Chapter DCF 105

DCF 105.02(4) (4) “Department” means the department of children and families.

DCF 105.02(5) (5) “Individual” means a person who has applied to participate in a work experience program or a person who has been determined eligible for the program and is participating in program activities or awaiting assignment to program activities.

DCF 105.02(6) (6) “Medical review officer” means a licensed physician employed by or providing services under contract to a drug testing vendor who has knowledge of substance abuse disorders and laboratory testing procedures and who has the necessary training and experience to interpret and evaluate an individual’s positive test result in relation to the individual’s medical history and current, valid prescriptions.

DCF 105.02(7) (7) “Metabolite” means a chemical present in the body when a controlled substance is being broken down through natural metabolic processes that can be detected or measured as a positive indicator that a controlled substance associated with the metabolite has been used.

DCF 105.02(8) (8) “Reasonable suspicion” means suspicion of controlled substance abuse by an individual based on that individual’s score on a screening questionnaire.

DCF 105.02(9) (9) “Screening” means completion of a questionnaire regarding the individual’s current and prior use of controlled substances.

DCF 105.02(10) (10) “Specimen” means tissue, fluid, or a product of the human body capable of revealing the presence of controlled substances or their metabolites.

DCF 105.02(11) (11) “Treatment” means services that are conducted under clinical supervision to assist an individual through the process of recovery from controlled substance abuse and may include screening, application of approved placement criteria, intake, orientation, assessment, individualized treatment planning, intervention, individual or group and family counseling, referral, discharge planning, after care or continuing care, recordkeeping, consultation with other professionals regarding the patient’s treatment services, recovery and case management, crisis intervention, client education, employment, and problem resolution in life skills functioning.

DCF 105.02(12) (12) “Treatment program” means a program certified to provide treatment for controlled substance abuse as a medically managed inpatient service under s. DHS 75.10, a medically monitored treatment service under s. DHS 75.11, a day treatment service under s. DHS 75.12, an outpatient treatment service under s. DHS 75.13, a transitional residential treatment service under s. DHS 75.14, or a narcotic treatment service for opiate addiction under s. DHS 75.15.

DCF 105.02(13) (13) “Treatment provider” or “provider” means a provider of treatment services for controlled substance abuse certified by the department of health services under the provisions of ch. DHS 75.

DCF 105.02(14) (14) “Work experience program” or “program” in this chapter means a work experience program providing services and benefits to noncustodial parents under s. 49.159 (1) (b), Stats.; the Transform Milwaukee Jobs program under s. 49.163, Stats.; or the Transitional Jobs program under s. 49.163, Stats.

DCF 105.02 History History: EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16; correction in numbering of (6), (7), (14) made under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726.

DCF 105.03 DCF 105.03 Information about the requirement for controlled substance abuse screening, testing, and treatment. An administering agency shall provide information in a format approved by the department to any individual who expresses interest in or requests to apply to a work experience program to explain the requirement for participants in certain work experience programs to undergo screening, testing, and treatment for abuse of controlled substances.

DCF 105.03 History History: EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16.

DCF 105.04 DCF 105.04 Administering a controlled substance abuse screening questionnaire to determine reasonable suspicion of substance abuse.

DCF 105.04(1) (1) Who must complete a screening questionnaire. An administering agency shall administer a controlled substance abuse screening questionnaire approved by the department to any applicant for a work experience program.

DCF 105.04(2) (2) Effect of failing to complete screening questionnaire. The applicant is required to answer all questions on the screening questionnaire, sign and date the questionnaire, and submit it to the administering agency for his or her application for a work experience program to be complete. An applicant who fails to submit a completed screening questionnaire is not eligible to participate in a work experience program, and the administering agency shall deny the application. An individual denied eligibility for a work experience program for failure to complete a screening questionnaire may reapply at any time the individual submits a complete application, including a completed screening questionnaire.

DCF 105.04(3) (3) Effect of successfully passing the screening questionnaire. An individual whose score on the screening questionnaire does not establish a reasonable suspicion of abuse of a controlled substance has fully satisfied the requirements of this chapter and may participate in a work experience program subject to this chapter without further screening, testing, or treatment.

DCF 105.04 History History: EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16.

DCF 105.05 DCF 105.05 Requiring a test for the use of a controlled substance.

