Duration of program.
Ch. DCF 81 Note
Chapter HSS 348 as it existed on June 30, 2000 was repealed and a new Chapter DOC 398 was created, Register, June, 2000, No. 534
, effective July 1, 2000.
Through this chapter the department seeks to achieve the following goals:
Provide a community-based option for youth who have been adjudicated delinquent.
Maintain public safety and youth accountability through supervision and sanctions appropriate to the needs and requirements of youth in the program.
Provide the necessary treatment, services, discipline and supervision to help youth and family make meaningful, positive, changes in their lives.
Encourage a crime-free lifestyle for youth in the program.
Involve every youth in education or vocational training or employment.
DCF 81.01 History
Cr. Register, June, 2000, No. 534
, eff. 7-1-00; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.
DCF 81.02 Applicability.
This chapter applies to the department, county departments under s. 46.215
, Stats., and youth who have been adjudicated delinquent and ordered under s. 938.34 (2r)
, Stats., to participate in an intensive supervision program.
DCF 81.02 History
Cr. Register, June, 2000, No. 534
, eff. 7-1-00.
DCF 81.03 Definitions.
In this chapter:
“Assigned caseworker" means a county department staff member or designee responsible for the case plan, case management, and decision making.
“Caretaker" means another person besides a parent who is providing care to a youth.
“Department" means the department of children and families.
“Electronic monitoring device" means an electronic device used to monitor the youth's location.
“Intensive supervision" means a community based comprehensive program providing a youth and the youth's family with the treatment and services necessary for holding the youth accountable and preventing institutional placement.
“Intensive surveillance" means monitoring a youth's activities through frequent face-to-face contacts, electronic monitoring, and collateral contacts, which include contacts with school personnel, employers, therapists, and relatives.
“ISP" or “intensive supervision program" means the program under s. 938.534
, Stats., that provides intensive surveillance and community-based treatment services for youth and their families.
“Secure detention facility" means a locked facility approved by the department of corrections under s. 301.37
, Stats., for the secure, temporary confinement of a youth.
“Youth" means a person who has been adjudicated delinquent and ordered by a court under s. 938.34 (2r)
, Stats., to participate in the intensive supervision program.
DCF 81.03 History
Cr. Register, June, 2000, No. 534
, eff. 7-1-00; correction in (4), (10) made under s. 13.92 (4) (b) 6., Stats., and correction in (7) made under s. 35.17, Stats., Register December 2015 No. 720.
A county department electing to provide or purchase ISP services shall meet the requirements in this section.
A county department shall develop a written referral and screening process for youth for whom the ISP may be recommended to the court under s. 938.33 (1)
, Stats. Criteria for participation include:
The likelihood that a youth would present a physical danger to self or to others if living in the community.
The availability of a suitable living arrangement for the youth within the community.
The willingness of the youth and the youth's family or other adult with whom the youth will reside to participate in the ISP and comply with the rules and conditions of the program.
The ability of the community to provide treatment and other needs of the youth.
Referral and screening shall take place before the report under s. 938.33 (1)
, Stats., is submitted to the court.
(3) Participant rights.
A county department shall make reasonable efforts to ensure that a youth, while participating in the program:
Is free from discrimination based on race or ethnicity, color, religion, sex, national origin, or any other category protected by federal or state law while receiving program services.
Is provided with accessible and usable services, and any reasonable accommodations or auxiliary aids and services needed to benefit from treatment and other programs.
Is provided with translators if the youth's ability to speak, understand, read, or write English is limited.
Is protected from abuse or neglect by program service providers.
May visit, use the mail and communicate with family members and an attorney within reasonable guidelines while in secure detention or other out-of-home placement.
Has access to county department and community programs and services consistent with the protection of the public.
Has his or her educational, vocational, drug or alcohol abuse, mental health, and other treatment needs addressed by the ISP case plan.
May participate in authorized recreational, leisure time, and religious activities.
(4) Statement describing goals, services, and case plan components. DCF 81.04(4)(a)(a)
Required written description.
A county department shall develop a written description of its ISP that shall include identification of goals, assurances of service availability, and specification of case plan components.
Goals shall be identified based on assessed strengths and needs of youth in the program and their families and may include reduction of recidivism, increased participation in educational or vocational programming, participation in treatment, and avoidance of a more restrictive placement.
A written description shall include assurances that an individual youth and the youth's family will receive the following services, if needed:
Alcohol and other drug abuse outpatient treatment and education. Programs used to treat alcohol or drug abuse by youth shall be certified by the department of health services under ch. DHS 61
A written description shall address the availability and accessibility of other community services that a youth and the youth's family may need, such as:
Training for parents, including discipline management skills, communication skills and interpersonal skills.
A written description shall identify the manner in which a youth and the youth's family will obtain or have access to needed services.
A written description shall provide assurances that a case plan under sub. (5)
shall be developed for each youth and his or her family, and will be filed with the court within 30 days of the dispositional order.
(5) Case plan requirements.
A youth in an ISP shall have a case plan that specifies the following:
The goals for the youth and family for the time the youth is in the ISP.
The community-based treatment services and educational, vocational, employment and other programs that are expected to be used to meet the needs of the youth and family.
The number and frequency of supervisory contacts that the youth shall receive.
The estimated time the youth and his or her family will participate in the program.
The rules and conditions of the youth's participation in the program, including the following:
Avoiding of any conduct that violates a federal, state or municipal law.
Reporting any contact with the police to ISP staff within 12 hours.
Cooperating with ISP staff and fully participating in all aspects of the case plan.
Obtaining advance permission from the lead caseworker to travel outside the state.
Cooperating with electronic monitoring procedures and refraining from altering, damaging, or interfering in any way with the operation of the electronic monitoring equipment.
Refraining from using or possessing any drug, item, or substance which is illegal to possess, or any prescription drugs except as prescribed for the youth by a licensed health care provider.
Refraining from purchasing, owning, carrying or possessing a firearm, knife, or other weapon, or ammunition, without the advance written permission of an ISP caseworker. The ISP caseworker may not grant a youth permission to possess a firearm if the youth is prohibited from possessing a firearm under state or federal law.
Agreeing to submit to any test ordered by the ISP caseworker that is permitted under law, including but not limited to, urinalysis, breathalyzer and blood tests.
Complying with any special rules issued by ISP staff including, but not limited to, rules relating to companions, medical and dental appointments, counseling, therapy or other mental health appointments, family responsibilities, court-ordered restitution, participation in community service, educational and vocational programs, job seeking and job attendance, purchasing, trading, selling, or operating a motor vehicle, and borrowing money or making a purchase on credit.