DOC 347.04(10) (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.

DOC 347.04(11) (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.

DOC 347.04(12) (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.

DOC 347.04(13) (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.

DOC 347.04(14) (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.

DOC 347.04(15) (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.

DOC 347.04(16) (16) “Natural light” means direct or indirect illumination as provided by the sun or daylight.

DOC 347.04(17) (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.

DOC 347.04(18) (18) “Privileged mail” means any written communication between a youth and an attorney.

DOC 347.04(19) (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.

DOC 347.04(20) (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.

DOC 347.04(21) (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.

DOC 347.04(22) (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.

DOC 347.04(23) (23) “Recreation space” means a room or an area in a facility that is dedicated for youth exercise and recreation.

DOC 347.04(24) (24) “Sally port” means a secure, controlled entryway to a facility.

DOC 347.04(25) (25) “Secure perimeter” means the secure outer boundaries of a secured residential care center for children and youth.

DOC 347.04(26) (26) “Secured residential care center for children and youth” or “facility” has the meaning given in s. 938.02 (15g), Stats.

DOC 347.04(27) (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.

DOC 347.04(28) (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).

DOC 347.04(29) (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.

DOC 347.04(30) (30) “Strip search” means a search, as defined under s. 968.255 (1) (b), Stats.

DOC 347.04(31) (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.

DOC 347.04(32) (32) “Unencumbered space” means usable floor space that is not obstructed by furnishings or fixtures.

DOC 347.04(33) (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, Stats., or ch. 938, Stats.

DOC 347.04 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21; correction in (33) made under s. 35.17, Stats., Register October 2021 No. 790.

DOC 347.05 DOC 347.05 Variance.

DOC 347.05(1) (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.

DOC 347.05(2) (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.

DOC 347.05(3) (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.