Chapter DHS 61

DHS 61.33(2)(c) (c) A written report on the type and degree of an individual’s developmental disability shall be made to the director within 30 days after the referral for service has been made.

DHS 61.33(2)(d) (d) The written report shall be available to the service providers on a need to know basis as specified in s. 51.30, Stats.

DHS 61.33 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.34 DHS 61.34 Evaluation services. Evaluation services are the systematic assessment of pertinent physical, psychological, vocational, educational, cultural, social, familial, economic, legal, environmental, mobility, and other factors affecting the individual with a developmental disability in order to develop a comprehensive service plan. Evaluation services shall include the initial formal evaluation as well as a mechanism for review and modification of the service plan.

DHS 61.34(1) (1) Required personnel.

DHS 61.34(1)(a) (a) There shall be a case manager who acts as coordinator.

DHS 61.34(1)(b) (b) There shall be additional personnel as necessary to meet the evaluation needs of the individual. The evaluation shall, as needed, include assessments of a physician, psychologist, dentist, optometrist, speech pathologist, audiologist, professional vocational specialist, social worker, physical therapist, occupational therapist, nurse, or teacher.

DHS 61.34(1)(c) (c) The person shall be actively involved in the evaluation process and family members, advocates or guardians of the individual shall be included if appropriate.

DHS 61.34(1)(d) (d) In conjunction with the implementation of the service plan, staff within agencies shall be designated to provide continuous evaluation of a person’s performance within a service or activity.

DHS 61.34(2) (2) Program.

DHS 61.34(2)(a) (a) The case manager shall be responsible for coordinating the formal evaluation. The formal evaluation shall, as needed, include personnel who are able to provide a systematic interdisciplinary assessment of physical, psychological, vocational, educational, cultural, social, economic, legal, environmental, familial, mobility, and other characteristics affecting the person with a developmental disability.

DHS 61.34(2)(b) (b) A person shall receive a formal evaluation within 30 days of the referral for evaluation services.

DHS 61.34(2)(c) (c) All or portions of evaluations done by local or state agencies such as local schools, centers for the developmentally disabled, division of vocational rehabilitation (DVR) or technical college system which are less than one year old shall be reviewed.

DHS 61.34(2)(d) (d) The case manager shall ensure that a written report is prepared which shall contain:

DHS 61.34(2)(d)1. 1. Recommendations on the nature and scope of services needed to correct or minimize the disabling condition or conditions and those services needed to promote or enhance the individual’s total strengths and assets.

DHS 61.34(2)(d)2. 2. The extent to which the disability limits, or can be expected to limit, the individual and how and to what extent the disabling condition or conditions may be corrected or minimized.

DHS 61.34(2)(f) (f) The case manager shall be responsible for the development of a service plan based upon the reports of the evaluators. The service plan shall be developed in cooperation with the individual and the family. The service plan shall state long and short-term objectives for the individual, services needed to meet objectives and a timetable for their attainment. The service plan shall also include agency case plans which shall contain outcome oriented, measurable objectives and a timetable for their attainment. It shall specify the types of activities in which the person shall participate and the activities shall be appropriate to the age as well as the functional level of the individual.

DHS 61.34(2)(g) (g) The case manager shall coordinate the implementation of the service plan and shall review the agencies case plans and the written progress notes of the agency staff concerning the individual’s progress toward the objectives contained in the service plan at least every 6 months.

DHS 61.34(2)(h) (h) There shall be continuous evaluation which shall be the responsibility of the case manager and agency staff. As part of the continuous evaluation, the case manager shall hold at least an annual review of the service plan. This review shall include the individual, those persons responsible for providing services to the individual, and the family. Any of the people involved in the original assessment, may be included. The case manager shall ensure that a written summary report of the annual review is prepared.

DHS 61.34(2)(i) (i) The case manager shall be responsible for coordinating formal re-evaluations of the individual based upon the recommendations from the annual review.

DHS 61.34(2)(j) (j) The case manager shall be responsible for modifying the service plan based upon any significant change in the person’s functioning and shall coordinate the implementation of the revised service plan.