DCF 105.05(1) (1) Who may be required to undergo drug testing. An individual whose score on the screening questionnaire establishes a reasonable suspicion of abuse of a controlled substance shall be required to undergo a test for the use of a controlled substance.

DCF 105.05(2) (2) Nature of testing required. Testing shall consist of laboratory analysis of a specimen collected from an individual by a drug testing vendor. The department shall provide to each administering agency a list of all controlled substances or metabolites of controlled substances that must be included in the test and cutoff levels for the initial test and cutoff levels for a confirmation test that may be used. The department may add or delete controlled substances or metabolites that must be included in the laboratory test to reflect changes in pre-employment drug testing practices of Wisconsin employers. A positive test result on the initial test shall be confirmed through a confirmation test from the original specimen collected from the individual.

DCF 105.05(3) (3) Contract for testing services. Subject to the department’s approval, the administering agency may contract with a qualified drug testing vendor to collect a specimen, carry out laboratory analysis of the specimen, store the specimen for confirmatory testing if required, complete confirmatory testing, and provide review by a medical review officer. The department may require the administering agency to use a specific testing service procured through state contracting if the department determines that volume discounts or other preferential pricing terms can be achieved through a statewide contract.

DCF 105.05 Note Note: The federal Centers for Medicare & Medicaid Services (CMS) regulates all laboratory testing (except research) performed on humans in the U.S. through the Clinical Laboratory Improvement Amendments (CLIA). Any entity or facility performing drug or alcohol testing or screening on specimens derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings is considered a laboratory and must obtain an appropriate CLIA certificate and meet the applicable CLIA standards or cease testing.

DCF 105.05 Note For information about CLIA, see: https://www.cms.gov/Regulations-and-Guidance/Legislation/CLIA/index.html. To obtain an application for CLIA certification contact the Wisconsin Department of Health Services Division of Quality Assurance at: [e-mail]

DCF 105.05(4) (4) Refusal to submit to a test. An individual refuses to submit to a test if the individual does any of the following:

DCF 105.05(4)(a) (a) Fails or refuses to provide a specimen during an appointment scheduled by the administering agency for that purpose.

DCF 105.05(4)(b) (b) Fails or refuses to appear for a test at the time and place directed by the administering agency.

DCF 105.05(4)(c) (c) Fails or refuses to complete a form or release of information required for testing, including those required by the drug testing vendor that permit the drug testing vendor to report test results to the department or administering agency.

DCF 105.05(4)(d) (d) Fails or refuses to provide a valid specimen for testing.

DCF 105.05(4)(e) (e) Fails or refuses to provide verification of identity to the testing drug testing vendor.

DCF 105.05(4)(f) (f) Fails or refuses to cooperate with the medical review officer, including refusal to complete an interview or answer questions or refusal to provide records necessary to demonstrate possession of a valid prescription.

DCF 105.05(5) (5) Effect of refusal to submit to a test. An individual who refuses to submit to a test under sub. (4) is ineligible to participate in a work experience program until the individual submits to a test. The administering agency may direct an individual who has refused to submit to a test under sub. (4) and subsequently agrees to submit to a test to undergo drug testing on a random basis at any time within 10 business days after the individual agrees to submit to a test. The individual may not participate in a work experience program until the individual undergoes a test for the use of a controlled substance and test results have been reported to the administering agency.

DCF 105.05(6) (6) Requirement for a confirmation test. If an individual tests positive for the use of a controlled substance, the drug testing vendor shall perform a confirmation test using the same specimen obtained for the initial test. All test results that are non-negative shall be interpreted as positive or negative by a drug testing vendor’s medical review officer who shall be responsible for determining the presence of a controlled substance.

DCF 105.05(7) (7) Accepting test results from another program. Results of a drug test performed by another state program, including a work experience program under ss. 49.36, 49.45 (23) (g), 49.79 (9) (d), or 108.133, Stats., or a drug test carried out by the Wisconsin department of corrections, can be used by an administering agency to determine whether to refer an individual to treatment if the prior test results are provided directly to the administering agency, all the controlled substances and metabolites required by the department to be tested under this chapter are included in the prior test results, and the test occurred within the previous 90 days.

DCF 105.05(8) (8) Effect of a negative test. An individual who undergoes a test for the use of a controlled substance under this subsection and tests negative for use of a controlled substance or tests positive for use of a controlled substance but provides evidence of a valid prescription for each controlled substance for which the individual tests positive will have fully satisfied the requirements of this chapter and may participate in a work experience program without further screening, testing, or treatment.

