Chapter DOC 375

Chapter DOC 375

OBSERVATION STATUS IN TYPE 1 SECURED CORRECTIONAL FACILITIES

DOC 375.01   Authority and purpose.

DOC 375.02   Applicability.

DOC 375.03   Definitions.

DOC 375.04   Observation.

DOC 375.05   Limits on time in observation.

DOC 375.06   Review of need for continued observation.

DOC 375.07   Conditions of observation.

DOC 375.08   Supervision.

DOC 375.09   Removal from observation.

DOC 375.10   Appeal.

DOC 375.11   Report to administrator.

Ch. DOC 375 Note Note: Chapter HSS 335 as it existed on June 30, 2000 was repealed and a new Chapter DOC 375 was created, Register, June, 2000, No. 534, effective July 1, 2000.

DOC 375.01 DOC 375.01 Authority and purpose. This chapter is promulgated under the authority of ss. 227.11 (2), 938.48 (16) and 938.505 (1), Stats., to establish standards and procedures for the involuntary non-punitive, temporary confinement of a youth to ensure the youth’s safety and the safety of others if the youth is mentally ill and dangerous, is experiencing acute mental distress or has a medical problem that requires separation for treatment.

DOC 375.01 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 375.02 DOC 375.02 Applicability. This chapter applies to the department and all youth under its supervision in a type 1 secured correctional facility.

DOC 375.02 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 375.03 DOC 375.03 Definitions. In this chapter:

DOC 375.03(1) (1) “Acute mental distress” means a condition in which a youth’s emotional, social or behavioral functioning is significantly impaired and the impairment may result in physical harm to the youth or others.

DOC 375.03(2) (2) “Administrator” means the administrator of the division or that person’s designee.

DOC 375.03(3) (3) “Advanced practice nurse prescriber” means an advanced practice nurse as defined in ch. 441, Stats., and ch. N 8 who has been certified to prescribe medication.

DOC 375.03(4) (4) “Dangerous” means a youth presents a substantial probability of physical harm to self or to other persons as manifested by any of the following:

DOC 375.03(4)(a) (a) Recent homicidal or other violent behavior.

DOC 375.03(4)(b) (b) The reasonable fear of others of violent behavior and serious physical harm, because of a recent overt act or an attempt or threat to cause serious physical harm.

DOC 375.03(4)(c) (c) Serious self-destructive behavior or a threat of that behavior.

DOC 375.03(4)(d) (d) The inability to cope with life in the institution to the degree that the youth or others are endangered.

DOC 375.03(5) (5) “Day” means a calendar day.

DOC 375.03(6) (6) “Department” means the department of corrections.

DOC 375.03(7) (7) “Division” means the department’s division of juvenile corrections.

DOC 375.03(8) (8) “Guardian” has the meaning given in s. 938.02 (8), Stats.

DOC 375.03(9) (9) “Health services professional” means a nurse, an advanced practice nurse prescriber, a physician’s assistant or a physician who are licensed or certified to practice in Wisconsin.

DOC 375.03(10) (10) “Institution” means a type 1 secured correctional facility operated by the department.

DOC 375.03(11) (11) “Mental health facility” means any publicly or privately operated facility or unit thereof providing treatment of alcoholic, drug dependent, mentally ill or developmentally disabled persons, including, but not limited to, inpatient and outpatient programs, community support programs and rehabilitation programs.

DOC 375.03(12) (12) “Mentally ill” means that a youth has a substantial disorder of thought, mood, perception, orientation or memory which grossly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life in an institution.

DOC 375.03(13) (13) “Nurse” means a registered or licensed practical nurse as defined by ch. 441, Stats.

DOC 375.03(14) (14) “Parent” has the meaning given in s. 938.02 (13), Stats.

DOC 375.03(15) (15) “Physician” means a person licensed as a physician under ch. 448, Stats.

DOC 375.03(16) (16) “Physician’s assistant” means a person licensed to practice as a physician’s assistant under ch. 448, Stats.

DOC 375.03(17) (17) “Psychologist” means a person licensed to practice psychology under ch. 455, Stats.

DOC 375.03(18) (18) “Shift supervisor” means a staff member designated by the superintendent to perform supervisory functions under this chapter on a particular shift.

DOC 375.03(19) (19) “Staff” means a person employed by the institution or under contract by the department.

DOC 375.03(20) (20) “Superintendent” means the superintendent of a type 1 secured juvenile correctional facility or that person’s designee.

DOC 375.03(21) (21) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

DOC 375.03(22) (22) “Youth” means a person or persons under the supervision of the department in an institution consistent with the requirements of law and regardless of age.

DOC 375.03 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 375.04 DOC 375.04 Observation.

DOC 375.04(1) (1) Criteria. Observation is an involuntary non-punitive status used for the temporary confinement of a youth to ensure the individual’s safety and the safety of others. A youth may be placed in observation if any of the persons listed in sub. (2) (b) have reasonable cause to believe that one or more of the following are true:

DOC 375.04(1)(a) (a) The youth is mentally ill and dangerous to self or others.

DOC 375.04(1)(b) (b) The youth is exhibiting symptoms of acute mental distress.

DOC 375.04(1)(c) (c) The youth has a communicable disease, infection or other medical problem that requires separation from the institution population for treatment by a physician.

DOC 375.04(2) (2) Placement authority.

DOC 375.04(2)(a) (a) Any staff member may recommend to a supervisor that a youth be placed in observation. The staff member shall state in writing the reasons for the recommendation and describe the conduct or condition that forms the basis for the recommendation.