DHS 61.34 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; correction in (6) made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1995, No 474.

DHS 61.35 DHS 61.35 Counseling services. Counseling services provide professional guidance based on knowledge of human behavior through the use of interpersonal skills to achieve specified goals.

DHS 61.35(1) (1) Personnel.

DHS 61.35(1)(a) (a) The individual providing counseling services, except in the areas of medical and legal counseling, shall have the skills and knowledges that would be typically acquired through a course of study leading to a master’s degree in one of the behavioral sciences and one year of training or experience in the specific area in which counseling is being offered.

DHS 61.35(1)(b) (b) Medical counseling shall be provided by a licensed physician or a registered professional nurse in accord with the Professional Practice Act, and legal counseling shall be provided by a licensed attorney. Non-medical or non-legal counselors shall inform the person with a developmental disability and the family of what the statutes provide and the interpretations provided by administrative rules and guidelines in the legal and medical areas.

DHS 61.35(2) (2) Program.

DHS 61.35(2)(a) (a) Counseling services may assist the person with a developmental disability and the family to understand his or her capabilities and limitations or assist in the alleviations of problems of adjustment and interpersonal relationships.

DHS 61.35(2)(b) (b) Counseling services shall assist the person with a developmental disability and the family with understanding the objectives in the individual’s service plan.

DHS 61.35(2)(c) (c) Counseling services shall be provided as recommended in the service plan.

DHS 61.35(2)(d) (d) The counselor shall keep a written record for each counselee. The record shall contain summaries of each scheduled session and any other significant contact. The record shall include but is not limited to the following data:

DHS 61.35(2)(d)1. 1. Date of contact.

DHS 61.35(2)(d)2. 2. Names, addresses and phone numbers of the people involved in contact.

DHS 61.35(2)(d)3. 3. Duration of the contact.

DHS 61.35(2)(d)4. 4. Progress toward objectives of the counseling case plan.

DHS 61.35(2)(d)5. 5. Recommendations for changes in counseling or the overall service plan.

DHS 61.35(2)(e) (e) The counselor shall send a written report to the case manager at least every 6 months. The report shall contain a statement on progress toward the goals of the service plan and the recommendations for changes in the service plan.

DHS 61.35 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.36 DHS 61.36 Education services. Education services are structured learning experiences designed to develop ability to learn and acquire useful knowledge and basic academic skills, and to improve the ability to apply them to everyday living.

DHS 61.36(1) (1) Agency based programs for birth-3 years.

DHS 61.36(1)(a) (a) Required personnel.

DHS 61.36(1)(a)1. 1. There shall be a director who shall have skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in child development, early childhood education or a closely related area.

DHS 61.36(1)(a)2. 2. Instructional and related personnel shall be certified or meet certification requirements as established by the department of public instruction.

DHS 61.36(1)(a)3. 3. The maximum number of children in a group and the ratio of children to direct service staff shall not exceed:

DHS 61.36(1)(b) (b) Program.

DHS 61.36(1)(b)1. 1. For children from birth to 3 years, the program emphasis shall be on cognitive, motor, social, communication and self help skills.

DHS 61.36(1)(b)2. 2. Whenever possible programming for the birth to 3 year old shall be done in conjunction with the parents or the persons primarily responsible for the care of the child.

DHS 61.36(1)(b)3. 3. Programming for the birth to 3 year old shall take into consideration the individual family environment of each child.

DHS 61.36(1)(b)4. 4. Educational services shall be provided as recommended in the service plan.

DHS 61.36(1)(b)5. 5. Designated staff involved in the education service shall send a written report to the case manager at least every 6 months. The report shall contain a statement on progress toward the objectives of the service plan and the recommendations for changes in the service plan.

DHS 61.36(2) (2) Home-based services for birth-3 years.

DHS 61.36(2)(a) (a) Required personnel.

DHS 61.36(2)(a)1. 1. There shall be a home trainer who is certified by the department based on the criteria established by the Wisconsin hometrainers association, Inc. A licensed physical therapist or neuro-developmental occupational therapist also qualifies as home trainers.

