Chapter DOC 396

DOC 396.21(2)(b) (b) To encourage communication and cooperation between youth and staff.

DOC 396.21(2)(c) (c) To resolve problems that arise under supervision in an orderly and consistent manner.

DOC 396.21(3) (3) Scope. This complaint procedure may be used by youth in the programs referred to in s. DOC 396.01 (1) to obtain a review of a department decision that affects the youth personally, except any decision regarding the following:

DOC 396.21(3)(a) (a) Custody and detention.

DOC 396.21(3)(b) (b) Termination.

DOC 396.21(3)(c) (c) A violation of a criminal law or ordinance.

DOC 396.21(3)(d) (d) The use or possession of a firearm or any weapon.

DOC 396.21(3)(e) (e) Any conditions of supervision imposed by a court or the office of juvenile offender review.

DOC 396.21(3)(f) (f) Discharge of a youth prior to the original discharge date of the youth’s order for supervision.

DOC 396.21(3)(g) (g) A major sanction under s. DOC 396.10.

DOC 396.21(4) (4) Filing a complaint.

DOC 396.21(4)(a) (a) A youth may initiate a review of a decision by filing a complaint with his or her agent.

DOC 396.21(4)(b) (b) The agent shall attempt to informally resolve the complaint. Any resolution agreed to by the agent and the youth shall be documented in the youth’s file.

DOC 396.21(4)(c) (c) If the complaint is not resolved as provided under par. (b), the youth may file a written request for review with the agent’s supervisor within 5 days of the decision on which the complaint is based, except that the supervisor may for good cause accept a complaint after that time.

DOC 396.21(5) (5) Supervisor’s investigation and decision.

DOC 396.21(5)(a) (a) Upon receipt of a written request for review, the supervisor shall notify the agent of the complaint and obtain a statement from the agent regarding the complaint.

DOC 396.21(5)(b) (b) The supervisor shall review the complaint, the request for review, the agent’s statement and any other relevant information. The supervisor may interview the youth or others to investigate the complaint. The supervisor shall issue a written decision within 14 working days of receipt of the request for review, stating the reasons for the decision. The youth and the agent shall be given copies of the decision.

DOC 396.21(5)(c) (c) Failure to issue a decision within the 14-day time period affirms the agent’s decision.

DOC 396.21(6) (6) Appeal of the supervisor’s decision.

DOC 396.21(6)(a) (a) A youth may appeal the supervisor’s decision in writing to the regional chief within 5 working days of the receipt of the decision, or the failure to issue a decision, stating the reasons for the appeal and requesting further review.

DOC 396.21(6)(b) (b) The regional chief shall review the youth’s complaint and the supervisor’s decision and issue a decision within 14 working days of receipt of the appeal, stating the reasons for the decision. The regional chief may interview the youth or others to investigate the complaint. Copies of the decision shall be sent to the youth, the agent and the agent’s supervisor.

DOC 396.21(7) (7) Appeal of the regional chief’s decision.

DOC 396.21(7)(a) (a) If the youth disagrees with the decision of the regional chief, the youth may appeal to the administrator within 5 working days after receiving the decision.

DOC 396.21(7)(b) (b) The administrator shall review all relevant materials, including the youth’s complaint, the supervisor’s decision, and the regional chief’s decision and shall issue a written decision on the complaint within 14 working days after receiving the appeal. Copies of this decision shall be sent to the youth, the supervisor and the regional chief.

DOC 396.21(7)(c) (c) If the administrator is unable to issue the decision within 14 working days, the administrator shall notify the parties involved of the reason for the delay. The administrator shall then have an additional 14 working days to issue a decision.

DOC 396.21(7)(d) (d) The administrator’s decision on the complaint shall be the final decision of the department.

DOC 396.21(7)(e) (e) If the administrator does not issue a decision, the decision of the regional chief shall be final.

DOC 396.21(8) (8) Affect of appeal on a disputed decision. During the period required under this section for investigation or review of any complaint, all affected parties shall comply with the decision currently under dispute.

DOC 396.21(9) (9) Expedited appeal. If the time periods required under this section for appeal of a complaint would effectively moot the complaint, the supervisor, regional chief or administrator shall make all reasonable efforts to expedite the appeal.

DOC 396.21(10) (10) Penalties.

DOC 396.21(10)(a) (a) Staff shall not penalize a youth for filing a complaint under this section.

DOC 396.21(10)(b) (b) Notwithstanding par. (a), a youth may be subject to discipline, up to and including transfer of the youth to a type 1 secured correctional facility, if it is determined that the youth knowingly made a false allegation or complaint.

DOC 396.21 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.