DCF 52.415 NoteNote: For example, only a parent or guardian can make decisions about a resident’s individualized educational program under s. 115.787, Stats.
DCF 52.415(5)(h)(h) Require or prohibit a resident’s participation in an age or developmentally appropriate activity solely for convenience or a personal reason not applicable to the decision-making factors in sub. (4).
DCF 52.415 HistoryHistory: EmR1633: emerg. cr., eff. 11-18-16: CR 16-051: cr. Register July 2017 No. 739, eff. 8-1-17.
DCF 52.42DCF 52.42Behavior management and control.
DCF 52.42(1)(1)Definitions. In this section:
DCF 52.42(1)(a)(a) “Behavior management and control” means techniques, measures, interventions and procedures applied in a systematic fashion to prevent or interrupt a resident’s behavior which threatens harm to the resident or others or to property and which promote positive behavioral or functional change fostering resident self-control.
DCF 52.42(1)(b)(b) “Informed consent document” means a document signed by a resident’s parent or guardian and legal custodian or under a court order or under another lawful authority which gives written informed consent for use of a locked unit for a resident based on the following:
DCF 52.42(1)(b)1.1. Stated reasons why the intervention is necessary and why less restrictive alternatives are ineffective or inappropriate.
DCF 52.42(1)(b)2.2. The behaviors needing modification.
DCF 52.42(1)(b)3.3. The behavior outcomes desired.
DCF 52.42(1)(b)4.4. The amount of time in each day and length of time in days or months the resident is expected to remain in the locked unit.
DCF 52.42(1)(b)5.5. The time period for which the informed consent is effective.
DCF 52.42(1)(b)6.6. The right to withdraw informed consent at any time verbally or in writing and possible consequences for the center and resident if consent is withdrawn.
DCF 52.42(1)(c)(c) “Locked unit” means a ward or wing designated as a protective environment in which treatment and services are provided and which is secured by means of a key lock in a manner that prevents residents from leaving the unit at will. A facility locked for purposes of external security is not a locked unit provided that residents may exit at will.
DCF 52.42(1)(d)(d) “Emergency safety intervention” means that a staff member physically intervenes with a resident when the resident’s behavior presents an imminent danger of harm to self or others and physical restraint or physically enforced separation is necessary to contain the risk and keep the resident and others safe.
DCF 52.42(1)(e)(e) “Physically enforced separation” means that a resident is temporarily physically removed to a time-out room or area including, where applicable, a locked unit. “Physically enforced separation” does not include sending a resident on the resident’s own volition to the resident’s room or another area for a cooling off period as part of a de-escalation technique.
DCF 52.42(1)(f)(f) “Physical hold restraint” means that a resident is temporarily physically restrained by a staff member.
DCF 52.42(1)(g)(g) “Time-out room” means a designated room used for temporarily holding a resident who is in physically enforced separation from other residents.
DCF 52.42(2)(2)Monitor and review responsibility.
DCF 52.42(2)(a)(a) A center shall assign to a professional staff member the responsibility to monitor and review, on an ongoing basis, the use of all center behavior management measures identified under par. (b) for appropriateness and consistency.
DCF 52.42(2)(b)(b) Monitoring and review shall cover violation of house rules and their resulting consequences, the use of physical hold restraint and physically enforced separation in emergency safety intervention, the use of a locked unit when used to facilitate a resident’s treatment plan under sub. (7) (a) 3., and all related center policies and procedures.
DCF 52.42(3)(3)Conduct of residents. A center shall have written policies and procedures covering the conduct expected of residents. The policies and procedures shall do all of the following:
DCF 52.42(3)(a)(a) Promote the growth, development and independence of residents.
DCF 52.42(3)(b)(b) Address the extent to which a resident’s choice will be accommodated in daily decision making. There shall be an emphasis on self-determination and self-management.
DCF 52.42(3)(c)(c) Specify center behavior management techniques and approaches available to change, eliminate or modify the behaviors or conditions identified in the center’s program statement and operating plan required under s. DCF 52.41 (1).
DCF 52.42(3)(d)(d) Specify criteria for levels of supervision of activities, including off-grounds activities. These criteria shall be directed at protecting the safety and security of residents, center staff, visitors and the community.
DCF 52.42(3)(e)(e) Provide for making a record of a resident’s off-grounds activities. The record shall include where the resident will be, duration of the visit, the name, address and phone number of the person responsible for the resident and expected time of the resident’s return.
DCF 52.42(3)(f)(f) Specify house rules for the residents. The house rules shall include all of the following:
DCF 52.42(3)(f)1.1. A general description of acceptable and unacceptable conduct.