Chapter DOC 375

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.

DOC 375.06(2)(f)5. 5. The right to question witnesses.

DOC 375.06(2)(f)6. 6. The right to receive a written decision, stating the reasons based upon the evidence.

DOC 375.06(2)(f)7. 7. The right to appeal the finding in accordance with s. DOC 375.10.

DOC 375.06(2)(f)8. 8. The date, time and place of the review and an order that the youth appear at the review.

DOC 375.06(3) (3) The review under sub. (1) shall take place not sooner than 2 days and not later than 5 days after service of notice to the youth. The youth may not waive the review or the time limits under this subsection.

DOC 375.06(4) (4) All of the following procedures apply at the review under sub. (1):

DOC 375.06(4)(a) (a) The person conducting the review shall read aloud the allegations of the youth’s dangerousness and mental illness.

DOC 375.06(4)(b) (b) All witnesses present including the youth and the staff member who recommended the placement into observation shall have an opportunity to speak.

DOC 375.06(4)(c) (c) The person conducting the review may require that available evidence be offered.

DOC 375.06(4)(d) (d) The youth may ask questions or submit written questions to be asked of a witness. Repetitive, disrespectful, or irrelevant questions may be forbidden.

DOC 375.06(4)(e) (e) The person conducting the review shall maintain a written record consisting of exhibits presented at hearing and a summary of witness statements.

DOC 375.06(4)(f) (f) If the person conducting the review determines that a witness shall not be called or that the identities or sources of information relied upon or any statements or evidence should not be included in the record, because personal safety or institution security is implicated, the omission shall be noted in the record. Witness availability shall be determined consistent with s. DOC 373.76 (3).

DOC 375.06(5) (5) After the review under sub. (1), the person conducting the review shall deliberate in private considering only the evidence presented, the youth’s records and the definitions of dangerousness and mental illness in this chapter. The superintendent shall immediately release the youth from observation if the person conducting the review determines that the youth is not both mentally ill and dangerous. If the person conducting the review determines that the youth is both mentally ill and dangerous, the youth shall remain in observation. The reasons for the decision shall be given to the youth orally and in writing within 5 days after the decision is issued.

DOC 375.06(6) (6) The superintendent shall require a review under sub. (1) at least once every 21 days after issuance of the decision under sub. (5). A youth may not be confined in observation for more than 60 days from the day the youth is placed in observation, unless the administrator grants an extension of that time period. The reviews under sub. (1) must be conducted at least every 21 days during a period of extension.

DOC 375.06 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 375.07 DOC 375.07 Conditions of observation.

DOC 375.07(1) (1) Staff shall confine a youth in observation status in a room appropriate to meet the purposes of this chapter. The youth may have access to common areas if behavior permits such access. The youth shall be entitled to the same privileges and property as youth in the general population, unless any of the following apply:

DOC 375.07(1)(a) (a) The person who placed the youth in observation under s. DOC 375.04 (2) or the supervisor on the observation unit where the youth is placed reasonably believes that the privileges or property may be used by the youth or another youth in observation to harm self or another person.

DOC 375.07(1)(b) (b) The property is not permitted, because of the security needs of the observation unit.

DOC 375.07(2) (2) Staff shall promptly remove any privilege or property used by a youth in observation to harm self or another person. The superintendent shall promptly review the decision and may restore the privilege or property if it is safe to do so.

DOC 375.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 375.08 DOC 375.08 Supervision.

DOC 375.08(1) (1) Staff shall have unimpeded access to youth placed in observation under s. DOC 375.04 (1) (a) or (b), shall observe the youth at least once every 15 minutes and shall accompany the youth at all times while the youth is out of his or her room.

DOC 375.08(2) (2) Staff shall use the most appropriate setting to achieve the objectives of this chapter and to treat youth in observation. Staff shall make a reasonable effort to interact with youth throughout each day.

DOC 375.08(3) (3) The shift supervisor shall promptly inform a health services professional, psychologist or crisis intervention worker of any suicide attempt or other self-harm that occurred prior to or during placement in observation. Staff shall promptly report all placements into and transfers from observation and any suicide attempts prior to or during placement in observation to the superintendent.

DOC 375.08(4) (4) A psychologist or health services professional shall provide appropriate treatment and document the youth’s progress in treatment while the youth is in observation. The psychologist or health services professional shall document in the youth’s file specific descriptions of incidents that may relate to the youth’s mental illness, dangerousness, mental distress or physical condition.

DOC 375.08 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 375.09 DOC 375.09 Removal from observation. A youth shall be returned to previous status and assignment or shall be reassigned by the institution programming authority after removal from observation, with particular attention given, as appropriate, to the special needs which required placement in observation status. A youth may be returned to observation consistent with this chapter.

DOC 375.09 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 375.10 DOC 375.10 Appeal.

DOC 375.10(1) (1) A youth placed in observation under s. DOC 375.04 (1) (a) who does not receive timely reviews in accordance with this chapter or who has had an adverse decision under s. DOC 375.06 (5) may appeal to the administrator.

DOC 375.10(2) (2) A youth placed in observation under s. DOC 375.04 (1) (b) who does not receive timely reviews in accordance with this chapter or who has had an adverse decision under s. DOC 375.04 (3) (a) 2. may appeal to the administrator.

DOC 375.10(3) (3) A youth placed in observation under s. DOC 375.04 (1) (c) for more than 5 days may appeal to the administrator.

DOC 375.10(4) (4) The administrator may request an additional clinical or medical assessment of a youth’s condition prior to completing a written decision, which the administrator shall issue to the youth and appropriate staff within 5 days of receipt of the appeal.

DOC 375.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 375.11 DOC 375.11 Report to administrator. A superintendent shall provide the administrator with a written report every 3 months which identifies by name each youth placed in observation, the reasons for the placement, the date the youth was placed in observation and the date the youth was released from observation.

DOC 375.11 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.