Chapter DHS 61

DHS 61.39(1) (1) Personnel. There shall be a professional licensed in the area in which he or she is prescribing, directing, administering, or supervising treatment services. All treatment services shall be in compliance with the professional rules and regulations of the licensing bodies.

DHS 61.39(2) (2) Program.

DHS 61.39(2)(a) (a) Treatment services shall be provided as recommended in the service plan.

DHS 61.39(2)(b) (b) Designated staff involved in the treatment services 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 the recommendations for changes in the service plan.

DHS 61.39 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.40 DHS 61.40 Sheltered employment and work activity services. Sheltered employment services are non-competitive remunerative employment for an indefinite period of time for individuals who are presently unemployable in the competitive labor market. Work activity services are worklike therapeutic activities for individuals with disabilities whose physical or mental impairment is so severe as to make their productive capacity inconsequential (never more than 25% of the normal production capacity). Sheltered employment programs shall include sheltered employment services or work activity services and may include the additional developmental disabilities services of counseling, education, recreation, training, personal care and transportation. A sheltered employment program shall comply with all of the following:

DHS 61.40(1) (1) Personnel.

DHS 61.40(1)(a) (a) There shall be a director who shall possess skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in a human services field, with a minimum of 2 years supervisory or administrative experience in an agency which is programmed for the developmentally disabled or an appropriate industrial background with 2 years of relevant experience.

DHS 61.40(1)(b) (b) There shall be a program director who shall possess the skills and knowledges that typically would be acquired through a course of study leading to a master’s degree in psychology, rehabilitation or a closely related field with at least one year of experience in programming for the developmentally disabled. An additional 2 years of experience may provide those skills and knowledge typically acquired through study for a master’s degree.

DHS 61.40(1)(c) (c) There shall be a supervisor or supervisors who shall possess skills and knowledges that typically would be acquired through:

DHS 61.40(1)(c)1. 1. A course of study that would lead to a bachelor’s degree in one of the human services, or

DHS 61.40(1)(c)2. 2. A minimum of 2 years of academic, technical or vocational training consistent with the type of work to be supervised or

DHS 61.40(1)(c)3. 3. A minimum of 2 years of experience in a work situation related to the type of work supervised.

DHS 61.40(1)(d) (d) There may be a contract procurement specialist who shall have the skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in an industrial, business, or related field. Two years of bidding, pricing, time study, marketing, advertising or sales experience may be substituted for a course of study.

DHS 61.40(1)(e) (e) There may be a production manager who shall have the skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in an engineering, business or industrial field. Business or industrial experience in a supervisory capacity can substitute for course study on a year for year basis.

DHS 61.40(1)(f) (f) There shall be a vocational counselor who shall possess or be eligible for the provisional school counselor certificate and have the skills and knowledge typically acquired during a course of study leading to a master’s degree in counseling and guidance.

DHS 61.40(1)(g) (g) Additional 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 61.40(1)(h) (h) Agencies offering sheltered employment or work activities shall maintain the following staff ratios when the program is operating:

DHS 61.40(1)(h)1. 1. There shall be a minimum of 2 supervisory personnel for the first 15 sheltered or work activity employees.

DHS 61.40(1)(h)2. 2. There shall be one additional direct service personnel for each additional 15 sheltered or work activity employees or fraction thereof.

DHS 61.40(1)(i) (i) Agencies offering sheltered employment or work activities shall make services available a minimum of 20 hours per week.

DHS 61.40(2) (2) Program.

DHS 61.40(2)(a) (a) Sheltered employment and work activity shall include remunerative work including supervision and instruction in work tasks and observance of safety principles in a realistic work atmosphere. A realistic work atmosphere is most effectively provided within a community job site setting, whenever possible.

DHS 61.40(2)(a)1. 1. Work orientation shall be provided to encourage good work habits. It shall include proper care of equipment and materials, correct handling of tools and machines, good attendance, punctuality, and safe work practices. It shall afford disciplined interpersonal work tolerance and work pace consistent with the client’s potential.

DHS 61.40(2)(a)2. 2. The layout of work positions and the assignment of operations shall ensure the efficient flow of work and appropriate relationship of each operation to all other operations in its sequence with respect to the time required for its completion. The organization of work shall embody an awareness of safe practices and of the importance of time and motion economy in relation to the needs of individuals being served.

