In by ombudsman

An inmate contacted the Ombudsman to complain that the Department of Correction’s contractor was using an unqualified individual to conduct substance use disorder assessments. The complainant alleged the contractor’s employee also inappropriately shared information obtained from this assessment with other agency staff. Ombudsman investigation revealed that the contract employee did not meet the minimum qualifications to serve as the institutional program coordinator at the institution. However, the individual was only serving as “acting coordinator” while pursuing the requisite certification, which was within DOC’s discretion to approve. Further, the contractor was taking action to ensure that the individual was provided adequate supervision and oversight while in “acting” status. The Ombudsman reviewed federal regulations and concluded that, based on DOC’s description of their administrative authority over the operations of the contractor, no written consent was required from the inmate before sharing the results of the assessment with DOC staff. And although the complainant did not initially provide written consent prior to the coordinator conducting the assessment, the complainant provided it approximately one month after the assessment was completed and signed a program contract to participate in the Residential Substance Abuse Treatment program offered at the institution. (J2016-0151)