DHS 34.22 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-96; correction in (3) (c) 4. made under s. 13.93 (2m) (b) 7., Stats., Register October 2004 No. 586; correction in (1) (a) 6. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 23-053: am. (1) (a) 8. a., (3) (b) (intro.), cr. (3) (b) 4., am. (3) (c) 3., cr. (3) (c) 5., am. (5) Register September 2023 No. 813, eff. 10-1-23.
DHS 34.23 DHS 34.23 Assessment and response.
DHS 34.23(1)(1)Eligibility for services. To receive emergency mental health services, a person shall be in a mental health crisis or be in a situation which is likely to develop into a crisis if supports are not provided.
DHS 34.23(2) (2)Written policies. A program shall have written policies which describe all of the following:
DHS 34.23(2)(a) (a) The procedures to be followed when assessing the needs of a person who requests or is referred to the program for emergency mental health services and for planning and implementing an appropriate response based on the assessment.
DHS 34.23(2)(b) (b) Adjustments to the general procedures which will be followed when a person referred for services has a sensory, cognitive, physical or communicative impairment which requires an adaptation or accommodation in conducting the assessment or delivering services or when a person's language or form of communication is one in which staff of the program are not fluent.
DHS 34.23(2)(c) (c) The type of information to be obtained from or about a person seeking services.
DHS 34.23(2)(d) (d) Criteria for deciding when emergency mental health services are needed and for determining the type of service to be provided.
DHS 34.23(2)(e) (e) Procedures to be followed for referral to other programs when a decision is made that a person's condition does not constitute an actual or imminent mental health crisis.
DHS 34.23(2)(f) (f) Procedures for obtaining immediate backup or a more thorough evaluation when the staff person or persons making the initial contact require additional assistance.
DHS 34.23(2)(g) (g) Procedures for coordinating referrals, for providing and receiving backup and for exchanging information with other mental health service providers in the county, including the development of crisis plans for individuals who are at high risk for crisis.
DHS 34.23(2)(h) (h) Criteria for deciding when the situation requires a face-to-face response, the use of mobile crisis services, stabilization services, if available, or hospitalization.
DHS 34.23(2)(i) (i) Criteria and procedures for notifying other persons, such as family members and people with whom the person is living, that he or she may be at risk of harming himself or herself or others.
DHS 34.23(2)(j) (j) If the program dispenses psychotropic medication, procedures governing the prescription and administration of medications to clients and for monitoring the response of clients to their medications.
DHS 34.23(2)(k) (k) Procedures for reporting deaths of clients which appear to be the result of suicide, reaction to psychotropic medications or the use of physical restraints or seclusion, as required by s. 51.64 (2), Stats., and for:
DHS 34.23(2)(k)1. 1. Supporting and debriefing family members, staff and other concerned persons who have been affected by the death of a client.
DHS 34.23(2)(k)2. 2. Conducting a clinical review of the death which includes getting the views of a mental health professional not directly involved in the individual's treatment who has the training and experience necessary to adequately examine the specific circumstances surrounding the death.
DHS 34.23(3) (3)Initial contact. During an initial contact with an individual who may be experiencing a mental health crisis, staff of the program shall gather sufficient information, as appropriate and possible given the nature of the contact, to assess the individual's need for emergency mental health services and to prepare and implement a response plan, including but not limited to any available information regarding:
DHS 34.23(3)(a) (a) The individual's location.
DHS 34.23(3)(b) (b) The circumstances resulting in the contact with the program, any events that may have led up to the contact, the apparent severity of the immediate problem and the potential for harm to self or others.
DHS 34.23(3)(c) (c) The primary concerns of the individual or a person making the initial contact on behalf of the individual.
DHS 34.23(3)(d) (d) The individual's current mental status and physical condition, any over-the-counter, prescription or illicit drugs the individual may have taken, prior incidents of drug reaction or suicidal behavior and any history of the individual's abuse of alcohol or other drugs.
DHS 34.23(3)(e) (e) If the individual is threatening to harm self or others, the specificity and apparent lethality of the threat and the availability of the means to carry out the threat, including the individual's access to any weapon or other object which may be used for doing harm.
DHS 34.23(3)(f) (f) If the individual appears to have been using alcohol or over-the-counter, prescription or illicit drugs, the nature and amount of the substance ingested.
DHS 34.23(3)(g) (g) The names of any people who are or who might be available to support the individual, such as friends, family members or current or past mental health service providers.
DHS 34.23(4) (4)Determination of need.