DHS 61.40(2)(a)3. 3. Information concerning health and special work considerations which should be taken into account in the assignment of clients shall be clearly communicated in writing to supervisory personnel.

DHS 61.40(2)(a)4. 4. Vocational counseling shall be available.

DHS 61.40(2)(b) (b) The agency offering sheltered employment or work activity, shall maintain provisions either within its parent organization or through cooperative agreements with the division of vocational rehabilitation or other job placing agencies, for the placement in regular industry of any of its clients who may qualify for such placement. Clients shall be informed of the availability of such services for placement in competitive industry.

DHS 61.40(2)(c) (c) The agency offering sheltered work or work activity shall maintain payroll sub-minimum wage certificates and other records for each client employed in compliance with the Fair Labor Standards Act.

DHS 61.40(2)(d) (d) The agency offering sheltered employment or work activity shall provide the client with effective grievance procedures.

DHS 61.40(2)(e) (e) The agency offering sheltered employment or work activity shall provide the clients with paid vacation, holidays and a minimum of 5 sick days per year.

DHS 61.40(2)(f) (f) Sheltered employment or work activity shall be provided as recommended in the service plan.

DHS 61.40(2)(g) (g) Appointed staff supervising the sheltered employment or work activity 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.

DHS 61.40(2)(h) (h) Commission on accreditation of rehabilitation facilities (CARF) accreditation for sheltered employment or work activities may substitute for all except pars. (f) and (g).

DHS 61.40 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; CR 20-068: am. (intro.) Register December 2021 No. 792, eff. 1-1-22.

DHS 61.41 DHS 61.41 Day care. Day care is clustered and coordinated sets of services provided to an individual with a developmental disability on a scheduled portion of a 24 hour day. Day care shall include at least 2 of the following: counseling, education, recreation, or training. It may also include any one or combination of the following: evaluation, transportation, treatment and personal care.

DHS 61.41(1) (1) Personnel.

DHS 61.41(1)(a) (a) There shall be a director who shall have the skills and knowledges typically acquired through a course of study leading to a bachelor’s degree in a human services field, with a minimum of 2 years’ supervisory or administrative experience in programming for the developmentally disabled.

DHS 61.41(1)(b) (b) There shall be additional personnel as required under appropriate sections of the service standards.

DHS 61.41(2) (2) Program. Program requirements shall be as specified in appropriate sections of the service standards. Day care should be provided in generic day care programs whenever possible.

DHS 61.41 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.42 DHS 61.42 Personal care services. Personal care services include the provision of meals, clothing and bodily care. They are designed to maintain health and well-being, to improve development and to prevent regression. Personal care services can be delivered at home or in sheltered apartments.

DHS 61.42(1) (1) Personnel.

DHS 61.42(1)(a) (a) The case manager shall be responsible for coordinating the delivery of personal care services.

DHS 61.42(1)(b) (b) There shall be additional staff as needed and staff shall have training or experience in that area in which care or services are provided.

DHS 61.42(2) (2) Program.

DHS 61.42(2)(a) (a) Personal care services shall be provided in the least restrictive setting.

DHS 61.42(2)(b) (b) Personal care services shall be provided on a long-term basis as well as a short-term care basis.

DHS 61.42(2)(c) (c) Personal care services shall be provided as recommended in the service plan.

DHS 61.42(2)(d) (d) The case manager shall review the personal care service plan with the person receiving the services at least every 6 months.

DHS 61.42 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.43 DHS 61.43 Domiciliary care service. Domiciliary care services are provided by the state developmental disabilities centers.

DHS 61.43(1) (1) Personnel. There shall be an administrator and staff as required under ch. DHS 134, and federal standards regulating intermediate care facilities for individuals with intellectual disabilities.

DHS 61.43(2) (2) Program.

DHS 61.43(2)(a) (a) Program requirements shall comply with appropriate sections of ch. DHS 134, and federal standards regulating intermediate care facilities for individuals with intellectual disabilities.

DHS 61.43(2)(b) (b) The centers shall provide the responsible board with a copy of the annual review of the service plan.

DHS 61.43 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; corrections in (1) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526; corrections in (1) and (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; 2019 Wis. Act 1: am. (1), (2) (a) Register May 2019 No. 761, eff. 6-1-19.

