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Arthur Delaney
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Georgia Welfare Drug Testing Law Supported By Bad Research

Posted: 04/23/2012 2:46 pm Updated: 04/23/2012 2:53 pm

Drug Testing
Georgia Gov. Nathan Deal speaks to the Atlanta Press Club April 17, 2012.

Georgia Gov. Nathan Deal (R) signed a law last week that will soon require welfare applicants to pay for drug tests and pass them in order to be eligible for benefits.

In a release, Deal's office cited Florida's recent experience with the same requirement: "Florida passed similar legislation back in 2010 decreasing their welfare applicant pool by 48 percent and saving their state $1.8 million."

Deal's assertion is based on bad research by the Foundation for Government Accountability, a conservative think tank in Florida. The notion that drug testing reduced the welfare applicant pool is directly contradicted by the state government's evaluation of its own law.

"Florida's caseload had been declining consistently since December 2010," says a document from the state's Department of Children and Families, which administers the assistance program (formally known nationwide as Temporary Assistance for Needy Families). "On applying the previous rate of decline to a projection of the July-September 2011 caseload and factoring in the drug testing denials, we found that the projected caseload would have been lower than the actual caseload. Therefore we saw no dampening effect on the caseload for the one quarter (July-September) covered for this report."

The Florida chapter of the American Civil Liberties Union, which successfully sued to halt the drug testing on constitutional grounds, obtained the state report, along with the latest numbers on the drug testing program. HuffPost confirmed the data (first reported by The New York Times) with Florida's Department of Children and Families.

From the moment the Florida law took effect in July of 2011 to when a federal judge suspended it with an injunction the following October, a total of 4,086 welfare applicants were drug tested. Of that total, 108, or 2.6 percent, tested positive for drugs, mostly marijuana. The rate of drug use among the general population is above 8 percent. So poor parents seeking assistance in Florida were singled out for drug testing, but it turns out they are actually less likely to do drugs than most people are.

Florida had to reimburse drug-free applicants for their tests, which at roughly $30 a pop amounted to $118,140 -- likely more than the state would have saved by not paying benefits to the 108 applicants who tested positive for drugs.

Tarren Bragdon, director of the Foundation for Government Accountability, claimed in October that the 1,597 people who filled out applications to qualify for assistance but did not pee in cups would have cost the state $1.8 million in benefits had they enrolled. Bragdon has termed these "drug-related denials," but he has admitted in an interview there is no reason to assume the applicants failed to follow through because they were on drugs. It could be that they found jobs, moved away, couldn't afford the tests or objected to the new policy.

Another problem with the $1.8 million figure is that applicants who actually test positive are banned from receiving benefits for a year, but ones who simply didn't finish their applications can apply again at any time.

Much of the money saved from not providing assistance to those people was lost when the state paid them anyway because of the October injunction. Bragdon claims the state has restored $1.1 million worth of benefits to people who were denied because of failed or skipped drug tests, but according to the Department of Children and Families (DCF), Florida paid out $594,918 in restored benefits and an additional $12,508 in drug testing reimbursements.

In an interview, Bragdon defended his research, but could not explain why he attributes dropping caseloads to drug testing while the state's DCF said the law had no such effect.

Bragdon's numbers have been wrong before. In his first analysis of the drug testing law, he assumed a year's worth of savings for each applicant denied, even though the average person on TANF in Florida receives benefits for less than five months. He also whiffed on the average monthly benefit amount, putting it at $134 instead of $250. He used more accurate numbers in his next report, but never corrected the first one, which claims the law would save $9 million per year.

Mary Scriven, the federal judge who stopped Florida's welfare drug testing law, mocked Bragdon's work in her order. "Though the State offers, as evidence of the cost savings, a pamphlet from the Foundation for Government Accountability," Scriven wrote, "the data contained in the pamphlet is not competent expert opinion, nor is it offered as such, nor could it be reasonably construed as such."

(Bragdon's organization subsequently called Scriven "pro-addict.")

The flaws in Bragdon's research notwithstanding, Georgia lawmakers invited Bragdon to testify about his data in February, and in December he showed off his work to the American Legislative Exchange Council, a group that pushes conservative laws in state legislatures across the country. Dozens of states have considered welfare drug testing laws, but only Georgia and Florida have enacted them.

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Georgia Gov. Nathan Deal (R) signed a law last week that will soon require welfare applicants to pay for drug tests and pass them in order to be eligible for benefits. In a release, Deal's office c...
Georgia Gov. Nathan Deal (R) signed a law last week that will soon require welfare applicants to pay for drug tests and pass them in order to be eligible for benefits. In a release, Deal's office c...
 
