Chapter DOC 375

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.