Stop the Drug Abuse Screening and Treatment Act
- by: Treat It To Defeat It (T2D)
- recipient: Residents of Washington, DC
The Drug Abuse Screening and Treatment Act of 2008, introduced by Councilman Marion Barry, would require drug testing as a condition to receive TANF (Temporary Assistance for Needy Families) benefits. If they refuse testing or test positive and then fail to go for substance abuse treatment or relapse, then the entire family risks losing their benefits.1
In the District, TANF provides cash assistance to low-income families with dependent children for a lifetime limit of five years.2 Most TANF participants are single-parent families, and women are the majority applicants.3,4 In DC, TANF recipients represent 3% (17,000 households) of the population, which accounts for about 50,000 low-income women and children.5 Currently, a family of three receives $427 per month, which is 29% below federal poverty levels.6
Supporters of drug testing would argue that it's a method to identify substance abusers for treatment, to prevent child abuse and neglect and to ensure that federal tax dollars are not being spent on illegal drugs. However, they don't argue for drug testing as a condition of eligibility for other recipients of government funds, for example college students, senior citizens, home owners, farmers, physicians, universities, government officials etc.
Drug testing welfare recipients is a violation of the Fourth Amendment, which protects against searches without probable cause. There is no data that states welfare recipients are more likely than non-welfare recipients to use drugs. Furthermore, drug tests do not determine parental neglect or abuse, can not recognize the difference between occasional drug use and addiction, or test for alcohol dependency.7 Alcoholic mothers, have similar rates of preterm births (17.3%) as illicit drug users (20.1%), which increases the likelihood of infant mortality, fetal alcohol syndrome, physical and sexual abuse and adolescent behavioral problems.8,9 Yet this type of substance user would not be at risk of losing public assistance based soley on testing.
WHY THIS BILL SHOULD NOT BE ADOPTED!
HOUSING, FOSTER CARE AND HIV
Losing TANF benefits can create housing instability and possibly homelessness. Some TANF eligible parents choose not to receive benefits in order to keep their families together and out of the foster care system. Children in foster care may be exposed to neglect and abuse and it increases tax payer costs. On average, DC reimburses foster care families $800/month10 per child compared to $427/month for a family of three.
Unstable housing can quickly turn into homelessness. Homeless parents and children experience poor physical and mental health outcomes, delayed development and barriers to employment and education. People who are homeless or reside in unstable housing are more likely to engage in risky sexual behavior, such as exchanging sex for housing or in risky drug-related activities, such as intravenous drug use.11 As a result, HIV infection rates are 3-16 times higher within these groups.12 In DC,1 in 20 DC residents has HIV and 1 in 50 has AIDS.13
SUBSTANCE ABUSE TREATMENT
About 60,000 DC residents need substance abuse treatment, however current capacity only treats 6,000 residents. Drug assessments can take hours, referrals can take 2-21 days and the wait time between referrals and treatment can take up to 5 months. In 2002, 8,500 residents were processed and treated through APRA (Addiction, Prevention and Recovery Administration), the District's substance abuse agency, and 54% were readmitted. As of April, 2008 the Detoxification Facility (Detox), which is an 80-bed facility and a requirement for treatment was completely full.13,14 The likelihood of TANF recipients receiving immediate treatment as a condition of eligibility is slim to none.
REDUNDANT
The POWER (Program on Work, Employment and Responsibility) already exists as a remedy for TANF recipients who are substance abusers. It includes a penalty component that affects only the substance abuser as opposed to the entire family.16
COST AND ADMINISTRATION DIFFICULTIES
The Bill proposes $16 million dollars per year to provide the $45 per person drug test. This does not cover administrative costs (i.e. staffing and case management). The Department of Health would have to hire or relocate staff to TANF intake sites to administer tests. Additionally, false positives and human error could place families in jeopardy while they appeal their cases.5
WHAT DO WE WANT?
Use the $16 million dollars per year to...
1. Increase substance abuse treatment capacity by providing additional qualified treatment providers, ensuring effective treatment with wrap-around services and measureable performance outcomes to meet demand.
