(2) REFERRAL FOR TREATMENT. The administering agency shall provide information to individuals required to participate in substance abuse treatment about treatment providers certified under ch. DHS 75 and county-specific assessment and enrollment activities required for treatment entry. The administering agency shall monitor the individual’s progress in entering and completing treatment and the results of any random testing for the use of a controlled substance carried out during and at the conclusion of treatment.
(3) SUBSTANCE ABUSE EVALUATION AND ASSESSMENT. A substance abuse treatment provider may conduct a substance abuse evaluation and assessment and take any of the following actions based on the evaluation and assessment:
(a) If a substance abuse treatment provider determines an individual does not need substance abuse treatment, the provider shall notify the administering agency of its determination.
(b) If a substance abuse treatment provider determines an individual is in need of substance abuse treatment, the provider shall refer the individual to an appropriate substance abuse treatment program to begin treatment and shall notify the administering agency of the referral and the expected begin date and duration of treatment.
(c) If a substance abuse treatment provider determines an individual is in need of substance abuse treatment but is unable to refer the individual because there is a waiting list for enrollment in appropriate substance abuse treatment programs, the provider shall notify the administering agency when the individual is expected to be enrolled.
(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. (a) An individual who has been determined by a treatment program after assessment not to need substance abuse treatment will have fully satisfied the requirements of this section and may participate in a work experience program without further screening, testing, or treatment for the use of a controlled substance.
(b) An individual who is on a waiting list for enrollment in an appropriate substance abuse treatment program is eligible to participate in the work experience program during the waiting list period, provided the individual is not eligible for immediate enrollment in any other appropriate substance abuse treatment program.
(5) SATISFYING THE REQUIREMENT TO PARTICIPATE IN TREATMENT THROUGH PARTICIPATION IN ANOTHER PROGRAM. An administering agency shall accept current participation in a substance abuse treatment program, including participation in a treatment program as a requirement of a work experience program under s. 49.79 (9) (d) or 108.133, Stats., or current participation in a substance abuse treatment program required by the Wisconsin department of corrections, to satisfy the requirement of this section. The individual participating in another program shall execute a release of information to allow the administering agency to obtain verification of successful participation in the other program. (6) REFUSAL TO PARTICIPATE IN TREATMENT. An individual refuses to participate in treatment if he or she does any of the following:
(a) Fails or refuses to complete any forms or releases required for program administration, including those required by the treatment provider in order to share information with the administering agency about the individual’s participation in treatment for substance abuse.
(b) Fails or refuses to participate in any controlled substance testing required by the treatment provider or the administering agency during the course of required substance abuse treatment, including random controlled substance testing directed by the treatment provider or administering agency.
(c) Fails or refuses to meet attendance or participation requirements established by the treatment provider.
(d) Fails or refuses to complete a substance abuse assessment.
(7) EFFECT OF REFUSAL TO PARTICIPATE IN TREATMENT. (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 or an alternative treatment option recommended by the treatment provider within 30 days of the refusal to participate. Alternative treatment options recommended by the treatment provider may include transfer to a new treatment program that will, in the opinion of the current treatment provider, better meet the individual’s treatment needs, enrollment in a supplementary program or individual counseling sessions to support continued participation, adjustment of the intensity of treatment services, or other options recommended by the treatment provider and approved by the administering agency.
(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 any work experience program administered by the department for a period of 12 months unless the individual provides satisfactory evidence of successful completion of a drug treatment program from a treatment provider certified under ch. DHS 75 and evidence of a negative test for the use of a controlled substance carried out at the completion of that treatment program. (8) CONTROLLED SUBSTANCE TESTING DURING REQUIRED TREATMENT. (a) An individual who is receiving substance abuse 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.
(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 or another treatment alternative recommended by the treatment provider. The individual may re-enter treatment only once as a result of a positive test for use of a controlled substance.
(c) An individual who re-enters controlled substance abuse treatment under this subsection 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 presenting evidence of a valid prescription for the controlled substance shall be reported to the administering agency and shall result in the individual being ineligible to participate in any work experience program.
(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 any work experience program administered by the department for a period of 12 months, unless the individual provides satisfactory evidence of successful completion of a drug treatment program from a treatment provider certified under ch. DHS 75 and evidence of a negative test for the use of a controlled substance carried out at the completion of that treatment program. (9) TESTING FOR USE OF A CONTROLLED SUBSTANCE AT THE CONCLUSION OF REQUIRED TREATMENT. (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.
(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 satisfactory to the administering agency that the individual possesses a valid prescription for each controlled substance for which the individual tests positive, the individual will have satisfactorily completed the substance abuse treatment and testing requirements under this section and may participate in the work experience program without further screening, testing, or treatment for the use of a controlled substance.
(c) An individual who refuses a test or tests positive for use of a controlled substance at the completion of substance abuse treatment without presenting evidence satisfactory to the administering agency that the individual possesses a valid prescription for each controlled substance for which the individual tests positive is not eligible to participate in any work experience program administered by the department for a period of 12 months unless the individual provides satisfactory evidence of successful completion of a drug treatment program from a treatment provider certified under ch. DHS 75 and evidence of a negative test for the use of a controlled substance carried out at the completion of that treatment program. (10) PARTICIPATION IN WORK EXPERIENCE PROGRAM ACTIVITIES WHILE PARTICIPATING IN TREATMENT. An administering agency shall attempt to place individuals in program activities during treatment. Delays in assigning activities may occur if an individual is unable to pass a drug test required by a work experience job site employer.
DCF 105.07. Effect of completing, voluntarily withdrawing, or being terminating 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. 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. DCF 105.08. Confidentiality of records. Screening questionnaires, testing results, and treatment records relating to this chapter shall not be disclosed for any purpose not connected with the administration of the 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 105.09. Appeals of decisions under this chapter. (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., and s. DCF 101.22. (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 (b), 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. SECTION 2. EFFECTIVE DATE. This rule shall take effect upon publication as provided in s. 227.24 (1) (c), Stats.
