Reprinted

January 31, 2012





HOUSE BILL No. 1007

_____


DIGEST OF HB 1007 (Updated January 30, 2012 5:36 pm - DI 110)



Citations Affected: IC 12-7; IC 12-14.5; IC 31-33.

Synopsis: Drug testing. Requires the office of the secretary of family and social services to develop and establish a pilot program in three counties to test for the use of controlled substances under certain conditions by an individual who: (1) receives assistance under the Temporary Assistance for Needy Families program for the individual
(Continued next page)


Effective: July 1, 2012.





McMillin, VanNatter, Noe,
Bacon, Baird, Behning, Borders, Brown T, Burton, Cheatham, Clere, Crouch, Culver, Davisson, Dermody, Dodge, Eberhart, Ellspermann, Espich, Foley, Friend, Frizzell, Frye R, Goodin, Gutwein, Heaton, Heuer, Hinkle, Kirchhofer, Knollman, Koch, Kubacki, Lehe, Lehman, Leonard, Lutz, Mahan, McNamara, Messmer, Morris, Neese, Rhoads, Richardson, Saunders, Smith M, Speedy, Steuerwald, Thompson, Torr, Truitt, Turner, Wesco, Wolkins, Yarde, Ubelhor





    January 9, 2012, read first time and referred to Committee on Family, Children and Human Affairs.
    January 23, 2012, amended, reported _ Do Pass. Referred to Committee on Ways and Means pursuant to Rule 127.
    January 25, 2012, reported _ Do Pass.
    January 27, 2012, read second time, amended, call withdrawn.
    January 30, 2012, re-read second time, amended, ordered engrossed.





Digest Continued

or on behalf of a child; and (2) is at least 18 years of age. Requires the office of the secretary of family and social services to notify the department of child services (department) if a child is ineligible for assistance as a result of an individual testing positive for the illegal use of a controlled substance. Requires the department, not later than nine months after the date the department receives the report, to conduct a
home visit at the child's residence to determine whether to pursue the report as a report of suspected child abuse or neglect. Requires the legislative council to establish and administer a program to test members of the general assembly for the use of controlled substances.



Reprinted

January 31, 2012

Second Regular Session 117th General Assembly (2012)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2011 Regular Session of the General Assembly.

HOUSE BILL No. 1007



    A BILL FOR AN ACT to amend the Indiana Code concerning human services.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 12-7-2-23. -->     SECTION 1. IC 12-7-2-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 23. (a) "Body", for purposes of IC 12-8-2, has the meaning set forth in IC 12-8-2-1.
     (b) "Body", for purposes of IC 12-14.5-7, has the meaning set forth in IC 12-14.5-7-2.
SOURCE: IC 12-7-2-26.3; (12)HB1007.3.2. -->     SECTION 2. IC 12-7-2-26.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 26.3. "Chamber", for purposes of IC 12-14.5-7, has the meaning set forth in IC 12-14.5-7-3.
SOURCE: IC 12-7-2-43.3; (12)HB1007.3.3. -->     SECTION 3. IC 12-7-2-43.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 43.3. "Controlled substance", for purposes of IC 12-14.5, has the meaning set forth in IC 35-48-1-9.
SOURCE: IC 12-7-2-122.7; (12)HB1007.3.4. -->     SECTION 4. IC 12-7-2-122.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 122.7. "Legislative council", for purposes of IC 12-14.5-7, has the meaning set forth in

IC 12-14.5-7-4.