DHS 34.23(4)(a) (a) Based on an assessment of the information available after an initial contact, staff of the program shall determine whether the individual is in need of emergency mental health services and shall prepare and implement any necessary response.
DHS 34.23(4)(b) (b) If the person is not in need of emergency mental health services, but could benefit from other types of assistance, staff shall, if possible, refer the person to other appropriate service providers in the community.
DHS 34.23(5) (5)Response plan.
DHS 34.23(5)(a) (a) If the person is in need of emergency mental health services, staff of the program shall prepare and initiate a response plan consisting of services and referrals necessary to reduce or eliminate the person's immediate distress, de-escalate the present crisis, and help the person return to a safe and more stable level of functioning.
DHS 34.23(5)(b) (b) The response plan shall be approved as medically necessary by a mental health professional qualified under s. DHS 34.21 (3) (b) 1. or 2. either before services are delivered or within 5 days after delivery of services, not including Saturdays, Sundays or legal holidays.
DHS 34.23(6) (6)Linkage and follow up.
DHS 34.23(6)(a) (a) After a response plan has been implemented and the person has returned to a more stable level of functioning, staff of the program shall determine whether any follow-up contacts by program staff or linkages with other providers in the community are necessary to help the person maintain stable functioning.
DHS 34.23(6)(b) (b) If ongoing support is needed, the program shall provide follow-up contacts until the person has begun to receive assistance from an ongoing service provider, unless the person does not consent to further services.
DHS 34.23(6)(c) (c) Follow-up and linkage services may include but are not limited to all of the following:
DHS 34.23(6)(c)1. 1. Contacting the person's ongoing mental health providers or case manager, if any, to coordinate information and services related to the person's care and support.
DHS 34.23(6)(c)2. 2. If a person has been receiving services primarily related to the abuse of alcohol or other drugs or to address needs resulting from the person's developmental disability, or if the person appears to have needs in either or both of these areas, contacting a service provider in the area of related need in order to coordinate information and service delivery for the person.
DHS 34.23(6)(c)3. 3. Conferring with family members or other persons providing support for the person to determine if the response and follow-up are meeting the client's needs.
DHS 34.23(6)(c)4. 4. Developing a new crisis plan under sub. (7) or revising an existing plan to better meet the person's needs based on what has been learned during the mental health crisis.
DHS 34.23(7) (7)Crisis plan.
DHS 34.23(7)(a) (a) The program shall prepare a crisis plan for a person who is found to be at high risk for a recurrent mental health crisis under the criteria established in the coordinated community services plan under s. DHS 34.22 (1) (a) 7.
DHS 34.23(7)(b) (b) The crisis plan shall include whenever possible all of the following:
DHS 34.23(7)(b)1. 1. The name, address and phone number of the case manager, if any, coordinating services for the person.
DHS 34.23(7)(b)2. 2. The address and phone number where the person currently lives, and the names of other individuals with whom the person is living.
DHS 34.23(7)(b)3. 3. The usual work, school or activity schedule followed by the person.
DHS 34.23(7)(b)4. 4. A description of the person's strengths and needs, and important people or things in the person's life which may help staff to develop a rapport with the person in a crisis and to fashion an appropriate response.
DHS 34.23(7)(b)5. 5. The names and addresses of the person's medical and mental health service providers.
DHS 34.23(7)(b)6. 6. Regularly updated information about previous emergency mental health services provided to the person.
DHS 34.23(7)(b)7. 7. The diagnostic label which is being used to guide treatment for the person, any medications the person is receiving and the physician prescribing them.
DHS 34.23(7)(b)8. 8. Specific concerns that the person or the people providing support and care for the person may have about situations in which it is possible or likely that the person would experience a crisis.
DHS 34.23(7)(b)9. 9. A description of the strategies which should be considered by program staff in helping to relieve the person's distress, de-escalate inappropriate behaviors or respond to situations in which the person or others are placed at risk.
DHS 34.23(7)(b)10. 10. A list of individuals who may be able to assist the person in the event of a mental health crisis.
DHS 34.23(7)(c) (c) A person's crisis plan shall be developed in cooperation with the client, his or her parents or guardian where their consent is required for treatment, the case manager, if any, and the people and agencies providing treatment and support for the person, and shall identify to the extent possible the services most likely to be effective in helping the person resolve or manage a crisis, given the client's unique strengths and needs and the supports available to him or her.
DHS 34.23(7)(d) (d) The crisis plan shall be approved as medically necessary by a mental health professional qualified under s. DHS 34.21 (3) (b) 1. or 2.
DHS 34.23(7)(e) (e) Program staff shall use a method for storing active crisis plans which allows ready access in the event that a crisis arises, but which also protects the confidentiality of the person for whom a plan has been developed.
