Substance Abuse Treatment Program for Temporary Assistance Recipients

PURPOSE: This rule explains the referral and treatment process for recipients of Temporary Assistance benefits who are required to enter and complete a substance abuse treatment program as a result of 13 CSR 402.420. (1) The Family Support Division shall refer recipients of Temporary Assistance benefits who are determined to have tested positive for the illegal use of a controlled substance under the provisions of section 208.027, RSMo, to an appropriate substance abuse treatment program approved by the Department of Mental Health, as set forth in 13 CSR 40-2.400. (2) Recipients referred to an approved substance abuse treatment program as set forth in these rules shall receive a comprehensive assessment to determine the appropriate level of care and to develop an initial treatment plan. Treatment services shall be delivered in accordance with all rules applicable to certified programs as defined in 9 CSR 30-3.032. (3) Active participation in the substance abuse treatment program by recipients referred as provided in section 208.027, RSMo, shall be demonstrated by— (A) Completion of comprehensive assessment as set forth in section (2); (B) Enrollment in an appropriate substance abuse treatment program; (C) Consent to communication between and among the treatment provider, Family Support Division, and Department of Mental Health personnel about participation and progress in substance abuse treatment; and (D) Participation in the development of an individualized treatment plan and satisfactory progress toward treatment goals. (4) The Department of Mental Health or the treatment provider shall inform the Family Support Division in writing within five (5) days of the following: (A) The date the recipient enters into the substance abuse treatment program; and (B) The date upon which the recipient successfully completed the substance abuse treatment program; and (C) The date the recipient did not successfully complete the substance abuse treatment program. (5) The written notice(s) required in section (4) shall be signed by the treatment provider. The original, signed notice(s) shall be selfauthenticating and shall be admissible into evidence without further foundation at any hearing conducted under 13 CSR 40-2.440. The hearing officer may authorize a substitution of the original with a copy for the record. If the division or the recipient objects to the introduction of the notice(s) into evidence, the party making the objection shall have the burden to establish that the notice(s) is not authentic and should not be admitted into evidence. The recipient or the division may request that the hearing officer issue a subpoena to the treatment provider for examination or cross-examination on the record. AUTHORITY: section 208.027, RSMo Supp. 2012.* Original rule filed June 29, 2012, effective Feb. 28, 2013. *Original authority: 208.027, RSMo 2011.