SOURCE: IC 12-7-2-129; (12)HB1007.3.5. -->     SECTION 5. IC 12-7-2-129 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 129. (a) "Member", for purposes of IC 12-8-2, has the meaning set forth in IC 12-8-2-2.
     (b) "Member", for the purposes of IC 12-14.5-7, has the meaning set forth in IC 12-14.5-7-5.
SOURCE: IC 12-7-2-139.5; (12)HB1007.3.6. -->     SECTION 6. IC 12-7-2-139.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 139.5. "Pilot program", for purposes of IC 12-14.5, means the pilot program established under IC 12-14.5-1.
SOURCE: IC 12-7-2-189.9; (12)HB1007.3.7. -->     SECTION 7. IC 12-7-2-189.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 189.9. "TANF assistance", for purposes of IC 12-14.5, means assistance under the federal Temporary Assistance for Needy Families program under 42 U.S.C. 601 et seq.
SOURCE: IC 12-7-2-190.2; (12)HB1007.3.8. -->     SECTION 8. IC 12-7-2-190.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 190.2. "Tests negative" or "testing negative", for purposes of IC 12-14.5, means that an individual:
        (1) tests negative for the use of a controlled substance (as defined in section 43.3 of this chapter) in the individual's body; or
        (2) tests positive for the use of a controlled substance (as defined in section 43.3 of this chapter) in the individual's body but has:
            (A) a valid prescription; or
            (B) an order of a practitioner acting in the course of the practitioner's professional practice;
        for the controlled substance.

SOURCE: IC 12-7-2-190.3; (12)HB1007.3.9. -->     SECTION 9. IC 12-7-2-190.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 190.3. "Tests positive" or "testing positive", for purposes of IC 12-14.5, means an individual:
        (1) tests positive for the presence of a controlled substance (as defined in section 43.3 of this chapter) in the individual's body; and
        (2) does not possess:
            (A) a valid prescription; or
            (B) an order of a practitioner acting in the course of the

practitioner's professional practice;
        for the controlled substance.

SOURCE: IC 12-14.5; (12)HB1007.3.10. -->     SECTION 10. IC 12-14.5 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     ARTICLE 14.5. DRUG TESTING
    Chapter 1. Pilot Program for Drug Test
    Sec. 1. (a) The office of the secretary shall develop and establish a pilot program to test for the use of a controlled substance by an individual who:
        (1) receives TANF assistance for the individual or on behalf of a child; and
        (2) is at least eighteen (18) years of age.
    (b) The pilot program must be implemented for two (2) years in three (3) counties selected in the manner provided under subsection (c).
    (c) The office of the secretary shall select the counties under subsection (b) by the following method:
        (1) The office of the secretary shall divide all the counties into the following three (3) groups:
            (A) The thirty-one (31) counties that have the greatest populations.
            (B) The thirty-one (31) counties that have the lowest populations.
            (C) The counties not described in clause (A) or (B).
        (2) The office of the secretary shall select one (1) county from each of the groups in subdivisions (1)(A), (1)(B), and (1)(C) to participate in the pilot program established under this chapter.
    Sec. 2. (a) The pilot program must:
        (1) allow for an individual to consent to random drug testing by signing the consent form described in section 4(1) of this chapter;
        (2) randomly administer a drug test to individuals who consent as described in subdivision (1);
        (3) require drug testing of individuals who a county office believes, based on reasonable suspicion, are engaged in the illegal use of a controlled substance; and
        (4) except for individuals described in IC 12-14.5-2-1(c), require random drug testing of individuals who:
            (A) a county office has reasonable suspicion to believe, based on testing positive under a previous drug test

