DCF 52.42(5)(b)2. 2. Except as otherwise provided for a locked unit under sub. (7) (a) 2. b., initial use of physically enforced separation may not extend for more than one hour without authorization from the center director or a professional staff person designated by the center director.

DCF 52.42(5)(b)3. 3. Except as otherwise provided for a locked unit under sub. (7) (a) 2. b., if a resident is authorized under subd. 2. to be in physically enforced separation for more than one hour and the physically enforced separation lasts for more than 2 hours, or if the resident experiences multiple episodes in a day which prompt use of physically enforced separation for a cumulative period of more than 2 hours during the day, center staff shall consider the need to arrange another more appropriate placement for the resident.

DCF 52.42(5)(b)4. 4. Physical hold restraint on a resident shall not be used to circumvent the requirement of the one hour limit for using a time-out room or a locked unit.

DCF 52.42(5)(b)5. 5. A resident may be kept in physically enforced separation only by means of one of the following:

DCF 52.42(5)(b)5.a. a. A time-out room where the door is latched by positive pressure applied by a staff member’s hand without which the latch would spring back allowing the door to open of its own accord.

DCF 52.42(5)(b)5.b. b. A time-out room where the staff member holds the door to the time-out room shut.

DCF 52.42(5)(b)5.c. c. A time-out room where the staff member is in a position in the doorway to prevent the resident’s leaving.

DCF 52.42(5)(b)5.d. d. A staff member is in a position to prevent a resident from leaving a designated area.

DCF 52.42(5)(b)5.e. e. A time-out room which does not use a key lock, pad lock or other lock of similar design and has a type of lock such as a dead bolt lock, magnetic door lock or lock which only requires the turn of a knob to unlock the door, where a staff member is located next to the time-out room door and has the means to unlock the door immediately, if necessary, and that otherwise meets the requirements of this section and chs. SPS 361 to 366, the Wisconsin Commercial Building Code.

DCF 52.42(5)(b)5.f. f. In a locked unit that otherwise meets the requirements of this section and the provisions for use of locked units for emergency safety intervention under sub. (7) (a) 2.

DCF 52.42(5)(b)6. 6. A resident placed in a time-out room shall be under supervision and shall be free from materials in the room which could represent a hazard to the resident or to others. A time-out room may hold only one resident at a time.

DCF 52.42(5)(b)7. 7. A time-out room shall have adequate ventilation and, if there is a door, a shatter-proof observation window on or adjacent to the door. The window’s location shall allow for observation of all parts of the room. The room’s location shall be within hearing or call to a living area or other area of activity. The time-out room shall have at least 48 square feet of floor space with a ceiling height of not less than 8 feet and a width of at least 6 feet. A time-out room may not include a box or other compartment that represents a stand alone unit within the facility. The time-out room shall be an architectural or permanent part of the building structure.

DCF 52.42(5)(b)8. 8. Physically enforced separation in a time-out room may not be used as a substitute for supervision of a resident who is at risk of running away.

DCF 52.42(6) (6) Emergency safety intervention incident reports.

DCF 52.42(6)(a) (a) For each incident where physical hold restraint or physically enforced separation of a resident was necessary, the staff person on duty shall document in an incident report the following:

DCF 52.42(6)(a)1. 1. The resident’s name, age and sex.

DCF 52.42(6)(a)2. 2. A description of the incident.

DCF 52.42(6)(a)3. 3. The date, time, and location of the incident and methods used to address the resident’s behavior, including duration of each emergency safety intervention episode.

DCF 52.42(6)(a)4. 4. Results achieved from methods used to address resident behavior.

DCF 52.42(6)(a)5. 5. The name of each staff member involved in using the technique or approach with the resident at the time of the incident or when the incident was discovered.

DCF 52.42(6)(a)6. 6. Injuries received by either the resident or a staff member in using physically enforced separation or physical hold restraint, how the injuries happened and any medical care provided.

DCF 52.42(6)(b) (b) In each building housing residents, center staff shall maintain a log of written reports of incidents involving residents. The report of an incident shall include at least the information under par. (a) 1. to 3.

DCF 52.42(6)(c) (c) Resident care staff at the beginning of each shift shall be informed of or review incident reports occurring since their last shift. A copy of each incident report concerning a resident shall be placed in the resident’s treatment record.

DCF 52.42(7) (7) Use of locked units.

DCF 52.42(7)(a) (a) Conditions for use. No resident may be placed in a locked unit unless the center has first obtained department approval to operate a locked unit, the locked unit meets the requirements of this subsection and one of the following applies:

DCF 52.42(7)(a)1. 1. Use of a locked unit is ordered by a physician, to protect the health of the resident or other residents.

DCF 52.42(7)(a)2. 2. Use of a locked unit is for purposes of ensuring physically enforced separation when intervening in an emergency safety situation involving the resident. Use of a locked unit to deal with an emergency safety situation may take place provided that the following conditions are met:

DCF 52.42(7)(a)2.a. a. Use is as a emergency safety intervention physically enforced separation under sub. (5).

DCF 52.42(7)(a)2.b. b. Use of a locked unit for emergency safety intervention physically enforced separation may not extend beyond one hour except with written authorization from a physician, a psychologist licensed under ch. 455, Stats., or an independent clinical social worker certified under s. 457.08 (4), Stats. After review of the resident’s condition, new written orders, where necessary, may be issued for up to 24 hours. The resident shall be released from the physically enforced separation as quickly as possible. In this subdivision paragraph, “as quickly as possible” means as soon as the resident is calm and no longer a danger to self or others.