Administrative Code

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Virginia Administrative Code
Title 24. Transportation And Motor Vehicles
Agency 35. Commission On The Virginia Alcohol Safety Action Program
Chapter 30. Vasap Case Management Policy and Procedure Manual
11/28/2020

24VAC35-30-150. Reporting.

ASAPs shall work with the courts and service providers to establish reports essential to the probationary function of the case manager. Service providers shall utilize the standard report format adopted by the commission and provided by the ASAP.

A. Noncompliance reporting. When the offender has been deemed noncompliant by the case manager, that case manager, within five working days, shall notify in writing the referring court or agency and the offender. In the absence of court direction to the contrary, the offender shall be deemed noncompliant if:

1. The offender does not appear for the initial appointment;

2. The offender receives a subsequent DUI, felony, traffic or any other type of conviction which may be pertinent or relevant to the individual's probationary status;

3. The offender appears at a class, session or appointment while, or immediately after, using alcohol or other drugs;

4. The offender is absent from a class, session or appointment without approval of the case manager;

5. The offender refuses to attend or actively participate in assigned sessions;

6. The offender fails or refuses to pay appropriate fees, unless declared indigent by the court.

B. Absences. Unless otherwise directed by the court, absences from class or sessions shall be excused by the case manager under the following conditions:

1. Death in the immediate family. Immediate family includes spouse, parents (including in-laws), children, guardians and siblings.

2. Medical absence with written statement from a doctor.

3. Any emergency which is either verified or approved by the local case manager, such as a medical absence where there is no written statement from a doctor.

All excused absences shall be approved in advance except where time or circumstances make it impractical. The case manager shall document all offender absences from class or sessions, including specific reasons for the absence. The documentation shall be a part of the offender's case file. ASAPs shall make available a written copy of policies on absences to all contract service providers and offenders.

C. Reports from service providers. ASAPs shall require at least the following reports in the adopted format from service providers:

1. Written notice of receipt of referred offender within five working days of initial contact with offender.

2. A tentative outline of the treatment plan within 15 days of the intake session in those instances where offender was placed in treatment.

3. Written notice within 10 working days of any change in the offender's treatment plan.

4. Verbal notice by the next working day, and written notice within five working days, when the offender is in violation of any section of ASAP's or the service provider's agreement to participate.

5. Upon written request for specific reports to a service provider, the case manager shall receive a written response within 10 days.

6. ASAPs shall require written reports according to the following schedule for each offender:

a. Education - a final report.

b. Intensive education - interim and final report.

c. Treatment - initial treatment plan within 15 days of intake, a progress report within 60 days of intake and every 90 days thereafter, and final report within 15 days of discharge.

These reports shall become a part of the offender's case file; other reports may be included.

D. Reports to service provider. The local ASAP shall submit at least the following reports to service providers:

1. Written notice of referral.

2. Summary of offender's alcohol or other drug history to service provider.

3. Written notice of all terminations for noncompliance, transfer and, when excused, absence prior to next scheduled class.

In the event of a written request for offender information from a service provider, the case manager shall respond in writing within 10 days of request.

E. Progress and final reports. Progress and final reports shall be submitted by the case manager in keeping with the following:

1. As directed by the court or referring agency, a progress report shall be furnished within five working days.

2. Final reports for court shall be due according to court requirements and specifications. Copies of court or final reports submitted on each offender shall be placed in the appropriate offender's case file for retention according to the approved Records Management Plan.

F. Improper service provider activity. Case managers shall make a written report to the ASAP director within two working days of any improper activity regarding the service provider. Improper activity shall include reports which do not conform to the agreed format and required time schedule.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-03 § 2.13, eff. September 13, 1989; amended, Volume 07, Issue 09, eff. February 28, 1991.

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