Register December 2006 No. 612
TYPE 2 CHILD CARING INSTITUTIONS
DOC 394.01   Authority and purpose.
DOC 394.04   Designation as a type 2 CCI.
DOC 394.05   Maintaining designation.
DOC 394.06   Violation of designation requirements.
DOC 394.07   Notification to youth.
DOC 394.01 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 394.02 DOC 394.02 Applicability. This chapter applies to the department, county departments, CCIs and to youth placed under the county supervision by a court under s. 938.34 (4d), Stats.
DOC 394.02 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 394.03 DOC 394.03 Definitions. In this chapter:
DOC 394.03(1) (1) "Administrator" means the administrator of the division of juvenile corrections or that person's designee.
DOC 394.03(2) (2) "Bodily injury" means physical pain or injury, illness or any impairment of physical condition.
DOC 394.03(3) (3) "Corporal punishment" means the intentional infliction of physical pain as a means of discipline.
DOC 394.03(4) (4) "County agent" means a person, or that person's designee, employed by the county, who provides community supervision for a youth and who is authorized to make decisions regarding community supervision matters.
DOC 394.03(5) (5) "Day" means a calendar day.
DOC 394.03(6) (6) "Department" means the department of corrections.
DOC 394.03(7) (7) "Force" means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of mechanical restraints or physical force.
DOC 394.03(10) (10) "Staff" means the employees of a child caring institution that is designated by the department as a type 2 CCI.
DOC 394.03(14) (14) "Type 2 status" means the status of a youth who is placed by a court in a type 2 CCI, or who, having been so placed, is placed in a less restrictive placement under s. 938.357 (4) (c) 2., Stats., is under the supervision and control of the county department, is subject to the rules and discipline of the county department and is considered to be in custody, as defined in s. 946.42 (1) (a), Stats.
DOC 394.03(15) (15) "Youth" means a person under the supervision of a county department under s. 938.34 (4d), Stats.
DOC 394.03 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 394.04 DOC 394.04 Designation as a type 2 CCI. To be designated by the department as a type 2 CCI, a CCI shall apply to the department for designation as a type 2 CCI by meeting the following requirements:
DOC 394.04(1) (1) Agree to abide by the provisions of this chapter and type 2 CCI policies and procedures that the facility agrees to by contract with the department or a county department.
DOC 394.04(2) (2) Obtain approval of the department of health and family services to operate a CCI and a type 2 CCI and abide by the rules, policies and procedures of the department of health and family services.
DOC 394.04(3) (3) Require staff who are authorized to use physical force and mechanical restraints on a type 2 status youth to complete a training program and periodic retraining approved by the department. Training shall include incident prevention and de-escalation and the safe and correct use of physical and mechanical restraints. Evidence of successful completion of training shall be retained in staff personnel files.
DOC 394.04(4) (4) Develop and maintain policies and procedures specific to type 2 status youth as required by the department and the department of health and family services, including policies and procedures for notifying type 2 status youth under s. DOC 394.07.
DOC 394.04 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 394.05 DOC 394.05 Maintaining designation. To maintain designation by the department as a type 2 CCI, a CCI shall continue to meet the requirements of s. DOC 394.04.
DOC 394.06(2) (2) If the department of health and family services withdraws its approval for the operation of a CCI or its approval to operate a type 2 CCI, the department shall withdraw the CCIs type 2 CCI designation.
DOC 394.06(3) (3) If a type 2 CCI violates a provision of this chapter or a contract provision under s. DOC 394.04 (1), the department may take one or more of the following actions:
DOC 394.06(3)(a) (a) Send the type 2 CCI a written notice of the violation and require the type 2 CCI to correct the violation within a specified period of time.
DOC 394.06 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (3) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.
DOC 394.07 DOC 394.07Notification to youth.
DOC 394.07(1)(b) (b) The definition of escape and the possible consequences of escape, including placement in a type 1 secured correctional facility for up to 10 days without a hearing.
