DOC 375.04(3)(a)1.1. If a youth is placed in observation under sub. (2) (b) 2., 3. or 4., a psychologist or physician shall examine the youth and evaluate the placement to verify a condition under sub. (1) as soon as practical, but in no case may the examination take place later than 3 days after placement.

DOC 375.04(3)(a)2.2. A psychologist or physician shall examine a youth placed in observation under sub. (1) (a) or (b) as needed, but at least every 3 days, to determine if the placement is consistent with the requirements of this chapter.

DOC 375.04(3)(a)3.3. A health services professional shall examine a youth placed in observation under sub. (1) (c) as needed, but at least every 3 days, to determine if the placement is consistent with the requirements of this chapter.

DOC 375.04(3)(a)4.4. If a physician, psychologist or health services professional’s examination under this paragraph determines that a youth does not meet the requirements for observation under sub. (1), the youth shall be promptly released from observation.

DOC 375.04(3)(b)(b) Voluntary transfer. If a psychologist or physician determines that a youth needs treatment in a mental health facility, staff shall ask for written consent to transfer to a mental health facility from: the parent or guardian, if the youth is under 14 years of age; the parent or guardian and the youth if the youth is 14 through 17 years of age; and the youth only if the youth is 18 years of age or older. If individual required to consent does so in writing and the superintendent approves, the psychologist or physician shall initiate the voluntary transfer procedure by contacting the mental health facility to obtain information regarding bed availability. All legal requirements under ch. 51, Stats., for voluntary transfer shall be followed.

DOC 375.04(3)(c)(c) Involuntary transfer. If an institution cannot obtain consent under par. (b), a physician or psychologist may recommend involuntary transfer of the youth to the superintendent. If the superintendent approves, the psychologist or physician shall initiate the involuntary transfer procedure by contacting the mental health facility to obtain information regarding bed availability. All legal requirements under ch. 51, Stats., for involuntary transfer shall be followed.

DOC 375.04(3)(d)(d) Medical need. If a youth is placed in observation under sub. (1) (c), a health services professional shall document the youth’s medical treatment needs and review the youth’s status as needed. If a youth’s medical needs cannot be met at the institution, the superintendent shall promptly transfer the youth to an appropriate medical facility.

DOC 375.05(1)(1) A youth placed in observation under s. DOC 375.04 (1) (a) may not remain in observation longer than 14 days unless notice of review of the youth’s status under s. DOC 375.06 (2) has been served, the superintendent has approved a voluntary or involuntary transfer under s. DOC 375.04 (3) (b) or (c) and legal proceedings under ch. 51, Stats., have been initiated. The superintendent shall promptly inform the administrator if a youth is kept in observation beyond 14 days and the administrator shall review the need for observation at least every 7 days after the youth has been in observation for 14 days.

DOC 375.05(3)(3) A youth placed in observation under s. DOC 375.04 (1) (c) may remain in observation for a reasonable period of time for diagnosis and, if necessary, treatment until the disease or condition is in remission or the youth has passed the communicable stage of the disease or infection.

DOC 375.06(1)(1) If a physician or psychologist determines that observation of a youth under s. DOC 375.04 (1) (a) must continue beyond 14 days and the superintendent has initiated transfer proceedings under s. DOC 375.04 (3) (b) or (c), a psychologist or physician, other than the person who made the original placement, shall review the need for continued confinement of the youth following notice under sub. (2).

DOC 375.06(2)(2) The psychologist or physician who conducts the review under sub. (1) shall serve written notice of the review on the youth within 14 days after the youth is first placed in observation. Notice shall include:

DOC 375.06(2)(a)(a) The allegation of the youth’s mental illness and dangerousness.

DOC 375.06(2)(b)(b) The standards used to determine mental illness and dangerousness.

DOC 375.06(2)(c)(c) The evidence to be considered at the review.

DOC 375.06(2)(d)(d) The sources of information relied upon, unless such disclosure would threaten personal safety or institution security. If information is not disclosed, the notice shall state that information is not being disclosed and the reason it has not being disclosed.

DOC 375.06(2)(e)(e) An explanation of the possible consequences of the review.

DOC 375.06(2)(f)(f) An explanation of the youth’s rights at the review which include all of the following:

DOC 375.06(2)(f)3.3. The right to an advocate in accordance with s. DOC 373.74 and the right to present or have the advocate present information obtained from witnesses.