Chapter DCF 81

DCF 81.01(1) (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.

DCF 81.01(2) (2) Through this chapter the department seeks to achieve the following goals:

DCF 81.01(2)(a) (a) Provide a community-based option for youth who have been adjudicated delinquent.

DCF 81.01(2)(b) (b) Maintain public safety and youth accountability through supervision and sanctions appropriate to the needs and requirements of youth in the program.

DCF 81.01(2)(c) (c) Provide the necessary treatment, services, discipline and supervision to help youth and family make meaningful, positive, changes in their lives.

DCF 81.01(2)(d) (d) Encourage a crime-free lifestyle for youth in the program.

DCF 81.01(2)(e) (e) Involve every youth in education or vocational training or employment.

DCF 81.01 History 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 81.02 DCF 81.02 Applicability. 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.

DCF 81.02 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DCF 81.03 DCF 81.03 Definitions. In this chapter:

DCF 81.03(1) (1) “Assigned caseworker” means a county department staff member or designee responsible for the case plan, case management, and decision making.

DCF 81.03(2) (2) “Caretaker” means another person besides a parent who is providing care to a youth.

DCF 81.03(3) (3) “County department” means the county department under s. 46.215, 46.22 or 46.23, Stats.

DCF 81.03(4) (4) “Department” means the department of children and families.

DCF 81.03(5) (5) “Electronic monitoring device” means an electronic device used to monitor the youth’s location.

DCF 81.03(6) (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.

DCF 81.03(7) (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.

DCF 81.03(8) (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.

DCF 81.03(9) (9) “Parent” has the meaning given in s. 938.02 (13), Stats.

DCF 81.03(10) (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.

DCF 81.03(11) (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.

DCF 81.03 History 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 81.04 DCF 81.04 Program requirements.

DCF 81.04(1) (1) General. A county department electing to provide or purchase ISP services shall meet the requirements in this section.

DCF 81.04(2) (2) Referral and screening process.

DCF 81.04(2)(a) (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:

DCF 81.04(2)(a)1. 1. The likelihood that a youth would present a physical danger to self or to others if living in the community.

DCF 81.04(2)(a)2. 2. The availability of a suitable living arrangement for the youth within the community.

DCF 81.04(2)(a)3. 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.

DCF 81.04(2)(a)4. 4. The ability of the community to provide treatment and other needs of the youth.

DCF 81.04(2)(b) (b) Referral and screening shall take place before the report under s. 938.33 (1), Stats., is submitted to the court.

DCF 81.04(3) (3) Participant rights. A county department shall make reasonable efforts to ensure that a youth, while participating in the program:

DCF 81.04(3)(a) (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.

DCF 81.04(3)(b) (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.

DCF 81.04(3)(c) (c) Is provided with translators if the youth’s ability to speak, understand, read, or write English is limited.

DCF 81.04(3)(d) (d) Is protected from abuse or neglect by program service providers.

DCF 81.04(3)(e) (e) Is involved in planning for his or her treatment.

DCF 81.04(3)(f) (f) Has access to the courts.

DCF 81.04(3)(g) (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.

DCF 81.04(3)(h) (h) Has access to county department and community programs and services consistent with the protection of the public.

DCF 81.04(3)(i) (i) Has his or her educational, vocational, drug or alcohol abuse, mental health, and other treatment needs addressed by the ISP case plan.

DCF 81.04(3)(j) (j) May participate in authorized recreational, leisure time, and religious activities.

DCF 81.04(4) (4) Statement describing goals, services, and case plan components.

DCF 81.04(4)(a) (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.

DCF 81.04(4)(b) (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.

DCF 81.04(4)(c) (c) Services.

DCF 81.04(4)(c)1. 1. A written description shall include assurances that an individual youth and the youth’s family will receive the following services, if needed:

DCF 81.04(4)(c)1.a. a. School tutoring and other educational services.

DCF 81.04(4)(c)1.b. b. Vocational training and counseling.

DCF 81.04(4)(c)1.c. 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.

DCF 81.04(4)(c)1.d. d. Family-focused services and family counseling.

DCF 81.04(4)(c)1.e. e. Employment services.

