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| To require the Director of Job and Family Services to | 1 |
| operate an Ohio Works First drug testing pilot | 2 |
| program and to make an appropriation. | 3 |
| Section 1. (A) As used in this section: | 4 |
| (1) "Adult," "assistance group," and "Ohio Works First" have | 5 |
| the same meanings as in section 5107.02 of the Revised Code. | 6 |
| (2) "Chemical dependency" means the use of a drug of abuse to | 7 |
| the extent that the user becomes physically or psychologically | 8 |
| dependent on the drug or endangers the user's health, safety, or | 9 |
| welfare or that of others. | 10 |
| (3) "Drug of abuse" means any controlled substance as defined | 11 |
| in section 3719.01 of the Revised Code, any harmful intoxicant as | 12 |
| defined in section 2925.01 of the Revised Code, and any dangerous | 13 |
| drug as defined in section 4729.01 of the Revised Code. | 14 |
| (4) "Drug test" means either of the following that is | 15 |
| conducted to determine whether a drug of abuse is present in a | 16 |
| biological specimen taken from an individual's body: | 17 |
| (a) A chemical test of an individual's urine; | 18 |
| (b) An oral fluid test that uses a swab. | 19 |
| (5)(a) Except as provided in division (A)(5)(b) of this | 20 |
| section, "fail a drug test" means that a drug test reveals the | 21 |
| presence of a drug of abuse in a biological specimen taken from an | 22 |
| individual's body. | 23 |
| (b) An individual shall not be determined to have failed a | 24 |
| drug test if the individual obtained the drug of abuse pursuant to | 25 |
| a prescription issued by a licensed health professional authorized | 26 |
| to prescribe drugs and the individual injected, ingested, or | 27 |
| inhaled the drug of abuse in accordance with the licensed health | 28 |
| professional's directions. | 29 |
| (6) "Licensed health professional authorized to prescribe | 30 |
| drugs" and "prescription" have the same meanings as in section | 31 |
| 4729.01 of the Revised Code. | 32 |
| (7) "Pass a drug test" means that a drug test does not reveal | 33 |
| the presence of a drug of abuse in a biological specimen taken | 34 |
| from an individual's body. | 35 |
| (8) "Work-eligible individual" has the same meaning as in 45 | 36 |
| C.F.R. 261.2(n). | 37 |
| (B) Not later than ninety days after the effective date of | 38 |
| this section, the Director of Job and Family Services shall | 39 |
| establish an Ohio Works First drug testing pilot program. The | 40 |
| pilot program shall be operated for two years in three counties | 41 |
| the Director selects, except that the Director may select a county | 42 |
| only if the county's board of county commissioners volunteers to | 43 |
| have the county included in the program. In selecting counties, | 44 |
| the Director shall strive to have one rural, one suburban, and one | 45 |
| urban county included in the program. | 46 |
| The county department of job and family services of each | 47 |
| county included in the program shall conduct an assessment of each | 48 |
| adult member of an assistance group that applies to participate in | 49 |
| Ohio Works First to determine whether there is reasonable cause to | 50 |
| suspect that any of the adults have a chemical dependency. The | 51 |
| assessment shall be conducted in accordance with rules adopted | 52 |
| under this section and as part of the process of determining under | 53 |
| section 5107.12 of the Revised Code whether the assistance group | 54 |
| is initially eligible to participate in Ohio Works First. The | 55 |
| assessment shall not be conducted as part of an eligibility | 56 |
| redetermination. If pursuant to an assessment conducted under the | 57 |
| pilot program there is reasonable cause to suspect that an adult | 58 |
| has a chemical dependency, the county department shall require the | 59 |
| adult to undergo a drug test. | 60 |
| (C) The cash assistance that an assistance group receives | 61 |
| under Ohio Works First shall be provided to a protective payee | 62 |
| approved by the county department of job and family services if an | 63 |
| adult member of the assistance group refuses to cooperate with an | 64 |
| assessment conducted under the pilot program, refuses to undergo a | 65 |
| drug test when required to do so under the pilot program, or fails | 66 |
| a drug test conducted under the pilot program. The protective | 67 |
| payee may not be a member of the assistance group. The protective | 68 |
| payee shall act as a representative of the assistance group and | 69 |
| manage the assistance group's cash assistance on behalf of the | 70 |
| assistance group. Except as provided in division (D) of this | 71 |
| section, the assistance group's cash assistance shall be provided | 72 |
| to the protective payee for one year. After the one-year period, | 73 |
| the cash assistance shall be provided to the assistance group | 74 |
| unless rules adopted under section 5107.05 of the Revised Code | 75 |
| provide for the cash assistance to be provided to a protective | 76 |
| payee due to another circumstance. | 77 |
| (D) The county department of job and family services of each | 78 |
| county included in the pilot program shall refer an adult who | 79 |
| fails a drug test conducted pursuant to division (B) of this | 80 |
| section to the board of alcohol, drug addiction, and mental health | 81 |
| services that serves the same county as the county department. If | 82 |
| the adult, acting on the referral, requests services from the | 83 |
| board to which the adult is referred, the board shall refer the | 84 |
| adult to an alcohol and drug addiction program certified by the | 85 |
| Department of Alcohol and Drug Addiction Services under section | 86 |
| 3793.06 of the Revised Code. | 87 |
| Not sooner than six months after the date that the cash | 88 |
| assistance of the adult's assistance group begins to be provided | 89 |
| to a protective payee pursuant to division (C) of this section, | 90 |
| the adult may submit a request to the county department to have | 91 |
| the assistance group's cash assistance cease to be provided to the | 92 |
| protective payee and begin to be provided to the assistance group. | 93 |
| The adult shall include with the request documentation that is | 94 |
