Register February 2012 No. 674
Chapter DHS 40
MENTAL HEALTH DAY TREATMENT SERVICES FOR CHILDREN
DHS 40.01   Authority and purpose.
DHS 40.02   Applicability.
DHS 40.03   Definitions.
DHS 40.04   Certification.
DHS 40.05   Waivers.
DHS 40.06   Personnel qualifications.
DHS 40.07   Required personnel and services.
DHS 40.08   Admission.
DHS 40.09   Initial assessment.
DHS 40.10   Treatment plan.
DHS 40.11   Program components.
DHS 40.12   Educational services.
DHS 40.13   Client records.
DHS 40.14   Client rights.
DHS 40.15   Buildings, grounds and equipment.
DHS 40.16   Program evaluation.
Ch. DHS 40 Note Note: Chapter HFS 40 was renumbered to chapter DHS 40 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DHS 40.01 DHS 40.01Authority and purpose.
DHS 40.01(1) (1) This chapter is promulgated under the authority of s. 51.42 (7) (b), Stats., to establish standard definitions, program criteria and patient characteristics for mental health day treatment services for children in support of full and appropriate use of these services and to assure their availability, quality and effectiveness.
DHS 40.01(2) (2) This chapter is not intended to regulate other forms of day services for children such as those operated by alcohol and other drug abuse treatment programs under ch. DHS 75.
DHS 40.01(3) (3) An agency providing mental health day treatment services to children may operate a total program of compatible services designed to serve youth with a variety of treatment needs. If this is the case, this chapter applies only to the mental health day services part of that agency's total program.
DHS 40.01(4) (4) Mental health services certified under this chapter shall be coordinated with other services or programs in which a child and his or her family participate.
DHS 40.01(5) (5) While it is expected that some programs certified under this chapter may provide educational services in addition to mental health services, this chapter applies only to the mental health day services part of those programs. Educational services are to be offered by arrangement with local educational agencies responsible for providing educational services to children participating in the program. Because educational services are regulated by federal and state agencies other than the department, it is the intent of this chapter that the educational and mental health portions of programs be highly coordinated but parallel services. The educational component will be regulated by the Wisconsin department of public instruction and the federal and state statutes and regulations which the department of public instruction enforces. No requirement in this chapter may be read as modifying or limiting in any way the educational rights and obligations of the children in the program, their parents, guardians or legal custodians, or of local educational agencies providing services in cooperation with a mental health day treatment service program certified under this chapter.
DHS 40.01 History History: Cr. Register, August, 1996, No. 488, eff. 9-1-96; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DHS 40.02 DHS 40.02Applicability. This chapter applies to all programs providing mental health day treatment services for children in the state of Wisconsin.
DHS 40.02 History History: Cr. Register, August, 1996, No. 488, eff. 9-1-96.
DHS 40.03 DHS 40.03Definitions. In this chapter:
DHS 40.03(1) (1) “Certification" means approval by the department under this chapter of a mental health day treatment services program for children.
DHS 40.03(2) (2) “Child" means a person under 21 years of age.
DHS 40.03(3) (3) “Client" means a child receiving mental health day treatment services from a program.
DHS 40.03(4) (4) “Community-based program" means a program providing non-residential mental health day services for children in a free-standing facility not affiliated with a school or a hospital.
DHS 40.03(5) (5) “Department" means the Wisconsin department of health services.
DHS 40.03(6) (6) “Direct clinical services" means face to face patient contact.
DHS 40.03(7) (7) “DSM IV" means the Diagnostic and Statistical Manual of Mental Disorders IV (4th edition) published by the American psychiatric association.
DHS 40.03(8) (8) “Full-time client" means a client who is present in the program for 25 or more hours a week.
DHS 40.03(9) (9) “Guardian" means the person or agency appointed by a court under ch. 54, Stats., to have care, custody, and control of a child in place of a parent of the child, or a legal guardian appointed by a court under ch. 48, Stats., when a parent's rights have been terminated.
DHS 40.03(10) (10) “Hospital-based program" means a program providing mental health day treatment services for children in a facility which is a part of or directly affiliated with a hospital as defined in s. 50.33 (2), Stats.