administered under this article, are engaged in the illegal use of a controlled substance; and
            (B) are eligible to continue to receive or reapply for TANF assistance as provided under this article.
    (b) The office of the secretary shall:
        (1) randomly administer a drug test to at least the greater of:
            (A) one percent (1%) of the individuals who have consented to random drug testing as described in subsection (a)(1); or
            (B) one (1) individual if at least one (1) individual has consented to random drug testing as described in subsection (a)(1);
        (2) administer a drug test to all individuals who a county office believes, based on reasonable suspicion, are engaged in the illegal use of a controlled substance; and
        (3) randomly administer a drug test to at least the greater of:
            (A) ten percent (10%) of the individuals described in subsection (a)(4); or
            (B) three (3) individuals described in subsection (a)(4) if at least three (3) individuals described in subsection (a)(4) receive TANF assistance.
    (c) The pilot program under this chapter must include an appeals process for individuals.
    Sec. 3. A drug test administered under the pilot program must be performed by a SAMHSA (as defined in IC 22-10-15-3) certified laboratory.
    Sec. 4. After the pilot program is established under this chapter, a county office located in a county selected to participate in the pilot program shall provide the following to an individual described in section 1 of this chapter:
        (1) A consent form that allows the individual to consent to random drug testing of the individual.
        (2) The following information in writing:
            (A) The individual will be subject to random drug testing if the individual signs the consent form.
            (B) The individual is not required to sign the consent form.
            (C) If the individual does not sign the consent form, the individual may be subject to drug testing if the county office believes, based on reasonable suspicion, that the individual is engaged in the illegal use of a controlled substance.
            (D) If the individual:


                (i) tests positive under this article; and
                (ii) is eligible to continue to receive or reapply for TANF assistance for the individual or on behalf of a child as provided in this article;
            the individual may be subject to random drug testing based on reasonable suspicion.
            (E) A statement that the penalties under law concerning eligibility for TANF assistance are more severe if the individual tests positive from a drug test administered based on reasonable suspicion than the penalties for testing positive from a random drug test to which the individual has consented.
            (F) The penalties under law concerning eligibility for TANF assistance for an individual who tests positive under a:
                (i) random drug test to which the individual has consented; and
                (ii) drug test administered based on reasonable suspicion.
            (G) An individual will be temporarily ineligible for TANF assistance if the individual refuses to take a drug test under this article.
    Sec. 5. (a) A county office shall be considered to have reasonable suspicion that an individual is engaged in the illegal use of a controlled substance for purposes of section 2(a)(3) of this chapter if one (1) or more of the following apply:
        (1) The individual has been convicted of a crime.
        (2) The individual has been charged with an offense under IC 35-48 (controlled substances).
        (3) The individual failed to attend a scheduled meeting or complete online requirements regarding TANF assistance.
    (b) A county office has reasonable suspicion to randomly administer a drug test to an individual based on reasonable suspicion as described in section 2(a)(4) of this chapter if an individual has tested positive on a previous drug test administered under this article.
    (c) An employee of a county office may determine when reasonable suspicion exists under section 2(a)(3) of this chapter from factors other than those listed under subsection (a).
    (d) If an employee of a county office believes, based on reasonable suspicion, that an individual is engaged in the illegal use of a controlled substance, the employee shall document the factors

the employee believes establish reasonable suspicion before the individual is tested under this article.
    Sec. 6. The office of the secretary's records concerning the results of a drug test under this article may not be admitted against a defendant in a criminal proceeding.
    Sec. 7. A county office shall provide a list of drug abuse treatment programs to any individual who tests positive under this article.
    Sec. 8. The office of the secretary may adopt rules under IC 4-22-2 necessary to implement this article.
    Chapter 2. Penalties for Failing a Random Drug Test to Which an Individual Has Consented
    Sec. 1. (a) If, after an administrative hearing under IC 4-21.5, a finding is made that an individual who consented to random drug testing tests positive on a drug test, the county office shall:
        (1) provide to the individual a list of drug abuse treatment programs approved by the office of the secretary; and
        (2) administer a drug test to the individual regularly at intervals of at least twenty (20) days and not more than thirty (30) days until the individual tests negative in two (2) consecutive drug tests.
    (b) If an individual does not test negative in two (2) consecutive drug tests as described in subsection (a)(2) not later than four (4) months after the date the county office begins testing the individual regularly under subsection (a)(2), the following apply:
        (1) The individual's failure to test negative establishes reasonable suspicion that the individual is engaged in the illegal use of a controlled substance.
        (2) The individual is subject to random drug testing as provided in IC 12-14.5-1-2(a)(4).
        (3) The county office shall administer a drug test to the individual based on reasonable suspicion not later than thirty (30) days after the date the individual last tested positive.
        (4) The penalties under IC 12-14.5-3 apply to any drug test in which the individual tests positive after reasonable suspicion is established under subdivision (1).
    (c) If an individual tests negative in two (2) consecutive drug tests as described in subsection (a)(2) not later than four (4) months after the date the county office begins testing the individual regularly under subsection (a)(2), the individual:
        (1) shall be returned to the pool of individuals who have consented to random drug testing; and


