Section DHS 38.06 - Requiring participation in treatment(1) WHO MAY BE REQUIRED TO PARTICIPATE IN CONTROLLED SUBSTANCE ABUSE TREATMENT. Every individual who undergoes a test under s. DHS 38.05 and tests positive for the use of a controlled substance without presenting a valid prescription, and as determined by the medical review officer for the drug testing vendor, shall be required to participate in trauma-informed controlled substance abuse treatment to remain eligible to participate in an employment and training program.(2) REFERRAL FOR TREATMENT. The administering agency shall provide information to every individual required to participate in 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 testing for the use of a controlled substance carried out during and at the conclusion of treatment.(3) SUBSTANCE ABUSE EVALUATION AND ASSESSMENT. A treatment provider will conduct a trauma-informed substance abuse evaluation and assessment and take any of the following actions based on the evaluation and assessment: (a) If a treatment provider determines an individual does not need substance abuse treatment, the provider shall notify the administering agency of its determination.(b) If a treatment provider determines an individual is in need of substance abuse 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.(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.(4) ELIGIBILITY OF INDIVIDUAL TO PARTICIPATE IN AN EMPLOYMENT AND TRAINING 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 treatment will have satisfied the requirements of this chapter and may participate in an employment and training program.(b) An individual who is on a waiting list for enrollment in an appropriate treatment program shall continue to take all necessary steps to continue seeking enrollment in an appropriate treatment program. The individual is eligible to participate in an employment and training program during the waiting list period, provided the individual is not eligible for immediate enrollment in another appropriate treatment program.(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 another program shall execute a release of information to allow the administering agency to obtain verification of successful participation in that treatment 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 a form or releases required for treatment 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.(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.(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. Refusal to participate in a substance abuse treatment program will lead to ineligibility to participate in the employment and training program; however, an individual subject to this section may reapply for enrollment at any time if the individual agrees to participate in treatment and remains eligible for FoodShare benefits.(8) COMPLETION OF REQUIRED TREATMENT. Individuals subject to this section will be considered to be successfully completing treatment if all components of the treatment program identified under the evaluation assessment as described in s. DHS 38.06(3) are met.(9) PARTICIPATION IN EMPLOYMENT AND TRAINING PROGRAM WORK REQUIREMENTS WHILE IN TREATMENT. An individual who is participating in an employment and training program shall be exempt from compliance with the work requirements under s. 49.79(9), Stats., while participating in treatment.Wis. Admin. Code Department of Health Services DHS 38.06
Adopted by, CR 17-005: cr. Register May 2018 No. 749, eff. 6/1/2018