DHS 61.36(2)(b) (b) Program.

DHS 61.36(2)(b)1. 1. For children from birth to 3 years, the program emphasis shall be on cognitive, motor, social, communication and self help skills.

DHS 61.36(2)(b)2. 2. Whenever possible programming for the birth to 3 year old shall be done in conjunction with the parents or the persons primarily responsible for the care of the child.

DHS 61.36(2)(b)3. 3. Programming for the birth to 3 year old shall take into consideration the individual family environment of each child.

DHS 61.36(2)(b)4. 4. Educational services shall be provided as recommended in the service plan.

DHS 61.36(2)(b)5. 5. Designated staff involved in the education service shall send a written report to the case manager at least every 6 months. The report shall contain a statement on progress toward the objectives of the service plan and the recommendations for changes in the service plan.

DHS 61.36(3) (3) Programs serving individuals 18 years and over. These programs requirements are specified in s. DHS 61.38, training services.

DHS 61.36 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.37 DHS 61.37 Recreational services. Recreation services are activities designed to meet specific individual needs such as individual self-expression, social interaction and entertainment; develop skills and interests leading to enjoyable and constructive use of leisure time; and improved well-being.

DHS 61.37(1) (1) Personnel. There shall be a recreation director and staff as needed.

DHS 61.37(2) (2) Program.

DHS 61.37(2)(a) (a) The agency providing recreation services shall hold regularly scheduled activities which meet the needs, interests and abilities of individuals.

DHS 61.37(2)(b) (b) The agency providing recreation services shall provide at least one of the following kinds of activities:

DHS 61.37(2)(b)1. 1. Active and passive

DHS 61.37(2)(b)2. 2. Individual and group

DHS 61.37(2)(b)3. 3. Social, physical and creative

DHS 61.37(2)(b)4. 4. Community involvement activities

DHS 61.37(2)(c) (c) The agency providing recreation services shall provide suitable space for recreation programs.

DHS 61.37(2)(d) (d) The agency providing recreation services shall provide the necessary supplies and equipment to meet the individual needs of clients.

DHS 61.37(2)(e) (e) The agency providing recreation services shall utilize existing generic community social and recreation services, including personnel, supplies, equipment, facilities and programs when possible.

DHS 61.37 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.38 DHS 61.38 Training services. Training services provide a planned and systematic sequence of formal and informal activities for adults designed to develop skills in performing activities of daily and community living including self-help, motor and communication skills and to enhance emotional, personal and social development. Training services are usually provided as day services, sheltered employment or transitional community living arrangements.

DHS 61.38(1) (1) Personnel.

DHS 61.38(1)(a) (a) Director. There shall be a director who shall have skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in a human services related field and at least 3 years of related experience.

DHS 61.38(1)(b) (b) Other staff. Program staff may include but is not limited to home trainers, specialists, and assistants. Staff or consultants shall be available, as needed, who are knowledgeable and skilled in adapting or modifying equipment and environments, and the application of special equipment for persons with physical disabilities.

DHS 61.38(1)(c) (c) Personnel ratios. Personnel ratios shall be a minimum of one direct service staff for each 15 persons.

DHS 61.38(2) (2) Program.

DHS 61.38(2)(a) (a) Training service shall include at least one of the following programs to encourage and accelerate development in:

DHS 61.38(2)(a)1. 1. Independent and daily living skills.

DHS 61.38(2)(a)2. 2. Mobility skills.

DHS 61.38(2)(a)3. 3. Social development.

DHS 61.38(2)(a)4. 4. Vocational and work related skills.

DHS 61.38(2)(b) (b) Training services shall be directed toward integrating the individual into the total family and community environment.

DHS 61.38(2)(c) (c) Training services shall be provided as recommended in the service plan.

DHS 61.38(2)(d) (d) Staff supervising the training service shall send a written report to the case manager or his or her designee at least every 6 months. The report shall contain a statement on progress toward the objectives of the service plan and recommendations for changes.

DHS 61.38 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.