Chapter DOC 347

DOC 347.49(8) (8) The facility shall notify the following individuals of an administrative confinement placement as soon as practicable:

DOC 347.49(8)(a) (a) A qualified mental health professional.

DOC 347.49(8)(b) (b) A qualified health care professional.

DOC 347.49(8)(c) (c) Affected facility staff.

DOC 347.49(8)(d) (d) The youth’s parent or guardian.

DOC 347.49(8)(e) (e) The county or tribe of placement.

DOC 347.49(9) (9) The facility shall document all actions and decisions regarding youth in administrative confinement to include all of the following:

DOC 347.49(9)(a) (a) Date, time, and name of supervisor making placement.

DOC 347.49(9)(b) (b) Reason placement is initiated or extended.

DOC 347.49(9)(c) (c) Date, time, names of individuals notified, and method of notification to the individuals in sub. (8).

DOC 347.49(9)(d) (d) Date, time, reason, and name of qualified mental health professional extending the placement.

DOC 347.49(9)(e) (e) Date, time, and name of supervisor removing placement.

DOC 347.49 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.50 DOC 347.50 Use of force.

DOC 347.50(1) (1) General provisions.

DOC 347.50(1)(a) (a) Physical force may be used as a last resort and in accordance with appropriate statutory authority.

DOC 347.50(1)(b) (b) Staff may only use the amount of force reasonably necessary to achieve the objective for which force is used.

DOC 347.50(1)(c) (c) Staff shall only use physical force by employing the least restrictive appropriate means and only for the amount of time necessary to bring the situation under control.

DOC 347.50(1)(d) (d) Using physical force for punishment, discipline, retaliation, or as a substitute for treatment is prohibited.

DOC 347.50(2) (2) Incident reporting.

DOC 347.50(2)(a) (a) Any staff member who uses force or witnesses a use of force shall submit a written report describing the incident to their supervisor for review. The report shall include all known relevant facts and be submitted by the end of the shift.

DOC 347.50(2)(b) (b) A supervisor shall review and document all use of force incidents.

DOC 347.50(2)(c) (c) The facility shall conduct and document a multi-disciplinary operational review following a use of force.

DOC 347.50(2)(d) (d) Facility procedures shall address the role, notification, and follow-up of qualified health care and mental health professionals following use of force incidents.

DOC 347.50 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.51 DOC 347.51 Use of mechanical restraints.

DOC 347.51(1) (1) Youth may never be restrained to a fixed object, unless specifically ordered by a qualified mental health professional to attempt to prevent active self-harm.

DOC 347.51(2) (2) Mechanical restraints may only be applied to youth if staff determine that they are the least restrictive means of addressing an imminent threat of physical harm to self or others or damage to property.

DOC 347.51(3) (3) Mechanical restraints must be removed immediately upon the youth regaining composure and when the threat of harm or the safety concern has abated.

DOC 347.51(4) (4) Mechanical restraints may never be used as punishment.

DOC 347.51(5) (5) A youth may be placed in the least restrictive mechanical restraints when leaving the secure perimeter of the facility to prevent harm to youth or staff.

DOC 347.51(6) (6) Except under circumstances described in sub. (5), the incident reporting procedure outlined in s. DOC 347.50 (2) shall apply if a youth is mechanically restrained.

DOC 347.51(7) (7) A staff person shall be assigned to monitor a youth who is placed in mechanical restraints and shall remain in continuous auditory and visual contact with the youth. Observations of the youth’s behavior and any staff interventions shall be documented at least once every 15 minutes, with the actual time of the observation or intervention recorded.

DOC 347.51 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.52 DOC 347.52 Fire safety and emergency preparedness.

DOC 347.52(1) (1) The facility shall comply with applicable federal, state, and local fire safety codes.

DOC 347.52(2) (2) The facility shall have and shall properly maintain self-contained breathing apparatuses and fire extinguishers sufficient to support the need of the facility as determined by the local fire department. The facility shall place the equipment in accordance with the advice of the local fire department.

DOC 347.52(3) (3) The facility shall maintain a record of all fire inspections conducted as required under sub. (1).

DOC 347.52(4) (4) Staff shall conduct and document monthly fire safety inspections of the facility.

DOC 347.52(5) (5) The facility shall have the means to evacuate youth in the event of fire or other emergency.

DOC 347.52(6) (6) A written fire evacuation plan shall be developed and maintained in accordance with recommendations from the local fire department. The evacuation routes developed as a part of the evacuation plan shall be posted in a conspicuous place for staff.

DOC 347.52(7) (7) Fire drills shall be conducted at least quarterly on each shift and documented.

DOC 347.52(8) (8) The facility shall develop and maintain an emergency operation procedure. The procedure shall be readily accessible for staff to reference and include instructions for all of the following:

DOC 347.52(8)(a) (a) Major disturbances.

