Chapter DOC 376

DOC 376.07(5) (5) After the use of physical force, the youth who were involved shall be checked for injury and provided appropriate medical services. Staff shall submit a written report to the superintendent regarding any medical services provided.

DOC 376.07(6) (6) If physical force is used, each staff member involved shall submit a separate written report regarding the incident to the superintendent.

DOC 376.07(7) (7) All facility staff shall be trained in de-escalation practices at least annually.

DOC 376.07(8) (8) Staff may use the physical force necessary to prevent death or great bodily harm.

DOC 376.07(9) (9) Youth may not use physical force at any time.

DOC 376.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.08 DOC 376.08 Use of chemical agents. The use of oleoresin capsicum and other chemical agents is prohibited.

DOC 376.08 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.09 DOC 376.09 Mechanical restraints. Mechanical restraints, including handcuffs, may only be used if staff determine that they are the least restrictive means of addressing an imminent threat of physical harm to self or others and must be removed immediately when the threat of harm or safety concern has abated. The use of mechanical restraints shall be consistent with the provisions of this section and subject to all of the following:

DOC 376.09(1) (1) Under all circumstances, there is a presumption that youth shall not be mechanically restrained.

DOC 376.09(2) (2) No mechanical restraint device other than handcuffs may be used on youth while they are in the facility except under any of the following conditions:

DOC 376.09(2)(a) (a) When ordered by psychology staff to attempt to prevent active self-harm.

DOC 376.09(2)(b) (b) If the youth poses an immediate and substantial threat of physical harm to others.

DOC 376.09(2)(c) (c) During transportation additional restraints such as waist chains or leg restraints may be used when necessary to prevent an imminent threat of harm to youth or others.

DOC 376.09(3) (3) Mechanical restraints shall never be used for punishment or discipline.

DOC 376.09(4) (4) Youth may never be restrained to a fixed object unless specifically ordered by a qualified mental health professional to attempt to prevent active self-harm.

DOC 376.09(5) (5) Only staff trained in the use of physical force, mechanical restraints, and de-escalation techniques may place a youth in mechanical restraints.

DOC 376.09(6) (6) Mechanical restraints may be used during transportation when there is a documented reason to prevent an imminent threat of physical harm to others.

DOC 376.09(7) (7) When youth are being transported for release to a nonlocked environment, restraints may not be used unless to prevent a threat of harm to youth or staff or both.

DOC 376.09(8) (8) Any use of mechanical restraints, except during transportation or authorized by psychology staff, shall be authorized by a supervisor.

DOC 376.09(9) (9) A staff person shall be assigned to monitor a youth who is placed in mechanical restraints and shall remain in continuous auditory and visual contact with the youth. Observations of the youth’s behavior and any staff interventions shall be documented at least every 45 minutes, with the actual time of the observation or intervention recorded.

DOC 376.09(10) (10) Facility staff must document all uses of restraints in the facility, including a description of the events leading up to the use of restraints, the less restrictive alternatives attempted, and the length of time the youth spent in restraints.

DOC 376.09(11) (11) Mechanical restraints in excess of 45 minutes may be used only if all of the following apply:

DOC 376.09(11)(a) (a) The use is approved by the superintendent, safety director or designee.

DOC 376.09(11)(b) (b) The use is approved by psychology staff.

DOC 376.09(11)(c) (c) The superintendent and psychology staff shall review use every 45 minutes thereafter.

DOC 376.09(12) (12) When psychology staff approves additional 45 minutes of mechanical restraint use, as soon as possible and no later than 2 hours following this approval, psychology staff shall evaluate the youth and provide therapeutic interventions to the youth as needed.

DOC 376.09(13) (13) Full body restraints may be used only for the following reasons with authorization from the superintendent in consultation with psychology staff:

DOC 376.09(13)(a) (a) To protect a youth who poses an immediate threat of physical injury to self unless placed in full body restraints.

DOC 376.09(13)(b) (b) To protect a youth in a health emergency that requires full body restraints.

