DHS 98.18(2)(2) Corporal punishment of clients is forbidden. This prohibition allows no exceptions and applies to public and private programs.

DHS 98.18(3)(3) Non-deadly force may be used by field staff against clients only if the user of force reasonably believes it is immediately necessary to realize one of the following purposes:

DHS 98.18(3)(a)(a) To prevent death or bodily injury to oneself or another;

DHS 98.18(3)(b)(b) To prevent unlawful damage to property that may result in death or bodily injury to oneself or another;

DHS 98.18(3)(c)(c) To prevent a client from fleeing the control of a field staff member;

DHS 98.18(3)(d)(d) To change the location of a client; or

DHS 98.18(3)(e)(e) To prevent unlawful damage to property.

DHS 98.18(4)(4) Non-deadly force may be used to apprehend a client or take a client into custody only in the following manner:

DHS 98.18(4)(a)(a) Staff should exhaust all efforts to persuade clients to voluntarily be taken into the custody of field staff prior to using force;

DHS 98.18(4)(b)(b) If the client refuses to voluntarily be taken into custody, staff may exercise minimal physical force necessary to apprehend the client. Minimal force should be exercised in the following way:

DHS 98.18(4)(b)1.1. If possible, staff should not attempt to physically handle the client until sufficient staff are present to evidence a show of force;

DHS 98.18(4)(b)2.2. The client should again be asked to voluntarily be taken into custody;

DHS 98.18(4)(b)3.3. If the client refuses to voluntarily be taken into custody, the client may be firmly grasped by one or more staff; and

DHS 98.18(4)(b)4.4. The client shall then be handcuffed behind his or her back or restrained by other appropriate methods;

DHS 98.18(4)(c)(c) After use of force, the client and staff should be checked for injury and treated by a physician if necessary. If injury resulted, the regional chief shall be notified and a summary report shall be submitted to the regional chief and the administrator of the division of care and treatment facilities detailing the cause and extent of the injury and the treatment provided for it; and

DHS 98.18(4)(d)(d) If force is used, a written report describing the incident including the names of all people who observed the exercise of force shall be submitted to the regional chief and the administrator of the division of care and treatment facilities, and shall be included in the client’s record.

DHS 98.18(5)(5) Deadly force may not be used by field staff against clients except to prevent death or great bodily injury to oneself or another.

DHS 98.18(6)(6) Deadly force may not be used by field staff if its use creates a substantial danger of harm to innocent third parties, unless the danger created by not using such force is greater than the danger created by using it.

DHS 98.18(7)(7) The use of excessive force is forbidden. “Excessive force”means force greater than what is reasonably necessary to achieve the objective for which it is used.

DHS 98.18(8)(8) In an emergency, field staff may be used at an institution. In those circumstances, staff shall abide by the use of force rules under ch. DOC 306.

DHS 98.19(1)(1) Mechanical restraints are limited to handcuffs, handcuffs with restraining belt or chain, restraining chain, leg restraints, and leather and plastic restraints. These may be used to restrain and transport a client, but only in accordance with this section.

DHS 98.19(2)(2) Mechanical restraints may only be used in the following circumstances:

DHS 98.19(2)(a)(a) To protect staff or others from a client who poses an immediate risk of flight or physical injury to others, unless restrained;

DHS 98.19(2)(b)(b) To protect a client who poses an immediate threat of physical injury to himself or herself, unless restrained;