WELFARE DRUG TEST PLAN GETS MIXED REACTION

The ACLU Says It's An Invasion Of Privacy.

OKLAHOMA CITY -- The ACLU is questioning the Department of Human Services'
plans to start drug testing welfare recipients.

But recipients aren't too bothered by it.

Earlier this week, DHS Director Howard Hendrick said his agency in
mid-March will require welfare recipients and those seeking aid to take a
written exam to determine their propensity to abuse drugs and alcohol. The
results will be used to determine which clients will be required to give a
urine sample for analysis.

Welfare recipients who don't cooperate will be denied benefits.

Shannon James, a 20-year-old single mom who has been on welfare for seven
or eight months, thinks the drug tests are a good idea.

"There are people out there abusing their money, using it for drugs when it
should be going to their kids," she said. "You also feel like it is a big
invasion of your privacy. I can see it both ways. I think it is good."

The American Civil Liberties Union in Oklahoma City opposes such a plan,
spokesman Michael Camfield said.

"The ACLU opposes suspicious drug testing by the government as an invasion
of privacy," Camfield said. "The gathering of bodily fluids is an intimate
invasion of individual liberty. And the receipt of governmental benefits
should not be conditioned on surrendering one's privacy rights."

Camfield points to the Fourth Amendment protection against unreasonable
searches and seizures.

"And it says that this right shall not be violated but upon probable
cause," Camfield said. "So when you talk about these mass searches of
people, I think clearly if the government wants to do that, it is a
violation of a very important principle that is set forth in the Fourth
Amendment."

Camfield uses an example to illustrate his point.

"We are all in this country allowed the privilege of driving a motor
vehicle," he said. "I think there would be a great deal of unrest in the
body politic if government decided that we needed to stop and search every
vehicle without probable cause."

Tulsan Elvis Trahan, 33, who began receiving benefits about six months ago,
said "I think it is a good way to keep the crack and cocaine addicts off it."

Robbyne Thurman, 22, has been on and off welfare for about four years.

"I think it is good because that money is for the children and to pay their
bills," she said. "They don't need to be going out and buying drugs with
it. On the other hand, it does seem like an invasion of privacy, but we
don't want people using the money for their children for drugs."

The Department of Human Services' plan to test its clients isn't the first
time a state agency has ventured into such an arena.

The Oklahoma Department of Corrections randomly drug tests inmates.

The agency also drug tests its employees.

Gary Jones, Oklahoma Public Employees Association executive director, said
he is concerned about how the DOC's policy works.

An individual can report that he suspects someone, he said.

"That person can be tested and go through humiliation," Jones said. "We
think that is wrong. There needs to be some type of evidence to indicate
there is a problem rather than just somebody pointing an accusing finger."

The OPEA has asked the department to take another look at its policy.

Jones said he doesn't consider employee drug testing to be an invasion of
privacy.

"We have to ask ourselves are we going on witch hunts or is there reason to
believe it is warranted and resources expended to these supposed drug
abusers," Jones said.

The Oklahoma Department of Human Services set aside $3 million to
administer the tests, train personnel on how to interpret the written test,
and other functions, said Mary Stalnaker, a department programs supervisor.

The written exam takes 15 to 20 minutes to complete, Stalnaker said.

"It is designed to tell you if there are tendencies for substance abuse by
an individual or within the family," Stalnaker said.

One section of the written test asks the client to rate from never to
repeatedly how often they had done certain things: had drinks with lunch;
argued with family or friends because of drinking; used drugs or alcohol at
the same time; taken drugs to feel better about a problem; or felt drug use
kept them from getting what they want out of life.

Another section asks 67 true or false questions, such as: I always behaved
well in school; I often feel that strangers look at me with disapproval; I
have never felt sad over anything; I am a restless person; I am often
resentful.

Officials say drug and alcohol abuse are barriers to employment, which is
the goal of the welfare system, to get people employed.

Those who indicate they may have a problem will be referred to treatment,
she said.

"We will be contracting with mostly mental-health type providers within the
state, proven certified substance abuse providers who routinely do drug
testing as part of their treatment program," Stalnaker said. "These will be
providers who have a contract to provide some type of service through
Medicaid."