DHS 40.08(7)(d)3.3. Length of time the seclusion or physical restraint was used.
DHS 40.08(7)(d)4.4. Assessment of the appropriateness of the seclusion or physical restraint based on threat of harm to self or others.
DHS 40.08(7)(d)5.5. Assessment of any physical injury to the youth, other clients, or to staff members.
DHS 40.08(7)(d)6.6. The youth’s response to the emergency safety intervention.
DHS 40.08(7)(e)(e) A licensed treatment professional shall review all seclusion and physical restraint documentation prior to the end of the shift in which the intervention occurred and determine whether changes to the youth’s safety plan or treatment plan are necessary.
DHS 40.08(7)(f)(f) If seclusion or physical restraint is administered to a youth more than three times over a period of five days, or in a single instance for more than 30 minutes within 24 hours, the clinical coordinator, or designee, shall do all of the following:
DHS 40.08(7)(f)1.1. Convene staff to discuss the emergency situation that required seclusion or physical restraint, including the precipitating factors that led up to the intervention and any alternative strategies that might have prevented the use of seclusion or physical restraint in those situations.
DHS 40.08(7)(f)2.2. Convene staff to discuss the procedures, if any, to be implemented to prevent further administration of seclusion or physical restraint.
DHS 40.08(7)(f)3.3. Convene staff to discuss the outcome of the seclusion or physical restraint including any injuries.
DHS 40.08(7)(f)4.4. Convene the youth’s interdisciplinary treatment team to review the individualized treatment plan and make any necessary revisions to reduce the need for and likelihood of further use of seclusion or physical restraint, and document the discussion and any resulting changes to the plan in the youth’s chart.
DHS 40.08(7)(f)5.5. Determine whether a higher level of care is required for the youth and if a referral for inpatient or residential placement is necessary.
DHS 40.08(8)(8)Reporting.
DHS 40.08(8)(a)(a) Programs shall report all incidences of seclusion, physical restraint, injury, and involvement of law enforcement to the department within 24 hours of the incident occurring. Reporting shall be completed through the department’s online reporting system.
DHS 40.08(8)(b)(b) The department will evaluate the circumstances of each incident, conduct any appropriate follow-up, and identify programs in need of technical assistance, training, policy development, or other quality improvement.
DHS 40.08 NoteNote: The department reporting link is: https://www.dhs.wisconsin.gov/mh/cadaytreatmentproviders.htm. Questions and information about reporting may be directed to the Division of Care and Treatment Services at 608-266-2717.
DHS 40.08 HistoryHistory: CR 19-018: cr. Register June 2020 No. 774, eff. 7-1-20; correction in (4) (intro.), (5) (e) 3., (6) (d), (7) (e) made under s. 35.17, Stats., Register June 2020 No. 774; CR 23-053: am. (7) (a) (intro.) Register September 2023 No. 813, eff. 10-1-23.
DHS 40.09DHS 40.09Personnel qualifications.
DHS 40.09(1)(1)Minimum requirements.
DHS 40.09(1)(a)(a) Each staff member shall have the professional certification, training, experience, and ability to carry out his or her assigned duties.
DHS 40.09(1)(b)(b) Each staff member shall pass a criminal history and patient abuse record search as provided in s. 50.065, Stats., and a caregiver background check under ch. DHS 12, before working for the program.
DHS 40.09(1)(c)(c) Programs shall comply with caregiver misconduct reporting and investigation requirements in ch. DHS 13.
DHS 40.09 NoteNote: For a state of Wisconsin background check, information on the process and fees can be found on-line at: http://www.doj.state.wi.us/dles/cib/Fees.asp, or contact the Crime Information Bureau, Wisconsin Department of Justice, P.O. Box 2718, Madison, WI 53701-2718.
DHS 40.09(2)(2)Qualifications of program director. The program director shall meet all of the following requirements:
DHS 40.09(2)(a)(a) Meet the qualifications for any of the program staff listed in sub. (3) (a) to (j).
DHS 40.09(2)(b)(b) Have at least one year of experience in a mental health setting working with youth.
DHS 40.09(2)(c)(c) Have at least 2 years of experience as an administrator of a program that provides mental health services to youth and families.
DHS 40.09(3)(3)Qualifications of program staff.
DHS 40.09(3)(a)(a) The clinical coordinator shall meet all of the following qualifications:
DHS 40.09(3)(a)1.1. Be a licensed mental health professional.