2. Provide stable and permanent housing for low-income and homeless families. Many of these families currently or formerly received TANF benefits. Research indicates that stable housing increased employment and reduced TANF reliance.
3. Increase funding for HIV/AIDS education and to promote and administer early testing.
References
1. The Drug Abuse Screening and Treatment Act of 2008 www.dccouncil.washington.dc.us/images/00001/20080306122231.pdf
2. TANF in the District of Columbia (D.C.)
http://www.dcejc.org/app/docs/tanfoutline[2].pdf
3. Public Assistance Use Among Two-Parent Families: An Analysis of TANF and Food Stamp Program Eligibility and Participation
http://aspe.hhs.gov/hsp/05/2parent-part/
4. Women, Poverty and Welfare Reform
www.socwomen.org/socactivism/factwelfare.pdf
5. Council of the District of Columbia Public Hearing (Health Committee) November 6, 2008 Debbie Billet-Roumell Testimony
6. DC Fiscal Policy Institute: What%u2019s in the FY 2009 Budget For TANF?
www.dcfpi.org/2009tanf.pdf
7. Marchwinski v. Howard: Alliance Amicus Brief (3/1/2001)
www.aclu.org/FilesPDFs/marchwinskiamicusbrief1_22_01.pdf
8. Dew, PC et al. (2007) The Effect of Health Compromising Behaviors on Preterm Births.
Maternal Child Health Journal. 11(3) 227-33.
9. Infant Mortality Statistics from the 2003 Period Linked Birth/Infant Death Data Set www.cdc.gov/nchs/data/nvsr/nvsr54/nvsr54_16.pdf
10. Underfunded Foster Care Sparks 'Crisis' in U.S. - washingtonpost.com
www.washingtonpost.com/wp-dyn/content/article/2007/10/17/AR2007101700966.html
11. Aidala A; Cross J; Stall R; Harre D; Sumartojo E. (2005). Housing Status and HIV Risk Behaviors. AIDS & Behavior 9(3):251-265.
12. Kerker B et al. (2005) The Health of Homeless Adults in NYC. NYC Depts of Health and Mental Hygiene.
13. District of Columbia HIV/AIDS Epidemiology Annual Report 2007
http://www.dchealth.dc.gov/doh/frames.asp?doc=/doh/lib/doh/services/administration_offices/hiv_aids/pdf/epidemiology_annual_2007.pdf
14. District of Columbia Pretrial Services Agency
15. First Citywide Comprehensive Substance Abuse Strategy For the District of Columbia
http://app.doh.dc.gov/services/administration_offices/apr/public_comment_draft.shtm
16. TANF (Welfare) in the District of Columbia http://www.dcejc.org/app/docs/tanfoutline%5B2%5D.pdf
We, the undersigned, strongly oppose the consideration and possible adoption of the Drug Abuse Screening and Treatment Act (B17-661) introduced by Councilman Marion Barry in 2008. This bill would negatively impact tens of thousands of your constituents who currently receive TANF (Temporary Assistance for Needy Families) benefits or who may need them in the future. TANF assists about 17,000 households representing 50,000 low-income women and children in Washington, D.C.
Drug testing TANF recipients is a violation of the Fourth Amendment, which protects against suspicion-less searches. There is no proof that welfare recipients are more likely than non-welfare recipients to use drugs. Furthermore, the drug test does not test for alcohol dependency or recognize the difference between occasional drug use and addiction.
This bill is devastatingly punitive, given that an entire family could lose their TANF benefits, which can create unstable housing and possibly homelessness. It potentially breaks up families, thus placing children in foster care. It is redundant. The Program on Work, Employment and Responsibility (POWER) already exists for TANF recipients who need substance abuse treatment and includes a penalty component to be directly applied to the substance user rather than the entire family. Finally, the bill proposes $16 million dollars per year to dispense the $45 per person drug test, but does not cover the administrative costs. This money could be better used to increase substance abuse treatment and housing capacity and increase HIV/AIDS education and early testing.
We urge you to consider using the $16 million dollars per year to increase substance abuse treatment, stable housing for low-income and homeless families and increase HIV/AIDS education and early testing.
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