DHS 34.23(7)(f) (f) A crisis plan shall be reviewed and modified as necessary, given the needs of the client, but at least once every 6 months.
DHS 34.23(8) (8)Service notes. As soon as possible following a client contact, program staff shall prepare service notes which identify the person seeking a referral for emergency mental health services, describe the crisis and identify or describe all of the following:
DHS 34.23(8)(a) (a) The time, place and nature of the contact and the person initiating the contact.
DHS 34.23(8)(b) (b) The staff person or persons involved and any non-staff persons present or involved.
DHS 34.23(8)(c) (c) The assessment of the person's need for emergency mental health services and the response plan developed based on the assessment.
DHS 34.23(8)(d) (d) The emergency mental health services provided to the person and the outcomes achieved.
DHS 34.23(8)(e) (e) Any provider, agency or individual to whom a referral was made on behalf of the person experiencing the crisis.
DHS 34.23(8)(f) (f) Follow-up and linkage services provided on behalf of the person.
DHS 34.23(8)(g) (g) If there was a crisis plan under sub. (7) on file for the person, any proposed amendments to the plan in light of the results of the response to the request for services.
DHS 34.23(8)(h) (h) If it was determined that the person was not in need of emergency mental health services, any suggestions or referrals provided on behalf of the person.
DHS 34.23 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-96; CR 23-053: am. (3) (a) Register September 2023 No. 813, eff. 10-1-23.
DHS 34.24 DHS 34.24 Client service records.
DHS 34.24(1)(1)Maintenance and security.
DHS 34.24(1)(a)(a) A program shall maintain accurate records of services provided to clients, including service notes prepared under s. DHS 34.23 (8) and crisis plans developed under s. DHS 34.23 (7).
DHS 34.24(1)(b) (b) The program administrator is responsible for the maintenance and security of client service records.
DHS 34.24(2) (2)Location and format. Client service records shall be kept in a central place that is not accessible to persons receiving care from the program, shall be held safe and secure, shall be managed in accordance with standard professional practices for the maintenance of client mental health records, and shall be arranged in a format which provides for consistent recordkeeping within the program and which facilitates accurate and efficient record retrieval.
DHS 34.24(3) (3)Disposition upon program closing. An organization providing emergency mental health services under contract with the county shall establish a written plan for maintenance and disposition of client service records in the event that the program loses its certification or otherwise terminates operations. The plan shall include a written agreement with the county department to have the county department act as the repository and custodian of the client records for the required retention period or until the records have been transferred to a new program.
DHS 34.24(4) (4)Confidentiality. Maintenance, release, retention and disposition of client service records shall be kept confidential as required under s. 51.30, Stats., and ch. DHS 92.
DHS 34.24 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-96; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DHS 34.25 DHS 34.25 Client rights.
DHS 34.25(1)(1)Policies and procedures. All programs shall comply with s. 51.61, Stats., and ch. DHS 94 on the rights of clients.
DHS 34.25(2) (2)Conflict resolution.
DHS 34.25(2)(a) (a) A program shall inform clients and their parents or guardian, where the consent of the parent or guardian is required for services, that they have the option of using either formal or informal procedures for resolving complaints and disagreements.
DHS 34.25(2)(b) (b) A program shall establish a process for informal resolution of concerns raised by clients, family members and other agencies involved in meeting the needs of clients.
DHS 34.25(2)(c) (c) A program shall establish a grievance resolution system which meets the requirements under s. DHS 94.27 for a grievance resolution system.
DHS 34.25 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-96; corrections in (1) and (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DHS 34.26 DHS 34.26 Client satisfaction.
DHS 34.26(1)(1)Each program shall have a process for collecting and recording indications of client satisfaction with the services provided by the program. This process may include any of the following:
DHS 34.26(1)(a) (a) Short interviews with persons who have received emergency services.
DHS 34.26(1)(b) (b) Evaluation forms to be completed and returned by clients after receiving services.
DHS 34.26(1)(c) (c) Follow-up conversations.
DHS 34.26(2) (2)Information about client satisfaction shall be collected in a format which allows the collation and comparison of responses and which protects the confidentiality of those providing information.
DHS 34.26(3) (3)The process for obtaining client satisfaction information shall make allowance for persons who choose not to respond or are unable to respond.
DHS 34.26(4) (4)Prior to a recertification survey under s. DHS 34.03 (6) (c), the program administrator shall prepare and maintain on file a report summarizing the information received through the client satisfaction survey process and indicating:
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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.