DHS 40.05(1)(1)
Request. A program may request a waiver or a variance from the department. A request shall be made in writing and include all of the following:
DHS 40.05(1)(b)
(b) The rule provision from which the waiver or variance is requested.
DHS 40.05(1)(c)
(c) The time period for which the waiver or variance is requested.
DHS 40.05(1)(d)
(d) If the request is for a variance, the specific alternative action that the program proposes.
DHS 40.05(1)(e)
(e) The reasons for the request and a supporting justification.
DHS 40.05 Note
Note: An application for a waiver or variance should be addressed to the Behavioral Health Certification Section, Division of Quality Assurance, P.O. Box 2969, Madison, WI 53701-2969 or emailed to
DHSDQAMentalHealthAODA@wisconsin.gov.
DHS 40.05(2)(a)(a) The department may grant a waiver or variance requested by a program, or may impose additional conditions on the proposed waiver or variance, including limiting their duration, or providing that the waiver or variance may be withdrawn for any of the reasons specified in par.
(b) if the department determines all of the following:
DHS 40.05(2)(a)1.
1. The waiver or variance is not likely to adversely affect the health, safety, or welfare of any youth.
DHS 40.05(2)(a)2.
2. The waiver or variance is likely to improve services, or management and operation of the program, or permit piloting of new services.
DHS 40.05(2)(b)
(b) The department may revoke a waiver or variance granted under par.
(a) if any of the following occurs:
DHS 40.05(2)(b)2.
2. The program notifies the department that it wishes to relinquish the waiver or variance.
DHS 40.05(2)(b)4.
4. The department determines the revocation is necessary to protect the health, safety, or welfare of a youth.
DHS 40.05(3)(am)(am) Within 60 days of the receipt of a request for a waiver or variance, the department shall notify the program in writing of its decision to do any of the following:
DHS 40.05(3)(am)3.
3. Grant the waiver or variance with additional conditions imposed by the department.
DHS 40.05(3)(bm)
(bm) If the department denies a request for a waiver or variance, or revokes a waiver or variance, the department shall notify the program in writing of the reason for the denial or revocation.
DHS 40.05 History
History: CR 19-018: cr.
Register June 2020 No. 774, eff. 7-1-20; correction in numbering in (3) made under s.
13.92 (4) (b) 1., Stats.,
Register June 2020 No. 774.
DHS 40.06
DHS 40.06
Coordination with educational services. DHS 40.06(1)(1)
Programs shall make reasonable efforts to provide care coordination by executing memoranda of understanding or other forms of interagency agreement with local educational agencies or other services or programs that provide services to program youth.
DHS 40.06(2)
(2) This chapter does not modify the educational rights and obligations of the youth in the program, any legal representative, or any local educational agency providing services in coordination with a mental health day treatment program certified under this chapter.
DHS 40.06 History
History: CR 19-018: cr.
Register June 2020 No. 774, eff. 7-1-20.
DHS 40.07(1)(1)
Required policies and procedures. A program shall develop and implement written policies and procedures for:
DHS 40.07(1)(d)
(d) Contents and implementation of individualized treatment plans.
DHS 40.07(1)(e)2.
2. Developmentally appropriate and age-appropriate service planning and delivery.
DHS 40.07(1)(fm)
(fm) Policy on telehealth, including when telehealth can be used and by whom, patient privacy and information security considerations, and the right to decline services provided via telehealth.
DHS 40.07(1)(h)
(h) Compliance with Title 2 of the Americans with Disabilities Act of 1990.
DHS 40.07(1)(j)
(j) Crisis prevention and response, including the program's use of support services, seclusion, and physical restraint and the process for obtaining a written authorization from a physician that allows seclusion and physical restraint for a youth prior to utilizing any emergency intervention with that youth.
DHS 40.07(2)
(2)
Involvement in treatment planning for youth. DHS 40.07(2)(a)(a) A program shall provide all of the following to a youth or legal representative upon request:
DHS 40.07(2)(a)3.
3. Admission paperwork that explains the program and forms required for enrollment prior to the admission meeting, and assistance with understanding the paperwork.
DHS 40.07(2)(a)5.
5. Information about fees, payment sources, and how to access any applicable financial resources, and other community resources that are potentially helpful and how to access them.
DHS 40.07(2)(b)
(b) A program shall include the youth or legal representative throughout all parts of the treatment process, including screening, assessment, treatment, and discharge. A program shall make reasonable efforts to include any persons or family members that the youth or legal representative has authorized to participate in treatment or treatment planning. All of the following apply to the program's engagement of the youth or legal representative:
DHS 40.07(2)(b)1.