DOC 394.07(2) (2)Acknowledgment. A type 2 CCI shall have a youth acknowledge in writing that he or she has been notified of the items in sub. (1) and understands the notification. A copy of the acknowledgment, or if the youth refuses to acknowledge, a report of the notification, shall be placed in the youth's file.
DOC 394.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 394.08(1)(1) Definition. A youth placed in a type 2 CCI who has physically left the grounds of the facility, or a youth in that placement who is subsequently placed in a less restrictive placement under s. 938.357 (4) (c) 2., Stats., shall be considered to have escaped if the youth is absent without permission from or leaves one or more of the following placements or scheduled activities without permission:
DOC 394.08(1)(a) (a) The youth's residence or other assigned placement.
DOC 394.08(1)(b) (b) A scheduled school classroom or training site.
DOC 394.08(1)(c) (c) A scheduled work site.
DOC 394.08(1)(d) (d) An assigned report center or other department office.
DOC 394.08(1)(f) (f) Any other place to which the youth has been assigned, including an approved home visit.
DOC 394.08(3) (3)Law enforcement. When staff reasonably believe that a type 2 status youth placed in a type 2 CCI has escaped, staff shall immediately contact law enforcement authorities to request apprehension.
DOC 394.08(4) (4)Apprehension. Staff approved by the department under s. 938.08 (3) (a), Stats., may take a youth who has escaped into physical custody.
DOC 394.08(5) (5)County. A type 2 CCI shall promptly notify a county agent from the supervising county whenever a type 2 status youth under the supervision of the county escapes.
DOC 394.08(6) (6)Referral for escape. A youth who escapes under this section is subject to the penalties under s. 946.42 (3) (c), Stats., and may be referred by a county department to a district attorney for consideration of charges regarding the escape.
DOC 394.09 DOC 394.09 Use of physical force.
DOC 394.09(1) (1) Escape. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to use force to apprehend a type 2 status youth who has escaped. When it is not practical to use law enforcement, trained staff may use physical force in accordance with this section only if it is immediately necessary to stop a youth in the act of escaping or to take a youth who has escaped into physical custody.
DOC 394.09(3)(c) (c) If a youth refuses to voluntarily comply, one or more trained staff may firmly grasp the youth.
DOC 394.09(3)(d) (d) Trained staff shall restrain a youth as necessary for the protection of the youth or others or to transport the youth.
DOC 394.09(4) (4)Follow-up after the use of force.
DOC 394.10(2) (2)Reasons for using mechanical restraints. Mechanical restraints may be used for any of the following purposes:
DOC 394.10(3) (3)Limitations on use. Mechanical restraints may not be used in any of the following ways:
DOC 394.10(3)(d) (d) To secure a youth to a motor vehicle.
DOC 394.10(4)(c) (c) Services and privileges. A type 2 status youth shall be released from mechanical restraints to perform bodily functions and for meals, unless it is unsafe to do so. When it is unsafe to release a youth from restraints, a person shall feed the youth and a person of the same gender shall assist the youth to perform necessary bodily functions.
DOC 394.10(4)(d) (d) Check for injury. When staff use mechanical restraints, the type 2 status youth shall be checked for injury as soon as the restraints are removed. If the youth has been injured, staff shall immediately seek appropriate medical treatment for the youth. A supervisor shall be notified immediately of any injury to a youth.
DOC 394.10(4)(e)1. 1. The youth's full name, date, time and place the youth was placed in mechanical restraints.
DOC 394.10(4)(e)2. 2. The name of staff who placed the youth in restraints.
DOC 394.10(4)(e)3. 3. All relevant facts related to the incident that required the use of restraints.
DOC 394.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
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Published under authority of s. 35.93, Stats. Updated on the first day of each month. Entire code is alwaycurrent. The date shown on each chapter is the date the chapter was last published.