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History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.
DOC 347.36Religious practices.
(1)The facility may not discriminate against a youth on the basis of the youth’s religious beliefs.
(2) Youth shall have the opportunity to participate in religious practices, services, and programming, and have access to property of their religious practices consistent with existing state and federal law.
(3) Staff and individuals who provide religious programming or services may not compel youth participation in or adoption of a particular religion.
(4) The facility shall notify youth of the schedule of religious services available.
History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.
DOC 347.37Legal access. The facility shall provide youth access to the courts, attorneys, and legal materials and research.
History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.
DOC 347.38Grievance procedure.
(1)General.
(a) The facility shall provide all youth with access to a grievance procedure that provides an opportunity for resolution of complaints.
(b) The facility shall provide a process by which youth can submit grievances in a confidential manner that is only accessible by a supervisor or designee.
(2)Procedure.
(a) The facility shall screen all grievances within 24 hours of receipt, excluding weekends and holidays. Priority shall be given to grievances concerning health and safety.
(b) The facility shall, within 7 days of receipt of the grievance, issue a written response and provide a copy to the youth. The response shall state the issue, the facts upon which any decision is based, the decision, and the reasons for the decision.
(c) The facility shall provide at least one level of appeal.
(d) The facility shall maintain a grievance log that includes all of the following:
1. The date and time each grievance is received.
2. The nature of the grievance.
3. The date of the response.
4. The individual issuing a response.
5. The status of any appeal.
(3)Retaliation. The facility shall prohibit retaliation for use of the grievance procedure.
History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21; correction in (2) (d) 5. made under s. 35.17, Stats., Register October 2021 No. 790.
Subchapter VIII — Programs and Services
DOC 347.39General. Programs and services under this subchapter shall conform to the following requirements:
(1) The facility shall do all of the following:
(a) Provide programming that consists of structured treatment, leisure, recreational, exercise, and educational activities.
(b) Incorporate evidence-based practices and trauma-informed and science aligned principles in programs and services.
(c) Provide programs and services that are responsive to the genders, sexual orientations, disabilities, socioeconomic statuses, cultural, racial and ethnic backgrounds, experiences, interests, and primary languages of youth.
(d) Post and adhere to a daily schedule of programs and services in each living unit. Reasons for any deviations from scheduled activities shall be documented.
(e) Encourage youth to be out of their rooms and engaged in programming.
(f) Ensure youth have daily access to the facility’s outdoor recreation space under s. DOC 347.10 (10), weather permitting.
(2) Programming may be provided by staff, volunteers, contractors, or community groups.
(3) If a facility uses volunteers, the operational plan under s. DOC 347.08 shall contain policies and procedures relating to the use of volunteers, including the completion of criminal background checks, orientation and training, and extent of supervision and responsibilities.
(4) The facility shall ensure that equitable gender-responsive programming exists for youth in the facility. The facility shall not limit access to recreation and vocational opportunities on the basis of gender.
(5) Youth are not required to participate in uncompensated work assignments unless the work is related to housekeeping, maintenance of the facility or grounds, personal hygienic needs, or part of an approved training or community service program.
History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.
DOC 347.40Community partnerships for programming.
(1)The facility shall pursue partnerships with community organizations to enhance available services and resources in the facility.
(2) Youth may volunteer and participate in programs and services within the community in accordance with s. DOC 347.15.
History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.
DOC 347.41Education. The facility shall do all of the following:
(1) Ensure that youth have access to education, as provided by the school district in which the facility is located.
(2) Notify the school district in which the facility is located when youth are placed in the facility.
(3) Cooperate with the school district in which the facility is located in the implementation of an educational program.
(4) Communicate to the department of public instruction concerns regarding adequacy of educational programming within facilities.
(5) Document on a daily basis all of the following:
(a) Number of hours of instruction by a teacher.
(b) Number of youth receiving instruction.
(c) Names of youth who refused to participate in education.
(d) Names of youth who were unable to participate and the reasons for the inability.
History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.
DOC 347.42Vocational opportunities. The facility shall do all of the following:
(1) Provide youth the opportunity to receive vocational and career counseling.
(2) Provide training on soft skills and work readiness.
(3) Offer eligible youth vocational opportunities consistent with available resources.
(4) Provide eligible youth the opportunity to pursue post-secondary education.
History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.
DOC 347.43Independent living and life skills programming. The facility shall provide youth with structured experience in independent living and life skills that may include the following components:
(1)Independent living.
(a) Ability to find safe, stable, and affordable housing.
(b) Basic home maintenance and cleaning skills.
(c) Meal planning and cooking skills.
(d) Transportation skills.
(e) Obtaining medical, dental, and mental health care.
(f) Money management.
(2)Life skills.
(a) Development of youths’ emotional regulation, self-responsibility, and resilience.
(b) Development of appropriate pro-social relationships.
(c) Fostering protective skills against victimization.
History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.
DOC 347.44Leisure activities, recreation, and exercise.
(1)Leisure activities. The facility shall offer youth a range of leisure activities.
(2)Recreation. The facility shall do all of the following:
(a) Have a supervised and scheduled recreation and exercise program.
(b) Ensure all youth have access to at least one hour of large muscle exercise every weekday and at least 2 hours of large muscle exercise each Saturday and Sunday in a space outside of their own rooms.
(c) Have and maintain supplies and equipment to provide a variety of recreational and exercise activities.
History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21; correction in (2) (b) made under s. 35.17, Stats., Register October 2021 No. 790.
DOC 347.45Youth, family, and social supporter engagement.
(1)Orientation and access.
(a) Orientation and information. The facility shall provide a parent, guardian, or legal custodian orientation materials upon admission.
(b) Access to youth. The facility shall provide youth access to social supporters in accordance with s. DOC 347.34.
(2)Opportunities for input. The facility shall do all of the following:
(a) Provide multiple methods for social supporters to provide recommendations regarding facility programming, services, and operations.
(b) Provide opportunities for social supporters to submit a formal complaint regarding facility programming, services, visitation, and operations. The facility shall respond to formal complaints within 7 days, excluding weekends and holidays.
(c) Provide multiple methods for youth to provide recommendations regarding facility programming, services, and operations.
(3)Interactions. Subject to s. DOC 347.46, the facility shall provide opportunities for youth and social supporter interactions through a variety of activities.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.