracy of information shared, and other rules the Commission deems necessary.

    Each county's department of social services is authorized to enter into a memorandum of agreement with the head of any law enforcement agency as defined in GS 90-95.2, in order to perform the functions described in this section.

    Amends GS Chapter 108A by creating a new section, GS 108A-26.2 (Individual subject to felony charge; eligibility for program assistance; federal approval; review by department), providing that departments of social services will not grant public assistance under Part 2 or 5 of Article 2 of GS 108A if they receive information that the applicant or recipient is subject to arrest on an outstanding warrant arising from violating parole or probation or from a felony charge. However, this does not affect the eligibility for assistance of other members of the applicant or recipient's household. An applicant or recipient will be eligible to receive program assistance if all other criteria of the law are met when he or she is no longer subject to arrest under an outstanding warrant.

    Amends GS Chapter 114 by creating a new section, GS 114-19.33 (Criminal record checks of applicants for or recipients of program assistance), providing that the Department of Justice can provide to a county department of social services, from the State and National Repositories of Criminal Histories, the criminal history of any person who applies for program assistance under Part 2 or 5 of Article 2 of GS Chapter 108A. The county department will provide to the Department of Justice, along with a request, a form signed by the applicant or recipient acknowledging receipt of notification required by GS 108Aa-26.1(a), any identifying information required by the State and National Repositories, and any other information needed by the Department of Justice. Except as provided by GS 108A-26.1, the department of social services will keep all information obtained pursuant to this section confidential.


  • Summary date: Mar 20 2013 - More information

    To be summarized 3/21/13.


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