DCF 105.05(9) (9) Effect of a positive test. An individual whose test results are positive for a controlled substance or metabolite tested and who fails to present evidence of a valid prescription for the controlled substance shall be required to participate in treatment under s. DCF 105.06.

DCF 105.05 History History: EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16.

DCF 105.06 DCF 105.06 Requiring participation in treatment.

DCF 105.06(1) (1) Who may be required to participate in treatment. Every individual who undergoes a test under s. DCF 105.05 and tests positive for the use of a controlled substance without presenting evidence of a valid prescription as described in s. 49.162 (1), Stats., and as determined by the medical review officer for the drug testing vendor, shall be required to participate in treatment in order to be eligible to participate in a work experience program.

DCF 105.06(2) (2) Referral for treatment. The administering agency shall provide information to every individual required to participate in controlled substance abuse treatment about treatment program providers and county-specific assessment and enrollment activities required for entry into treatment. The administering agency shall monitor the individual’s progress in entering and completing treatment and the results of a random test for the use of a controlled substance carried out during and at the conclusion of treatment.

DCF 105.06(3) (3) Substance abuse evaluation and assessment. A treatment provider may conduct a substance abuse evaluation and assessment and take any of the following actions based on the evaluation and assessment:

DCF 105.06(3)(a) (a) If a treatment provider determines an individual does not need treatment, the provider shall notify the administering agency of its determination.

DCF 105.06(3)(b) (b) If a treatment provider determines an individual is in need of treatment, the provider shall refer the individual to an appropriate treatment program to begin treatment and shall notify the administering agency of the referral and the expected begin date and duration of treatment.

DCF 105.06(3)(c) (c) If a treatment provider determines an individual is in need of treatment but is unable to refer the individual because there is a waiting list for enrollment in appropriate treatment programs, the provider shall notify the administering agency when the individual is expected to be enrolled.

DCF 105.06(4) (4) Eligibility of individual to participate in a work experience program when treatment is not needed or the individual is placed on a waiting list.

DCF 105.06(4)(a) (a) An individual who has been determined by a treatment program after assessment not to need treatment will have fully satisfied the requirements of this chapter and may participate in a work experience program without further screening, testing, or treatment.

DCF 105.06(4)(b) (b) An individual who is on a waiting list for enrollment in an appropriate treatment program is eligible to participate in a work experience program during the waiting list period, provided the individual is not eligible for immediate enrollment in another appropriate treatment program.

DCF 105.06(5) (5) Satisfying the requirement to participate in treatment through participation in another program. An administering agency shall accept current participation in any treatment program to satisfy the requirements of this section. The individual participating in the treatment program shall execute a release of information to allow the administering agency to obtain verification of successful participation in that treatment program.

DCF 105.06(6) (6) Refusal to participate in treatment. An individual refuses to participate in treatment if the individual does any of the following:

DCF 105.06(6)(a) (a) Fails or refuses to complete a form or release required for program administration, including those required by a treatment provider in order to share information with the administering agency about the individual’s participation in treatment.

DCF 105.06(6)(b) (b) Fails or refuses to participate in a controlled substance test required by the treatment provider or the administering agency during the course of required treatment, including random controlled substance testing directed by the treatment provider or administering agency.

DCF 105.06(6)(c) (c) Fails or refuses to meet any attendance or participation requirement established by the treatment provider.

DCF 105.06(6)(d) (d) Fails or refuses to complete a substance abuse assessment.

DCF 105.06(7) (7) Effect of refusal to participate in treatment.

DCF 105.06(7)(a) (a) If the treatment provider agrees to continue treatment, an individual who refuses to participate in treatment shall be given one opportunity to participate in treatment by re-entering treatment within 30 days of the refusal to participate.

DCF 105.06(7)(b) (b) An individual who does not re-enter treatment within 30 days of a refusal to participate or who refuses a second time to participate in treatment shall be ineligible to participate in a work experience program subject to s. 49.162, Stats., for a period of 12 months.

DCF 105.06(8) (8) Controlled substance testing during required treatment.

