16 Del. Admin. Code § 6003-9.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 6003-9.0 - Referrals

9.1 A program must refer a participant younger than 18 years to a treatment program approved by the Department of Services for Children, Youth, and Their Families.

9.2 A program must refer a participant to a program for educational services whenever all of the following conditions exist:

9.2.1 The participant's DUI is the participant's first.

9.2.2 The participant's BAC was less than .15.

9.2.3 The participant's screening report identifies a low risk of substance use disorder.

9.3 A program must refer a participant to a program for treatment services whenever any of the following conditions exist:

9.3.1 The participant's DUI is the participant's first and any of the following conditions exist:

9.3.1.1 The participant's screening report identifies a moderate or higher risk of substance use disorder.

9.3.1.2 The participant's BAC was .15 or more.

9.3.1.3 The participant refused to submit to a chemical test.

9.3.1.4 The participant's DUI involved the use of drugs.

9.3.2 The participant's DUI is the participant's second within 10 years and the participant's BAC was .15 or less.

9.4 A program must refer a participant to a program for intensive treatment services whenever any of the following conditions exist:

9.4.1 The participant's DUI is the participant's second within 10 years and any of the following conditions exist:

9.4.1.1 The participant's BAC was .15 or more.

9.4.1.2 The participant refused to submit to a chemical test.

9.4.1.3 The participant's DUI involved the use of drugs.

9.4.2 The participant's DUI is the participant's third or subsequent DUI.

9.5 Whenever a participant does not meet the criteria under subsections 9.2 through 9.4 of this regulation, a program must refer the participant for appropriate treatment services based on the participant's risk of substance use disorder identified in the participant's screening report.

9.6 Whenever a participant's screening report indicates co-occurring mental health or medical conditions, a program must provide the participant with a referral to appropriate services.

16 Del. Admin. Code § 6003-9.0

25 DE Reg. 783( 2/1/2022) (Final)