        (2) is subject to random drug testing as described in IC 12-14.5-1-2(a)(2).
    Sec. 2. (a) Except as provided in IC 12-14.5-5-2, if:         (1) an individual tested positive under a previous random drug test to which an individual consented;
        (2) an individual is subject to a second random drug test; and
        (3) after an administrative hearing under IC 4-21.5, a finding is made that the individual tests positive on the drug test described under subdivision (2);
the individual is ineligible to receive TANF assistance for the individual for three (3) months after the date of the finding.
    (b) If an individual tests positive on two (2) separate drug tests under subsection (a), the county office:
        (1) has reasonable suspicion that the individual is engaged in the illegal use of a controlled substance; and
        (2) shall administer random drug testing to the individual under IC 12-14.5-1-2(a)(4).
    Sec. 3. (a) If an individual who consented to random drug testing refuses to take a drug test under this article, the individual is ineligible for TANF assistance for the individual for three (3) months after the date that the individual refuses to take the drug test.
    (b) An individual who is ineligible under section 2(a) of this chapter or subsection (a) may reapply for TANF assistance after the applicable three (3) month ineligibility period. Upon reapplying, the individual must test negative on a drug test before the individual may receive TANF assistance.
    Chapter 3. Penalties for Failing a Drug Test Administered Based on Reasonable Suspicion
    Sec. 1. (a) Except as provided in IC 12-14.5-5-2 and if, after an administrative hearing under IC 4-21.5, a finding is made that an individual tests positive on a drug test administered based on reasonable suspicion as described in IC 12-14.5-1-2(a)(3) or IC 12-14.5-1-2(a)(4):
        (1) the individual is ineligible to receive TANF assistance for the individual for six (6) months after the date of the finding; and
        (2) the child on whose behalf the individual receives TANF assistance shall have that child's TANF assistance reduced by fifty percent (50%) for six (6) months after the date of the finding.
    (b) If an individual refuses to take a drug test administered

based on reasonable suspicion as described in IC 12-14.5-1-2(a)(3) or IC 12-14.5-1-2(a)(4):
        (1) the individual is ineligible to receive TANF assistance for six (6) months after the date that the individual refused to take the drug test; and
        (2) the child on whose behalf the individual receives TANF assistance shall have that child's TANF assistance reduced by fifty percent (50%) for six (6) months after the date of the finding.
    Sec. 2. (a) An individual who is ineligible under section 1 of this chapter may reapply for TANF assistance after the applicable six (6) month ineligibility period. Upon reapplying, the individual must test negative on a drug test before the individual may receive TANF assistance.
    (b) If, after an administrative hearing under IC 4-21.5, a finding is made that an individual described in subsection (a) tests positive on the drug test administered for the TANF reapplication process:
        (1) the individual is permanently ineligible to receive TANF assistance for the individual; and
        (2) a child on whose behalf the individual receives TANF assistance is ineligible for TANF assistance for as long as the child resides with the individual.

     Sec. 3. If an individual tests positive on a drug test under section 1 of this chapter, the:
        (1) county office is considered to have reasonable suspicion that the individual is engaged in the illegal use of a controlled substance; and
        (2) individual is subject to random drug testing based on reasonable suspicion as provided under IC 12-14.5-1-2(a)(4).

