Jared Hoy
P.O. Box 7925
Madison, WI 53707
Text Of Permanent Rule
Section 1: Chapter DOC 347 is created to read: SECURED RESIDENTIAL CARE CENTERS FOR CHILDREN AND YOUTH
Subchapter I – General Provisions
DOC 347.01 Purpose. The purpose of this chapter is to:
(1) Establish minimum standards for the approval, design, construction, repair, maintenance, and operation of secured residential care centers for children and youth.
(2) Establish minimum standards for services, programming, and uniform data reporting requirements for counties or Indian tribes that operate or contract with a child welfare agency to operate a secured residential care center for children and youth.
DOC 347.03 Applicability. The provisions of this chapter apply to secured residential care centers for children and youth.
DOC 347.04 Definitions. In this chapter:
(1) “Administrative confinement” means an involuntary non-punitive confinement of a youth because the youth’s behavior presents a danger to others or poses a serious risk to facility security, including but not limited to escape, risk, or disturbance.
(2) “Assessment” means a process for identifying the risks, needs, and protective factors of youth by using an objective and validated assessment tool.
(3) “Body cavity search” means a manual inspection of the anal or vaginal cavity of a youth conducted by means of any instrument, apparatus, finger, or object.
(4) “Classification” means a process for determining the needs and requirements of those for whom confinement has been ordered and for assigning them to living units and programs according to their needs and existing resources.
(5) “Dayroom” means an area contiguous to each living unit that is usable and accessible by youth and designed and used for leisure activities but not for sleeping purposes.
(6) “Department” means the department of corrections.
(7) “Detention strength” means strong enough to resist damage youth could inflict and to maintain safety and security and prevent youth from harming themselves and others.
(8) “Direct supervision” means a method of youth management that ensures continuing direct contact between youth and staff by posting staff inside each living unit and other areas where youth are present.
(9) “Dormitory” means a room used for sleeping purposes and designed for occupancy by 3 or more persons.
(10) “Force” means intentional physical contact between staff and youth to overcome resistance or to compel youth to act or to refrain from acting in a particular way.
(11) “Health care assessment” means a process whereby an individual’s health status is evaluated by a qualified health care professional through a physical examination, including questioning the patient about symptoms.
(12) “Holding room” means a secure room designed for holding one or more youth of the same gender for the purpose of processing admissions, releases, investigations, or court appearances, not to exceed 4 hours.
(13) “Informed consent” means the agreement of the youth to undergo a treatment, examination, or procedure after the youth understands the material facts about the treatment, examination, or procedure; its consequences and risks; the alternatives; and the prognosis if it is not undertaken.
(14) “Mechanical restraint” means any device attached to a youth’s body that restricts freedom of movement or normal access to the youth’s body.
(15) “Multipurpose room" means an activity area designed and used for programming and services. ”Multipurpose room” does not include a sleeping room, dayroom, dormitory, classroom, visiting space, or recreation space.
(16) “Natural light” means direct or indirect illumination as provided by the sun or daylight.
(17) “Pat down search” means an inspection by running the hands over the clothed body of a youth by a staff member to determine whether the youth possesses contraband.
(18) “Privileged mail” means any written communication between a youth and an attorney.
(19) “Qualified health care professional” means a physician, physician assistant, nurse, nurse practitioner, dentist, mental health professional, and others who by virtue of their education, credentials, and experience are permitted by law to evaluate and care for patients.
(20) “Qualified mental health professional” means a psychiatrist, psychologist, psychiatric social worker, psychiatric nurse, and others who by virtue of their education, credentials, and experience are permitted by law to evaluate and care for the mental health needs of patients.
(21) “Quiet space” means a specialized area designed for youth to provide sensory stimulation that helps facilitate relaxation and develop self-regulation routine to cope with stressful situations.
(22) “Receiving room” means a secure room designed and used as a sleeping room for one youth during admission, release, observation, or investigatory purposes, not to exceed 72 continuous hours.
(23) “Recreation space” means a room or an area in a facility that is dedicated for youth exercise and recreation.
(24) “Sally port” means a secure, controlled entryway to a facility.
(25) “Secure perimeter” means the secure outer boundaries of a secured residential care center for children and youth.
(26) “Secured residential care center for children and youth” or “facility” has the meaning given in s. 938.02 (15g), Stats. (27) “Security staff” means staff who are responsible for providing direct supervision of and interacting with youth in living units, recreational areas, dining areas, and other program areas of the facility.
