Bill Summary for H 392 (2013-2014)

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Summary date: 

Jul 10 2013

Bill Information:

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.

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Bill summary

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.