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DHS 50.03(4)(c) (c) The department may limit the number of certificates issued pursuant to s. 51.042 (2) (a), Stats.
DHS 50.03(5) (5)Notification of changes. A YCSF that has received certification from the department shall notify the department of any change of administration, ownership, program name, or any other change that may affect compliance with this chapter before the effective date of the change. A certification is non-transferable. A new application will be required if the department determines there is a substantial change in the YCSF.
DHS 50.03(6) (6)Duration of certification.
DHS 50.03(6)(a) (a) A certification is valid until suspended or terminated by the department.
DHS 50.03(6)(b) (b) A certification becomes invalid upon non-payment of biennial fees.
DHS 50.03(6)(c) (c) A certification becomes invalid upon suspension or termination by the department.
DHS 50.03(6)(d) (d) A certification may be suspended or terminated under sub. (10).
DHS 50.03(7) (7)Biennial report and fees.
DHS 50.03(7)(a) (a) Every 24 months, by the date of renewal, the program shall submit a biennial report on the form provided by the department, and shall submit payment of certification continuation fees for the purpose of renewing certification of the program for two years.
DHS 50.03(7)(b) (b) The department will send the re-certification materials to the provider, which the provider is expected to fill out and submit to the department according to instructions provided.
DHS 50.03(7)(c) (c) A certification will be suspended or terminated if biennial reports are not submitted prior to the end of the biennial cycle.
DHS 50.03(8) (8)YCSF inspections. The YCSF shall permit unannounced, on-site inspections of the site by the department to conduct program reviews, complaint investigations involving any aspect of the YCSF, death investigations, or to determine a YCSF's progress in correcting a deficiency cited by the department. The department may use a random selection process for reviewing client records during program reviews. Complaint-driven program reviews shall include the records related to the complaint and may include additional records and interviews.
DHS 50.03(9) (9)Notice of deficiencies.
DHS 50.03(9)(a) (a) If the department determines that a YCSF has a deficiency, the department shall issue a notice of deficiency to the YCSF within 10 business days. The notice of deficiency may place restrictions on the YCSF or its activities, or suspend or terminate the YCSF's certification, pursuant to sub. (10).
DHS 50.03(9)(b) (b) The YCSF shall submit a plan of correction to the department within 10 business days as indicated in the notice of deficiency. The plan of correction shall propose the specific steps the YCSF will take to correct the deficiency, the timelines within which the corrections will be made, and the licensed professional staff members who will implement the plan and monitor for future compliance.
DHS 50.03(9)(c) (c) If the department determines that the plan of correction submitted by the YCSF does not adequately address the deficiencies listed in the notice of deficiency, the department may request a new plan of correction from the YCSF or may impose a plan of correction.
DHS 50.03(10) (10)Termination and suspension of certification.
DHS 50.03(10)(a) (a) The department may terminate certification at any time for major deficiency by issuing a notice of termination to the YCSF. The notice shall specify the reason for the department action and the appeal information under sub. (11).
DHS 50.03(10)(b) (b) The department may suspend a YCSF's certification if the department determines that immediate action is required to protect the health, safety, and welfare of youth. Written notice of suspension shall specify the reason for the department action and the date the action becomes effective. Within 10 business days after the order is issued, the department shall either lift or impose conditions on the suspension of the YCSF's certification or proceed to terminate the YCSF's certification.
DHS 50.03(11) (11)Appeals.
DHS 50.03(11)(a)(a) If the department denies, suspends, or terminates certification, or imposes conditions on a certification, the YCSF may request a hearing under ch. 227, Stats.
DHS 50.03(11)(b) (b) An applicant for YCSF certification does not have a right to appeal when all of the following apply:
DHS 50.03(11)(b)1. 1. The issue is the denial of the application for certification.
DHS 50.03(11)(b)2. 2. The department has determined to limit the number of YCSFs statewide.
DHS 50.03(11)(b)3. 3. The addition of the facility would exceed the limit determined by the department.
DHS 50.03 History History: EmR1922: emerg. cr., eff. 11-2-19; CR 19-077: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (2) (g), (6) (d), (9) (a), (10) (a) made under s. 35.17, Stats., Register July 2020 No. 775.
DHS 50.04 DHS 50.04 Variance and waiver.
DHS 50.04(1)(1)In this section:
DHS 50.04(1)(a) (a) “Variance" means an alternate means of meeting a requirement in this chapter.
