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DSL MEMO SERIES 2001-09

June 7, 2001

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

To:
Area Administrators/Assistant Area Administrators
Assessment Facility Contacts for the Intoxicated Driver Program
Bureau Directors
Designated County Coordinators for the Intoxicated Driver Program
County Departments of Community Programs Directors
County Departments of Developmental Disabilities Services Directors
County Departments of Human Services Directors
County Departments of Social Services Directors
Section Chiefs

From:
Sinikka McCabe, Administrator
Division of Supportive Living

Re: Phase Out of Education-Evaluation Programs for Intoxicated Drivers

Document Summary

The Division of Supportive Living is phasing out the use of Ed-Eval programs for intoxicated driver clients in accordance with HFS 62, TRANS 106, and TRANS 107. Effective January 1, 2003, Ed-Eval programs may no longer be used unless a waiver is obtained from the Bureau of Substance Abuse Services.

In December 1999, a county survey was conducted to identify the usage of Education-Evaluation (Ed-Eval) program alternatives for intoxicated drivers. We learned that there are Ed-Eval programs in at least 25 counties having a total of 1,520 referrals each year. After completing a review of administrative rules TRANS 106, TRANS 107, and HFS 62, the Joint Intoxicated Driver Program Advisory Committee has recommended that Ed-Eval programs are not appropriate for driver safety plans since they are not approved treatment or education programs. Therefore, the Division of Supportive Living and the Division of Motor Vehicles are instituting a procedure to phase out the use of Ed-Eval programs for intoxicated driver clients by December 31, 2002. Designated county coordinators for the intoxicated driver program (IDP) should notify Ed-Eval programs of this decision and begin an orderly phase out of the programs. There are two options to replace these programs:

  1. Department of Transportation (DOT) approved education programs
  2. Department of Health and Family Services (DHS ) certified treatment programs

Under the state's intoxicated driver program, education programs are to be DOT-approved programs. This includes Group Dynamics and Multiple Offender Programs operated by the Wisconsin Technical College System. Treatment programs are to be DHS -certified under administrative rule HFS 75. Effective January 1, 2003, driver safety plan recommendations must be either education or treatment, or education and treatment. A more detailed explanation of this policy follows.

According to HFS 62.04, persons with a WAID finding of irresponsible use and two or fewer operating while intoxicated (OWI) violations, shall be referred to DOT-approved education programs (Group Dynamics or Multiple Offender Program) unless there are extenuating circumstances. Persons with a WAID finding of irresponsible use-borderline shall be referred to education programs, treatment programs, or both education and treatment programs. HFS 62.04(4)(d) allows for: "short-term treatment counseling or group participation for clients with a borderline irresponsible use finding supported by assessment criteria." Driver safety plans and programs under HFS 62.04(4)(d) must be treatment programs and are for those clients having treatment needs.

In rare instances where an assessor is unable to confirm or rule out treatment need during the customary IDP assessment, and treatment need is suspected, assessment may be extended by no more than one additional session (at client expense) until treatment need is either confirmed or ruled out. Extending the customary assessment should be an infrequent occurrence, and the client should always be notified ahead of time that an additional session might be necessary at his or her expense.

If there is a lack of availability of DOT-approved education programs in the county, a waiver may be obtained from the State Bureau of Substance Abuse Services to allow for the provision of alternative education programs. In counties that have DOT-approved education programs, the designated IDP coordinator and the traffic safety school coordinator must jointly determine any extenuating factors or circumstances that would permit the use of an alternative to a DOT-approved education program. An allowable exception to this joint determination would include out-of-state referrals for education programs.

Staff in the Bureau of Substance Abuse Services are available to provide technical assistance during this transition. Thank you for your cooperation.

Regional Office Contact:
Area Administrators/Assistant Area Administrators

Central Office Contact:
John W. Vick, Section Supervisor
Program Planning, Evaluation, and Monitoring Section
Bureau of Substance Abuse Services
1 W. Wilson St.
P.O. Box 7851
Madison WI 53707-7851
608-266-1987
E-mail: VickJW@wisconsin.gov

cc
Department of Transportation, Division of Motor Vehicles
Traffic Safety School Coordinators
Tribal Chairpersons/Human Services Facilitators
University of Wisconsin Department of Professional Development and Applied Studies

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