DCF 52.31(1)(1)Applicability.
DCF 52.31(1)(a)(a) Residents receiving services for a mental illness, alcohol or drug abuse or a developmental disability have the patient rights under s. 51.61, Stats., and ch. DHS 94 and shall have access to grievance resolution procedures that meet standards set out in subch. III of ch. DHS 94. Other residents receiving treatment services under this chapter who are not specifically identified as coming under s. 51.61, Stats., and ch. DHS 94 shall have rights that are comparable and access to grievance resolution procedures that are comparable.
DCF 52.31(1)(b)(b) A resident’s rights under this section are subject to the rights, duties and responsibilities of the resident’s parent or guardian and legal custodian, if any. A resident’s rights are also subject to the terms and conditions of any court order or other lawful authority governing the conduct of the resident and subject to any limitations or denial of a right allowed under s. 51.61, Stats., ch. DHS 94 and this section.
DCF 52.31(1)(c)(c) Center staff at the time of a resident’s admission or within 48 hours after admission shall give the resident, if able to understand, and the resident’s parents or guardian and legal custodian, if any, an explanation, both orally and in writing, of resident rights under s. 51.61, Stats., ch. DHS 94 and this section.
DCF 52.31(2)(2)Compliance assurance. The center director shall ensure that all staff who work with residents are aware of the requirements of this section. The director shall also ensure that staff are aware of the requirements of s. 48.78 or 938.78, Stats., s. 51.30, Stats., and ch. DHS 92 on confidentiality and s. 51.61, Stats., and ch. DHS 94 on patient rights and the rights otherwise accorded under this section and the criminal and civil penalties for violating those statutes and rules. The rights and grievance procedures shall be posted in a conspicuous location in each living unit in the center.
DCF 52.31 HistoryHistory: Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
subch. V of ch. DCF 52Subchapter V — Program Operation
DCF 52.41DCF 52.41Center program.
DCF 52.41(1)(1)Program statement and operating plan. Each center shall have a written program statement describing center treatment purpose, philosophy, approach and methods used, and services available, as well as a written operating plan describing available treatment and services as specified under pars. (a) to (d). A center shall give a copy of the current center program statement and, upon request, the center operating plan, and all updates, to each resident’s placing person or agency and, if not the same, the resident’s parents or guardian and legal custodian, if any. A center’s operating plan shall describe all of the following:
DCF 52.41(1)(a)(a) Treatment. Treatment program policies and procedures covering all of the following:
DCF 52.41(1)(a)1.1. Treatment purpose, philosophy and services.
DCF 52.41(1)(a)2.2. Qualifications of staff responsible for planning and carrying out treatment procedures.
DCF 52.41(1)(a)3.3. The population served by age and sex and by type, such as developmentally disabled, emotionally disturbed, alcohol or drug abusing, transitioning to independence, juvenile delinquent or correctional aftercare, and the range or types of behaviors or conditions for which the center’s treatment procedures and techniques are appropriate.
DCF 52.41(1)(a)4.4. Pre-screening procedures used for determining appropriateness of admission.
DCF 52.41(1)(a)5.5. Procedures used to involve the resident and the resident’s parents or guardian and legal custodian, if any, in resident assessment and treatment planning including identification of the means used to foster positive relationships between the resident and the resident’s family or guardian that are supportive of the resident in reaching treatment plan and permanency plan goals.
DCF 52.41(1)(a)6.6. How the center will implement and review specific provisions of the resident’s treatment plan, court order and permanency plan developed under s. 48.38, Stats., including how the center will coordinate efforts with the placing person or agency and other involved persons or agencies.
DCF 52.41(1)(a)7.7. Methods used by the center for determining when treatment goals are achieved, or that treatment is ineffective or detrimental for a particular resident.
DCF 52.41(1)(a)8.8. Resident conduct as governed by center behavior management and control procedures or measures including house rules covering policies on resident overnight visits outside the center and off-grounds privileges and any resident rights limitations under s. DCF 52.31 prohibiting such things as gang-related clothing or therapeutically contraindicated items.
DCF 52.41(1)(a)9.9. A list of daily activities available to residents including educational and recreational activities.
DCF 52.41(1)(a)10.10. Procedures which ensure clear communication between resident care workers on one shift and the resident care workers on the next shift regarding any significant incident involving a resident they supervise in common such as running away, an incident of abuse or neglect pursuant to s. 48.981, Stats., a behavior that injures the resident or others, an accident requiring medical attention, intentional property damage, any emergency safety intervention physical hold restraint or physically enforced separation as defined under s. DCF 52.42 (1) or any other incident of a serious nature. The procedures shall include documenting any incident involving a resident and the date and time it occurred in the resident’s case record and, if pertinent to resident treatment, in the resident’s treatment record progress notes.
DCF 52.41(1)(a)11.11. Methods used by the center to evaluate its treatment program.
DCF 52.41(1)(b)(b) Educational program services. Educational program services that coordinate a resident’s educational programming with the school from which the resident came upon admission and the school which will receive the resident after center discharge and that cover all of the following:
DCF 52.41(1)(b)1.1. Procedures for referring residents to public schools when not part of an on-grounds program.
DCF 52.41(1)(b)2.2. Procedures for relating each resident’s treatment plan goals under s. DCF 52.22 (2) (b) to educational goals and services based on the resident’s needs.
DCF 52.41(1)(b)3.3. Identification of all center staff, schools and agencies responsible for resident education.
DCF 52.41(1)(b)4.4. Provision for either the center case work supervisor or a resident’s services case manager to coordinate efforts with persons responsible for the resident’s education. This shall include arranging, where possible, for educational personnel to participate in assessment of a new resident’s needs and development of the resident’s treatment plan under s. DCF 52.22 (2) and treatment plan implementation and review conferences under s. DCF 52.22 (3) (b). Center staff identified under subd. 3., shall ensure that a report of the resident’s educational assessment and progress is given to the school or persons responsible for the individual’s education following discharge from the center.
DCF 52.41(1)(b)5.5. Procedures and timelines for assessing the educational progress of each resident. The procedures shall identify center staff involved in educational assessment, and how assessment information will be used in the review, implementation and revision of a particular resident’s treatment plan and educational services.
DCF 52.41(1)(b)6.6. Arrangements for provision of vocational training opportunities under s. 118.15 (1) (b), Stats.
DCF 52.41(1)(b)7.7. Compliance with applicable parts of ss. 115.77, 115.81 and 118.165, Stats., and cooperation with the Wisconsin department of public instruction in providing regular or exceptional educational services to residents.