DHS 50.04(1)(b) (b) “Waiver" means an exemption from a requirement of this chapter.
DHS 50.04(2) (2) The department may grant a waiver or variance if the department determines that the proposed waiver or variance will not diminish the effectiveness of the services provided and will not jeopardize the health, safety, welfare, or rights of any youth. The department may specify a timeframe or time limit for the waiver. A request for a variance or waiver must be submitted on a form provided by the department.
DHS 50.04 Note Note: A variance and waiver request form is available by accessing https://www.dhs.wisconsin.gov/library/f-60289.htm.
DHS 50.04(3) (3) The department may rescind or limit a waiver or variance at any time by notifying the YCSF, if any of the following occurs:
DHS 50.04(3)(a) (a) The department determines the waiver or variance has adversely affected or is likely to adversely affect the health, safety or welfare of the youths.
DHS 50.04(3)(b) (b) The YCSF fails to comply with any of the conditions of the waiver or variance as granted.
DHS 50.04(4) (4)The department shall inform a YCSF in writing if it rescinds or limits a waiver or variance.
DHS 50.04 History History: EmR1922: emerg. cr., eff. 11-2-19; CR 19-077: cr. Register July 2020 No. 775, eff. 8-1-20.
DHS 50.05 DHS 50.05 Program Statement. A program statement shall contain all of the following:
DHS 50.05(1) (1)A description of how the YCSF fits into a continuum of care for youth crisis stabilization and treatment services.
DHS 50.05(2) (2) A description of services the program intends to provide, including all of the following:
DHS 50.05(2)(a) (a) Referral and screening procedures.
DHS 50.05(2)(b) (b) Intake procedures, including medication review.
DHS 50.05(2)(c) (c) Assessment and treatment planning, including assessment of risk factors and safety planning for youth.
DHS 50.05(2)(d) (d) Treatment services, including crisis prevention and emotional regulation, including, if applicable, a description of any services that will be delivered in a group setting.
DHS 50.05(2)(e) (e) Care coordination.
DHS 50.05(2)(f) (f) Discharge planning, including any linkages and follow-up.
DHS 50.05(3) (3) A description of the therapeutic environment the program proposes to create, its intended therapeutic benefits, and the rationale supporting its use for the youth served by the YCSF. This description shall include:
DHS 50.05(3)(a) (a) Any evidence-based practices and other services to be implemented at the YCSF. The description should include a rationale for how the services will help the youth population achieve and sustain positive outcomes.
DHS 50.05(3)(b) (b) A plan for coordination of any services that will be provided through outside providers, including with any of a youth's current providers.
DHS 50.05(4) (4) A description of how the YCSF and its services are trauma-informed, strengths-based, and culturally responsive.
DHS 50.05(5) (5) A description of how the YCSF encourages involvement of families and caregivers in treatment planning and services, and involves individuals authorized to participate in the treatment planning and services.
DHS 50.05(6) (6) A description of the YCSF's process for communicating with a youth's school or educational setting and the measures it will take to facilitate a youth's ability to stay up to date in educational expectations.
DHS 50.05(7) (7) The proposed schedule of the program, including any times allocated for treatment, recreation, study time, and meals.
DHS 50.05(8) (8) The YCSF's proposal for meeting staffing level requirements in s. DHS 50.07, the qualifications and roles for each position, and an analysis showing that staffing is adequate to meet the needs of the youth that the program proposes to serve.
DHS 50.05(9) (9) A description of food service and how it will be provided, including at least three meals a day and snacks.
DHS 50.05(10) (10) A description of how the program will offer appropriate indoor and outdoor recreation activities.
DHS 50.05(11) (11) A description of methods used to evaluate services.
DHS 50.05 History History: EmR1922: emerg. cr., eff. 11-2-19; CR 19-077: cr. Register July 2020 No. 775, eff. 8-1-20.
subch. II of ch. DHS 50 Subchapter II - Program Requirements
DHS 50.06 DHS 50.06 Required Policies. A YCSF must have written policies and procedures for the following:
DHS 50.06(1) (1) Admission policy and criteria, including ages and gender of youth served, and how bedrooms will be allocated.
DHS 50.06(2) (2) Utilization review policy addressing determination of need and length of stay, frequency of review, and other utilization policy as needed. The YCSF is meant to be a short-term crisis stabilization facility. If utilization reviews show that a youth requires stabilization longer than a 30-day period, approval from the department must be obtained.