     Sec. 4. If, after an administrative hearing under IC 4-21.5, a finding is made that an individual described under section 1 of this chapter tests positive on a second drug test based on reasonable suspicion as described in IC 12-14.5-1-2(a)(3) or IC 12-14.5-1-2(a)(4):
        (1) the individual is permanently ineligible to receive TANF assistance for the individual; and
        (2) a child on whose behalf the individual receives TANF assistance is ineligible for TANF assistance for as long as the child resides with the individual.

     Chapter 4. Notice to the Department of Child Services
    Sec. 1. The office of the secretary shall notify the department of child services concerning a child who is ineligible for TANF

assistance under this article.
    Chapter 5. Exception to Penalties Concerning TANF Assistance     Sec. 1. (a) If an individual:
        (1) is ineligible to receive TANF assistance under IC 12-14.5-3-2(b) or IC 12-14.5-3-4;
        (2) was not a parent or guardian to a child at the time the individual became ineligible to receive TANF assistance as described in subdivision (1);
        (3) becomes a parent or guardian of a child after the individual becomes ineligible to receive TANF assistance as described in subdivision (1); and
        (4) tests negative on a drug test administered by the office of the secretary;
the child is eligible for TANF assistance under this article if the child meets all the other eligibility requirements to receive TANF assistance.
    (b) If an individual described under subsection (a) tests positive on the drug test administered by the office of the secretary under subsection (a)(4), the child on whose behalf the individual receives TANF assistance is ineligible to receive TANF assistance for as long as the child resides with the individual.
    Sec. 2. (a) This section applies to an individual who:
            (1) tests positive on the drug test administered by the office of the secretary; and
            (2) would otherwise be ineligible for TANF assistance as described in IC 12-14.5-2-2(a) and IC 12-14.5-3-1(a).
    (b) An individual does not become ineligible for TANF assistance as described in subsection (a)(2) and may continue to receive all TANF assistance for the individual and on behalf of an eligible child if the individual:
        (1) participates in a drug treatment program that has been approved by the division of mental health and addiction;
        (2) successfully completes the drug treatment program; and
        (3) does not test positive under a subsequent drug test ordered         by the office of the secretary under this article.
    (c) This section does not apply if the individual fails to complete the drug treatment program described in subsection (b).
    Chapter 6. Costs of Drug Testing
    Sec. 1. (a) The office of the secretary shall pay for a drug test administered under this article if the individual:
        (1) consented to random drug testing;
        (2) has not previously tested positive on a drug test

administered under this article; and
        (3) tests negative on the drug test.
    (b) An individual shall reimburse the office of the secretary if the individual tests positive on a drug test paid for by the office of the secretary under subsection (a).
    (c) If an individual fails to reimburse the office of the secretary for a drug test under subsection (b):
        (1) the individual is ineligible to receive TANF assistance; and
        (2) a child on whose behalf the individual receives TANF assistance is ineligible for TANF assistance for as long as the child resides with the individual;
until the individual reimburses the office of the secretary for the drug test.
    (d) An individual shall be responsible for any costs of additional drug testing required under this article as a result of the individual testing positive on a random drug test to which the individual consented.
    Sec. 2. (a) An individual who:
        (1) does not consent to random drug testing; and
        (2) is tested under this chapter based upon reasonable suspicion as described in IC 12-14.5-1-2(a)(3) or IC 12-14.5-1-2(a)(4);
shall pay the costs of the drug test.
    (b) If an individual described under subsection (a) tests negative for the use of a controlled substance, the office of the secretary shall reimburse the individual for the cost of the drug test.

     Chapter 7. Drug Testing for Legislators
    Sec. 1. This chapter applies to a member of the general assembly who:
        (1) is serving in the general assembly on June 30, 2012; or
        (2) is elected or appointed to the general assembly after June 30, 2012.
    Sec. 2. As used in this chapter, "body" refers to either of the following:
        (1) The house of representatives.
        (2) The senate.
    Sec. 3. As used in this chapter, "chamber" refers to either of the following:
        (1) The floor of the house of representatives.
        (2) The floor of the senate.
    Sec. 4. As used in this chapter, "legislative council" refers to the legislative council created under IC 2-5-1.1-1.


