West VirginiaWest Virginia screens adult cash assistance applicants for drugs
West Virginia's cash assistance program screens adult applicants and requires testing when a caseworker finds reasonable suspicion, if the federal government approves the program.
What it does
The state screens adult cash assistance applicants and requires a drug test when a caseworker finds reasonable suspicion. The program depends on federal approval, and a valid prescription is a defense to failing a test.
Applicants who test positive must complete approved treatment and job skills programs. They may keep benefits while taking part, but repeat positive tests can lead to suspension or termination.
When benefits are suspended without a protective payee, or ended for failing a drug test, the secretary must order a child welfare investigation and home visit. The child's eligibility remains intact, with benefits paid to an approved protective payee.
Argument forApplicants who test positive may keep benefits while taking approved treatment and job skills programs, which could help them address substance use and build work skills.
Argument againstApplicants who dispute a positive test may have to pay for an additional test, and those who refuse testing or required programs could lose assistance.
More detail
The Department of Human Services screens adult applicants for cash assistance and requires a drug test when a caseworker finds reasonable suspicion. This applies to adults applying for ongoing cash benefits through West Virginia Works, the state's TANF program. The program depends on federal approval. A valid prescription for a detected substance is a defense to failing a drug test. The law took effect 90 days after passage, on June 12, 2026.
Applicants with a positive drug test must complete approved substance abuse treatment and job skills programs. These rules apply to applicants who test positive for drugs. Applicants may keep receiving benefits while taking part in the programs. Those who fail or refuse to take part are ineligible until successfully enrolled, subject to federal law. A second positive test brings a 12-month suspension or a suspension until both programs are completed. A third positive test brings permanent termination, subject to federal law. After completing both programs, applicants are subject to periodic screening and testing as set by the secretary's rules.
The secretary must order a Child Protective Services investigation and home visit in certain cases when a parent loses benefits after a drug test. This applies when benefits are suspended and no protective payee has been named, or when benefits are terminated for failing a drug test. The investigation and visit may include a child interview when appropriate, a protection plan, and law enforcement involvement if needed for the child's health and well-being. A dependent child's eligibility remains intact when a parent is ineligible; a screened and approved protective payee receives the child's benefits.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 29Chapter 190, Acts, Regular Session, 2026Latest
- Apr 1Approved by Governor Patrick Morrisey 4/1/2026Major
- Mar 25To Governor 3/25/26To Governor
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - House JournalMajor
- Vote recorded PASSAGE-SENATE AMENDED HB. Result: pass.Lower
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - Senate JournalBecame Law
- Mar 14To Governor 3/25/2026 - Senate JournalMinor
- Mar 14House Message received
- Mar 14Completed legislative action
- Mar 14Communicated to Senate
- Mar 14House concurred in Senate amendment and passed bill (Roll No. 666)
- Mar 14House received Senate message
- Mar 13Senate requests House to concur
- Vote recorded Passage. Result: pass.Upper
- Mar 13Passed Senate with amended title (Roll No. 577)Passed Senate
- Mar 13Committee amendment adopted (Voice vote)
- Mar 13Read 3rd timeMinor
- Mar 12Laid over on 3rd reading 3/12/2026 with right to amend
- Mar 12Read 3rd timeMinor
- Mar 12On 3rd reading with right to amend
- Mar 11Read 2nd timeMinor
- Mar 11On 2nd reading
- Mar 10Read 1st timeMinor
- Mar 10Immediate consideration
- Mar 10Reported do passMinor
- Mar 5To Health and Human ResourcesMinor
- Mar 5Reported do pass with amend and title amend but first to Health and Human ResourcesMinor
- Feb 26To Workforce
- Feb 26To Workforce then Health and Human Resources
- Feb 26Introduced in SenateMinor
- Feb 25Communicated to Senate
- Vote recorded PASSAGE. Result: pass.Lower
- Feb 25Passed House (Roll No. 191)Passed House
- Feb 25Read 3rd timeMinor
- Feb 25On 3rd reading, Special Calendar
- Feb 24Read 2nd timeMinor
- Feb 24On 2nd reading, Special Calendar
- Feb 23Read 1st timeMinor
- Feb 23On 1st reading, Special Calendar
- Feb 20By substitute, do pass
- Feb 18Markup Discussion
- Feb 16To House Health and Human ResourcesMinor
- Feb 16Introduced in HouseMinor
- Feb 16To Health and Human ResourcesMinor
- Feb 16Filed for introductionIntroduced
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