DHS 50.06 Note Note: Approval may be requested at: https://www.dhs.wisconsin.gov/mh/ycsf.htm.
DHS 50.06(3) (3) Policy on prescriber consulting relationships and processes to access consultation with a physician, psychiatrist, physician's assistant, or advanced practice nurse prescriber, to prescribe or consult on psychiatric medications of youths. This can include a youth's own provider.
DHS 50.06(4) (4) Policy on how medications will be stored, secured, managed, and administered, and which staff is responsible. A description of how medical conditions, if any, will be managed.
DHS 50.06(5) (5) Policy on medical emergencies.
DHS 50.06(6) (6) Policy on clinical supervision, per s. DHS 50.09.
DHS 50.06(7) (7) Policies for youths' personal possessions, communication devices including phones, electronics usage, room searches, or other applicable policies.
DHS 50.06(8) (8) Facility rules, provided to youth and staff.
DHS 50.06(9) (9) Where client records will be maintained and how confidentiality requirements of those records will be safeguarded, as required under s. DHS 50.14.
DHS 50.06(10) (10) Policy on how the YCSF will address safety concerns specific to the youth being served.
DHS 50.06(11) (11) Policy on emergency safety interventions. This policy must comply with s. DHS 50.12. It must specify alternative interventions, best practices, and how the YCSF plans to implement emergency safety interventions. If seclusion or restraint will be used, it must provide a description of how it will be handled procedurally and for seclusion where the intervention will occur.
DHS 50.06(11m) (11m) Policy on telehealth, including when telehealth can be used and by whom, patient privacy and information security considerations, and the right to decline services provided via telehealth.
DHS 50.06 History History: EmR1922: emerg. cr., eff. 11-2-19; CR 19-077: cr. Register July 2020 No. 775, eff. 8-1-20; CR 23-053: cr. (11m) Register September 2023 No. 813, eff. 10-1-23.
DHS 50.07 DHS 50.07 Personnel.
DHS 50.07(1)(1)Policies.
DHS 50.07(1)(a)(a) A YCSF shall have written personnel policies.
DHS 50.07(1)(b) (b) A YCSF shall maintain written documentation of employee qualifications and shall make that information available upon request for review by youths and their representatives or parents, and by the department.
DHS 50.07(2) (2)General qualifications.
DHS 50.07(2)(a) (a) Qualified staff shall comply with s. DHS 34.21 (3) (b) 1. to 19. and must follow current department of safety and professional services standards for licensure and scope of practice.
DHS 50.07(2)(b) (b) Peer specialists or parent peer specialists must be trained in accordance with s. DHS 34.21 (8) (a) to (d).
DHS 50.07(2)(c) (c) Each staff member shall have the professional certification, training, experience, and ability to carry out his or her assigned duties as documented through the following steps:
DHS 50.07(2)(c)1. 1. Each applicant must pass a state background check as provided in s. 50.065, Stats. and ch. DHS 12, before being allowed to work for the YCSF. If the applicant lived in another state, a background check shall be obtained from that state as well.
DHS 50.07(2)(c)2. 2. Programs shall comply with caregiver misconduct reporting and investigation requirements in ch. DHS 13.
DHS 50.07(2)(c)3. 3. Each staff responsible for transporting youth shall have a valid Wisconsin driver's license and a driving record free of any violations specified in ss. 346.62 or 346.63, Stats, in the past 12 months.
DHS 50.07 Note Note: For a state of Wisconsin background check, obtain the name, sex, race, and date of birth of the person about whom you are requesting the check. Information on the process and fees for a background check can be found online at https://www.dhs.wisconsin.gov/caregiver/cbcprocess.htm.
DHS 50.07(3) (3)Required personnel.
DHS 50.07(3)(a)(a) Program administrator. Each YCSF shall have a program administrator who is responsible for the overall YCSF operations and ensuring that the YCSF is in compliance with this chapter and other applicable state and federal laws.
DHS 50.07(3)(b) (b) Clinical coordinator. Each YCSF shall have a clinical coordinator who is responsible for the mental health services provided by the program and for ensuring that all staff members providing mental health services have the qualifications required for their roles in the program and comply with all requirements relating to assessment, treatment planning, service delivery, and service documentation. The clinical coordinator shall be qualified under s. DHS 34.21 (3) (b) 1. to 8. The program administrator may also serve as the clinical coordinator.
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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.