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Chapter DCF 81
INTENSIVE SUPERVISION PROGRAM
DCF 81.01   Authority and purpose.
DCF 81.02   Applicability.
DCF 81.03   Definitions.
DCF 81.04   Program requirements.
DCF 81.05   Placement in non-secure or secure detention.
DCF 81.06   Right to hearing in secure detention.
DCF 81.07   Duration of program.
Note: Chapter HSS 348 as it existed on June 30, 2000 was repealed and a new Chapter DOC 398 was created, Register, June, 2000, No. 534, effective July 1, 2000.
Note: Chapter DOC 398 was renumbered chapter DCF 81 under s. 13.92 (4) (b) 1., Stats., Register December 2015 No. 720.
DCF 81.01Authority and purpose.
(1) This chapter is promulgated under the authority of ss. 227.11 (2), 938.485 (5), and 938.534 (2), Stats., and 2015 Wisconsin Act 55, section 9108 (1) (h), to provide rules specifying the requirements for an intensive supervision program for youth who have been ordered by a court under s. 938.34 (2r), Stats., to participate in an intensive supervision program.
(2) Through this chapter the department seeks to achieve the following goals:
(a) Provide a community-based option for youth who have been adjudicated delinquent.
(b) Maintain public safety and youth accountability through supervision and sanctions appropriate to the needs and requirements of youth in the program.
(c) Provide the necessary treatment, services, discipline and supervision to help youth and family make meaningful, positive, changes in their lives.
(d) Encourage a crime-free lifestyle for youth in the program.
(e) Involve every youth in education or vocational training or employment.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.
DCF 81.02Applicability. This chapter applies to the department, county departments under s. 46.215, 46.22 or 46.23, Stats., and youth who have been adjudicated delinquent and ordered under s. 938.34 (2r), Stats., to participate in an intensive supervision program.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DCF 81.03Definitions. In this chapter:
(1) “Assigned caseworker” means a county department staff member or designee responsible for the case plan, case management, and decision making.
(2) “Caretaker” means another person besides a parent who is providing care to a youth.
(3) “County department” means the county department under s. 46.215, 46.22 or 46.23, Stats.
(4) “Department” means the department of children and families.
(5) “Electronic monitoring device” means an electronic device used to monitor the youth’s location.
(6) “Intensive supervision” means a community based comprehensive program providing a youth and the youth’s family with the treatment and services necessary for holding the youth accountable and preventing institutional placement.
(7) “Intensive surveillance” means monitoring a youth’s activities through frequent face-to-face contacts, electronic monitoring, and collateral contacts, which include contacts with school personnel, employers, therapists, and relatives.
(8) “ISP” or “intensive supervision program” means the program under s. 938.534, Stats., that provides intensive surveillance and community-based treatment services for youth and their families.
(9) “Parent” has the meaning given in s. 938.02 (13), Stats.
(10) “Secure detention facility” means a locked facility approved by the department of corrections under s. 301.37, Stats., for the secure, temporary confinement of a youth.
(11) “Youth” means a person who has been adjudicated delinquent and ordered by a court under s. 938.34 (2r), Stats., to participate in the intensive supervision program.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (4), (10) made under s. 13.92 (4) (b) 6., Stats., and correction in (7) made under s. 35.17, Stats., Register December 2015 No. 720.
DCF 81.04Program requirements.
(1)General. A county department electing to provide or purchase ISP services shall meet the requirements in this section.
(2)Referral and screening process.
(a) A county department shall develop a written referral and screening process for youth for whom the ISP may be recommended to the court under s. 938.33 (1), Stats. Criteria for participation include:
1. The likelihood that a youth would present a physical danger to self or to others if living in the community.
2. The availability of a suitable living arrangement for the youth within the community.
3. The willingness of the youth and the youth’s family or other adult with whom the youth will reside to participate in the ISP and comply with the rules and conditions of the program.
4. The ability of the community to provide treatment and other needs of the youth.
(b) Referral and screening shall take place before the report under s. 938.33 (1), Stats., is submitted to the court.
(3)Participant rights. A county department shall make reasonable efforts to ensure that a youth, while participating in the program:
(a) Is free from discrimination based on race or ethnicity, color, religion, sex, national origin, or any other category protected by federal or state law while receiving program services.
(b) Is provided with accessible and usable services, and any reasonable accommodations or auxiliary aids and services needed to benefit from treatment and other programs.
(c) Is provided with translators if the youth’s ability to speak, understand, read, or write English is limited.
(d) Is protected from abuse or neglect by program service providers.
(e) Is involved in planning for his or her treatment.
(f) Has access to the courts.
(g) May visit, use the mail and communicate with family members and an attorney within reasonable guidelines while in secure detention or other out-of-home placement.
(h) Has access to county department and community programs and services consistent with the protection of the public.
(i) Has his or her educational, vocational, drug or alcohol abuse, mental health, and other treatment needs addressed by the ISP case plan.
(j) May participate in authorized recreational, leisure time, and religious activities.
(4)Statement describing goals, services, and case plan components.
(a) Required written description. A county department shall develop a written description of its ISP that shall include identification of goals, assurances of service availability, and specification of case plan components.
(b) Program goals. Goals shall be identified based on assessed strengths and needs of youth in the program and their families and may include reduction of recidivism, increased participation in educational or vocational programming, participation in treatment, and avoidance of a more restrictive placement.
(c) Services.
1. A written description shall include assurances that an individual youth and the youth’s family will receive the following services, if needed:
a. School tutoring and other educational services.
b. Vocational training and counseling.
c. Alcohol and other drug abuse outpatient treatment and education. Programs used to treat alcohol or drug abuse by youth shall be certified by the department of health services under ch. DHS 61.
d. Family-focused services and family counseling.
e. Employment services.
f. Recreational opportunities.
g. Assistance with independent living skills and arrangements.
2. A written description shall address the availability and accessibility of other community services that a youth and the youth’s family may need, such as:
a. Day treatment or alternative school programs.
b. Restitution programs.
c. Interpersonal skills training.
d. Discipline training including anger and impulse control.
e. Problem-solving and decision-making skills training for youth.
f. Training for parents, including discipline management skills, communication skills and interpersonal skills.
g. Health-related care.
3. A written description shall identify the manner in which a youth and the youth’s family will obtain or have access to needed services.
(d) Case plan. A written description shall provide assurances that a case plan under sub. (5) shall be developed for each youth and his or her family, and will be filed with the court within 30 days of the dispositional order.
(5)Case plan requirements. A youth in an ISP shall have a case plan that specifies the following:
(a) The goals for the youth and family for the time the youth is in the ISP.
(b) The community-based treatment services and educational, vocational, employment and other programs that are expected to be used to meet the needs of the youth and family.
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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.