Text Of Emergency Rule
Section 1: Chapter DOC 347 is created to read: SECURED RESIDENTIAL CARE CENTERS FOR CHILDREN AND YOUTH
Subchapter I – General Provisions
DOC 347.01 Purpose. The purpose of this chapter is to:
(1) Establish standards for the approval, design, construction, repair, maintenance, and operation of secured residential care centers for children and youth.
(2) Establish standards for services, programming, and uniform data reporting requirements for counties or Indian tribes that operate or contract with a child welfare agency to operate a secured residential care center for children and youth.
DOC 347.03 Applicability. The provisions of this chapter apply to secured residential care centers for children and youth.
DOC 347.04 Definitions. In this chapter:
(1) “Administrative confinement” means an involuntary non-punitive confinement of a youth because the youth’s behavior presents a danger to others, or poses a serious risk to facility security, including but not limited to, escape risk or disturbance.
(2) “Assessment” means a process for identifying the risks, needs, and protective factors of youth by using an objective and validated assessment tool.
(3) “Body cavity search” means a manual inspection of the anal or vaginal cavity of a youth conducted by means of any instrument, apparatus, finger, or object.
(4) “Classification” means a process for determining the needs and requirements of those for whom confinement has been ordered and for assigning them to housing units and programs according to their needs and existing resources.
(5) “Department” means the department of corrections.
(6) “Detention strength” means strong enough to resist damage a youth could inflict with tools or equipment that would normally be in his or her possession.
(7) “Dormitory” means a room used for sleeping purposes and designed for occupancy by three or more persons.
(8) “Exercise space” means a room or an area in a facility that is dedicated for youth exercise and recreation.
(9) “Force” means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of physical force and mechanical restraints.
(10) “Health care assessment” means a process whereby an individual’s health status is evaluated by a qualified health care professional through a physical examination, including questioning the patient about symptoms.
(11) “Holding room” means a secure room designed for holding one or more youth of the same gender for the purpose of processing admissions, releases, investigations, or court appearances not to exceed four hours.
(12) “Key” means any device that is used to operate a lock.
(13) “Master control” means a secure location that serves as a monitoring and control center for communications, life safety, security systems, and general building movement patterns, including entries and exits through the main security envelope of the facility.
(14) “Mechanical restraint” means any device attached to a youth’s body that restricts freedom of movement or normal access to his or her body.
(15) “Multipurpose room" means an activity area designed and used for programming and services. ”Multipurpose room” does not include a sleeping room, day room, dormitory, classroom, visiting spaces, or recreation space.
(16) “Natural light” means direct or indirect illumination as provided by the sun or daylight.
(17) “Pat down search” means an inspection by running the hands over the clothed body of a youth by a staff member to determine whether he or she possesses contraband.
(18) “Privileged mail” means any written materials between a youth and an attorney.
(19) “Qualified health care professional” means a physician, physician assistant, nurse, nurse practitioner, dentist, mental health professional, and others who by virtue of their education, credentials, and experience are permitted by law to evaluate and care for patients.
(20) “Qualified mental health care professional” means a psychiatrist, psychologist, psychiatric social worker, psychiatric nurse, and others who by virtue of their education, credentials, and experience are permitted by law to evaluate and care for the mental health needs of patients.
(21) “Quiet space” means a specialized area designed to provide sensory stimulation that helps facilitate relaxation and develop self-regulation routine to cope with stressful situations.
(22) “Receiving room” means a secure room designed and used as a sleeping room for one youth during admission, release, observation, or investigatory purposes not to exceed 72 continuous hours.
(23) “Sleeping room” means a room designed and used as a sleeping room for one person confined in a facility except that when the facility meets the conditions for double occupancy under s. DOC 347.10 (3) (b). (24) “Sally port” means a secure, controlled entryway to a facility.
(25) “Screening” means a structured inquiry and observation to prevent newly arrived youth who pose a health or safety threat to themselves or others from being admitted to the general population and to identify youth who require immediate medical attention.
(26) “Secure perimeter” means the secure outer boundaries of a secured residential care center for children and youth.
(27) “Secured residential care center for children and youth” or “facility” has the meaning given in s. 938.02 (15g). (28) “Security staff” means staff who are responsible for providing in-person supervision of and interacting with youth in housing units, recreational areas, dining areas and other program areas of the facility.
(29) “Social supporters” includes parents or guardians, foster parents, legal custodians, siblings, other family members, the parents of a youth’s child, the youth’s child, mentors, community-based service providers, educators, clergy members, and other caring and supportive individuals who are a reliable presence for the youth.
(30) “Strip search" means a search in which a person is required to remove all clothes. Permissible inspection includes examination of the person's body and clothing and visual inspection of body cavities.
(31) “Trauma-informed” means an approach to engaging people with histories of trauma that recognizes the presence of trauma symptoms and acknowledges the role that trauma has played in their lives.
(32) “Unencumbered space” means usable floor space that is not obstructed by furnishings or fixtures.
