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Driving Under the Influence Program
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Forms Questions
Click on a question below to reveal or hide its answer.
- Q.
- What is a Memorandum of Understanding (MOU), when do we complete one, and why do we need one?
- A.
- Kentucky Administrative Regulation 908, Section 1 states: "Memorandum of understanding" means a written agreement between two (2) programs that outlines the duties and responsibilities of a program regarding a client referral that remains in effect until one (1) of the programs terminates the agreement in writing."
908 KAR 1:310 Section 6(2)(b)1 and 2 require a certified DUI program to have a written Memorandum of Understanding (MOU) with all instate and out-of-state programs, with which it will make or receive client referrals. The MOU must include the name of both programs, the date it is executed, the duties and responsibilities of each program including the requirements for case coordination contacts between the programs, the purpose of the agreement, the terms for termination of the agreement and the signature of each program’s program administrator.
An MOU ensures that programs attempting to establish an ongoing relationship will have a complete understanding of the objectives of each program and the expectations that each program has about the obligations of the other, and it confirms how communications between the programs will be handled.
For programs delivering services to clients convicted of DUI, it is critical to identify who will make certain decisions and what kind of information will be reported. For example, what action will a program that accepts a client referral take when a client relapses or is noncompliant? How detailed and how frequent should a program's contacts and reports be? Matters such as these should be resolved and agreed upon up front between the programs to avoid problems later.
An MOU must be drafted to set forth the responsibilities agreed upon by each program at the time a program makes its first referral to another program. This agreement remains in effect until one of the programs terminates the agreement in writing. It is not necessary for a program to execute an MOU each time a client is referred. You can find the MOU on our forms page (see Related Links). - Q.
- Could the courts to do a better job of making sure that each convicted DUI offender has copies of his or her Uniform Citation and the Notice to Attend for his or her assessment?
- A.
- Administrative regulation 908 KAR 1:310 Section 6(2)(a)2 states: "Before accepting a client for an assessment, a program shall: a. Obtain an AOC 494 form or a court order; or b. Document the client's file to show the reason one (1) of these forms could not be obtained." This standard addresses the need for obtaining documentation from the court before accepting a client for an assessment.
The completion of an alcohol or other drug program is part of a defendant's sentence, and paperwork from the court is necessary to document a program's authority for delivering services to a client. If the court in your area does not provide these forms to your program then the Division of Behavioral Health (DBH) suggests that you contact the circuit court clerk in your county and explain the importance of your program receiving these documents. Suggesting to the clerk that you are willing to help with this process would certainly be recommended by DBH. Ultimately, the responsibility for having the required paperwork prior to assessment lies with the agency. - Q.
- Must the client be informed of the total cost of DUI services prior to enrollment?
- A.
- KRS 189A makes no reference to notifying defendants of total costs for DUI services prior to enrollment. The language in the statue related to the need for a client "to pay the amount specified by the court" has been interpreted to apply in cases of indigency only.
A defendant is required to complete the program ordered by the court and this includes paying the fees established by the selected program. However, administrative regulation 908 KAR 1:310 Section 3(8) specifically addresses notifying clients of fees prior to the delivery of services with the following language:
(b) The fee schedule published in the DUI directory shall be posted in a public area of each facility visible to a client.
(d) A program shall explain the program's fee and payment requirements to the client at the time of his assessment or upon enrollment in education or admission to treatment, if the client is referred to another program after receiving an assessment.
(e) A program shall not charge a client a fee unless the client has signed a fee agreement.
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