    Sec. 5. As used in this chapter, "member" refers to either of the following:
        (1) A member of the house of representatives.
        (2) A member of the senate.
    Sec. 6. (a) The legislative council shall establish and administer a program under this chapter to test for the use of a controlled substance by a member.
    (b) The program established under this section must:
        (1) allow for a member to consent to random drug testing described in subdivision (2) by signing a consent form described in subsection (c);
        (2) randomly administer a drug test to fifty percent (50%) of the members who consent as described in subdivision (1) during each regular legislative session of the general assembly; and
        (3) require drug testing of members who the:
            (A) speaker of the house of representatives; or
            (B) president pro tempore of the senate;
        believes, based on reasonable suspicion, are engaged in the illegal use of a controlled substance.
    (c) If a member refuses to consent to random drug testing described in subsection (b)(2), the member may not receive any of the following privileges provided to members:
        (1) Partisan staff.
        (2) Franked mail.
        (3) Reserved parking at the statehouse.
        (4) Office space at the statehouse.
        (5) Electronic devices.
    (d) The consent form described in subsection (b)(1) must:
        (1) allow for a member to consent to random drug testing as described in subsection (b)(2); and
        (2) provide specific, detailed information concerning the privileges the member will not receive as provided under subsection (c) if the member does not consent to random drug testing.
    (e) A drug test administered under subsection (b)(2) or (b)(3) must be performed by a SAMHSA (as defined in IC 22-10-15-3) certified laboratory.
    Sec. 7. (a) The speaker of the house of representatives or president pro tempore of the senate is considered to have reasonable suspicion that a member is engaged in the illegal use of a controlled substance for purposes of section 6(b)(3) of this

chapter if the member has been:
        (1) convicted of a crime; or
        (2) charged with an offense under IC 35-48 (controlled substances).
    (b) The speaker of the house of representatives and president pro tempore of the senate may determine that reasonable suspicion exists under section 6(b)(3) of this chapter from factors other than those listed in subsection (a).
    Sec. 8. A member shall submit to a drug test not later than twelve (12) hours after the member is notified that the member has been:
        (1) randomly selected for a drug test; or
        (2) selected for a drug test based on reasonable suspicion.
    Sec. 9. Each member of the general assembly shall pay the costs of a drug test administered under this chapter.
    Sec. 10. If a:
        (1) member who consented to random drug testing under this chapter refuses to take a drug test;
        (2) member refuses to take a drug test based on reasonable suspicion as described in section 6(b)(3) of this chapter;
        (3) member fails to take a drug test within the time required under section 8 of this chapter;
        (4) member refuses to pay for a drug test as required under section 9 of this chapter; or
        (5) finding is made by the member's chamber that the member has tested positive on a drug test;
the member shall be assessed a penalty by the member's body under the Constitution of the State of Indiana or the rules adopted by the member's chamber, and the member loses all the privileges listed in section 6(c) of this chapter provided to members.
    Sec. 11. The following lists shall be made available to the public:
        (1) The names of all the members who consent to random drug testing under this chapter.
        (2) The names of all of the members who refused to consent to random drug testing under this chapter.
        (3) The names of each member who is tested under this chapter based on reasonable suspicion as described in section 6(b)(3) of this chapter.
        (4) The names of all the members who:
            (A) test positive on a drug test administered under this chapter; and
            (B) test negative on a drug test administered under this

chapter.

SOURCE: IC 31-33-8-0.5; (12)HB1007.3.11. -->     SECTION 11. IC 31-33-8-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 0.5. If the department receives a report from the office of the secretary of family and social services under IC 12-14.5-4-1, the department shall, not later than nine (9) months after the date the department receives the report, conduct a home visit at the child's residence to determine whether to pursue the report as a report of suspected child abuse or neglect.