Wisconsin Legislature: DHS 61.36(2)(b)

(b) Medical counseling shall be provided by a licensed physician or a registered professional nurse in accord with the Professional Practice Act, and legal counseling shall be provided by a licensed attorney. Non-medical or non-legal counselors shall inform the person with a developmental disability and the family of what the statutes provide and the interpretations provided by administrative rules and guidelines in the legal and medical areas.

(2) Program.

(a) Counseling services may assist the person with a developmental disability and the family to understand his or her capabilities and limitations or assist in the alleviations of problems of adjustment and interpersonal relationships.

(b) Counseling services shall assist the person with a developmental disability and the family with understanding the objectives in the individual’s service plan.

(d) The counselor shall keep a written record for each counselee. The record shall contain summaries of each scheduled session and any other significant contact. The record shall include but is not limited to the following data:

1. Date of contact.

2. Names, addresses and phone numbers of the people involved in contact.

3. Duration of the contact.

4. Progress toward objectives of the counseling case plan.

5. Recommendations for changes in counseling or the overall service plan.

(e) The counselor shall send a written report to the case manager at least every 6 months. The report shall contain a statement on progress toward the goals of the service plan and the recommendations for changes in the service plan.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.36 Education services. Education services are structured learning experiences designed to develop ability to learn and acquire useful knowledge and basic academic skills, and to improve the ability to apply them to everyday living.

(1) Agency based programs for birth-3 years.

(a) Required personnel.

1. There shall be a director who shall have skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in child development, early childhood education or a closely related area.

2. Instructional and related personnel shall be certified or meet certification requirements as established by the department of public instruction.

3. The maximum number of children in a group and the ratio of children to direct service staff shall not exceed:

- See PDF for table

(b) Program.

1. For children from birth to 3 years, the program emphasis shall be on cognitive, motor, social, communication and self help skills.

2. Whenever possible programming for the birth to 3 year old shall be done in conjunction with the parents or the persons primarily responsible for the care of the child.

3. Programming for the birth to 3 year old shall take into consideration the individual family environment of each child.

4. Educational services shall be provided as recommended in the service plan.

5. Designated staff involved in the education service shall send a written report to the case manager at least every 6 months. The report shall contain a statement on progress toward the objectives of the service plan and the recommendations for changes in the service plan.

(2) Home-based services for birth-3 years.

(a) Required personnel.

1. There shall be a home trainer who is certified by the department based on the criteria established by the Wisconsin hometrainers association, Inc. A licensed physical therapist or neuro-developmental occupational therapist also qualifies as home trainers.

(b) Program.

1. For children from birth to 3 years, the program emphasis shall be on cognitive, motor, social, communication and self help skills.

2. Whenever possible programming for the birth to 3 year old shall be done in conjunction with the parents or the persons primarily responsible for the care of the child.

3. Programming for the birth to 3 year old shall take into consideration the individual family environment of each child.

4. Educational services shall be provided as recommended in the service plan.

(3) Programs serving individuals 18 years and over. These programs requirements are specified in s. DHS 61.38, training services.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.37 Recreational services. Recreation services are activities designed to meet specific individual needs such as individual self-expression, social interaction and entertainment; develop skills and interests leading to enjoyable and constructive use of leisure time; and improved well-being.

(1) Personnel. There shall be a recreation director and staff as needed.

(2) Program.

(a) The agency providing recreation services shall hold regularly scheduled activities which meet the needs, interests and abilities of individuals.

(b) The agency providing recreation services shall provide at least one of the following kinds of activities:

1. Active and passive

2. Individual and group

3. Social, physical and creative

4. Community involvement activities

(d) The agency providing recreation services shall provide the necessary supplies and equipment to meet the individual needs of clients.

(e) The agency providing recreation services shall utilize existing generic community social and recreation services, including personnel, supplies, equipment, facilities and programs when possible.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.38 Training services. Training services provide a planned and systematic sequence of formal and informal activities for adults designed to develop skills in performing activities of daily and community living including self-help, motor and communication skills and to enhance emotional, personal and social development. Training services are usually provided as day services, sheltered employment or transitional community living arrangements.

(1) Personnel.

(a) Director. There shall be a director who shall have skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in a human services related field and at least 3 years of related experience.

