DHS 88.09(2)(b)(b) Licensee record. The licensee shall maintain and keep up to date a separate record for the licensee which shall contain the information listed in par. (a) 1., 2., 3., 5., 6., 8. and 9.

DHS 88.09(2)(c)(c) Location and retention period. Service provider and licensee records shall be available at the adult family home for review by the licensing agency. A service provider’s record shall be available while the service provider is employed by the home and for at least 3 years after ending employment.

DHS 88.10(1)(1) Legal rights. A licensee shall comply with all applicable statutes and rules relating to resident rights, including s. 51.61, Stats., chs. 54, 55, and 304, Stats., and chs. DHS 92 and 94.

DHS 88.10 NoteNote: These laws may clarify or condition a particular resident’s right, depending on the legal status of the resident or a service being received by the resident.

DHS 88.10(2)(2) Explanation of resident rights. The licensee shall explain and provide copies of the resident rights under sub. (3) and the grievance procedure under sub. (5) to the person being admitted, that person’s guardian, family members involved in the placement and any designated representative of the person before the service agreement is signed.

DHS 88.10(3)(3) Rights of residents. Individuals, except for correctional residents, have basic rights which they do not lose when they enter an adult family home. A resident shall have all of the following rights:

DHS 88.10(3)(a)(a) Fair treatment. To be treated with courtesy, respect and full recognition of the resident’s dignity and individuality.

DHS 88.10(3)(b)(b) Privacy. To have physical and emotional privacy in treatment, living arrangements and in caring for personal needs, including toileting, bathing and dressing. The resident, resident’s room, any other area in which the resident has a reasonable expectation of privacy, and the personal belongings of a resident shall not be searched without the resident’s permission or permission of the resident’s guardian except when there is a reasonable cause to believe that the resident possesses contraband. The resident shall be present for the search.

DHS 88.10(3)(c)(c) Confidentiality. To have his or her records kept confidential as described in s. DHS 88.09 (1) (b).

DHS 88.10(3)(d)(d) Presumption of competency. To be treated as mentally competent unless there has been a court determination of incompetency under ch. 54, Stats. A resident who has been adjudicated incompetent has a right to have his or her guardian fully informed and involved in all aspects of his or her relationship to the adult family home. A resident who has been adjudicated incompetent shall be allowed decision-making participation to the extent that the resident is capable of participating.

DHS 88.10(3)(e)(e) Self-direction. To have opportunities to make decisions relating to care, activities and other aspects of life in the adult family home. No curfew, rule or other restrictions on a resident’s freedom of choice shall be imposed unless specifically identified in the home’s program statement or the resident’s individual service plan. An adult family home shall help any resident who expresses a preference for more independent living to contact any agency needed to arrange for it.

DHS 88.10(3)(f)(f) Financial affairs. To manage his or her own financial affairs, including any personal allowances under federal or state programs, unless the resident delegates, in writing, responsibility for financial management to the licensee or someone else of the resident’s choosing or the resident is adjudicated incompetent in which case the guardian or guardian’s designee is responsible.

DHS 88.10(3)(g)(g) Clothing and possessions. To retain and use personal clothing and effects and to retain, as space permits, other personal possessions in a reasonably secure manner.

DHS 88.10(3)(h)(h) Social activity choice. To meet with and participate in social and community activities at the resident’s own discretion.

DHS 88.10(3)(i)(i) Choice of providers. To exercise complete choice of providers of physical health care, mental health care and pharmaceutical services.

DHS 88.10(3)(j)(j) Treatment choice. To receive all treatments prescribed by the resident’s physician and to refuse any form of treatment unless the treatment has been ordered by a court. The written informed consent of the resident or resident’s guardian is required for any treatment administered by the adult family home.

DHS 88.10(3)(k)(k) Religion. To participate in religious activities of the resident’s choice. No resident may be required to engage in any religious activity.

DHS 88.10(3)(L)(L) Safe physical environment. To a safe environment in which to live. The adult family home shall safeguard residents who cannot fully guard themselves from environmental hazards to which they are likely to be exposed, including conditions which would be hazardous to anyone and conditions which would be or are hazardous to a particular resident because of the resident’s condition or disability.

DHS 88.10(3)(m)(m) Freedom from abuse. To be free from physical, sexual or mental abuse, neglect, and financial exploitation or misappropriation of property.

DHS 88.10(3)(n)(n) Freedom from seclusion and restraints.

DHS 88.10(3)(n)1.1. Except as provided in subd. 2., to be free from seclusion and from all physical and chemical restraints, including the use of an as-necessary (PRN) order for controlling acute, episodic behavior.

DHS 88.10(3)(n)2.2. Physical restraints may be used in an emergency when necessary to protect the resident or another person from injury or to prevent physical harm to the resident or another person resulting from the destruction of property, provided that law enforcement or other emergency assistance be summoned as soon as possible and the incident is reported to the licensing agency by the next business day with documentation of what happened, the actions taken by the adult family home and the outcomes.

DHS 88.10(3)(o)(o) Labor. To not be required by the licensee to perform labor which is of any financial benefit to the licensee.

DHS 88.10(3)(p)(p) Prompt and adequate treatment. To receive prompt and adequate treatment and services appropriate to the resident’s needs.

DHS 88.10(3)(q)(q) Medication. To receive all prescribed medications in the dosage and at the intervals prescribed by the resident’s physician, and to refuse medication unless there has been a court order under s. 51.61 (1) (g), Stats., with a court finding of incompetency.

DHS 88.10(3)(r)(r) Mail. To receive and send sealed, unopened mail, including packages. The licensee shall give mail to residents on the day it is received or as soon as possible thereafter, unless the licensee has reasonable cause to believe that the mail being sent or received contains contraband, in which case a resident’s mail may be opened by the licensee but only in the presence of the resident.

DHS 88.10(3)(s)(s) Telephone calls. To make and receive a reasonable number of telephone calls of reasonable duration and in privacy.