Register November 2008 No. 635
Chapter DHS 66
TREATMENT ALTERNATIVE PROGRAM
Application for a grant.
Organization and administration.
Agreements and communication.
Eligibility for treatment.
Early identification of potential clients.
Assessment and referral for treatment and monitoring.
Ch. DHS 66 Note
Chapter HSS 66 was renumbered HFS 66 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Register, July, 1997, No. 499
. Chapter HFS 66 was renumbered to chapter DHS 66 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
Authority and purpose.
This chapter implements the alcohol or other drug abuse (AODA) treatment alternative program (TAP) under s. 46.65
, Stats., for persons referred from the criminal justice system. The program consists of grants made by the department to local agencies to provide TAP services, including assessment and treatment services, to persons likely to benefit from those services who are referred from courts, law enforcement agencies, probation and parole agents and other parts of the criminal justice system. Substance abuse treatment is a substitute for incarceration.
This chapter applies to the department and to local TAP agencies.
DHS 66.01 History
Cr. Register, January, 1989, No. 397
, eff. 2-1-89.
DHS 66.02 Definitions.
In this chapter:
“Admission" means that a potential client has undergone an assessment and has been found appropriate to participate in TAP.
“Alcohol abuse" means the use of alcohol for non-medical purposes in a manner which interferes with one or more of the following: the person's physical health, psychological functioning, social adaptation, educational performance or occupational functioning.
“Assessment" means the evaluation of a potential client's suitability for substance abuse treatment.
“Case management plan" means an individualized plan for securing, coordinating and monitoring the appropriate treatment interventions and services for a TAP client's successful treatment and criminal justice system outcome.
“Client" means a person who has been assessed by the TAP agency and found to be in need of treatment.
“Criminal justice system" means the officers, agencies and officials engaged in detecting, apprehending, prosecuting, adjudicating and maintaining custody of or supervising persons who have committed crimes.
“Criminal justice system component" means any functioning part of the criminal justice system from law enforcement through parole supervision.
“Criterion" means a standard, principle or test by which a potential TAP client is measured to determine whether he or she is suitable for AODA treatment.
“Department" means the Wisconsin department of health services.
“Drug dependent" has the meaning prescribed in s. 51.01 (8)
, Stats., namely, a person who uses one or more drugs to the extent that the person's health is substantially impaired or his or her social or economic functioning is substantially disrupted.
“Identification" means the act of establishing whether someone accused or convicted of a crime is potentially eligible for TAP.
“Monitoring" means supervising or overseeing clients through the application of specific criteria to determine progress and success or failure.
“Potential client" means a person referred by a criminal justice system component to a TAP agency for assessment.
“Professional staff" means a TAP agency staff member who has direct responsibility for the provision of TAP services to clients.
“Referral" means the assignment by a criminal justice system component of a potential client to a TAP agency for assessment or the assignment by a TAP agency of a client to the most appropriate, available treatment agency.
“RFP" means a request for proposals, a document issued by the department to solicit applications for project support, and which defines project priorities, who may apply for funding, the amounts available for support of given types of projects, the term of projects, application procedures and review criteria.
“Screening" means a systematic examination of all accused or convicted offenders at a particular point in criminal justice system processing to determine their potential suitability for TAP.
“TAP" means the treatment alternative program authorized under s. 46.65
, Stats., to provide alcohol or other drug abuse services, as a treatment alternative in lieu of incarceration for eligible persons in need of those services.
“TAP agency" means an agency or organization under s. DHS 66.03 (1)
that meets the requirements of this chapter and either has been awarded a grant by the department to provide TAP services or has not been awarded a grant by the department for this purpose.
“Treatment" means psychological, educational, social, chemical, medical or somatic techniques designed to bring about rehabilitation of an alcohol or other drug dependent person.
“Treatment agency" means a public or private agency that is approved by the department under ch. DHS 61
to provide AODA treatment services.
“Urinalysis" means examination of urine samples by various technical methods to determine the presence or absence of specified drugs or their metabolized traces.
“Voluntary informed consent" means agreement by a potential client to participate in TAP after a thorough explanation of its advantages and disadvantages, including potential benefits, sanctions by the criminal justice system, TAP agency and treatment agency rules and the likely consequences of successful or unsuccessful termination.
DHS 66.02 History
Cr. Register, January, 1989, No. 397
, eff. 2-1-89;
corrections in (10) and (22) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635.
To be eligible for a TAP grant an agency shall be certified to operate one or more AODA programs under ch. DHS 75
and shall be one of the following:
A tribal agency appointed by the governing body of a federally recognized Wisconsin tribe or band of Indians;
A non-profit minority agency. In this paragraph, “minority agency" means that at least 50% of the members of the agency's board of directors are members of a minority group and at least 50% of the persons served or to be served by the agency are members of a minority group. In this paragraph, “minority group" means blacks, Hispanics, Asians, Pacific islanders, or American Indians.
(2) Making application.
The department shall solicit applications for TAP grants by preparing and distributing a request for proposals (RFP). Application for a TAP grant shall be made no later than the date specified in the RFP on a form furnished by the department and in accordance with instructions contained in the RFP.
DHS 66.03 Note
Note: To obtain copies of the TAP RFP and the TAP grant application form, write: Bureau of Substances Abuse Services, Division of Disability and Elder Services, P.O. Box 7851, Madison, Wisconsin 53707.
The department shall review all applications for a TAP grant for compliance with the form and content specifications of the RFP, and may reject any application that fails to meet those specifications.
The department shall convene a committee to review applications that meet the form and content specifications in the RFP. The committee shall score and rank applications in accordance with the criteria described in the RFP and the weight assigned in the RFP to each criterion.
The secretary of the department shall make the final decision on an application for a TAP grant based on the results of the review under sub. (3) (b)
, geographical coverage considerations and available funds. The department may reject any application or all applications and may negotiate any grant award.
As a condition for receiving a TAP grant or other funding for TAP within the limits of funds provided, an agency shall agree in writing to comply with this chapter and funding procedures of the department.