DOC 380.04(4)(b)(b) A youth may file a complaint directly with the superintendent in matters related to breach of confidentiality, retaliation, abuse or regarding matters under s. DOC 380.02 (2).
DOC 380.04(4)(c)(c) If a youth is unable to write a complaint, a social worker, youth counselor, or psychologist shall refer the youth to the complaint mediator who shall assist the youth to write a complaint when possible. If the complaint mediator is not able to assist the youth in a timely fashion, the mediator shall request another staff member to assist the youth. If the youth requests assistance from someone other than the mediator or designee, that individual may assist the youth.
DOC 380.04(4)(d)(d) A youth shall file a complaint with the complaint mediator or superintendent within 5 days from the day on which an incident occurred. The complaint mediator or superintendent under par. (b) may waive this requirement if the delay does not adversely affect the investigation.
DOC 380.04(4)(e)(e) A complaint meets the time limitations in par. (d) if it is filed within 5 days of an incident, but does not include all of the information required by par. (f).
DOC 380.04(4)(f)(f) A complaint shall include the following information:
DOC 380.04(4)(f)1.1. A statement of the nature of the complaint with facts upon which the complaint is based.
DOC 380.04(4)(f)2.2. A statement explaining how the complaint affects the youth personally.
DOC 380.04(4)(f)3.3. A statement identifying the staff that the youth has discussed the problem with, as required by par. (a) and a statement indicating the outcome of that discussion.
DOC 380.04(4)(f)4.4. A request for relief, stating what the youth believes would be a satisfactory resolution.
DOC 380.04(4)(g)(g) If a complaint does not include all of the information required by par. (f), the youth shall be given 2 additional days to provide the information. If the youth does not provide the information after the additional time period, the complaint mediator shall process the complaint under this chapter based on the information provided.
DOC 380.04(5)(5)Group complaints.
DOC 380.04(5)(a)(a) A youth may include only one complaint on a complaint form. Group complaints may be on one form and the complainants may sign their names on the form or a sheet of paper attached to the form. A youth who is a party to a group complaint waives the confidentiality provision in s. DOC 380.08.
DOC 380.04(5)(b)(b) The complaint mediator shall determine whether all the youth signing a form are personally affected and whether a legitimate group complaint exists. The group complaint is a valid complaint only as to those youth who are personally affected. The complaint mediator shall liberally construe complaints when determining if there is a group complaint.
DOC 380.04(6)(6)Number of complaints. There is no limit to the number of complaints that may be filed by a youth. If a youth has a complaint pending, the complaint mediator shall process subsequent complaints as time permits, except that complaints concerning health and safety shall have priority.
DOC 380.04(7)(7)Record of complaints. An institution shall maintain a record of each complaint, including the name and identifying number of each complaint, the subject of the complaint and the disposition for at least 3 years after the final decision is issued. The record of complaints shall be maintained separately from a youth’s case file.
DOC 380.04 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 380.05DOC 380.05Designation, training and activities of complaint mediator. All of the following procedures apply to complaint mediators and institutions:
DOC 380.05(1)(1) A superintendent shall designate complaint mediators. The complaint mediators may be staff with other responsibilities, but they shall receive, investigate, mediate and process complaints in accordance with the procedures and time limits established in this chapter. A superintendent shall provide the complaint mediator with full access to youth, staff, facilities and records of the institution.
DOC 380.05(2)(2) The department shall provide complaint mediators with training in complaint procedures and mediation skills.
DOC 380.05(3)(3) A complaint mediator, in cooperation with the superintendent, shall provide youth and staff with written information about the complaint procedure and any modifications of the procedure.
DOC 380.05(4)(4) An institution shall assign a complaint file number and screen all complaints within 24 hours of receipt, excluding weekends and holidays. Priority shall be given to complaints concerning health and safety. The institution shall record the date and time each complaint is received.
DOC 380.05(5)(5) A complaint mediator shall mediate and investigate complaints and keep a written record of information obtained in an investigation.
DOC 380.05(6)(6) A supervisor responsible for a living unit or program may be designated as mediator for complaints that arise within the area of supervisory responsibility, except that no complaint mediator may investigate or decide a case involving a complaint that relates to decisions or actions that involved the complaint mediator.
DOC 380.05(7)(7) A complaint mediator who has a conflict of interest under sub. (6) shall inform the superintendent, who shall appoint an alternate complaint mediator. If a youth believes a complaint mediator has a conflict of interest, the youth may file a complaint under this chapter with the superintendent.
DOC 380.05(8)(8) A complaint mediator shall promptly transmit all necessary documents to each person involved in the complaint process. A complaint mediator shall keep the complainant informed orally or in writing of all decisions or non-action by any person involved in the complaint process under this chapter.
DOC 380.05 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 380.06DOC 380.06Complaint resolution procedure.
DOC 380.06(1)(1)Informal resolution. The complaint mediator shall conduct all of the following procedures:
DOC 380.06(1)(a)(a) Upon receipt of a complaint, the complaint mediator shall attempt to informally resolve the issues raised by the complainant.