 
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COMMUNITY PUNDITS
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Dosadi 10:15 PM on 04/23/2012
Maybe the conservatives need to ride out and read what is written at the Statue of Liberty.

It used to exemplify the higher standards the US believed in.

Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A  Read More...
This user has chosen to opt out of the Badges program
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01:28 PM on 11/17/2012
For everybody who keeps trying to say Liberals are the ones on welfare and all that. Do a little on-line research and you will see the states that are Conservative or vote completely republican are the the ones that get all of the Welfare checks. Its always the ones doing something that accuse everyone else it seems.
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livinglifebig
Holding the Future in my hands everyday.
05:50 PM on 06/19/2012
Bad idea.
HUFFPOST SUPER USER
Jose3
05:17 PM on 04/25/2012
Why don't they drug test the ones handing out the money? That would probably net a better return on the dollar.
01:08 PM on 04/25/2012
You cannot legislate away a mental or spiritual health issue. You actually have to get in there and get your hands dirty.
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Hanover Fiste
guilty as a cat in a goldfish bowl
07:20 PM on 04/24/2012
The right is the product of bad research.
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HUFFPOST SUPER USER
geopat
01:50 AM on 11/17/2012
Manipulated research is more like it. Control, control, control.
06:42 PM on 04/24/2012
Employers have gotten away with their drug testing for so long that it is seen as normal. That doesn't make it right. Now they are trying to ignore the Constitution and do as they please. You want to cut cost, that means spend less. I would start with the cell phones that are handed out. Cell phones, why are these handed out and paid for by the thousands. We need to get rid of excessive and unnecessary spending, not the Constitution.
HUFFPOST SUPER USER
Pushpin100Count
03:50 PM on 11/16/2012
Ah, those cell phones. Here's an article from Forbes that explains how this is a program that dates from 1996 and is managed by private business. You are charged a fee for it in your phone bill, but from your provider, not the government.

http://www.forbes.com/sites/kellyphillipserb/2012/09/28/crazy-for-obama-phones-but-are-they-for-real/
12:56 AM on 01/01/2013
Agree about the cell phones. There are free ones available to use to call 911. We don't need to pay for someone to chit chat with friends when a lot of people paying the bill can't afford cell phone services themselves.
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janmB
loves life
06:07 PM on 04/24/2012
Drug and IQ testing for the Georgia legislature would be more appropriate. They are the ones who mess-up the state. The poor folks on welfare are the mainly because of the leadership....this country is wealthy enough to afford everyone a good life.
11:04 AM on 04/24/2012
Drug testing should be outlawed! It is an invasion of privacy and only catches weed smokers as ALL the other drugs are out of your system in just days, where as weed stays in your system for for weeks or even months!
HUFFPOST SUPER USER
Thinking Clearly
Communication is the key to understanding
10:06 AM on 04/24/2012
There was a time in America where drug testing would have been considered a violation of the Constitution as an unreasonable search. Count me as old fashioned. I don't see this as anything but exactly that. Creating an industry that is based on enforcing the morality of no drug use, that is expensive, intrusive and fallible to force no drug use will not succeed in doing anything but alienating people from Government and rule of law. Our country is barking up the wrong tree. Its all a waste of money. The initial justification for these tests was that we were safeguarding the public in vital areas where life and limb were at stake. Look where its led now.

