Chapter DHS 88

DHS 88.10(3)(k) (k) Religion. To participate in religious activities of the resident’s choice. No resident may be required to engage in any religious activity.

DHS 88.10(3)(L) (L) Safe physical environment. To a safe environment in which to live. The adult family home shall safeguard residents who cannot fully guard themselves from environmental hazards to which they are likely to be exposed, including conditions which would be hazardous to anyone and conditions which would be or are hazardous to a particular resident because of the resident’s condition or disability.

DHS 88.10(3)(m) (m) Freedom from abuse. To be free from physical, sexual or mental abuse, neglect, and financial exploitation or misappropriation of property.

DHS 88.10(3)(n) (n) Freedom from seclusion and restraints.

DHS 88.10(3)(n)1. 1. Except as provided in subd. 2., to be free from seclusion and from all physical and chemical restraints, including the use of an as-necessary (PRN) order for controlling acute, episodic behavior.

DHS 88.10(3)(n)2. 2. Physical restraints may be used in an emergency when necessary to protect the resident or another person from injury or to prevent physical harm to the resident or another person resulting from the destruction of property, provided that law enforcement or other emergency assistance be summoned as soon as possible and the incident is reported to the licensing agency by the next business day with documentation of what happened, the actions taken by the adult family home and the outcomes.

DHS 88.10(3)(o) (o) Labor. To not be required by the licensee to perform labor which is of any financial benefit to the licensee.

DHS 88.10(3)(p) (p) Prompt and adequate treatment. To receive prompt and adequate treatment and services appropriate to the resident’s needs.

DHS 88.10(3)(q) (q) Medication. To receive all prescribed medications in the dosage and at the intervals prescribed by the resident’s physician, and to refuse medication unless there has been a court order under s. 51.61 (1) (g), Stats., with a court finding of incompetency.

DHS 88.10(3)(r) (r) Mail. To receive and send sealed, unopened mail, including packages. The licensee shall give mail to residents on the day it is received or as soon as possible thereafter, unless the licensee has reasonable cause to believe that the mail being sent or received contains contraband, in which case a resident’s mail may be opened by the licensee but only in the presence of the resident.

DHS 88.10(3)(s) (s) Telephone calls. To make and receive a reasonable number of telephone calls of reasonable duration and in privacy.

DHS 88.10(3)(t) (t) Visits. To have private visitors and have adequate time and private space for visits.

DHS 88.10(3)(u) (u) Service charges. To be fully informed in writing before or at the time of admission of all services and charges for the services. Throughout the time a person is a resident of the adult family home, he or she shall be fully informed in writing of any changes in services and related charges at least 30 days before those changes take effect.

DHS 88.10(4) (4) Correctional clients. The rights established under sub. (3) do not apply to a resident under the supervision of the department of corrections except as determined by the department of corrections.

DHS 88.10(5) (5) Resolution of grievances.

DHS 88.10(5)(a) (a) Right to file a grievance. A resident or the resident’s guardian, if any, or designated representative, if any, may file a grievance if he or she believes that a right of the resident or a provision of this chapter has been violated.

DHS 88.10(5)(b) (b) Grievance procedure. The grievance procedure of the adult family home shall be established in accordance with ch. DHS 94. If a resident is placed or funded by a county agency, the county grievance procedure under s. DHS 94.29 shall be used.

DHS 88.10 Note Note: For information or assistance in developing a ch. DHS 94 grievance procedure, write or phone the appropriate regional office of the Department’s Division of Disability and Elder Services which will refer you to the appropriate office of the Department.

DHS 88.10(5)(c) (c) Assistance with grievance procedure.

DHS 88.10(5)(c)1. 1. Residents have the right to advocacy assistance throughout the grievance process. An adult family home shall assist its residents as needed and enable its residents to have access to the licensing agency, the resident’s service coordinator, if any, the state board on aging and long term care and its ombudsman program, the Wisconsin coalition for advocacy and any other organization providing advocacy assistance, and shall assure the following for representatives of these agencies:

DHS 88.10(5)(c)2. 2. The ability to communicate privately and without restriction with any resident who does not object to the communications.

DHS 88.10(5)(c)3. 3. Access to medical and personal records of the resident, with the consent of the resident or the resident’s guardian, or on the order of the court.

DHS 88.10(5)(c)4. 4. To have available in the home the name, address and phone number of organizations providing advocacy assistance for the type of individual served by the adult family home, and the name, address and phone number of the licensing agency.

DHS 88.10(5)(d) (d) Disclosure. The licensee shall provide a written summary of a resident’s grievance, the findings and the conclusions and any action taken to the resident or the resident’s guardian and the resident’s placing agency, if any, or designated representative, if any, and shall insert the summary in the resident’s record.

DHS 88.10(6) (6) Coercion and retaliation prohibited. Any form of coercion to discourage or prevent a resident or the resident’s guardian or designated representative from exercising any of the rights under this section is prohibited. Any form of coercion or retaliation against a resident or the resident’s guardian or designated representative for exercising any of the rights in this section, or against a service provider who assists a resident or the resident’s guardian or designated representative in exercising any of the resident’s rights in this section, is prohibited.

DHS 88.10 History History: Cr. Register, January, 1996, No. 482, eff. 2-1-96; corrections in (1) and (3) (d) made under s. 13.93 (2m) (b) 7., Stats., Register October 2007 No. 622; corrections in (1) and (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 10-091: am. (5) (b) Register December 2010 No. 660, eff. 1-1-11; CR 20-068: am. (3) (L) Register December 2021 No. 792, eff. 1-1-22.

DHS 88.11 DHS 88.11 Reporting of abuse and neglect.

DHS 88.11(1) (1) A licensee or service provider who knows or has reasonable cause to suspect that a resident has been abused or neglected as defined in s. 46.90 or 940.285, Stats., shall immediately contact the licensing agency. Providing notice under this subsection does not relieve the licensee or other person of the obligation to report an incident to law enforcement authorities. If the licensee has reason to believe that a crime has been committed, the incident shall immediately be reported to law enforcement authorities.

DHS 88.11(2) (2) The licensing agency shall immediately contact the resident’s guardian, if any, placing agency, if any, service coordinator, if any, and designated representative, if any, regarding any occurrence or suspected occurrence under sub. (1).

DHS 88.11(3) (3) As soon as possible after being contacted under sub. (1) the licensing agency shall undertake an investigation of the reported abuse or neglect.

DHS 88.11(4) (4) If the licensing agency is a county agency and may have a conflict of interest, the licensing agency may enter into an agreement with another agency under s. 46.215, 46.22, 46.23, 51.42 or 51.437, Stats., to perform an independent investigation. The investigating county agency shall comply with the same confidentiality requirements as required of the licensing agency.

DHS 88.11(5) (5) After the investigating agency has completed its investigation, the investigating agency shall notify the parties identified in sub. (2) of its findings and shall, in addition, notify the following agencies if the report of abuse or neglect has been substantiated:

DHS 88.11(5)(a) (a) The licensing agency, if different.

DHS 88.11(5)(b) (b) Any agency that placed a current resident in the home.

DHS 88.11(5)(c) (c) A county agency in the county where the adult family home is located if the licensing agency is the department.

DHS 88.11 History History: Cr. Register, January, 1996, No. 482, eff. 2-1-96.