(b) Other staff. Program staff may include but is not limited to home trainers, specialists, and assistants. Staff or consultants shall be available, as needed, who are knowledgeable and skilled in adapting or modifying equipment and environments, and the application of special equipment for persons with physical disabilities.

(2) Program.

(a) Training service shall include at least one of the following programs to encourage and accelerate development in:

1. Independent and daily living skills.

2. Mobility skills.

3. Social development.

4. Vocational and work related skills.

(b) Training services shall be directed toward integrating the individual into the total family and community environment.

(d) Staff supervising the training service shall send a written report to the case manager or his or her designee at least every 6 months. The report shall contain a statement on progress toward the objectives of the service plan and recommendations for changes.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.39 Treatment services. Treatment services provide coordinated medical or medically related interventions which halt, control or reverse processes which cause, aggravate or complicate developmental disabilities. The interventions may include dental and medical treatments, physical therapy, occupational therapy, speech therapy and other medical and ancillary medical programs.

(1) Personnel. There shall be a professional licensed in the area in which he or she is prescribing, directing, administering, or supervising treatment services. All treatment services shall be in compliance with the professional rules and regulations of the licensing bodies.

(2) Program.

(a) Treatment services shall be provided as recommended in the service plan.

(b) Designated staff involved in the treatment services shall send a written report to the case manager or his or her designee at least every 6 months. The report shall contain a statement on progress toward the objectives of the service plan and the recommendations for changes in the service plan.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.40 Sheltered employment and work activity services. Sheltered employment services are non-competitive remunerative employment for an indefinite period of time for individuals who are presently unemployable in the competitive labor market. Work activity services are worklike therapeutic activities for individuals with disabilities whose physical or mental impairment is so severe as to make their productive capacity inconsequential (never more than 25% of the normal production capacity). Sheltered employment programs shall include sheltered employment services or work activity services and may include the additional developmental disabilities services of counseling, education, recreation, training, personal care and transportation. A sheltered employment program shall comply with all of the following:

(1) Personnel.

(a) There shall be a director who shall possess skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in a human services field, with a minimum of 2 years supervisory or administrative experience in an agency which is programmed for the developmentally disabled or an appropriate industrial background with 2 years of relevant experience.

(b) There shall be a program director who shall possess the skills and knowledges that typically would be acquired through a course of study leading to a master’s degree in psychology, rehabilitation or a closely related field with at least one year of experience in programming for the developmentally disabled. An additional 2 years of experience may provide those skills and knowledge typically acquired through study for a master’s degree.

(c) There shall be a supervisor or supervisors who shall possess skills and knowledges that typically would be acquired through:

1. A course of study that would lead to a bachelor’s degree in one of the human services, or

2. A minimum of 2 years of academic, technical or vocational training consistent with the type of work to be supervised or

3. A minimum of 2 years of experience in a work situation related to the type of work supervised.

(d) There may be a contract procurement specialist who shall have the skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in an industrial, business, or related field. Two years of bidding, pricing, time study, marketing, advertising or sales experience may be substituted for a course of study.

(e) There may be a production manager who shall have the skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in an engineering, business or industrial field. Business or industrial experience in a supervisory capacity can substitute for course study on a year for year basis.

(f) There shall be a vocational counselor who shall possess or be eligible for the provisional school counselor certificate and have the skills and knowledge typically acquired during a course of study leading to a master’s degree in counseling and guidance.

(g) Additional staff or consultants shall be available, as needed, who are knowledgeable and skilled in adapting or modifying equipment and environments, and the application of special equipment for persons with physical disabilities.

(h) Agencies offering sheltered employment or work activities shall maintain the following staff ratios when the program is operating:

1. There shall be a minimum of 2 supervisory personnel for the first 15 sheltered or work activity employees.

2. There shall be one additional direct service personnel for each additional 15 sheltered or work activity employees or fraction thereof.

(i) Agencies offering sheltered employment or work activities shall make services available a minimum of 20 hours per week.

(2) Program.

(a) Sheltered employment and work activity shall include remunerative work including supervision and instruction in work tasks and observance of safety principles in a realistic work atmosphere. A realistic work atmosphere is most effectively provided within a community job site setting, whenever possible.