DOC 346.04(22) (22) “Qualified health care professional” means a physician, physician assistant, nurse, nurse practitioner, dentist, mental health professional, or other person who by virtue of their education, credentials, and experience is permitted by law to evaluate and care for patients.

DOC 346.04(23) (23) “Qualified mental health professional” means a psychiatrist, psychologist, psychiatric social worker, psychiatric nurse, or other person who by virtue of their education, credentials, and experience is permitted by law to evaluate and care for the mental health needs of patients.

DOC 346.04(24) (24) “Rated bed capacity” means the design capacity approved by the department under this chapter, based on single occupancy sleeping rooms under s. DOC 346.09 (3) (a), double occupancy sleeping rooms under s. DOC 346.09 (3) (b), and dormitories under s. DOC 346.09 (3) (c).

DOC 346.04(25) (25) “Receiving room” means a secure room designed and used as a sleeping room for one youth during admission, release, observation, or investigatory purposes.

DOC 346.04(26) (26) “Recreation space” means a room or an area in a facility that is dedicated for youth exercise and recreation.

DOC 346.04(27) (27) “Secure perimeter” means the outer boundary of a youth detention facility or of the youth portion of a county jail or secured residential care center for children and youth.

DOC 346.04(28) (28) “Sleeping room” means a room designed and used for one youth confined in a facility except when the facility meets the conditions for double occupancy under s. DOC 346.09 (3) (b).

DOC 346.04(29) (29) “Social supporter” includes a parent or guardian, foster parent, legal custodian, sibling, other relative, the parent of a youth’s child, the youth’s child, mentor, community-based service provider, educator, clergy member, and other caring and supportive individuals who are a reliable presence for the youth.

DOC 346.04(30) (30) “Strip search” means a search, as defined under s. 968.255 (1) (b), Stats.

DOC 346.04(31) (31) “Superintendent” means either of the following:

DOC 346.04(31)(a) (a) The individual designated to be in charge of a youth detention facility under s. 938.22 (3) (a), Stats., or the director as specified in s. 938.22 (3) (b), Stats.

DOC 346.04(31)(b) (b) In the case of the youth portion of the county jail, the sheriff of a county in which the jail is located pursuant to s. 59.27 (1), Stats.

DOC 346.04(32) (32) “Unencumbered space” means usable floor space that is not obstructed by furnishings or fixtures.

DOC 346.04(33) (33) “Youth” means any individual placed or transferred to a facility under the provisions of s. 301.08, Stats., or ch. 938, Stats.

DOC 346.04(34) (34) “Youth detention facility” means a juvenile detention facility as defined under s. 938.02 (10r), Stats., and includes a stand-alone facility or a facility located in the same building or on the same grounds as a county jail or secured residential care center for children and youth.

DOC 346.04(35) (35) “Youth detention portion of a secured residential care center for children and youth” means an area that is used for the detention of youth and is collocated with a secured residential care center for children and youth.

DOC 346.04(36) (36) “Youth portion of a county jail” means an area that is used for the detention of youth and that is part of a county jail.

DOC 346.04 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (22), (23), (31) (intro.), (35) made under s. 35.17, Stats. Register July 2025 No. 835.

DOC 346.05 DOC 346.05 Variance.

DOC 346.05(1) (1) The superintendent may submit a written request to the department to be granted a variance from a provision of this chapter if:

DOC 346.05(1)(a) (a) Strict enforcement of the rule would result in unreasonable hardship for administration of the facility; and

DOC 346.05(1)(b) (b) The variance would provide equivalent or better protection for the health, safety, rights, and welfare of youth and the public.

DOC 346.05(2) (2) In all cases, there is a presumption that strict compliance with this chapter shall be required and the responsibility to provide commensurate justification for a variance rests with the requestor.

DOC 346.05(3) (3) At a minimum, any request for a variance must include:

DOC 346.05(3)(a) (a) The applicable provision of this chapter for which a variance is sought.

DOC 346.05(3)(b) (b) A description of the request and commensurate justification.

DOC 346.05(3)(c) (c) Any additional information requested by the department.

DOC 346.05(4) (4) No variance may be granted to minimum space requirements for youth housing areas under s. DOC 346.09 (3) (a), (b), (c), and (d).

DOC 346.05(5) (5) The department shall send a decision letter to the superintendent subsequent to reviewing the request. 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.