Chapter DHS 50

DHS 50.02(8) (8) “Division” means the division of care and treatment services.

DHS 50.02(9) (9) “Facility” means the physical site where the YCSF program is located. “Facility” is limited to the space used by the program.

DHS 50.02(10) (10) “Family” means a youth’s relatives and others who are considered family by the youth and the youth’s culture.

DHS 50.02(10m) (10m) “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.

DHS 50.02(11) (11) “Group services” means services delivered in a group setting of two or more youth.

DHS 50.02(12) (12) “Individual services” means services delivered by staff to a youth or family.

DHS 50.02(13) (13) “Legal representative” means any of the following:

DHS 50.02(13)(a) (a) A guardian of the person, as defined under s. 54.01 (12), Stats.

DHS 50.02(13)(b) (b) A parent of a minor, as defined in s. 48.02 (13), Stats., a guardian of a minor, as defined in s. 48.02 (8), Stats., or a legal custodian of a minor, as defined in s. 48.02 (11), Stats.

DHS 50.02(14) (14) “Licensed treatment professional” means any of the following, who is practicing under a currently valid training or temporary license or certificate, except an individual whose license or certificate is suspended, revoked, or voluntarily surrendered, or whose license or certificate is limited or restricted, when practicing in areas prohibited by the limitation or restriction:

DHS 50.02(14)(a) (a) An individual licensed as a physician under s. 448.03, Stats., who has completed a residency in psychiatry.

DHS 50.02(14)(b) (b) A psychologist or a private practice school psychologist licensed under ch. 455, Stats.

DHS 50.02(14)(c) (c) A marriage and family therapist licensed under s. 457.10 or 457.11, Stats.

DHS 50.02(14)(d) (d) A professional counselor licensed under s. 457.12 or 457.13, Stats.

DHS 50.02(14)(e) (e) An advanced practice social worker granted a certificate under s. 457.08 (2), Stats.

DHS 50.02(14)(f) (f) An independent social worker licensed under s. 457.08 (3), Stats.

DHS 50.02(14)(g) (g) A clinical social worker licensed under s. 457.08 (4), Stats.

DHS 50.02(15) (15) “Major deficiency” means a determination made by the department that any of the following have occurred:

DHS 50.02(15)(a) (a) A YCSF has repeatedly or substantially failed to meet one or more requirements of this chapter.

DHS 50.02(15)(b) (b) An action, condition, policy, or practice of the YCSF or the conduct of its staff created a risk of harm to a youth or violates a youth’s right created by this chapter or other state or federal statutes or rules, including any of the following:

DHS 50.02(15)(b)1. 1. A YCSF staff member had sexual contact, as defined in s. 940.225 (5) (b), Stats., or sexual intercourse, as defined in s. 940.225 (c), Stats., with a youth.

DHS 50.02(15)(b)2. 2. A YCSF staff member was convicted of abuse under s. 940.285, 940.29 or 940.295, Stats.

DHS 50.02(15)(b)3. 3. A YCSF staff member’s acts or omissions placed the health or safety of a youth in imminent danger.

DHS 50.02(15)(c) (c) A YCSF submits or causes to be submitted one or more false statements for purposes of obtaining certification under this chapter.

DHS 50.02(15)(d) (d) A YCSF engaged in fraud or willful misrepresentation within the meaning of s. DHS 108.02 (9) (d). Willful misrepresentation under this paragraph does not include the signing of a claim for reimbursement by an authorized representative of a YCSF who did not perform the service for which reimbursement is claimed, if the individual who performed the service was qualified to do so under this chapter and was on the YCSF’s staff when the services were performed.

DHS 50.02 Note Note: The department may withhold Medical Assistance (MA) payments, in whole or in part, as provided in s. DHS 108.02 (9) (d) 1. A provider is entitled to a hearing under s. DHS 106.12.

DHS 50.02(15)(e) (e) A YCSF staff member has a substantiated finding of caregiver misconduct as identified in ch. DHS 13.

DHS 50.02(16) (16) “Mechanical restraint” means any physical device, used for the purpose of limiting or controlling a youth’s movement, except that the procedures in s. DHS 50.12 (4) (e) 1. to 2. are not mechanical restraints.

DHS 50.02(17) (17) “Parent” means any biological, foster, or adoptive parents who are legally recognized as a youth’s parent and legally responsible for the youth’s welfare.

DHS 50.02(18) (18) “Physical restraint” means any manual method, such as a basket hold, or a mechanical device that the individual cannot remove easily and that is intended to limit independent functioning, restrict the freedom of movement or normal range of motion of one or more limbs or the entire body, but not including any of the following:

DHS 50.02(18)(a) (a) Mechanical supports used to enhance independent functioning or achieve proper body position, balance, or alignment, such as arm splints to reduce contractures or leg braces to support the legs while standing or walking.

