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West VirginiaHB 55822026 Regular SessionHouseWALLET

Extending program for drug screening of applicants for TANF

Sponsored By: Geno Chiarelli (Republican)

Signed by Governor

§9-3-6

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 0 costs, 4 mixed.

New drug screening for TANF adults

The state screens all adult TANF applicants for drugs. A caseworker can require a test if a screen shows signs of misuse or it reveals a drug conviction in the last three years. Tests can use urine or oral fluid and look for drugs like amphetamines, cocaine, marijuana, opiates, PCP, and benzodiazepines. Refusing a required screen or test makes you ineligible. A valid prescription is a full defense to a positive result. The state pays for the first test; if you ask for a second test at another lab, you pay. The secretary issues emergency rules, adjusts the program if the federal government objects, and uses a federal exemption so the program applies to West Virginia residents.

Sanctions and treatment after positive tests

If you test positive the first time, you must join a DHS-approved treatment and a job-skills program. You can keep TANF while you take them; if you refuse or fail to enroll, you stay ineligible until you do. A second positive test requires both programs again and suspends TANF for 12 months or until you finish. A third positive test ends TANF permanently, subject to federal law. If you were removed for not doing required treatment or job skills, you can reapply one time, six months after you complete an approved treatment program. You must take a new drug test, and you pay for that test and any treatment under this reapplication rule.

Child benefits protected, CPS checks if needed

A child’s TANF does not stop if a parent fails a drug test. The parent names a protective payee to get the child’s check, and the secretary must screen and approve that person. Other eligible adults in the home keep their TANF. If benefits are suspended and no protective payee is named, or benefits end because of a failed test, Child Protective Services must investigate and make a home visit. CPS may interview the child, make a protection plan, work with police or the court if needed, and must report and connect services.

Appeals, privacy, and fraud penalties

If you are denied under this rule, you can appeal to the Board of Review. The Board accepts drug test results without extra proof, decides cases quickly and fairly, and its decisions can go to court. DHS keeps drug screen and test results private; they are used only to decide TANF eligibility and are not shared unless this law allows it. Intentionally lying on an application is a misdemeanor with a $100 to $1,000 fine, up to six months in jail, or both.

Sponsors & Cosponsors

Sponsor

  • Geno Chiarelli

    Republican • House

Cosponsors

  • Adam Burkhammer

    Republican • House

  • Dave Foggin

    Republican • House

  • Scot C. Heckert

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 202 • No: 19

House vote • 3/14/2026

House concurred in Senate amendment and passed bill (Roll No. 666)

Yes: 86 • No: 9

Senate vote • 3/13/2026

Passed Senate with amended title (Roll No. 577)

Yes: 28 • No: 2

House vote • 2/25/2026

Passed House (Roll No. 191)

Yes: 88 • No: 8

Actions Timeline

  1. Chapter 190, Acts, Regular Session, 2026

    6/29/2026House

  2. Approved by Governor 4/1/2026

    4/1/2026House

  3. To Governor 3/25/26

    3/25/2026House

  4. House received Senate message

    3/14/2026House

  5. House concurred in Senate amendment and passed bill (Roll No. 666)

    3/14/2026House

  6. Communicated to Senate

    3/14/2026House

  7. Completed legislative action

    3/14/2026House

  8. House Message received

    3/14/2026Senate

  9. To Governor 3/25/2026 - Senate Journal

    3/14/2026Senate

  10. Approved by Governor 4/1/2026 - Senate Journal

    3/14/2026Senate

  11. Approved by Governor 4/1/2026 - House Journal

    3/14/2026House

  12. Read 3rd time

    3/13/2026Senate

  13. Committee amendment adopted (Voice vote)

    3/13/2026Senate

  14. Passed Senate with amended title (Roll No. 577)

    3/13/2026Senate

  15. Senate requests House to concur

    3/13/2026Senate

  16. On 3rd reading with right to amend

    3/12/2026Senate

  17. Read 3rd time

    3/12/2026Senate

  18. Laid over on 3rd reading 3/12/2026 with right to amend

    3/12/2026Senate

  19. On 2nd reading

    3/11/2026Senate

  20. Read 2nd time

    3/11/2026Senate

  21. Reported do pass

    3/10/2026Senate

  22. Immediate consideration

    3/10/2026Senate

  23. Read 1st time

    3/10/2026Senate

  24. Reported do pass with amend and title amend but first to Health and Human Resources

    3/5/2026Senate

  25. To Health and Human Resources

    3/5/2026Senate

Bill Text

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