1. The assessment process shall engage the youth or legal representative to recognize the strengths and needs of the youth, and ensure that the youth or legal representative's perspectives, opinions, and preferences are included as part the treatment plan.
DHS 40.07(2)(b)2.
2. A program shall inform the youth or legal representative of the proposed services and supports within the treatment plan and provide a written copy of the plan.
DHS 40.07(2)(b)3.
3. Transition services shall consider the needs and preferences of the youth or legal representative.
DHS 40.07(2)(c)
(c) To ensure that the proposed services reflect a partnership between the youth or legal representative and program staff, a program shall do all of the following, as available and needed:
DHS 40.07(2)(c)1.
1. Employ, contract, or coordinate for the services of parent peer specialists who can help a youth or legal representative understand the operations of the program and support effective input in the planning and implementation of services.
DHS 40.07(2)(c)2.
2. Establish flexible schedules for meetings and activities so that legal representatives can participate without taking time off from work.
DHS 40.07(2)(c)3.
3. Make arrangements for transportation to the program if possible when legal representatives lack the ability to travel to the program using their own resources.
DHS 40.07(2)(c)4.
4. Adjust program services and activities to accommodate cultural and linguistic preferences and needs.
DHS 40.07(2)(c)5.
5. Use technological resources to encourage participation when in-person meetings are not possible, consistent with requirements to ensure confidentiality of treatment information.
DHS 40.07(3)
(3)
General requirements. In addition to services that are necessary to achieve the treatment objectives identified in each youth's assessment and individual treatment plan, all of the following minimum requirements services shall be provided:
DHS 40.07(3)(a)
(a)
Community-based program. A community-based program shall offer all of the following:
DHS 40.07(3)(a)1.
1. Individual, group and family psychotherapy provided by trained mental health professionals.
DHS 40.07(3)(a)2.
2. A structured therapeutic milieu supervised by a clinical coordinator.
DHS 40.07(3)(a)6.
6. Implementation of transition services designed to support the reintegration of a youth who is completing the program into family, community and school activities and to prevent recurrence of the problems which led to the original placement in the program.
DHS 40.07(3)(b)
(b)
Intensive hospital-based programs. An intensive hospital-based program shall offer minimum required services under par.
(a) and shall increase the hours of direct clinical services under s.
DHS 40.10 (3) (b) and increase the hours of operation under s.
DHS 40.10 (4) (b) to meet the needs of youth who have severe symptomology and need closer supervision.
DHS 40.07(4)
(4)
Support services. Each program shall provide support services that include all of the following:
DHS 40.07(4)(a)
(a) Methods for documenting, measuring, and tracking progress on measurable objectives contained in a youth's treatment plan.
DHS 40.07(4)(b)1.
1. Reducing or eliminating the use of emergency safety interventions.
DHS 40.07(4)(b)2.
2. Teaching and increasing positive replacement behaviors, based on baseline measures at intake.
DHS 40.07(4)(b)3.
3. Building relationships between youth and staff members that promote trust and safety.
DHS 40.07(4)(b)4.
4. Empowering youth to take responsibility for their behavior and regulating their emotions.
DHS 40.07(4)(b)5.
5. Sensory interventions within the treatment milieu to enhance functioning and assist with behavioral challenges.
DHS 40.07(5)
(5)
Voluntary time out. Support services shall be provided to a youth prior to using a voluntary time out. Voluntary time out should be used as a least restrictive measure, prior to involuntary seclusion or physical restraint, unless there is imminent danger due to a youth's aggression to self or others. Voluntary time out shall be encouraged for the shortest time possible and only for the length of time necessary for the youth to de-escalate or regulate his or her emotions. Programs shall encourage voluntary time out for youth who show signs of agitation or anxiety.
DHS 40.07 History
History: CR 19-018: cr.
Register June 2020 No. 774, eff. 7-1-20; correction in (1) (g) made under s.
35.17, Stats.,
Register June 2020 No. 774;
CR 23-053: cr. (1) (fm) Register September 2023 No. 813, eff. 10-1-23. DHS 40.08
DHS 40.08
Emergency safety interventions. DHS 40.08(1)(1)
Prohibited interventions. Mechanical restraints, with the exception of procedures in sub.
(5) (e) and chemical restraints are prohibited.