| acceptable to the county department and shows that the adult | 95 |
| successfully completed the treatment provided by the certified | 96 |
| alcohol and drug addiction program to which the adult was referred | 97 |
| under this division. The county department may approve the request | 98 |
| if the adult undergoes a drug test and passes the drug test. | 99 |
| However, the county department shall disapprove the request if | 100 |
| rules adopted under section 5107.05 of the Revised Code provide | 101 |
| for the cash assistance to be provided to a protective payee due | 102 |
| to another circumstance. If the adult fails to undergo a drug test | 103 |
| or fails the drug test, the cash assistance shall continue to be | 104 |
| provided to the protective payee for an additional year beginning | 105 |
| on the date that is twelve months after the date that the cash | 106 |
| assistance first began to be provided to the protective payee | 107 |
| under division (C) of this section. | 108 |
| (E) An assistance group's cash assistance shall be provided | 109 |
| to a protective payee for the period specified in division (C) or | 110 |
| (D) of this section, as applicable, regardless of whether that | 111 |
| period extends beyond the date the pilot program ends. | 112 |
| (F) The provision of an assistance group's cash assistance to | 113 |
| a protective payee as required by this section does not excuse the | 114 |
| members of the assistance group or any work-eligible individuals | 115 |
| from compliance with any of the Ohio Works First requirements | 116 |
| applicable to them. | 117 |
| (G) The county department of job and family services of each | 118 |
| county included in the pilot program shall determine which type of | 119 |
| drug test to use under the program. An adult undergoing the drug | 120 |
| test is responsible for the cost of the drug test. | 121 |
| (H) The Director of Job and Family Services shall adopt rules | 122 |
| as necessary to implement the pilot program, including rules | 123 |
| governing the assessments conducted under division (B) of this | 124 |
| section. The rules shall be adopted in accordance with Chapter | 125 |
| 119. of the Revised Code. | 126 |
| (I)(1) The Director of Job and Family Services shall prepare | 127 |
| a report regarding the pilot program. The report shall include all | 128 |
| of the following information: | 129 |
| (a) The number of adults for whom reasonable cause to suspect | 130 |
| they have a chemical dependency is found pursuant to assessments | 131 |
| conducted under division (B) of this section; | 132 |
| (b) The number of adults required to undergo drug tests; | 133 |
| (c) The number of adults who fail drug tests; | 134 |
| (d) The costs of the drug tests; | 135 |
| (e) The total amount of time that Ohio Works First cash | 136 |
| assistance is provided to protective payees under the pilot | 137 |
| program as of the date the report is prepared; | 138 |
| (f) Regarding the adults who are referred to certified | 139 |
| alcohol and drug addiction programs under division (D) of this | 140 |
| section, all of the following: | 141 |
| (i) The number of the adults who complete the treatment | 142 |
| provided by the programs; | 143 |
| (ii) The number of the adults who are employed as of the date | 144 |
| the report is prepared; | 145 |
| (iii) In the case of the adults who are not employed at the | 146 |
| time they complete the treatment but become employed by the date | 147 |
| the report is prepared, the average number of months it took the | 148 |
| adults after completing the treatment to become employed. | 149 |
| (2) The county department of job and family services of each | 150 |
| county included in the pilot program shall provide any information | 151 |
| the Director needs to prepare the report. | 152 |
| (3) Not later than ninety days after the conclusion of the | 153 |
| pilot program, the Director shall submit the report to the | 154 |
| Governor and, in accordance with section 101.68 of the Revised | 155 |
| Code, the General Assembly. | 156 |
| Section 2. All items in this section are hereby appropriated | 157 |
| as designated out of any moneys in the state treasury to the | 158 |
| credit of the General Revenue Fund. For all appropriations made in | 159 |
| this act, those in the first column are for fiscal year 2014 and | 160 |
| those in the second column are for fiscal year 2015. The | 161 |
| appropriations made in this act are in addition to any other | 162 |
| appropriations made for the FY 2014-2015 biennium. | 163 |
| Appropriations |
| 164 | |
| General Revenue Fund | 165 |
| GRF | 038401 | Treatment Services | $ | 100,000 | $ | 100,000 | 166 | ||||
| TOTAL GRF General Revenue Fund | $ | 100,000 | $ | 100,000 | 167 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 100,000 | $ | 100,000 | 168 | ||||||
| OHIO WORKS FIRST DRUG TESTING PILOT PROGRAM | 169 |
| Of the foregoing appropriation item 038401, Treatment | 170 |
| Services, up to $100,000 in each fiscal year shall be used to fund | 171 |
| drug treatment services provided to individuals seeking treatment | 172 |
| under the Ohio Works First Drug Testing Pilot Program. | 173 |
| Section 3. Within the limits set forth in this act, the | 174 |
| Director of Budget and Management shall establish accounts | 175 |
| indicating the source and amount of funds for each appropriation | 176 |
| made in this act, and shall determine the form and manner in which | 177 |
| appropriation accounts shall be maintained. Expenditures from | 178 |
| appropriations contained in this act shall be accounted for as | 179 |
| though made in the main operating appropriations act of the 130th | 180 |
| General Assembly. | 181 |
| The appropriations made in this act are subject to all | 182 |
| provisions of the main operating appropriations act of the 130th | 183 |
| General Assembly that are generally applicable to such | 184 |
| appropriations. | 185 |
| Section 4. Sections 2 and 3 of this act, and the items of | 186 |
| laws of which they are composed, are not subject to the referendum | 187 |
| because they are or relate to an appropriation for current | 188 |
| expenses within the meaning of Ohio Constitution, Article II, | 189 |
| Section 1d and section 1.471 of the Revised Code and, therefore, | 190 |
| go into immediate effect when this act becomes law. | 191 |