(28) “Sleeping room” means a room designed and used as a sleeping room for one youth confined in a facility except when the facility meets the conditions for double occupancy under s. DOC 347.10 (3) (b). (29) “Social supporters” includes parents or guardians, foster parents, legal custodians, siblings, other family members, the parent of a youth’s child, the youth’s child, mentors, community-based service providers, educators, clergy members, and other caring and supportive individuals who are a reliable presence for the youth.
(30) “Strip search" means a search, as defined under s. 968.255 (1) (b), Stats. (31) “Trauma-informed care” means a system that realizes the widespread impact of trauma and understands potential paths for recovery; recognizes the signs and symptoms of trauma in youth, social supporters, staff and others involved with the system; and responds by fully integrating knowledge about trauma into policies, procedures and practices; and seeks to actively resist re-traumatization.
(32) “Unencumbered space” means usable floor space that is not obstructed by furnishings or fixtures.
(33) “Youth” means any individual placed or transferred to a secured residential care center for children and youth under the provisions of s. 301.08 or ch. 938, Stats. DOC 347.05 Variance.
(1) The department may grant a variance to a requirement found in this chapter, except that no variance may be granted for any requirement to the provisions of s. DOC 347.10 (3) (b), or requirements specifically imposed by Wisconsin Statutes or federal law or regulation. (2) In order to obtain a variance, a county, tribe, or child welfare agency that operates or intends to operate a facility shall demonstrate in writing that the variance provides equivalent or better protection for the health, safety, rights, and welfare of youth or the public.
(3) The department may impose specific conditions including reasonable time limits on a variance in order to protect the health, safety, rights, and welfare of youth and the public.
(4) Violation of any condition of a variance by the facility constitutes a violation of this chapter. Upon finding that there has been a violation of a condition of a variance, the department may revoke the variance and require strict enforcement of the rule.
(5) Any variance granted does not set a precedent.
DOC 347.06 Records and reporting.
(1) Register of youth. Each facility shall keep a register of all youth. The register shall contain identifying information on each youth including name, residence, age, sex, race, court order, time and cause of placement, placing authority, and time of release and releasing authority.
(2) Storage of records. Records shall be kept in a secure location and maintained in a confidential manner in accordance with s. 938.396, Stats., and any other applicable federal or state law. (3) Reporting requirements. The facility shall notify the department's regional detention facilities specialist within 48 hours after any of the following events occur:
(a) A youth dies.
(b) A youth is admitted to a hospital.
(c) A youth receives off-site medical attention due to an assault or use of force.
(d) A staff member is admitted to the hospital due to an injury caused by youth assault or use of force.
(e) A youth escapes or attempts to escape from secure custody.
(f) There is significant damage to the facility affecting the safety or security of the facility.
(4) Department requests. The facility shall promptly furnish to the department all requested information.
DOC 347.07 Data reporting. The facility shall enter data into a uniform data collection system, as determined by the department, that can be accessed by authorized juvenile justice officials in order to monitor facility compliance with all applicable regulations and assess facility performance in successfully rehabilitating youth.
DOC 347.08 Operational plan.
(1) Before a facility may accept youth, the facility shall develop a written operational plan that has been approved by the department under s. 938.22 (2) (a), Stats. The facility may not implement any plan until the department has approved the plan. (2) The operational plan shall contain policies and procedures for the operation of the facility. The policies and procedures shall include the standards set forth in ss. DOC 347.06, 347.13, 347.16, 347.19, 347.20, 347.21, 347.22, 347.23, 347.25, 347.26, 347.27, 347.28, 347.29, 347.30, 347.32, 347.33, 347.34, 347.35, 347.36, 347.38, 347.39, 347.41, 347.44, 347.45, 347.47, 347.48, 347.49, 347.50, 347.51, 347.52, 347.53, 347.54, 347.55, 347.57, and 347.58. (3) The operational plan shall comply with the standards specified in this chapter.
(4) The facility shall implement the operational plan consistent with the requirements of this chapter.
Subchapter II – Facility and Physical Environment
DOC 347.09 Construction plans.
(1) An entity that intends to build or remodel a facility shall file a letter of intent with the department before design development begins.
(2) An entity shall provide copies of original and updated drawings of the area within the secure perimeter of the facility to the department.
(3) All sites, plans, and specifications for construction or remodeling of a facility shall comply with the Wisconsin Commercial Building Code under chs. SPS 361 to 366. (4) Prior to publication of bid documents, one complete set of plans and specifications shall be forwarded to the department for review and approval.
(5) Any proposed changes to the approved plans must be submitted to the department for review and approval.
DOC 347.10 Physical environment.
(1) Trauma-informed. Trauma-informed principles shall be considered in the physical environment of the facility.
