State of Wisconsin
Department of Children and Families
NOTICE OF PUBLIC HEARING
Substance Abuse Screening, Testing, and Treatment for Certain Department Work Experience Programs
DCF 105
NOTICE IS HEREBY GIVEN that pursuant to s. 49.162 (7), Stats., as created by 2015 Wisconsin Act 55., the Department of Children and Families proposes to hold a public hearing to consider emergency and proposed permanent rules relating to substance abuse screening, testing, and treatment for certain department work experience programs.
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Hearing Information
1:30 p.m.
December 15, 2015
Tuesday
MADISON
GEF 1 Building, Room H306
201 E. Washington Avenue
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
If you have special needs or circumstances regarding communication or accessibility at a hearing, please call (608) 422-7074 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.
(See PDF for image)Analysis Prepared by the Department of Children and Families
Statutory authority: Section 49.162 (7), Stats., as created by 2015 Wisconsin Act 55
Statutes interpreted: Section 49.162, Stats., as created by 2015 Wisconsin Act 55
Related statute or rule: Sections 49.159 (1) (b) and 49.163, Stats.; Ch. DCF 101; Sections 49.79 (9) (d) and 108.133, Stats., as created by 2015 Wisconsin Act 55
Explanation of Agency Authority
Section 49.162 (7), Stats., as created by 2015 Wisconsin Act 55, provides that the department shall promulgate rules to implement the substance abuse screening, testing, and treatment requirements” under s. 49.162, Stats.
Section 49.162, Stats., as created by 2015 Wisconsin Act 55 requires substance abuse screening, testing, and treatment as a condition of eligibility for all of the following:
Persons who apply to participate in the Transform Milwaukee program or the Transitional Jobs program under s. 49.163, Stats.
Persons who apply to participate in W-2 services and benefits for noncustodial parents under s. 49.159 (1) (b), Stats.
Persons who are ordered by a court to register for Children First because they are not meeting their child support obligations. The emergency and proposed permanent rules do not apply to the Children First program. Rules for the Children First program will be promulgated separately due to unique and substantial differences in how that program is administered.
Section 49.162, Stats., requires applicants to the Transform Milwaukee program, the Transitional Jobs program, and the Wisconsin Works program for services and benefits for noncustodial parents to complete a questionnaire that screens for the abuse of a controlled substance. If the administering agency determines that there is a reasonable suspicion that an individual who is otherwise eligible for the work experience program is abusing a controlled substance based on the applicant’s answers to the questionnaire, the individual must undergo a test for the use of a controlled substance to be eligible for the work experience program. If the individual refuses to answer the questionnaire or submit to a drug test, the individual is not eligible for the work experience program until the individual complies with the requirement to complete the questionnaire or undergo a test for the use of a controlled substance.
An individual who undergoes a test for the use of a controlled substance and tests negative will have satisfactorily completed the substance abuse testing requirements. An individual who tests positive but presents evidence of a valid prescription that explains any metabolites detected by the test will also have satisfactorily completed the substance abuse testing requirements. An individual who tests positive without presenting evidence of a valid prescription will be required to participate in substance abuse treatment to remain eligible for the work experience program.
During the time an individual is participating in required substance abuse treatment, he or she is required to undergo random substance abuse tests. An individual who tests positive during treatment without presenting evidence of a valid prescription that explains any metabolites detected by the test will have one opportunity to begin treatment again. The individual re- entering treatment after an unexplained positive test remains eligible for the program only if the individual does not have another unexplained positive test before successfully completing treatment. Upon completion of the substance abuse treatment program, the individual must undergo a test for substance abuse. If the test result is negative or positive for metabolites associated with a valid prescription, the individual will have satisfactorily completed the substance abuse testing requirements.
Summary of the Proposed Rules
The purpose of this chapter is to establish a process to screen for, and, if appropriate, test for the use of controlled substances, as defined in this chapter, by applicants for work experience programs administered by the Department of Children and Families, and to refer individuals determined to be abusing a controlled substance to a treatment provider for a substance abuse assessment and evaluation and appropriate treatment.
The emergency and proposed permanent rules permit the department to approve one or more screening questionnaires that may be used to determine whether there is reasonable suspicion that an individual who is otherwise eligible for a work experience program is abusing a controlled substance, standards for concluding a reasonable suspicion of controlled substance abuse exists, and procedures for determining when an individual has refused to comply with the screening requirement. The emergency and proposed permanent rules define how individuals reasonably suspected of abusing a controlled substance will be tested for use of a controlled substance, what alternative test results may be accepted to satisfy the testing requirement, what confirmation testing may be required, how test result records will be stored to assure confidentiality and compliance with federal regulations relating to diagnosis and treatment records for drug abuse, how applicants may consent to sharing test result information, and how refusal to submit to a test will be determined.
For applicants who test positive for use of a controlled substance without evidence of a valid prescription that explains all controlled substances identified in the test, the emergency and proposed permanent rules define how the individual will be assessed to determine the need for treatment, how random drug tests during treatment and at the completion of treatment will be carried out, what standards will be used to determine if an individual with a positive test result during or after treatment can continue or re-start treatment, and who has access to and maintains records of substance abuse treatment. Finally, the emergency and proposed permanent rules determine whether an individual who is ineligible for a work experience program may reapply for the same program or apply for other department programs covered by the substance abuse screening, testing, and treatment requirement.
Summary of Factual Data and Analytical Methodologies
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