DOC 375.04(2)(b) (b) If there is reasonable cause to believe that the criteria under sub. (1) are met, a youth may be placed in observation only by one or more of the following:

DOC 375.04(2)(b)1. 1. A psychologist or physician.

DOC 375.04(2)(b)2. 2. Any health services professional, if a psychologist or physician is not available for consultation, either in person or by telephone.

DOC 375.04(2)(b)3. 3. The superintendent.

DOC 375.04(2)(b)4. 4. The shift supervisor with the approval of the superintendent.

DOC 375.04(3) (3) Examination.

DOC 375.04(3)(a) (a) Review of placement.

DOC 375.04(3)(a)1. 1. If a youth is placed in observation under sub. (2) (b) 2., 3. or 4., a psychologist or physician shall examine the youth and evaluate the placement to verify a condition under sub. (1) as soon as practical, but in no case may the examination take place later than 3 days after placement.

DOC 375.04(3)(a)2. 2. A psychologist or physician shall examine a youth placed in observation under sub. (1) (a) or (b) as needed, but at least every 3 days, to determine if the placement is consistent with the requirements of this chapter.

DOC 375.04(3)(a)3. 3. A health services professional shall examine a youth placed in observation under sub. (1) (c) as needed, but at least every 3 days, to determine if the placement is consistent with the requirements of this chapter.

DOC 375.04(3)(a)4. 4. If a physician, psychologist or health services professional’s examination under this paragraph determines that a youth does not meet the requirements for observation under sub. (1), the youth shall be promptly released from observation.

DOC 375.04(3)(b) (b) Voluntary transfer. If a psychologist or physician determines that a youth needs treatment in a mental health facility, staff shall ask for written consent to transfer to a mental health facility from: the parent or guardian, if the youth is under 14 years of age; the parent or guardian and the youth if the youth is 14 through 17 years of age; and the youth only if the youth is 18 years of age or older. If individual required to consent does so in writing and the superintendent approves, the psychologist or physician shall initiate the voluntary transfer procedure by contacting the mental health facility to obtain information regarding bed availability. All legal requirements under ch. 51, Stats., for voluntary transfer shall be followed.

DOC 375.04(3)(c) (c) Involuntary transfer. If an institution cannot obtain consent under par. (b), a physician or psychologist may recommend involuntary transfer of the youth to the superintendent. If the superintendent approves, the psychologist or physician shall initiate the involuntary transfer procedure by contacting the mental health facility to obtain information regarding bed availability. All legal requirements under ch. 51, Stats., for involuntary transfer shall be followed.

DOC 375.04(3)(d) (d) Medical need. If a youth is placed in observation under sub. (1) (c), a health services professional shall document the youth’s medical treatment needs and review the youth’s status as needed. If a youth’s medical needs cannot be met at the institution, the superintendent shall promptly transfer the youth to an appropriate medical facility.

DOC 375.04 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 375.05 DOC 375.05 Limits on time in observation.

DOC 375.05(1) (1) A youth placed in observation under s. DOC 375.04 (1) (a) may not remain in observation longer than 14 days unless notice of review of the youth’s status under s. DOC 375.06 (2) has been served, the superintendent has approved a voluntary or involuntary transfer under s. DOC 375.04 (3) (b) or (c) and legal proceedings under ch. 51, Stats., have been initiated. The superintendent shall promptly inform the administrator if a youth is kept in observation beyond 14 days and the administrator shall review the need for observation at least every 7 days after the youth has been in observation for 14 days.

DOC 375.05(2) (2) A youth placed in observation under s. DOC 375.04 (1) (b) may not remain in observation for longer than 14 days.

DOC 375.05(3) (3) A youth placed in observation under s. DOC 375.04 (1) (c) may remain in observation for a reasonable period of time for diagnosis and, if necessary, treatment until the disease or condition is in remission or the youth has passed the communicable stage of the disease or infection.

DOC 375.05(4) (4) When a youth is placed in observation, the superintendent shall give the youth written notice of this section and s. DOC 375.10.

DOC 375.05 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 375.06 DOC 375.06 Review of need for continued observation.

DOC 375.06(1) (1) If a physician or psychologist determines that observation of a youth under s. DOC 375.04 (1) (a) must continue beyond 14 days and the superintendent has initiated transfer proceedings under s. DOC 375.04 (3) (b) or (c), a psychologist or physician, other than the person who made the original placement, shall review the need for continued confinement of the youth following notice under sub. (2).

DOC 375.06(2) (2) The psychologist or physician who conducts the review under sub. (1) shall serve written notice of the review on the youth within 14 days after the youth is first placed in observation. Notice shall include:

DOC 375.06(2)(a) (a) The allegation of the youth’s mental illness and dangerousness.

DOC 375.06(2)(b) (b) The standards used to determine mental illness and dangerousness.

DOC 375.06(2)(c) (c) The evidence to be considered at the review.

DOC 375.06(2)(d) (d) The sources of information relied upon, unless such disclosure would threaten personal safety or institution security. If information is not disclosed, the notice shall state that information is not being disclosed and the reason it has not being disclosed.

DOC 375.06(2)(e) (e) An explanation of the possible consequences of the review.

DOC 375.06(2)(f) (f) An explanation of the youth’s rights at the review which include all of the following:

DOC 375.06(2)(f)1. 1. The right to be present.

DOC 375.06(2)(f)2. 2. The right to deny the allegation.

DOC 375.06(2)(f)3. 3. The right to an advocate in accordance with s. DOC 373.74 and the right to present or have the advocate present information obtained from witnesses.

DOC 375.06(2)(f)4. 4. The right to present documentary evidence.