Wisconsin Legislature: Chapter DHS 40

Chapter DHS 40

MENTAL HEALTH DAY TREATMENT FOR YOUTH

DHS 40.01 Authority and purpose.

DHS 40.02 Applicability.

DHS 40.03 Definitions.

DHS 40.04 Certification.

DHS 40.05 Waivers and variances.

DHS 40.06 Coordination with educational services.

DHS 40.07 Program components.

DHS 40.08 Emergency safety interventions.

DHS 40.09 Personnel qualifications.

DHS 40.10 Required personnel and services.

DHS 40.11 Referral and Screening.

DHS 40.12 Admission.

DHS 40.13 Assessment.

DHS 40.14 Treatment Plan.

DHS 40.15 Client records.

DHS 40.16 Client rights.

DHS 40.17 Program evaluation.

DHS 40.18 Death Reporting.

Note: Chapter HFS 40 was renumbered to chapter DHS 40 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. Chapter DHS 40 as it existed on June 30, 2020, was repealed and a new chapter DHS 40 was created by CR 19-018, effective 7-1-20.

DHS 40.01 Authority and purpose. This chapter is promulgated under the authority of s. 51.42 (7) (b), Stats., and is intended to regulate programs providing mental health day treatment services for youth.

History: CR 19-018: cr. Register June 2020 No. 774, eff. 7-1-20.

DHS 40.02 Applicability. This chapter applies to all programs providing mental health day treatment services for youth in the state of Wisconsin. This chapter does not regulate other providers of day treatment services for youth, such as alcohol and other substance use disorder treatment programs regulated by ch. DHS 75. If a comprehensive program offers services to youth in addition to mental health day treatment, this chapter applies only to those program components that offer mental health day treatment.

History: CR 19-018: cr. Register June 2020 No. 774, eff. 7-1-20.

DHS 40.03 Definitions. In this chapter:

(1) “Advanced practice nurse” has the meaning given in s. N 8.02 (1).

(2) “Advanced practice nurse prescriber” has the meaning given in s. N 8.02 (2).

(3) Assessment” means the process required under s. DHS 40.13.

(4) “Biopsychosocial information” means the combination of physical, psychological, social, environmental, and cultural factors that influence a youth’s development and functioning including underlying driving forces or unmet needs that are expressed through challenging behavior that a youth is exhibiting.

(5) “Care coordination” means efforts by day treatment programs to work jointly with other service systems and agencies, including schools, corrections, child welfare, substance use disorder treatment, and mental and physical health providers, in order to enhance services and supports and reduce barriers to service delivery.

(6) “Chemical restraint” means any medication or substance that may decrease a youth’s independent functioning and that is not administered pursuant to a current treatment plan.

(7) “Client” means a youth receiving mental health day treatment services from a program.

(8) “Clinical collaboration” means a joint intellectual and clinical effort by mental health professionals, intended to produce therapeutic benefits and favorable outcomes.

(9) “Clinical supervision” means the process described in s. DHS 40.10 (5).

(10) “Community-based program” means a program providing mental health day treatment services for youth in a facility that is not affiliated with a hospital.

(11) “Co-occurring disorder” means any combination of both a mental health disorder and a substance use disorder.

(12) “Crisis response services” means written policies and procedures for identifying risk of suicidal ideation, attempted suicide, or risk of harm to self or others.

(13) “Cultural responsiveness” means the process by which staff engage respectfully and effectively with a youth or legal representative of all cultures, languages, classes, races, ethnic backgrounds, disabilities, religions, genders, sexual orientations, and other diversity factors in a manner that does all of the following:

(a) Recognizes, affirms, and values the worth of youth, families and communities.

(b) Protects and preserves the dignity of youth, families and communities.

(c) Provides choices for action that are aligned with the context and preferences that derive from their culture and worldview.

(14) “Deficiency” means a failure to meet a requirement of this chapter.

(15) “Department” means the Wisconsin department of health services.

(16) “Educational service” means a program provided by a local education agency that has a unique identification code assigned by the Wisconsin department of public instruction and that provides or directly supervises PK-12 services.

(17) “Evidence-based practice” means a practice, such as a systemic decision-making process or a service that has been shown, through available scientific evidence, to consistently improve measurable client outcomes.

(18) “Family-driven care” means care that facilitates involvement by family and legal representatives in a youth’s care, in order to improve outcomes.

(18m) “Functionally equivalent” means a service provided via telehealth where the transmission of information is of sufficient quality as to be the same level of service as an in-person visit. Transmission of voices, images, data, or video must be clear and understandable.

(19) “Gender-sensitive service” means a service that comprehensively addresses gender-related needs and fosters positive gender identity development.

(20) “Intensive hospital-based program” means a program providing mental health day treatment services for youth with an acute level of need. This setting is meant to support youth with severe symptomology who need closer supervision.

(21) “Legal representative” means any of the following:

(a) A guardian of the person, as defined under s. 54.01 (12), Stats.

(b) An adult client’s health care agent, as defined in s. 155.01 (4), Stats.

(c) A parent of a minor, as defined in s. 48.02 (13), Stats., a guardian, as defined in s. 48.02 (8), Stats., or a legal custodian, as defined in s. 48.02 (11), Stats.

(d) Any other individual or entity with legal authority to represent the client.

(22) “Licensed treatment professional” means any of the following, whose license is in good standing at the time of practice:

(a) A physician licensed under s. 448.03 (1) (a), Stats., who has completed a residency in psychiatry.