Chapter DOC 394

Chapter DOC 394

TYPE 2 CHILD CARING INSTITUTIONS

DOC 394.01   Authority and purpose.

DOC 394.02   Applicability.

DOC 394.03   Definitions.

DOC 394.04   Designation as a type 2 CCI.

DOC 394.05   Maintaining designation.

DOC 394.06   Violation of designation requirements.

DOC 394.07   Notification to youth.

DOC 394.08   Escape.

DOC 394.09   Use of physical force.

DOC 394.10   Mechanical restraints.

Ch. DOC 394 Note Note: This chapter applies to the Department of Corrections and the Department of Children and Families according to their respective responsibilities as designated in ch. 938, Stats., until such time as each of the departments can adopt separate rules.

DOC 394.01 DOC 394.01 Authority and purpose. This chapter is promulgated under the authority of ss. 227.11 (2), 301.08 (1) and 938.539 (6), Stats., to provide rules for treatment of youth in a type 2 CCI.

DOC 394.01 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 394.02 DOC 394.02 Applicability. This chapter applies to the department, county departments, CCIs and to youth placed under the county supervision by a court under s. 938.34 (4d), Stats.

DOC 394.02 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 394.03 DOC 394.03 Definitions. In this chapter:

DOC 394.03(1) (1) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

DOC 394.03(2) (2) “Bodily injury” means physical pain or injury, illness or any impairment of physical condition.

DOC 394.03(3) (3) “Corporal punishment” means the intentional infliction of physical pain as a means of discipline.

DOC 394.03(4) (4) “County agent” means a person, or that person’s designee, employed by the county, who provides community supervision for a youth and who is authorized to make decisions regarding community supervision matters.

DOC 394.03(5) (5) “Day” means a calendar day.

DOC 394.03(6) (6) “Department” means the department of corrections.

DOC 394.03(7) (7) “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 mechanical restraints or physical force.

DOC 394.03(8) (8) “Mechanical restraint” means a commercially manufactured device approved by the department and applied to a youth’s wrist, arm, legs or torso to restrain or impede free movement.

DOC 394.03(9) (9) “Reasonably believe” means that the actor believes that a certain fact exists and such belief under the circumstances is reasonable even though the belief may be erroneous.

DOC 394.03(10) (10) “Staff” means the employees of a child caring institution that is designated by the department as a type 2 CCI.

DOC 394.03(11) (11) “Supervisor” means a CCI staff person responsible for the supervision of type 2 CCI staff and program services in a type 2 CCI.

DOC 394.03(12) (12) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

DOC 394.03(13) (13) “Type 2 CCI” means a type 2 child caring institution which has the meaning given in s. 938.02 (19r), Stats.

DOC 394.03(14) (14) “Type 2 status” means the status of a youth who is placed by a court in a type 2 CCI, or who, having been so placed, is placed in a less restrictive placement under s. 938.357 (4) (c) 2., Stats., is under the supervision and control of the county department, is subject to the rules and discipline of the county department and is considered to be in custody, as defined in s. 946.42 (1) (a), Stats.

DOC 394.03(15) (15) “Youth” means a person under the supervision of a county department under s. 938.34 (4d), Stats.

DOC 394.03 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 394.04 DOC 394.04 Designation as a type 2 CCI. To be designated by the department as a type 2 CCI, a CCI shall apply to the department for designation as a type 2 CCI by meeting the following requirements:

DOC 394.04(1) (1) Agree to abide by the provisions of this chapter and type 2 CCI policies and procedures that the facility agrees to by contract with the department or a county department.

DOC 394.04(2) (2) Obtain approval of the department of health and family services to operate a CCI and a type 2 CCI and abide by the rules, policies and procedures of the department of health and family services.

DOC 394.04(3) (3) Require staff who are authorized to use physical force and mechanical restraints on a type 2 status youth to complete a training program and periodic retraining approved by the department. Training shall include incident prevention and de-escalation and the safe and correct use of physical and mechanical restraints. Evidence of successful completion of training shall be retained in staff personnel files.

DOC 394.04(4) (4) Develop and maintain policies and procedures specific to type 2 status youth as required by the department and the department of health and family services, including policies and procedures for notifying type 2 status youth under s. DOC 394.07.

DOC 394.04 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 394.05 DOC 394.05 Maintaining designation. To maintain designation by the department as a type 2 CCI, a CCI shall continue to meet the requirements of s. DOC 394.04.

DOC 394.05 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 394.06 DOC 394.06 Violation of designation requirements.

DOC 394.06(1) (1) If the department of health and family services cites a type 2 CCI for a violation of standards, the type 2 CCI shall notify the designated department contact person within 48 hours of receiving the citation, excluding weekends and legal holidays, and send a copy of the written citation to the department within 3 days of receiving the citation.

DOC 394.06(2) (2) If the department of health and family services withdraws its approval for the operation of a CCI or its approval to operate a type 2 CCI, the department shall withdraw the CCIs type 2 CCI designation.

DOC 394.06(3) (3) If a type 2 CCI violates a provision of this chapter or a contract provision under s. DOC 394.04 (1), the department may take one or more of the following actions:

DOC 394.06(3)(a) (a) Send the type 2 CCI a written notice of the violation and require the type 2 CCI to correct the violation within a specified period of time.

DOC 394.06(3)(b) (b) Remove the CCIs type 2 CCI designation and send notice of the removal to the juvenile courts, county departments, and department of health and family services.

DOC 394.06(4) (4) A type 2 CCI may appeal a department decision under sub. (2) or (3) by filing an appeal with the division of hearings and appeals in the department of administration under ch. 227, Stats., in the manner specified by the division of hearings and appeals.

DOC 394.06 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (3) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

DOC 394.07 DOC 394.07 Notification to youth.

DOC 394.07(1) (1) Required notification. A county agent shall notify a type 2 status youth at or prior to intake, and a supervisor or designee of the type 2 CCI shall notify type 2 status youth at intake of all of the following:

DOC 394.07(1)(a) (a) The rules of the type 2 CCI that the youth is to follow, and the possible consequences if the youth violates a rule, including placement in a type 1 secured correctional facility for up to 10 days without a hearing.

DOC 394.07(1)(b) (b) The definition of escape and the possible consequences of escape, including placement in a type 1 secured correctional facility for up to 10 days without a hearing.

DOC 394.07(1)(c) (c) The procedure that the type 2 CCI and the county department will follow in the event of an alleged rules violation or escape, including the youth’s rights to request review of an allegation or a decision by the type 2 CCI or the county department.

DOC 394.07(2) (2) Acknowledgment. A type 2 CCI shall have a youth acknowledge in writing that he or she has been notified of the items in sub. (1) and understands the notification. A copy of the acknowledgment, or if the youth refuses to acknowledge, a report of the notification, shall be placed in the youth’s file.

DOC 394.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.