Chapter DOC 347

DOC 347.33(4) (4) The facility shall make accommodations for youth with hearing or speech disabilities or limited English proficiency.

DOC 347.33(5) (5) The facility shall inform youth if external communication is withheld or monitored.

DOC 347.33(6) (6) The facility may not monitor conversations between youth and their attorneys.

DOC 347.33(7) (7) Youth may speak with social supporters in their language of choice regardless of staff comprehension.

DOC 347.33 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.34 DOC 347.34 Visitation.

DOC 347.34(1) (1) Access.

DOC 347.34(1)(a) (a) The facility shall provide visitation hours sufficient to accommodate daily contact visits for youth. Visiting hours shall be designated during both the day and the evening with a minimum of 3 hours before 5:00 p.m. and 2 hours after 5:00 p.m.

DOC 347.34(1)(b) (b) The facility shall provide for individually scheduled visits outside of normal visiting hours with prior approval.

DOC 347.34(1)(c) (c) The facility shall post visitation policies and procedures, including visitation schedule, in a place readily accessible to visitors and youth.

DOC 347.34(1)(d) (d) Areas used for visitation shall accommodate groups of varying sizes, be child-friendly, and offer interactive toys, games, and children’s books to promote social supporter interaction.

DOC 347.34(1)(e) (e) Staff may not impose non-contact visits absent a documented security threat.

DOC 347.34(1)(f) (f) The facility may conduct searches of visitors entering the facility.

DOC 347.34(2) (2) Visitor list.

DOC 347.34(2)(a) (a) The facility shall maintain an approved visitor list for each youth. Youth shall have access to the current approved visitor list.

DOC 347.34(2)(b) (b) Except as otherwise provided in this chapter, only visitors on a youth’s approved list will be permitted to visit the youth.

DOC 347.34(2)(c) (c) Except as provided in par. (e), staff shall permit youth to visit with social supporters.

DOC 347.34(2)(d) (d) Youth or others may request an addition to the list of approved visitors, and if the request is not approved by the facility, both the youth and the person will be notified of the reasons for the action in writing.

DOC 347.34(2)(e) (e) The facility may deny a person’s inclusion on the approved visitor list or remove a person from the approved visitors list. Justification to deny a person’s inclusion on or removal from the visitor list may include any of the following:

DOC 347.34(2)(e)1. 1. There are reasonable grounds to believe that the visitor has attempted to bring contraband into the facility in the past 12 months.

DOC 347.34(2)(e)2. 2. There are reasonable grounds to believe the visitor poses a threat to the safety and security of visitors, staff, youth, or the facility.

DOC 347.34(2)(e)3. 3. There are reasonable grounds to believe that the youth may victimize the proposed visitor or the proposed visitor may victimize the youth.

DOC 347.34(2)(e)4. 4. There is a court order prohibiting a visit.

DOC 347.34 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.35 DOC 347.35 Publications.

DOC 347.35(1) (1) The facility shall provide access to reading materials of general interest including books, newspapers, and magazines to all youth.

DOC 347.35(2) (2) The facility may not limit access to reading materials except when reasonably related to the security of the facility or the health and development of the youth.

DOC 347.35 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.36 DOC 347.36 Religious practices.

DOC 347.36(1) (1) The facility may not discriminate against a youth on the basis of the youth’s religious beliefs.

DOC 347.36(2) (2) Youth shall have the opportunity to participate in religious practices, services, and programming, and have access to property of their religious practices consistent with existing state and federal law.

DOC 347.36(3) (3) Staff and individuals who provide religious programming or services may not compel youth participation in or adoption of a particular religion.

DOC 347.36(4) (4) The facility shall notify youth of the schedule of religious services available.

DOC 347.36 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.37 DOC 347.37 Legal access. The facility shall provide youth access to the courts, attorneys, and legal materials and research.

DOC 347.37 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.38 DOC 347.38 Grievance procedure.

DOC 347.38(1) (1) General.

DOC 347.38(1)(a) (a) The facility shall provide all youth with access to a grievance procedure that provides an opportunity for resolution of complaints.

DOC 347.38(1)(b) (b) The facility shall provide a process by which youth can submit grievances in a confidential manner that is only accessible by a supervisor or designee.

DOC 347.38(2) (2) Procedure.

DOC 347.38(2)(a) (a) The facility shall screen all grievances within 24 hours of receipt, excluding weekends and holidays. Priority shall be given to grievances concerning health and safety.

DOC 347.38(2)(b) (b) The facility shall, within 7 days of receipt of the grievance, issue a written response and provide a copy to the youth. The response shall state the issue, the facts upon which any decision is based, the decision, and the reasons for the decision.