DHS 40.03(11) (11) “Level I services" means services designed to assist clients whose needs are principally derived from conduct disorders or oppositional disorders and are best met by extended participation in a therapeutic milieu of structured services including individual, group and family counseling, educational support or direct academic instruction and recreational therapy.
DHS 40.03(12) (12) “Level II services" means services designed to assist clients whose needs are principally derived from intransigent and severe mental health disorders and are best met by intense, extended psychiatric or psychotherapeutic treatment in combination with a continuum of other individual and family support services.
DHS 40.03(13) (13) “Level III services" means services designed to assist clients whose needs are principally derived from an acute episode of a mental health disorder and are best met by intense, short-term treatment in a psychiatric or psychotherapeutic setting.
DHS 40.03(14) (14) “Local educational agency" means a school district defined in s. 115.01 (3), Stats., a cooperative educational services agency (CESA) established under ch. 116, Stats., or a county handicapped children's education board (CHCEB) established under s. 115.817, Stats.
DHS 40.03(15) (15) “Mental health day treatment services for children" means non-residential care provided on prescription of a physician in a clinically supervised setting that provides case management and an integrated system of individual, family and group counseling or therapy or other services assembled pursuant to an individually prepared plan of treatment that is based upon a multi-disciplinary assessment of the client and his or her family and is designed to alleviate emotional or behavioral problems experienced by the client related to his or her mental illness or severe emotional disturbance.
DHS 40.03(16) (16) “Mental illness" means a medically diagnosable mental health disorder which is severe in degree and which substantially diminishes a child's ability to carry out activities of daily living appropriate for the child's age.
DHS 40.03(17) (17) “Parent" means a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, Stats., a male who is presumed to be the father under s. 891.41, Stats., or has been adjudicated the child's father either under s. 767.89, Stats., or by final order or judgment of a court of competent jurisdiction in another state, or an adoptive parent.
DHS 40.03(18) (18) “Physical restraint" means any manual method such as basket holds or prone or supine containment or a mechanical device that the individual cannot remove easily and which restricts the freedom of movement or normal range of motion of one or more limbs or the entire body, but not including:
DHS 40.03(18)(a) (a) Mechanical supports used to achieve proper body position, balance or alignment, such as arm splints to reduce contractures or leg braces to support the legs while standing or walking. Mechanical supports are used to enhance independent functioning whereas physical restraints are used to limit independent functioning; or
DHS 40.03(18)(b) (b) Physical guidance and prompting techniques of brief duration.
DHS 40.03(19) (19) “Program" means a mental health day treatment service program for children.
DHS 40.03(20) (20) “Psychotherapy" has the meaning prescribed in s. DHS 101.03 (145).
DHS 40.03(21) (21) “Psychotropic medication" means an antipsychotic, an antidepressant, lithium carbonate or a tranquilizer or any other drug used to treat, manage or control psychiatric symptoms or disordered behavior.
DHS 40.03 Note Note: Examples of drugs other than an antipsychotic or antidepressant, lithium carbonate or tranquilizer used to treat, manage or control psychiatric symptoms or disordered behavior include, but are not limited to, carbamazepine (Tegretol), which is typically used for control of seizures but may be used to treat a bi-polar disorder, and propranolol (Inderal), which is typically used to control high blood pressure but may be used to treat explosive behavior or anxiety states.
DHS 40.03(22) (22) “Qualified mental health professional" means a program staff member who meets the experiential and educational qualifications identified in s. DHS 40.06 (4) (a) to (h).
DHS 40.03(23) (23) “School-based program" means a program providing mental health day services for children in a facility operated by a local educational agency, with the local education agency providing space in the program to offer mental health day services to youth in close coordination with the educational program provided by the local educational agency.
DHS 40.03(24) (24) “Severe emotional disturbance" has the meaning prescribed for “severely emotionally disturbed" in s. DHS 107.32 (1) (a) 2.
DHS 40.03 History History: Cr. Register, August, 1996, No. 488, eff. 9-1-96; corrections in (14), (20) and (24) made under s. 13.93 (2m) (b) 7., Stats., Register January 2004 No. 577; corrections in (5), (9), (17), (20) and (24) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.