Wis. Admin. Code DHS § DHS 66.08

Current through October 28, 2024

Section DHS 66.08 - Assessment and referral for treatment and monitoring

(1) ASSESSMENT. Each TAP agency shall have a standardized assessment process for persons referred from the criminal justice system to ensure that all eligibility criteria are met and that a person who is referred for TAP is appropriate for the program. The assessment process shall include:

(a) A face-to-face interview with each potential client by a qualified TAP staff member within a specified period of time after the date of the initial referral from the criminal justice system;

(b) Application of standardized assessment instruments and procedures for confirming the eligibility of a potential client, including instruments and procedures that disclose a potential client's drug dependent status and current and past involvement with the criminal justice system;

(c) A determination of the most appropriate type of AODA treatment for each client; and

(d) The client's agreement to participate in TAP, including his or her understanding of confidentiality requirements and his or her agreement to follow TAP agency and treatment agency policies and procedures.

(2) REFERRAL. Within 48 hours after the assessment under sub. (1) is completed, excluding weekends, a client shall be referred to a treatment program. If a treatment placement is not immediately available, TAP staff shall monitor the client during the interim period.

(3) TESTING OF SPECIMENS. Each TAP agency shall:

(a) Have written procedures for conducting urinalysis and other tests that detect the presence of drugs used by a client, including procedures for collecting, processing and analyzing specimens and recording positive results;

(b) Maintain records of all specimens collected and the frequency of testing for each phase of a client's TAP participation and progress. A client referred to outpatient treatment shall comply with on-site, random requests for specimen submissions at least during the first 6 months of TAP participation; and

(c) Have a written contract with a laboratory certified under 42 CFR 493 to conduct confirmatory urinalyses and other tests of specimens. The contract shall delineate all quality control procedures and standards and shall specify how a chain of custody of the specimen will be established to ensure that the urinalysis and other tests are legally acceptable evidence.

(4) CASE MANAGEMENT.

(a) The TAP agency shall develop an individualized written case management plan for each client. The plan shall be approved by the client and the treatment agency. The plan shall specify:

1. The treatment services to be delivered;

2. The frequency of and justification for contacts with TAP agency and treatment agency counselors; and

3. The content and frequency of treatment agency progress reports to the TAP agency and the referring criminal justice system component.

(b) The referring criminal justice system component shall be kept informed about each referred client's progress, as follows:

1. The TAP agency shall give written notice of the person's admission into the TAP program and placement of the client in a treatment program, and shall submit a copy of the case management plan under par. (a) to the criminal justice system component;

2. The TAP agency shall require treatment agencies to submit treatment progress reports to the TAP agency and the criminal justice system component, at least monthly; and

3. The TAP agency shall, within 24 hours after a client's termination, notify the referring criminal justice system component of the client's termination.

(c) The TAP agency shall maintain a separate file for each TAP client, which shall include:

1. A record of all treatment services provided to the client from admission to termination; and

2. Written and signed notations by each TAP agency counselor involved with the client, specifying the date and content of all face-to-face and telephone contacts with the client, the referring justice system component and the client's treatment agency.

(5) TERMINATION CRITERIA. Each TAP agency shall establish written criteria for successful and unsuccessful termination of clients from TAP participation. The criteria shall be agreed to by cooperating criminal justice system components and treatment agencies and shall include:

(a) In regard to criteria measuring successful termination:

1. Completion of a written case management plan as required under sub. (4) within 15 days after admission into TAP; and

2. Compliance with any court order or other legal order relating to the client; and

(b) In regard to criteria measuring unsuccessful termination:

1. The client's unexcused absence from a specified number of scheduled TAP agency or treatment agency appointments;

2. The client's continued alcohol or other drug use or abuse as documented by a specified number of positive urinalysis tests or other test of specimens;

3. Re-arrest of the client; or

4. The client's lack of participation or cooperation in the treatment program as documented by the treatment agency counselor's written complaints of the client's non-compliance with TAP agency or treatment agency requirements.

Wis. Admin. Code Department of Health Services DHS 66.08

Cr. Register, January, 1989, No. 397, eff. 2-1-89.