I say end this corporate rape of America.
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HUFFPOST SUPER USER
JubalTHarshaw
Just Passing Through...
10:53 AM on 04/24/2012
If you want to feed at the public trough there are some items that aren't on the menu for you. Why should I pay for the illegal conduct of someone on assistance? You have no Constitutional right to have others pay for your illegal habits. Never did…
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HUFFPOST SUPER USER
Mark Mickey
Everyday, in Every way, live love.
02:19 PM on 04/24/2012
Ok, but when the state is saying that the individual must pay for their own drug testing and pass it before and in order to qualify for state assistance, the state is making the assumption that these people are guilty until proven innocent (a violation of constitutional rights). If the state SUSPECTS that an individual is using drugs and wishes to stop paying assistance based on that suspicion, then the burden of proof is on the state, not on the individual. The state would then have the legal right to REQUEST that the individual submit to a STATE-PAYED drug test to prove their suspicion. If the individual refuses the test or if it comes back positive, then the state can withhold any further assistance until such time that the individual agrees to submit to the STATE-PAYED test or provides test results that counter those performed by the state. To place all the responsibility of paying for these tests on the individual (who is already overly burdened financially, else they wouldn't be on state assistance in the first place) is not a responsible course of action for any state legislature or governor to take. It is a violation of constitutional rights on so many levels.
07:15 PM on 04/24/2012
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
HUFFPOST SUPER USER
Patchdee
09:57 AM on 04/24/2012
Another disgraceful anti-poor State, Georgia taking after Florida --- all based on faulty research. Why do these people continue to punish the poor?
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HUFFPOST SUPER USER
JubalTHarshaw
Just Passing Through...
10:54 AM on 04/24/2012
So in your world all poor people are on drugs? You should be ashamed of your profiling based on bad research. Naughty, naughty, naughty....
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scythus
*sigh* because they don't let it trickle down.....
09:19 AM on 04/24/2012
Congress doesn't have mandatory drug testing but we're gonna charge people on welfare money so they can get enough money to barely live off of?
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HUFFPOST SUPER USER
JubalTHarshaw
Just Passing Through...
10:55 AM on 04/24/2012
If you want the government off your back, get your hand out of the government's pocket.
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scythus
*sigh* because they don't let it trickle down.....
02:22 PM on 04/24/2012
I'd rather get the government to use the money they took out of MY pocket a little more responsibly.
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HUFFPOST SUPER USER
Jondrea Smith
untied dog in a dogmatic society
02:38 PM on 04/25/2012
Who gets a better government assistance plan? Congress, or welfare recipients? Your logic should go both ways. Hell let's at least make sure the legislators are COMPETENT, regardless of their pharmaceutical predilections.
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HUFFPOST SUPER USER
kbeth
Dear Jesus, Save us from the Christians. Amen
05:57 AM on 04/24/2012
In 1995 Georgia tested their DFCS workers because 1 worker became addicted to crack, instead of considering this as an isolated incident, they decided to do random drug tests of all DFCS workers, huge waste of taxpayer money to find out their workers were drug free. Now they have come up with another way to waste money and get cause suffering while doing it, Way to go Georgia, make me hide my head in shame AGAIN.
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HUFFPOST SUPER USER
kwhitney333
Common sense is not common
07:05 PM on 04/24/2012
I hear ya, me to I live here and I moved here???? Love the state hate its politics its GOP...
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HUFFPOST SUPER USER
jmdziuban1
Aspiring ne'er do not-so-well
01:38 AM on 04/24/2012
How long until Bragdon is arrested for possession of a controlled substance?
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HUFFPOST SUPER USER
The 4th Degree
I'm going where those chilly winds don't blow.
12:00 AM on 04/24/2012
I hope he hasn't planned his budget on their being huge cuts in welfare payments because he is going to wind up real short of cash pretty soon when he finds out he's been had.
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indeedie
Not intended to be a factual mico-bio.
11:46 PM on 04/23/2012
A suspicionless drug test is a search without probable cause, and a violation of the 4th amendment.
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HUFFPOST SUPER USER
jmdziuban1
Aspiring ne'er do not-so-well
11:52 PM on 04/23/2012
Absolutely. guilty until proven innocent.
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HUFFPOST SUPER USER
JubalTHarshaw
Just Passing Through...
10:58 AM on 04/24/2012
A drug testing precondition to engaging in any number of activities is Constitutional. No one is forced to sign up for assistance. If it isn't onerous for those who work why is it onerous for those who don't? I have no desire or obligation to provide you with money to be spent on drugs. If that is the lifestyle you wish to pursue, get a job and buy your own drugs.
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indeedie
Not intended to be a factual mico-bio.
01:31 PM on 04/24/2012
A person doesn't have to apply for a particular job if they don't want to. They may HAVE to apply for assistance to survive, whether they want to or not.

You have no idea how humiliating applying for public assistance can be. Let's needlessly add insult to injury, why don't we?
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HUFFPOST SUPER USER
Sherrie Heckendorn
02:29 PM on 04/24/2012
reality check in florida before they stop they had less than 2% found for marijuana and it cost the state money to find this out. Have you ever in your life been without choice to apply for assistance, Its already humilating and then you want to punish someone even moer, People like you make me so sad because karma has a way of coming back on a person, and i am sure that you will see your karma when you least expect it, and sure lets spend money that could be spent on something good on drug tests that make a lab rich and costs the state more than if they had not had the tests