DHS 50.02(18)(b) (b) Physical guidance and prompting techniques of brief duration.

DHS 50.02(19) (19) “Program” means a YCSF’s treatment and services component.

DHS 50.02(19g) (19g) “Signature” or “signed” means a signature that meets the requirements in s. 990.01 (38), Stats.

DHS 50.02(19r) (19r) 

DHS 50.02(19r)(a) (a) “Telehealth” means the use of telecommunications technology by a certified provider to deliver services allowable under this chapter, s. DHS 107.02 (5), and ss. 49.45 (61) and 49.46 (2) (b) 21. to 23., Stats., including assessment, diagnosis, consultation, treatment, or transfer of medically relevant data in a functionally equivalent manner as that of an in-person contact.

DHS 50.02(19r)(b) (b) “Telehealth” may include real-time interactive audio-only communication.

DHS 50.02(19r)(c) (c) “Telehealth” does not include communication between a certified provider and a recipient that consists solely of an electronic mail, text, or facsimile transmission.

DHS 50.02(20) (20) “Trauma-informed” means a service, or the provision of a service, in a manner that demonstrates an understanding of, and attentiveness to, a youth’s trauma history and background and how those impact the youth’s treatment needs. Trauma-informed services recognize the impact of trauma on a youth’s behavior. Trauma-informed care prioritizes addressing and minimizing the impact of trauma in a youth’s life.

DHS 50.02(21) (21) “Youth” means an individual under the age of 18 who is being treated at, or seeking treatment from, a YCSF.

DHS 50.02(22) (22) “Youth crisis stabilization facility” or “YCSF” has the meaning given in s. 51.042(1)(b), Stats.

DHS 50.02 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) (f), (9), (12), (13) (a), (b), (15) (b) 1., (18) (a) made under s. 35.17, Stats., Register July 2020 No. 775; CR 23-053: cr. (10m), (19g), (19r) Register September 2023 No. 813, eff. 10-1-23.

DHS 50.03 DHS 50.03 Certification.

DHS 50.03(1) (1) General. No person or entity may operate a YCSF without successfully completing a background check verified by the Office of Caregiver quality and obtaining a certification from the department. A YCSF that has a certification from the department under this section is not subject to facility regulation under ch. 48, Stats.

DHS 50.03 Note Note: Information about obtaining a background check is available at: https://www.dhs.wisconsin.gov/caregiver/cbcprocess.htm.

DHS 50.03(2) (2) Application. A YCSF may apply for a certification by submitting all of the following application materials to the department at the address given on the application:

DHS 50.03(2)(a) (a) A completed application form.

DHS 50.03 Note Note: Application forms are available at https://www.dhs.wisconsin.gov/regulations/mentalhealth/certification.htm.

DHS 50.03(2)(b) (b) Payment for the application fee required under s. 51.04, Stats.,

DHS 50.03 Note Note: Fee information is available at https://www.dhs.wisconsin.gov/regulations/mentalhealth/certification.htm.

DHS 50.03(2)(c) (c) A program statement as specified under s. DHS 50.05.

DHS 50.03(2)(e) (e) A copy of the youth crisis stabilization facility’s policies and procedures, as specified under s. DHS 50.06.

DHS 50.03(2)(f) (f) A floor plan of the YCSF, specifying dimensions, exits, and planned room usage.

DHS 50.03(2)(g) (g) All inspection reports completed during the last 12 months as defined in ss. DHS 50.15 to 50.18.

DHS 50.03(2)(h) (h) Proof of building insurance, risk, and liability insurance, and agency-owned vehicle insurance if transporting youth.

DHS 50.03(2)(i) (i) Payment of any forfeitures, fees, or assessments related to any licenses or certifications issued by the department to the applicant, or a written statement signed by an authorized representative stating that no fees, forfeitures, assessments are owed.

DHS 50.03(2)(j) (j) Any other applicable fees.

DHS 50.03(2)(k) (k) Any additional information requested by the department.

DHS 50.03(3) (3) Compliance review. Upon receipt of all completed application materials described in (2), the applicant shall permit the department to conduct an on-site inspection of the facility and a review of any documentation necessary to determine compliance with this chapter.

DHS 50.03(4) (4) Certification Determination.

DHS 50.03(4)(a) (a) The department shall make a certification determination within 60 days of receiving all completed application materials.

DHS 50.03(4)(b) (b) If the department does not approve the YCSF’s program statement or determines that an applicant does not comply with the requirements of this chapter, the department may deny the certification. A denial of certification shall be in writing and shall contain the reason for the denial and notice of opportunity for a hearing under s. 227.42, Stats.

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.