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.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.

DCF 52.42(7)(a)2.c.c. Use is followed by a review of the need for development of goals and objectives in the resident’s treatment plan to govern the use of locked unit physically enforced separation or to minimize or eliminate its need.

DCF 52.42(7)(a)3.3. Use of a locked unit is part of a behavior management and control program described in the resident’s treatment plan provided that the following conditions are met:

DCF 52.42(7)(a)3.a.a. The resident exhibits or recently has exhibited severely aggressive or destructive behaviors that place the resident or others in real or imminent danger and the lack of the locked unit prevents treatment staff from being able to treat the resident.

DCF 52.42(7)(a)3.b.b. A physician, a psychologist licensed under ch. 455, Stats., or an independent clinical social worker certified under s. 457.08 (4), Stats., who is knowledgeable about contemporary use of locked unit treatment intervention gives written approval included in the resident’s treatment record for its use.

DCF 52.42(7)(a)3.c.c. The goals, objectives and approaches in the resident’s treatment plan support its use. Goals and objectives shall be directed at reducing or eliminating the need for use of a locked unit.

DCF 52.42(7)(a)3.d.d. The parent or guardian and legal custodian of the resident if a minor, gives informed consent in writing to the use of a locked unit or the locked unit intervention is ordered by a court or other lawful authority.

DCF 52.42(7)(a)3.e.e. The resident has no known medical or mental health condition which would place the resident at risk of harm from being placed in a locked unit as evidenced by a statement from a physician.

DCF 52.42(7)(b)(b) Record. The center shall maintain a written record of the following information on locked unit use under par. (a) 3, in the resident’s treatment record:

DCF 52.42(7)(b)1.1. The name and age of the resident.

DCF 52.42(7)(b)2.2. The date or dates the resident is in a locked unit and the length of time each day.

DCF 52.42(7)(b)3.3. At least weekly assessment for continued need for locked unit use.

DCF 52.42(7)(c)(c) Supervision. Appropriately trained staff shall directly supervise use of a locked unit. Appropriately trained staff are staff who have received the training under s. DCF 52.12 (5) (b) 4. and (c).

DCF 52.42(7)(d)(d) Center locked unit policies and procedures. A center with a locked unit shall have written policies and procedures that include all of the following:

DCF 52.42(7)(d)1.1. Except as provided in this subsection, no resident may be housed in a locked unit.

DCF 52.42(7)(d)2.2. A resident may be in a locked unit only if there is a written informed consent document signed by the resident’s parent or guardian and legal custodian or by an order of a court or other lawful authority or as provided under subd. 5. A copy of the informed consent document, court order or document from another lawful authority shall be filed in the resident’s treatment record.

DCF 52.42(7)(d)3.3. Parent or guardian and legal custodian written informed consent to placement of a resident in a locked unit shall be effective for no more than 45 days from the date of the consent and may be withdrawn sooner unless otherwise specified in a court order or by another lawful authority. Parent or guardian and legal custodian written informed consent for continued use of a locked unit may be renewed for 30 day periods except as otherwise specified in a court order or by another lawful authority. Each renewal of informed consent shall be through a separate written informed consent document.

DCF 52.42(7)(d)4.4. The resident’s parent or guardian or the legal custodian may withdraw the written informed consent to the resident being placed in a locked unit at any time, orally or in writing. Except as otherwise specified in a court order or by another lawful authority, the resident shall be transferred to an unlocked unit promptly following withdrawal of informed consent.

DCF 52.42(7)(d)5.5. In an emergency such as when a resident runs away, is being held for movement to secure detention until police arrive or has attempted suicide, the resident may be placed in a locked unit without parent or guardian or legal custodian consent. The parent or guardian and legal custodian shall be notified as soon as possible and written authorization for continued use of the locked unit shall be obtained from the parent or guardian and legal custodian within 24 hours. No resident kept in a locked unit under this subdivision may be kept in the locked unit for more than an additional 72 hours unless a written informed consent document signed by the parent or guardian and legal custodian authorizing continued locked unit use is obtained.

DCF 52.42(7)(d)6.6. Prior to use of a locked unit, written approval to lock exit access doors of the unit is obtained from the Wisconsin department of safety and professional services.

DCF 52.42(7)(d)7.7. All staff members supervising residents in a locked unit shall have the means to unlock the unit immediately if this is necessary.

DCF 52.42(7)(d)8.8. A locked unit shall be free of furnishings that could be used by a resident in a harmful way and shall have adequate ventilation.

DCF 52.42(7)(d)9.9. A center shall provide in each locked unit one resident care worker with no assigned responsibilities other than direct supervision of the residents. During hours when residents are awake there shall be one resident care worker for every 4 residents and one resident care worker for every 6 residents during sleeping hours. Staff shall be present in the locked unit with residents and shall have the means to immediately summon additional staff.

DCF 52.42(8)(a)(a) A center may not use intrusive and restrictive behavior management techniques such as behavior-modifying drugs or other forms of physical restraint as defined under s. 48.599 (1r), Stats., not identified in this section unless the center receives approval for their use from the department and where applicable, procedures in accordance with provisions found in this chapter are followed.

DCF 52.42(8)(b)(b) Use of locked rooms for physically enforced separation of residents other than as provided under sub. (5) for emergency safety intervention is prohibited.