DHS 61.44 DHS 61.44 Special living arrangements services. Special living arrangements may provide living quarters, meals and supportive services up to 24 hour per day for people in need of assistance in the areas of community and daily living but who require less care and supervision than is characteristic of individuals needing domiciliary or nursing home care. Special living arrangement services may be provided in foster homes, group foster homes, halfway houses, community based residential facilities, child welfare institutions, homes and apartments.

DHS 61.44(1) (1) Personnel. Staff shall possess the personal qualities, skills and education necessary to meet the needs of the residents and comply with the appropriate sections of Wisconsin statutes, administrative codes and licensing rules.

DHS 61.44(2) (2) Program.

DHS 61.44(2)(a) (a) Program requirements shall comply with appropriate sections of Wisconsin statutes, administrative codes and licensing rules.

DHS 61.44(2)(b) (b) The individual receiving special living arrangement services shall be employed or otherwise engaged away from the residential setting in accordance with the individual’s service plan except in child welfare institutions.

DHS 61.44(2)(c) (c) When special living arrangements are provided on a respite basis they shall meet the requirements of this section.

DHS 61.44(2)(d) (d) Special living arrangement services shall be provided as recommended in the service plan.

DHS 61.44(2)(e) (e) Appointed staff supervising the special living arrangement 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 goals of the service plan and the recommendations for change in the service plan.

DHS 61.44 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.45 DHS 61.45 Transportation services. Transportation services provide for the necessary travel of a developmentally disabled individual and if necessary, escorts to and from places in which the individual is receiving services recommended in the individual’s service plan. Transportation may include taking services to the homebound, and includes but is not limited to delivery of raw materials and pick up of the finished product from homebound industries.

DHS 61.45(1) (1) Personnel.

DHS 61.45(1)(a) (a) Any person operating a motor vehicle which transports either people with developmental disabilities or the products of their homebound industry, shall hold an appropriate operator’s license from the department of transportation.

DHS 61.45(1)(b) (b) All motor vehicle operators shall be covered by liability insurance.

DHS 61.45(1)(c) (c) Motor vehicles shall be inspected by, and meet the requirements of the department of transportation.

DHS 61.45(2) (2) Program.

DHS 61.45(2)(a) (a) When possible, regularly scheduled public transportation shall be used.

DHS 61.45(2)(b) (b) When possible, transportation services shall be coordinated with the efforts of voluntary agencies and other agencies serving community groups.

DHS 61.45 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.46 DHS 61.46 Protective services.

DHS 61.46(1) (1) Protective services are a system of continuing socio-legal services designed to assist individuals who are unable to manage their own resources or to protect themselves from neglect, abuse, exploitation or degrading treatment and to help them exercise their rights as citizens. This system ensures that no right of a person with a developmental disability shall be modified without due process. It must be emphasized that insofar as protective services are concerned, it is not the services that are distinctive but rather the individual for whom the services are intended, along with reasons why the services are being provided.

DHS 61.46(2) (2) Protective services shall be provided under applicable sections of chs. 48, 54 and 55, Stats., and applicable sections of the department’s administrative code.

DHS 61.46(3) (3) If any developmental disabilities services are provided as part of protective services, they shall comply with the appropriate standard.

DHS 61.46 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 61.69 DHS 61.69 Duration of certification for community mental health programs.

DHS 61.69(1) (1) A certification under this subchapter remains valid until it is suspended or terminated by the department in accordance with s. DHS 61.20 (5).

DHS 61.69(2) (2) Certification becomes invalid due to non-submission of the biennial report or non-payment of biennial fees in accordance with s. DHS 61.695.

DHS 61.69 History History: CR 22-078: cr. Register July 2023 No. 811, eff. 8-1-23.

DHS 61.695 DHS 61.695 Biennial report and fees for community mental health programs.

DHS 61.695(1) (1) Every 24 months, on a date determined by the department, the program shall submit a biennial report on the form provided by the department and shall submit payment of certification continuation fees.

DHS 61.695(2) (2) The department shall send the certification continuation materials to the provider, which the provider is expected to complete and submit to the department according to instructions provided under s. 51.04, Stats.

DHS 61.695(3) (3) A certification will be suspended or terminated if biennial reports and fees are not submitted prior to the end of the biennial cycle.

DHS 61.695 History History: CR 22-078: cr. Register July 2023 No. 811, eff. 8-1-23.