DOC 347.52(8)(b) (b) Natural disasters.

DOC 347.52(8)(c) (c) Physical plant disruptions.

DOC 347.52(9) (9) First aid kits and other emergency response equipment shall be available in designated areas of the facility. Inventories shall be conducted and documented monthly.

DOC 347.52(10) (10) The facility shall have access to an alternate power source to maintain essential services in an emergency. Quarterly tests of the alternate power source shall be conducted and documented.

DOC 347.52 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

subch. X of ch. DOC 347 Subchapter X — Behavior Management

DOC 347.53 DOC 347.53 Youth conduct.

DOC 347.53(1) (1) The facility shall have a system of incentives for positive youth behavior.

DOC 347.53(2) (2) The facility shall have written rules of behavior for youth.

DOC 347.53 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.54 DOC 347.54 Discipline.

DOC 347.54(1) (1) At the time of admission, each youth shall be notified of and provided access to the rules of behavior required in the facility and the potential disciplinary actions imposed for violation of the rules. Youths’ receipt of the facility rules shall be documented.

DOC 347.54(2) (2) The facility shall have a graduated array of dispositions to address youth rule violations.

DOC 347.54(3) (3) Disciplinary action shall be determined on an individual basis. Staff may not use group punishment as a sanction for the negative behavior of an individual youth.

DOC 347.54(4) (4) Only staff may administer youth rule violation dispositions.

DOC 347.54(5) (5) Staff shall consider whether a youth’s disability, mental illness, special education status, or limited English proficient status contributed to the behavior when assigning consequences for violations of the facility’s rules. Staff should consult with a qualified mental health professional when making that decision.

DOC 347.54(6) (6) Staff may restrict a youth’s privileges for a rule violation if all of the following occur:

DOC 347.54(6)(a) (a) The youth is given the opportunity to explain the circumstances of the alleged violation. The youth’s statement or refusal shall be documented. A supervisor shall document their review of the rule violation, the youth’s statement, and restriction within 24 hours.

DOC 347.54(6)(b) (b) Any restriction shall be directly related to the violation.

DOC 347.54(7) (7) Dispositions may not include any of the following:

DOC 347.54(7)(a) (a) Room restriction.

DOC 347.54(7)(b) (b) Withholding of basic necessities such as food, water, toilet, clothing, sleep, or the use of materials necessary to maintain a basic level of personal hygiene.

DOC 347.54(7)(c) (c) Restriction of access to religious worship, attorneys, privileged mail, courts, legislators, and medical and mental health services.

DOC 347.54(7)(d) (d) Restriction of exercise.

DOC 347.54(7)(e) (e) Corporal, unusual, or humiliating punishment.

DOC 347.54(7)(f) (f) Use of mechanical restraints.

DOC 347.54 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.55 DOC 347.55 Disciplinary procedures.

DOC 347.55(1) (1) A staff member who observes a youth committing a rule violation shall inform the youth of the rule that was violated and the disciplinary procedure.

DOC 347.55(2) (2) A staff member shall offer the youth the opportunity to provide a statement. Staff shall document the youth’s statement or their refusal to provide a statement.

DOC 347.55(3) (3) Staff shall inform the youth that the disciplinary report and statement will be forwarded to the supervisor or designee for review and determination of disposition.

DOC 347.55(4) (4) An impartial supervisor or designee shall immediately review the disciplinary report and youth’s statement, render a decision, and notify the youth immediately. If the supervisor finds that no violation occurred, the youth shall be notified that the charge has been dismissed. The supervisor shall document their review.

DOC 347.55(5) (5) The youth shall be notified of their right to appeal the supervisor’s decision.

DOC 347.55(6) (6) The youth may appeal the decision within 24 hours of receipt of the decision.

DOC 347.55(7) (7) The youth shall receive a written decision no later than 24 hours after receipt of an appeal.

DOC 347.55(8) (8) The facility shall document information on each rule violation by a youth, each disciplinary action taken by the facility, and each appeal. The documentation shall be maintained in the youth’s record.

DOC 347.55 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.56 DOC 347.56 Review of behavior management. At least quarterly, the facility shall review the use of behavior management. The review shall include:

DOC 347.56(1) (1) Any patterns indicated by similarities in the time of day, day of the week, duration of the use of procedure, individuals involved, or other factors associated with the use of discipline or administrative confinement.

DOC 347.56(2) (2) Actions needed to correct identified deficiencies in the facility’s implementation of youth discipline or administrative confinement.

DOC 347.56(3) (3) A review of current options available for addressing and supporting behavior management.

DOC 347.56(4) (4) The quarterly review shall be documented.

DOC 347.56 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

subch. XI of ch. DOC 347 Subchapter XI — Hygiene and Sanitation

DOC 347.57 DOC 347.57 Hygiene. The facility shall do all of the following: