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DSL INFO MEMO 2000-04

April 13, 2000

STATE OF WISCONSIN
Department of Health and Family Services
Division of Supportive Living

To:
Area Administrators/Assistant Area Administrators
County AODA Coordinators
County Departments of Community Program Directors
County Departments of Developmental Disabilities Services Directors
County Departments of Human Services Directors
County Departments of Social Services Directors

From:
Sinikka McCabe,Administrator
Division of Supportive Living

Re:
Intoxicated Driver Assessment and Driver’s Safety Plan Appeal Procedure Under HFS 62

This is to clarify that the HFS 94 Patient Rights and Grievance Procedure do not apply to the Intoxicated Driver Assessment and Driver Safety Plan Development Procedure Under HFS 62. The long-standing local Intoxicated Driver Program (IDP) appeal procedure under HFS 62 will continue to be the avenue for persons who undergo a court-ordered intoxicated driver assessment and driver safety plan development to appeal the application and results of those procedures.

The intoxicated driver assessment process and driver safety plan development procedure are controlled by the requirements under HFS 62 which, if followed accurately, minimize any opportunity for making arbitrary decisions, and correctly identify the appropriate type of treatment needed by the individual.

Following the assessing agency’s investigation of an appeal of assessment findings using the local IDP appeal procedure, if there is any question as to whether the "Wisconsin Assessment of the Impaired Driver" (WAID) was administered properly the assessing agency should contact the Bureau of Substance Abuse Services to review its administration of the WAID in that case.

All persons who are identified by the WAID as needing substance abuse treatment must be informed of the patient rights and grievance resolution procedure under HFS 94 prior to or at the time of admission to a treatment program. This notification should be done by a representative of the treatment program and must be done verbally and in writing [see HFS 94.04 (1)].

The rights and grievance procedure under HFS 94 do not apply to a person who is determined, via a court-ordered IDP assessment, to not need substance abuse treatment services and is referred to a traffic safety school.

CENTRAL OFFICE CONTACTS:

For questions about HFS 62:
John W. Vick, Section Supervisor
Program Planning, Evaluation, and Monitoring Section
Bureau of Substance Abuse Services
1 W. Wilson St., PO Box 7851
Madison WI 53707-7851
(608) 266-1987
TTY: (608) 266-7376
E-mail:VickJW@wisconsin.gov

For questions about HFS 94:
Michael A. Peters, Grievance Examiner
Division of Supportive Living
1 W. Wilson St., PO Box 7851
Madison WI 53707-7851
(608) 266-6989
TTY: (608) 266-7376
E-mail:PeterMA@wisconsin.gov

cc:
Assessment Facility Contacts for the Intoxicated Driver Program
Bureau/Office Directors
Client Rights Specialists
Community Services Board Chairpersons
Department of Transportation
Designated Coordinators for the IDP
Direct Services/Regulation Supervisors
Human Services Dept. Board Chairpersons
Members, SCAODA
Regulation Supervisors
Section Chiefs
Traffic Safety School Coordinators
Tribal Chairpersons/Human Service Facilitators
UW Health and Human Issues

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