Wisconsin Legislature: DOC 347.52(4)

(d) Date, time, reason, and name of qualified mental health professional extending the placement.

(e) Date, time, and name of supervisor removing placement.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.50 Use of force.

(1) General provisions.

(a) Physical force may be used as a last resort and in accordance with appropriate statutory authority.

(b) Staff may only use the amount of force reasonably necessary to achieve the objective for which force is used.

(c) Staff shall only use physical force by employing the least restrictive appropriate means and only for the amount of time necessary to bring the situation under control.

(d) Using physical force for punishment, discipline, retaliation, or as a substitute for treatment is prohibited.

(2) Incident reporting.

(a) Any staff member who uses force or witnesses a use of force shall submit a written report describing the incident to their supervisor for review. The report shall include all known relevant facts and be submitted by the end of the shift.

(b) A supervisor shall review and document all use of force incidents.

(d) Facility procedures shall address the role, notification, and follow-up of qualified health care and mental health professionals following use of force incidents.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.51 Use of mechanical restraints.

(1) Youth may never be restrained to a fixed object, unless specifically ordered by a qualified mental health professional to attempt to prevent active self-harm.

(2) Mechanical restraints may only be applied to youth if staff determine that they are the least restrictive means of addressing an imminent threat of physical harm to self or others or damage to property.

(3) Mechanical restraints must be removed immediately upon the youth regaining composure and when the threat of harm or the safety concern has abated.

(4) Mechanical restraints may never be used as punishment.

(5) A youth may be placed in the least restrictive mechanical restraints when leaving the secure perimeter of the facility to prevent harm to youth or staff.

(6) Except under circumstances described in sub. (5), the incident reporting procedure outlined in s. DOC 347.50 (2) shall apply if a youth is mechanically restrained.

(7) A staff person shall be assigned to monitor a youth who is placed in mechanical restraints and shall remain in continuous auditory and visual contact with the youth. Observations of the youth’s behavior and any staff interventions shall be documented at least once every 15 minutes, with the actual time of the observation or intervention recorded.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.52 Fire safety and emergency preparedness.

(1) The facility shall comply with applicable federal, state, and local fire safety codes.

(2) The facility shall have and shall properly maintain self-contained breathing apparatuses and fire extinguishers sufficient to support the need of the facility as determined by the local fire department. The facility shall place the equipment in accordance with the advice of the local fire department.

(3) The facility shall maintain a record of all fire inspections conducted as required under sub. (1).

(4) Staff shall conduct and document monthly fire safety inspections of the facility.

(5) The facility shall have the means to evacuate youth in the event of fire or other emergency.

(6) A written fire evacuation plan shall be developed and maintained in accordance with recommendations from the local fire department. The evacuation routes developed as a part of the evacuation plan shall be posted in a conspicuous place for staff.

(7) Fire drills shall be conducted at least quarterly on each shift and documented.

(8) The facility shall develop and maintain an emergency operation procedure. The procedure shall be readily accessible for staff to reference and include instructions for all of the following:

(a) Major disturbances.

(b) Natural disasters.

(9) First aid kits and other emergency response equipment shall be available in designated areas of the facility. Inventories shall be conducted and documented monthly.

(10) The facility shall have access to an alternate power source to maintain essential services in an emergency. Quarterly tests of the alternate power source shall be conducted and documented.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Subchapter X — Behavior Management

DOC 347.53 Youth conduct.

(1) The facility shall have a system of incentives for positive youth behavior.

(2) The facility shall have written rules of behavior for youth.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.54 Discipline.

(1) At the time of admission, each youth shall be notified of and provided access to the rules of behavior required in the facility and the potential disciplinary actions imposed for violation of the rules. Youths’ receipt of the facility rules shall be documented.

(2) The facility shall have a graduated array of dispositions to address youth rule violations.

(3) Disciplinary action shall be determined on an individual basis. Staff may not use group punishment as a sanction for the negative behavior of an individual youth.

(4) Only staff may administer youth rule violation dispositions.

(5) Staff shall consider whether a youth’s disability, mental illness, special education status, or limited English proficient status contributed to the behavior when assigning consequences for violations of the facility’s rules. Staff should consult with a qualified mental health professional when making that decision.

(6) Staff may restrict a youth’s privileges for a rule violation if all of the following occur:

(a) The youth is given the opportunity to explain the circumstances of the alleged violation. The youth’s statement or refusal shall be documented. A supervisor shall document their review of the rule violation, the youth’s statement, and restriction within 24 hours.

(b) Any restriction shall be directly related to the violation.

(7) Dispositions may not include any of the following:

(a) Room restriction.

(b) Withholding of basic necessities such as food, water, toilet, clothing, sleep, or the use of materials necessary to maintain a basic level of personal hygiene.

(c) Restriction of access to religious worship, attorneys, privileged mail, courts, legislators, and medical and mental health services.

(d) Restriction of exercise.

(e) Corporal, unusual, or humiliating punishment.

(f) Use of mechanical restraints.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.55 Disciplinary procedures.

(1) A staff member who observes a youth committing a rule violation shall inform the youth of the rule that was violated and the disciplinary procedure.

(2) A staff member shall offer the youth the opportunity to provide a statement. Staff shall document the youth’s statement or their refusal to provide a statement.

(3) Staff shall inform the youth that the disciplinary report and statement will be forwarded to the supervisor or designee for review and determination of disposition.

(4) An impartial supervisor or designee shall immediately review the disciplinary report and youth’s statement, render a decision, and notify the youth immediately. If the supervisor finds that no violation occurred, the youth shall be notified that the charge has been dismissed. The supervisor shall document their review.

(5) The youth shall be notified of their right to appeal the supervisor’s decision.

(6) The youth may appeal the decision within 24 hours of receipt of the decision.

(7) The youth shall receive a written decision no later than 24 hours after receipt of an appeal.

(8) The facility shall document information on each rule violation by a youth, each disciplinary action taken by the facility, and each appeal. The documentation shall be maintained in the youth’s record.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.56 Review of behavior management. At least quarterly, the facility shall review the use of behavior management. The review shall include:

(1) Any patterns indicated by similarities in the time of day, day of the week, duration of the use of procedure, individuals involved, or other factors associated with the use of discipline or administrative confinement.

(2) Actions needed to correct identified deficiencies in the facility’s implementation of youth discipline or administrative confinement.

(3) A review of current options available for addressing and supporting behavior management.

(4) The quarterly review shall be documented.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Subchapter XI — Hygiene and Sanitation

DOC 347.57 Hygiene. The facility shall do all of the following:

(1) Permit youth to shower at least once per day.

(2) Provide hygiene and toiletry supplies sufficient for maintenance of cleanliness of the youth including toothpaste, toothbrush, soap and shampoo, shaving materials, comb or hair brush, and feminine hygiene materials.

(3) Provide youth adequate time to conduct appropriate hygiene practices, including opportunities to groom themselves before court appearances and other important events.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.58 Sanitation.

(1) Vermin and pests shall be controlled with an effective, documented program. Containers of poisonous compounds used for exterminating rodents or insects shall be prominently and distinctly labeled for easy identification of contents. Poisonous compounds shall be stored independently and separately from food and kitchenware in a locked area not accessible to youth.

(2) The facility shall provide youth access to cleaning materials daily.

(3) Tables used for common use and meals shall be kept sanitized.

(4) Safety and sanitation inspections of the facility shall be completed and documented at a minimum of once monthly.