DCF 105.06(8)(a) (a) An individual who is participating in treatment shall undergo a minimum of one randomly administered test for the use of a controlled substance as directed by the administering agency during the course of treatment. Additional tests during required treatment may be directed by the administering agency if recommended by the treatment provider or required under par. (c).

DCF 105.06(8)(b) (b) An individual who tests positive for use of a controlled substance during treatment without presenting evidence of a valid prescription for the controlled substance may be eligible to re-enter the treatment program. The individual may re-enter treatment only once as a result of a positive test for use of a controlled substance. The treatment provider shall determine the terms of the individual’s re-entry into treatment based on an assessment of the individual’s treatment needs at the time the individual re-enters treatment. Based on its assessment, the provider may take any action described in sub. (3).

DCF 105.06(8)(c) (c) An individual who re-enters treatment under par. (b) shall undergo a minimum of one randomly administered test for the use of a controlled substance during the course of continued treatment following re-entry. After re-entering a treatment program, a confirmed positive test for use of a controlled substance without evidence of a valid prescription for the controlled substance shall result in the individual being ineligible to participate in a work experience program.

DCF 105.06(8)(d) (d) An individual who is determined to be ineligible to participate in a work experience program as a result of a second positive test for the use of a controlled substance under par. (c) is not eligible to participate in a department program subject to s. 49.162, Stats., for a period of 12 months.

DCF 105.06(9) (9) Testing for use of a controlled substance at the conclusion of required treatment.

DCF 105.06(9)(a) (a) All individuals participating in treatment under this section shall undergo testing for use of a controlled substance at the completion of the treatment program.

DCF 105.06(9)(b) (b) If an individual tests negative for the use of a controlled substance, or tests positive for the use of a controlled substance but presents evidence of a valid prescription for each controlled substance for which the individual tests positive, the individual will have satisfactorily completed the treatment and testing requirements under this section and may participate in a work experience program without further screening, testing, or treatment.

DCF 105.06(9)(c) (c) An individual who refuses a test or tests positive for use of a controlled substance at the completion of controlled substance abuse treatment without presenting evidence of a valid prescription for each controlled substance for which the individual tests positive is not eligible to participate in a work experience program administered by the department for a period of 12 months.

DCF 105.06(10) (10) Participation in work experience program activities while in treatment. An administering agency may place individuals in program activities during treatment if program activities will not interfere with participation in treatment. An individual who is not in treatment following a positive test during treatment or a refusal to participate and prior to re-entering treatment may not participate in program activities until the individual re-enters treatment.

DCF 105.06 History History: EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16; correction in (8) (b) made under s. 13.92 (4) (b) 7., Stats., Register June 2016.

DCF 105.07 DCF 105.07 Effect of completing, voluntarily withdrawing, or being terminated from a work experience program. An individual who completes or voluntarily withdraws from a work experience program is no longer subject to s. 49.162, Stats., or this chapter as of the date the individual completes or withdraws from the program. An individual who is terminated from a program for reasons unrelated to substance abuse screening, testing, and treatment is no longer subject to s. 49.162, Stats., or this chapter, as of the date of termination from the program.

DCF 105.07 History History: EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16.

DCF 105.08 DCF 105.08 Confidentiality of records. Screening questionnaires, testing results, and treatment records relating to this chapter may not be disclosed unless for purposes connected with the administration of a work experience program unless disclosure is otherwise authorized by law or by written consent from the individual who is the subject of the record. The department may establish administrative, physical, and technical safeguard procedures administering agencies may be required to follow to assure compliance with state and federal laws relating to public assistance program records, drug testing and treatment records, and medical records.

DCF 105.08 History History: EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16.

DCF 105.09 DCF 105.09 Appeals of decisions under this chapter.

DCF 105.09(1) (1) An adverse decision under this chapter affecting an individual’s participation in a work experience program providing services and benefits to noncustodial parents under s. 49.159 (1) (b), Stats., may be appealed following the procedure under s. 49.152, Stats.

DCF 105.09(2) (2) An adverse decision under this chapter affecting an individual’s participation in the Transform Milwaukee Jobs program under s. 49.163, Stats., or the Transitional Jobs program under s. 49.163, Stats., may be appealed under s. 227.42, Stats., by filing a request for a contested case hearing with the department within 30 days after the effective date of the adverse decision.

DCF 105.09 History History: EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16; correction in (2) made under s. 35.17, Stats., Register June 2016 No. 726; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2022.