An agreement has been reached between the Family Independence Agency (FIA), represented by the Office of the Attorney General, and the American Civil Liberties Union, representing welfare recipients, on a proposal that would allow the FIA to conduct a pilot project to test welfare recipients for substance abuse.

The settlement is the result of a 1999 lawsuit challenging Michigan's welfare drug testing policy. The policy resulted from legislation enacted by the Michigan Legislature in 1999. An initial pilot project was halted in 2000 when Federal District Court granted the ACLU's motion for a preliminary injunction. The ACLU alleged the policy violated plaintiffs’ 4th Amendment rights because the testing was not "suspicion based."

"I'm pleased that the parties were able to work together to develop a protocol for identifying and assisting welfare recipients with substance abuse problems," FIA acting director Musette A. Michael said. "We all recognize the devastating effects substance abuse has on building strong families and self-sufficient individuals. The FIA welcomes this opportunity to implement solutions for combating substance abuse."

Under the protocol agreed to by the parties, which would be implemented if a pilot project is started, Family Independence Program applicants and recipients would, in the pilot project, sign a release form allowing employers, the FIA, Michigan Works! Agency and court personnel to share drug test results and substance abuse assessment and treatment information.

Under the agreement, applicants and recipients in the pilot project would complete a substance abuse survey designed to identify individuals with barriers to building strong family relationships, or developing self-sufficiency, that may be related to substance abuse. Those identified individuals would be referred to a substance abuse professional. If the substance abuse professional suspects substance abuse, based on a standardized screening tool, the individual would be referred for a drug screening test and an assessment of need for treatment. Only those suspected by a professional to have a drug problem will be tested.