49.162 Substance abuse screening and testing for certain work experience programs.

972 words·~4 min read·/wi/chapter-49/49-162

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In this section:

(a)“Administering agency” means the department or an agency with which the department contracts to administer a program.

(b)“Controlled substance” has the meaning given in s. 961.01

(4).

(bg)“Controlled substance abuse screening” means a questionnaire, a criminal background check, or any other controlled substance abuse screening mechanism identified by the department by rule.

(bm)“Dependent child” has the meaning given in s. 49.141

(c).

(br)“Group member” means an adult member of an individual’s Wisconsin Works group whose income or assets are included in determining the individual’s eligibility for a program.

(c)“Program” means any of the following:

1. Services and benefits under s. 49.159

(b).

2. The Transform Milwaukee Jobs program or the Transitional Jobs program under s. 49.163 .

3. A work experience and job training program under s. 49.36 .

4. A Wisconsin Works employment position.

4m. The Hire Heroes program under s. 106.38 .

(e)“Wisconsin Works” has the meaning given in s. 49.141

(p).

(f)“Wisconsin Works employment position” has the meaning given in s. 49.141

(r).

(g)“Wisconsin Works group” has the meaning given in s. 49.141

(s).

(a)Except as provided in sub.

(2m), in order to participate in a program, an individual who applies to participate in a program or who registers for a program under sub.

(c)4. , all of the individual’s group members shall complete controlled substance abuse screening. If, on the basis of the screening results, the administering agency determines that there is a reasonable suspicion that an individual who is otherwise eligible for a program or any of the individual’s group members is abusing a controlled substance, the administering agency shall require the individual or group member to undergo a test for the use of a controlled substance.

(b)Except as provided in sub.

(4m), if the individual or group member refuses to submit to a test under par.

(a), the individual is not eligible to participate in a program until the individual or group member complies with the requirement to undergo a test for the use of a controlled substance.

(a)The screening and testing requirements under sub.

(2)do not apply to an individual if the individual is any of the following:

1. A custodial parent of a child who is 8 weeks old or less.

2. A woman who is in a pregnancy that is medically verified and that is shown by medical documentation to be at risk.

3. A participant in a Wisconsin Works employment position who moves to an unsubsidized employment position and receives case management services under s. 49.1475 .

4. A dependent child.

(b)The screening and testing requirements under sub.

(2)do not apply to a group member if the group member is any of the following:

1. A custodial parent of a child who is 8 weeks old or less.

2. A woman who is in a pregnancy that is medically verified and that is shown by medical documentation to be at risk.

3. Specified as exempt from the screening and testing requirements by department rule.

(3)If an individual or group member who undergoes a test under sub.

(2)tests negative for the use of a controlled substance, or tests positive for the use of a controlled substance but presents evidence satisfactory to the administering agency that the individual or group member possesses a valid prescription for each controlled substance for which the individual or group member tests positive, the individual or group member will have satisfactorily completed the substance abuse testing requirements under this section.

(a)If an individual or group member who undergoes a test under sub.

(2)tests positive for the use of a controlled substance without presenting evidence of a valid prescription as described in sub.

(3), the administering agency shall require the individual or group member to participate in substance abuse treatment to remain eligible to participate in a program. If the individual or group member refuses to participate in substance abuse treatment, the individual is not eligible to participate in a program until the individual or group member complies with the requirement to participate in substance abuse treatment.

(b)During the time that an individual or group member is receiving substance abuse treatment under par.

(a), the administering agency shall require the individual or group member to undergo random testing for the use of a controlled substance. Except as provided in sub.

(4m), for the individual to remain eligible for a program, the individual or his or her group member must cooperate with the testing and the results of the tests must be negative or, if any results are positive, the individual or group member must present evidence of a valid prescription as described in sub.

(3). If the results of any test during treatment are positive for the use of a controlled substance and the individual or group member does not present evidence of a valid prescription for the controlled substance, the individual or group member shall have the opportunity to begin the treatment again one time, as determined by the administering agency. Except as provided in sub.

(4m), if the individual or group member begins the substance abuse treatment again, the individual remains eligible for a program as long as the results of all tests for the use of a controlled substance during the subsequent treatment are negative for the use of a controlled substance or, if any results are positive, the individual or group member presents evidence of a valid prescription for the controlled substance.