(33) “Youth” means any child, youth, juvenile, or other individual placed or transferred to a secured residential care center for children and youth under the provisions of chs. 301.08 or 938, Stats.
DOC 347.05 Variance.
(1) The department may grant a variance to a requirement found in this chapter, except that no variance may be granted for any requirement to the provisions of s. DOC 347.10 (3) (b), or requirements specifically imposed by Wisconsin Statutes or federal law or regulation. (2) In order to obtain a variance, a county, tribe, or child welfare agency that operates or intends to operate a facility shall demonstrate in writing that the variance provides equivalent or better protection for the health, safety, rights, and welfare of youth or the public.
(3) The department may impose specific conditions including reasonable time limits on a variance in order to protect the health, safety, rights, and welfare of youth and the public.
(4) Violation of any condition of a variance by the facility constitutes a violation of this chapter. Upon finding that there has been a violation of a condition of a variance, the department may revoke the variance and require strict enforcement of the rule.
(5) Any variance granted does not set a precedent.
DOC 347.06 Records and reporting.
(1) Register of youth. Each facility shall keep a register of all youth. The register shall contain identifying information on each youth, including name, residence, age, sex, race, court order, time and cause of placement, placing authority, and time of release and releasing authority.
(2) Storage of records. Records shall be kept in a secure location and maintained in a confidential manner in accordance with s. 938.396, Stats., and any other applicable federal or state law. (3) Reporting requirements. The facility shall notify the department's regional detention facilities specialist within 48 hours after any of the following events occur:
(a) A youth dies.
(b) A youth is admitted to a hospital.
(c) A youth receives off-site medical attention due to an assault or use of force.
(d) A staff member is admitted to the hospital due to an injury caused by youth assault or use of force.
(e) A youth escapes or attempts to escape from secure custody.
(f) There is significant damage to the facility affecting the safety or security of the facility.
(4) Documentation. The facility shall document the date, time, and circumstances of all of the following events involving youth:
(a) All medication errors.
(b) All use of force incidents.
(c) All sexual abuse, sexual harassment, and retaliation allegations.
(5) Department requests. The facility shall promptly furnish to the department all requested information.
DOC 347.07 Data reporting. The facility shall enter data into a uniform data collection system as determined by the department that can be accessed by authorized juvenile justice officials in order to monitor facility compliance with all applicable regulations and assess facility performance in successfully rehabilitating youth.
DOC 347.08 Operational plan.
(1) Before a facility may accept youth, it shall develop a written operational plan that has been approved by the department under s. 938.22 (2) (a), Stats. The facility may not implement any plan until the department has approved the plan. (2) The operational plan shall contain policies and procedures for the operation of the facility. The policies and procedures shall include the standards set forth in ss. DOC 347.06, DOC 347.13, DOC 347.16, DOC 347.19, DOC 347.20, DOC 347.21, DOC 347.22, DOC 347.25, DOC 347.27, DOC 347.28, DOC 347.29, DOC 347.30, DOC 347.31, DOC 347.32, DOC 347.33, DOC 347.34, DOC 347.35, DOC 347.36, DOC 347.38, DOC 347.41, DOC 347.42, DOC 347.44, DOC 347.45, DOC 347.47, DOC 347.48, DOC 347.49, DOC 347.50, DOC 347.51, DOC 347.52, DOC 347.53, DOC 347.54, DOC 347.56, and DOC 347.57. (3) The operational plan shall comply with the standards specified in this chapter.
(4) The facility shall implement the operational plan consistent with the requirements of this chapter.
Subchapter II – Facility and Physical Environment
DOC 347.09 Construction plans.
(1) An entity that intends to build or remodel a facility shall file a letter of intent with the department before design development begins.
(2) An entity shall provide copies of original and updated drawings of the area within the secure perimeter of the facility to the department.
(3) All sites, plans, and specifications for construction or remodeling of a facility shall comply with the Wisconsin commercial building code under chs. SPS 361 to 366. (4) Prior to publication of bid documents, one complete set of plans and specifications shall be forwarded to the department for review and approval.
(5) Any proposed changes to the approved plans must be submitted to the department for review and approval.
DOC 347.10 Physical environment.
(1) Trauma-informed. Trauma-informed principles shall be considered in the physical environment of the facility.
(2) Furniture and fixtures. Furniture and fixtures used in a facility shall be of detention strength materials or be of secure type to ensure safety for staff and the youth, including benches, bolts, beds, chairs, ceilings, clothing hooks, contraband proof thresholds, desks, door pulls, drinking fountains, floor drains, food passes, glazing, grills over vents or windows, hinges, key cabinets, lights, locking mechanism housings, mirrors, observation ports, screws, seats, security doors, security locks, security screens, shelves, showers, skylights, speaking ports, sprinkler heads, tables, toilets, urinals, walls, washbasins, windows, or window and door frames.
(3) Youth housing.
(a) Sleeping rooms.
