Chapter DHS 50

DHS 50.11   Program Components.

DHS 50.12   Emergency safety interventions.

DHS 50.13   Investigation, notification, and reporting requirements.

DHS 50.14   Client Rights.

Subchapter III – Facilities

DHS 50.15   General Requirements.

DHS 50.16   General safety precautions.

DHS 50.17   Fire safety.

DHS 50.18   Carbon monoxide detector.

subch. I of ch. DHS 50 Subchapter I – General Provisions and Requirements

DHS 50.01 DHS 50.01 Authority and purpose. This chapter is promulgated under the authority of ss. 51.042 (4), 51.42 (7) (b), and 227.11 (2) (a), Stats., for the purpose of creating certification to operate youth crisis stabilization facilities.

DHS 50.01 History History: EmR1922: emerg. cr., eff. 11-2-19; CR 19-077: cr. Register July 2020 No. 775, eff. 8-1-20.

DHS 50.02 DHS 50.02 Definitions.

DHS 50.02(1) (1) “Chemical restraint” means any drug, drug dosage, or drug regimen that may decrease a youth’s independent functioning, that is administered to control a youth’s behavior, and that is not prescribed to the youth for the treatment of a medical or psychiatric condition.

DHS 50.02(2) (2) “Clinical staff” means any of the following:

DHS 50.02(2)(a) (a) A psychiatrist with the qualifications stated in s. DHS 34.21 (3) (b) 1.

DHS 50.02(2)(b) (b) A psychologist with the qualifications stated in s. DHS 34.21 (3) (b) 2.

DHS 50.02(2)(c) (c) A psychology resident with the qualifications stated in s. DHS 34.21 (3) (b) 3.

DHS 50.02(2)(d) (d) A psychiatric resident with the qualifications stated in s. DHS 34.21 (3) (b) 4.

DHS 50.02(2)(e) (e) A certified independent clinical social worker with the qualifications stated in s. DHS 34.21 (3) (b) 5.

DHS 50.02(2)(f) (f) A psychiatric nurse with the qualifications stated in s. DHS 34.21 (3) (b) 6.

DHS 50.02(2)(g) (g) A professional counselor and marriage and family therapist with the qualifications stated in s. DHS 34.21 (3) (b) 7.

DHS 50.02(2)(h) (h) Licensed certified social workers, certified advance practice social workers and certified independent social workers shall meet the qualifications established in s. DHS 34.21 (3) (b) 13.

DHS 50.02(2)(i) (i) A qualified treatment trainee, who is a master’s level clinician who has a master’s degree and coursework in areas directly related to providing mental health services, including clinical psychology, psychology, school or educational psychology, rehabilitation psychology, counseling and guidance or counseling psychology.

DHS 50.02(3) (3) “Crisis” has the meaning given in s. 51.042 (1) (a), Stats.

DHS 50.02(4) (4) “Crisis stabilization” means a stabilization service that complies with the requirements stated in s. DHS 34.22 (4) (a) to (c).

DHS 50.02(5) (5) “Culturally responsive” means a service, or the provision of a service, in a manner that demonstrates an understanding of, and attentiveness to, a youth’s cultural history and background and how those impact the youth’s treatment needs.

DHS 50.02(6) (6) “Deficiency” means a failure to meet a requirement of this chapter.

DHS 50.02(7) (7) “Department” means the department of health services.

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.