DCF 81.04(4)(c)1.f. f. Recreational opportunities.

DCF 81.04(4)(c)1.g. g. Assistance with independent living skills and arrangements.

DCF 81.04(4)(c)2. 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:

DCF 81.04(4)(c)2.a. a. Day treatment or alternative school programs.

DCF 81.04(4)(c)2.b. b. Restitution programs.

DCF 81.04(4)(c)2.c. c. Interpersonal skills training.

DCF 81.04(4)(c)2.d. d. Discipline training including anger and impulse control.

DCF 81.04(4)(c)2.e. e. Problem-solving and decision-making skills training for youth.

DCF 81.04(4)(c)2.f. f. Training for parents, including discipline management skills, communication skills and interpersonal skills.

DCF 81.04(4)(c)2.g. g. Health-related care.

DCF 81.04(4)(c)3. 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.

DCF 81.04(4)(d) (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.

DCF 81.04(5) (5) Case plan requirements. A youth in an ISP shall have a case plan that specifies the following:

DCF 81.04(5)(a) (a) The goals for the youth and family for the time the youth is in the ISP.

DCF 81.04(5)(b) (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.

DCF 81.04(5)(c) (c) The number and frequency of supervisory contacts that the youth shall receive.

DCF 81.04(5)(d) (d) The estimated time the youth and his or her family will participate in the program.

DCF 81.04(5)(e) (e) The rules and conditions of the youth’s participation in the program, including the following:

DCF 81.04(5)(e)1. 1. Avoiding of any conduct that violates a federal, state or municipal law.

DCF 81.04(5)(e)2. 2. Reporting any contact with the police to ISP staff within 12 hours.

DCF 81.04(5)(e)3. 3. Reporting any arrest or citation to ISP staff immediately.

DCF 81.04(5)(e)4. 4. Cooperating with ISP staff and fully participating in all aspects of the case plan.

DCF 81.04(5)(e)5. 5. Following all curfews established by ISP staff.

DCF 81.04(5)(e)6. 6. Attending all scheduled educational and vocational programs.

DCF 81.04(5)(e)7. 7. Following his or her daily appointment schedule with ISP staff.

DCF 81.04(5)(e)8. 8. Obtaining advance permission from the lead caseworker to travel outside the state.

DCF 81.04(5)(e)9. 9. Cooperating with electronic monitoring procedures and refraining from altering, damaging, or interfering in any way with the operation of the electronic monitoring equipment.

DCF 81.04(5)(e)10. 10. Refraining from using or possessing any drug, item, or substance which is illegal to possess, or any prescription drugs except as prescribed for the youth by a licensed health care provider.

DCF 81.04(5)(e)11. 11. Refraining from purchasing, owning, carrying or possessing a firearm, knife, or other weapon, or ammunition, without the advance written permission of an ISP caseworker. The ISP caseworker may not grant a youth permission to possess a firearm if the youth is prohibited from possessing a firearm under state or federal law.

DCF 81.04(5)(e)12. 12. Agreeing to submit to any test ordered by the ISP caseworker that is permitted under law, including but not limited to, urinalysis, breathalyzer and blood tests.

DCF 81.04(5)(e)13. 13. Complying with any special rules issued by ISP staff including, but not limited to, rules relating to companions, medical and dental appointments, counseling, therapy or other mental health appointments, family responsibilities, court-ordered restitution, participation in community service, educational and vocational programs, job seeking and job attendance, purchasing, trading, selling, or operating a motor vehicle, and borrowing money or making a purchase on credit.

DCF 81.04(5)(f) (f) The consequences for violation of a rule or condition, may include, but are not limited to:

DCF 81.04(5)(f)1. 1. Counseling and a warning.

DCF 81.04(5)(f)2. 2. Changing one or more of the rules or provisions of the youth’s case plan.

DCF 81.04(5)(f)3. 3. Placing the youth in a secure detention facility for not more than 72 hours.

DCF 81.04(5)(f)4. 4. Placing the youth in non-secure custody under s. 938.534, Stats., for not more than 30 days as a crisis intervention if the youth is in need of crisis intervention.