DOC 347.38(2)(c) (c) The facility shall provide at least one level of appeal.

DOC 347.38(2)(d) (d) The facility shall maintain a grievance log that includes all of the following:

DOC 347.38(2)(d)1. 1. The date and time each grievance is received.

DOC 347.38(2)(d)2. 2. The nature of the grievance.

DOC 347.38(2)(d)3. 3. The date of the response.

DOC 347.38(2)(d)4. 4. The individual issuing a response.

DOC 347.38(2)(d)5. 5. The status of any appeal.

DOC 347.38(3) (3) Retaliation. The facility shall prohibit retaliation for use of the grievance procedure.

DOC 347.38 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21; correction in (2) (d) 5. made under s. 35.17, Stats., Register October 2021 No. 790.

subch. VIII of ch. DOC 347 Subchapter VIII — Programs and Services

DOC 347.39 DOC 347.39 General. Programs and services under this subchapter shall conform to the following requirements:

DOC 347.39(1) (1) The facility shall do all of the following:

DOC 347.39(1)(a) (a) Provide programming that consists of structured treatment, leisure, recreational, exercise, and educational activities.

DOC 347.39(1)(b) (b) Incorporate evidence-based practices and trauma-informed and science aligned principles in programs and services.

DOC 347.39(1)(c) (c) Provide programs and services that are responsive to the genders, sexual orientations, disabilities, socioeconomic statuses, cultural, racial and ethnic backgrounds, experiences, interests, and primary languages of youth.

DOC 347.39(1)(d) (d) Post and adhere to a daily schedule of programs and services in each living unit. Reasons for any deviations from scheduled activities shall be documented.

DOC 347.39(1)(e) (e) Encourage youth to be out of their rooms and engaged in programming.

DOC 347.39(1)(f) (f) Ensure youth have daily access to the facility’s outdoor recreation space under s. DOC 347.10 (10), weather permitting.

DOC 347.39(2) (2) Programming may be provided by staff, volunteers, contractors, or community groups.

DOC 347.39(3) (3) If a facility uses volunteers, the operational plan under s. DOC 347.08 shall contain policies and procedures relating to the use of volunteers, including the completion of criminal background checks, orientation and training, and extent of supervision and responsibilities.

DOC 347.39(4) (4) The facility shall ensure that equitable gender-responsive programming exists for youth in the facility. The facility shall not limit access to recreation and vocational opportunities on the basis of gender.

DOC 347.39(5) (5) Youth are not required to participate in uncompensated work assignments unless the work is related to housekeeping, maintenance of the facility or grounds, personal hygienic needs, or part of an approved training or community service program.

DOC 347.39 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.40 DOC 347.40 Community partnerships for programming.

DOC 347.40(1) (1) The facility shall pursue partnerships with community organizations to enhance available services and resources in the facility.

DOC 347.40(2) (2) Youth may volunteer and participate in programs and services within the community in accordance with s. DOC 347.15.

DOC 347.40 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.41 DOC 347.41 Education. The facility shall do all of the following:

DOC 347.41(1) (1) Ensure that youth have access to education, as provided by the school district in which the facility is located.

DOC 347.41(2) (2) Notify the school district in which the facility is located when youth are placed in the facility.

DOC 347.41(3) (3) Cooperate with the school district in which the facility is located in the implementation of an educational program.

DOC 347.41(4) (4) Communicate to the department of public instruction concerns regarding adequacy of educational programming within facilities.

DOC 347.41(5) (5) Document on a daily basis all of the following:

DOC 347.41(5)(a) (a) Number of hours of instruction by a teacher.

DOC 347.41(5)(b) (b) Number of youth receiving instruction.

DOC 347.41(5)(c) (c) Names of youth who refused to participate in education.

DOC 347.41(5)(d) (d) Names of youth who were unable to participate and the reasons for the inability.

DOC 347.41 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.42 DOC 347.42 Vocational opportunities. The facility shall do all of the following:

DOC 347.42(1) (1) Provide youth the opportunity to receive vocational and career counseling.

DOC 347.42(2) (2) Provide training on soft skills and work readiness.

DOC 347.42(3) (3) Offer eligible youth vocational opportunities consistent with available resources.

DOC 347.42(4) (4) Provide eligible youth the opportunity to pursue post-secondary education.

DOC 347.42 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.43 DOC 347.43 Independent living and life skills programming. The facility shall provide youth with structured experience in independent living and life skills that may include the following components:

DOC 347.43(1) (1) Independent living.