DOC 376.09(13)(c) (c) To protect staff, youth or other persons from a youth who poses an immediate risk of physical injury to others unless placed in full body restraints.

DOC 376.09(14) (14) When staff place a youth in full body restraints under sub. (13) (a) to (c), all of the following apply:

DOC 376.09(14)(a) (a) The shift supervisor shall be present and shall notify the superintendent, a health services professional and the psychologist on call.

DOC 376.09(14)(b) (b) A minimum of 3 staff shall be present when the youth is placed in full body restraints.

DOC 376.09(14)(c) (c) A video and audio recording shall be made as directed by the superintendent.

DOC 376.09(14)(d) (d) A staff psychologist or psychiatrist shall arrange for an on-site evaluation within 2 hours after the application of full body restraints.

DOC 376.09(14)(e) (e) The psychologist or psychiatrist shall recommend to the superintendent whether the youth should remain in full body restraints and what actions should be taken to protect the youth.

DOC 376.09(14)(f) (f) A health services professional shall conduct a physical examination as soon as possible, but not later than one hour after application of full body restraints. A physical examination shall be conducted every 4 hours thereafter by a health services professional.

DOC 376.09(14)(g) (g) Staff shall directly and continuously observe a youth immobilized in full body restraints.

DOC 376.09(14)(h) (h) Youth may be partially released from full body restraints if it is safe to do so to perform bodily functions and for meals. Three staff members, one of whom shall be a supervisor, shall be present before and during the release.

DOC 376.09(14)(i) (i) The youth shall be released immediately if it becomes apparent that full body restraints present a medical risk to the youth.

DOC 376.09(15) (15) Facility staff must document all uses of full body restraints in the facility, including a description of the events leading up to the use of full body restraints, the less restrictive alternatives attempted, and the length of time the youth spent in full body restraints. Staff shall also document:

DOC 376.09(15)(a) (a) The name of the staff making the observation and comments on the youth’s condition and behavior while in full body restraints.

DOC 376.09(15)(b) (b) The dates and times that the youth was observed by clinical staff, a health services professional or a licensed psychologist or psychiatrist, the recommendations made by those persons and whether staff implemented the recommendations.

DOC 376.09(15)(c) (c) Medication given and the time it was given.

DOC 376.09(16) (16) The superintendent may authorize partial or complete release from full body restraints at any time.

DOC 376.09(17) (17) No youth may be immobilized in full body restraints for longer than 12 hours, unless the youth is examined by a psychologist, psychiatrist or the crisis intervention worker, who shall make a written recommendation to the superintendent as to whether the youth should continue to remain in full body restraints. An examination by a psychologist, psychiatrist or crisis intervention leader shall occur thereafter at least every 12 hours that a youth is in full body restraints. The superintendent may authorize the use of restraints for more than 12 hours. The superintendent shall notify the administrator of the decision to continue the use of full body restraints beyond 12 hours and every 12 hours thereafter.

DOC 376.09(18) (18) Staff shall initiate a transfer to a mental health facility under s. 51.35 (3), Stats., if appropriate. Staff shall not retain a youth in full body restraints under sub. (13) (a) to (c) for more than 24 hours, unless a transfer to a mental health facility has been initiated by the facility.

DOC 376.09(19) (19) A monthly report concerning each incident involving the use of full body restraints shall be submitted by the superintendent to the administrator.

DOC 376.09(20) (20) Facilities shall maintain a supply of commercially manufactured mechanical restraints approved by the department. The mechanical restraints shall be periodically examined and any excessively worn or defective mechanical restraints shall be removed from the supply and destroyed.

DOC 376.09 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00 ; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25; correction in (18), (20) made under s. 35.17, Stats., Register February 2025 No. 830.

DOC 376.10 DOC 376.10 Escapes.

DOC 376.10(1) (1) Plan. The facility shall have a written plan approved by the superintendent to be implemented in the event an escape occurs or is attempted. The plan shall be updated annually and shall be filed with the administrator. The plan shall provide for all of the following:

DOC 376.10(1)(a) (a) Reporting the escape to the superintendent and the administrator.

DOC 376.10(1)(b) (b) Staff communication.

DOC 376.10(1)(c) (c) Notification to local and committing county law enforcement authorities.

DOC 376.10(1)(d) (d) Notification to the community, consistent with s. 938.51 (1r), Stats.

DOC 376.10 Note Note: There is no statutory requirement for notification to the community in the event of escape.

DOC 376.10(1)(e) (e) Pursuit of the escapee.

DOC 376.10(1)(f) (f) An immediate count of all youth.

DOC 376.10(1)(g) (g) A search of the facility and grounds.

DOC 376.10(1)(h) (h) An investigation into the background, mail and visitors list of the escaped youth.

DOC 376.10(1)(i) (i) An accessible list of the names, addresses and phone numbers of off-duty staff members.

DOC 376.10(1)(j) (j) The operation of essential posts.

DOC 376.10(1)(k) (k) Securing tools and any implement that may be fashioned into a weapon.

DOC 376.10(1)(L) (L) Victim notification, if requested under s. 938.51 (4), Stats.

DOC 376.10(1)(m) (m) The preservation of any evidence relevant to the escape and the chain of evidence.

DOC 376.10(1)(n) (n) The repair of any facilities damaged in the escape.

DOC 376.10(1)(o) (o) The responsibility of staff after an escape.

DOC 376.10(1)(p) (p) Notification of the administrator and law enforcement agencies of the apprehension of an escapee.

DOC 376.10(2) (2) Reports. Reports of escapes required under sub. (1) (a) shall include:

DOC 376.10(2)(a) (a) Date, time and location when the youth was last seen.

DOC 376.10(2)(b) (b) The method of escape.

DOC 376.10(2)(c) (c) Who was involved in the escape.

DOC 376.10(2)(d) (d) A description of the escapee, including clothing worn.

DOC 376.10(2)(e) (e) Action taken by the facility, including procedures initiated.

DOC 376.10(2)(f) (f) A brief evaluation of the factors which may have contributed to the escape.

DOC 376.10(2)(g) (g) The identification of persons who may have information about the escape.

DOC 376.10(3) (3) Hostages. When a youth takes the superintendent or any staff hostage, the hostage shall have no authority to order any action or inaction by staff.

DOC 376.10(4) (4) Pursuit. Any pursuit of an escaped youth by staff shall be done in cooperation with local law enforcement authorities. Until local law enforcement authorities are able to supervise pursuit, staff shall conduct the pursuit under supervision of the superintendent.

DOC 376.10(5) (5) Off-duty staff. In the event of an escape, the superintendent may order any off-duty staff to work.

DOC 376.10(6) (6) Vehicles. The superintendent may authorize staff to use their own vehicles to pursue an escaped youth if state-owned vehicles are unavailable.

DOC 376.10(7) (7) Criminal convictions. A youth who is in a facility because of an adult criminal court conviction who escapes from a facility shall be treated as an adult in regard to confidentiality of information.

DOC 376.10(8) (8) Public information release. After 12 hours, the department may release information to the public if permitted under s. 938.78 (3), Stats., for youth adjudicated for certain criminal offenses. The information may include the youth’s name, age, physical description, including clothing, the date and time of the escape and the facility where the escape occurred.

DOC 376.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (L) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534; CR 24-003: am. (1) (intro.), (g), (2) (e), (7), (8) Register February 2025 No. 830, eff. 3-1-25.

DOC 376.11 DOC 376.11 Search of facility grounds. Staff may conduct a search of any area within the buildings or grounds of a facility at any time. There is no requirement that evidence exists that contraband is concealed on facility grounds before such a search is conducted. Upon completion of the search, staff shall complete a facility incident report describing the search including any discovery of contraband.

DOC 376.11 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: am. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.12 DOC 376.12 Search of youth living quarters.

DOC 376.12(1) (1) Whenever staff conduct a search of a youth’s living quarters, staff in charge of the living unit at the time of the search or the staff who conducted the search shall write a report that includes all of the following: