Wisconsin Administrative Code

DHS 94.27 Storage space. (1) Each inpatient shall be provided sufficient and convenient space for clothing, toilet articles and other personal belongings, as required under s. 51.61 (1) (r), Stats., and this section. (2) Individual storage space shall be conveniently accessible t…

DHS 94.28 Right to file grievances. (1) A patient or a person acting on behalf of a patient may file a grievance under s. DHS 94.29 procedures with the administrator of a facility or other service provider or with a staff member of the facility or other service provider without f…

DHS 94.29 Grievance resolution procedures. Failure of a treatment facility to comply with any provision of rights under s. 51.61, Stats., or this chapter may be processed as a grievance under s. 51.61 (5), Stats., and subch. III of this chapter. History: Renum. from HSS 94.27 (1)…

DHS 94.30 Compliance assurance. (1) Each treatment facility director and program director shall ensure that all of his or her employees who have any patient contact are aware of the requirements of this chapter and of the criminal and civil liabilities for violation of ss. 51.30 …

DHS 94.31 Application of other rules and regulations. In applying the requirements of this chapter, when a different state rule or federal regulation also applies to the protection of a particular right of patients, the different state rule or federal regulation shall be controll…

DHS 94.40 System requirements.

DHS 94.41 Program level review.

DHS 94.42 Administrative review by county or state.

DHS 94.43 State level review of county administrative decision.

DHS 94.44 Final state review.

DHS 94.45 Program coalitions.

DHS 94.46 Multiple grievances by one client.

DHS 94.47 Related grievances by several clients.

DHS 94.48 Grievances involving several programs.

DHS 94.49 Grievances presented on behalf of clients.

DHS 94.50 Interim relief.

DHS 94.51 Complaints related to the existence or operation of grievance resolution systems.

DHS 94.52 Investigation by the department.

DHS 94.53 Support for development of grievance resolution systems.

DHS 94.54 Units of time. practitioners who deliver services through offices that are not part of a program. History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; am. (1), renum. (2) DH…

DHS 95.01 Authority and purpose. Pursuant to the authority vested in the department by ss. 46.055, 46.058 (2m), 51.61 (9), 227.11 (2), 980.04 (1), 980.06, 980.065 (2) and 980.067, Stats., the department adopts this chapter to do all of the following: (1) Define the use of Xnecess…

DHS 95.02 Applicability. This chapter applies to the secure mental health facility established under s. 46.055, Stats., the Wisconsin resource center established under s. 46.056, Stats., and any secure mental health unit or facility provided by the department of corrections under…

DHS 95.03 Definitions. (1) XAdministratorY means the administrator of the division. (2) XBodily injuryY means physical injury, illness, or any impairment of physical condition. (3) XDepartmentY means the department of health services. (4) XDirectorY means the superintendent of a …

DHS 95.04 Preventing escapes. The director shall adopt written policies and procedures consistent with this chapter to prevent escapes.

DHS 95.05 Pursuing and capturing escapees. The director shall adopt written policies and procedures consistent with this chapter to pursue and capture escapees. The director may enter agreements with local and state law enforcement agencies to pursue and capture escapees.

DHS 95.06 Use of force. (1) INTERVENTION OPTIONS. (a) Policies and procedures. The director shall adopt written policies and procedures that establish an intervention options model of force based on the perceived level of threat to guide staff in the use of force during a disturb…

DHS 95.07 Documentation. The director shall adopt written policies and procedures to ensure that all uses of force are documented in a manner approved by the department.

DHS 95.08 Training. (1) The director shall adopt written policies and procedures to ensure that facility staff who may be called upon to use force under s. DHS 95.06 are properly trained and regularly updated on the intervention options model of force policies and procedures adop…

DHS 95.10 Escorted leaves for chapter 980 patients. (1) Pursuant to s. 980.067, Stats., the director of the secure mental health facility established under s. 46.055, Stats., the Wisconsin resource center established under s. 46.056, Stats., or any secure mental health unit or fa…

DHS 97.01 Authority and applicability. Pursuant to authority under ss. 46.056 and 227.11 (2), Stats., the department adopts this chapter as the procedures governing complaints by inmates pertaining to the Wisconsin Resource Center.

DHS 97.03 Definitions. (1) In this chapter: (a) “Corrections complaint examiner” or “CCE” has the meaning given in s. DOC 310.03. (b) “DCTS administrator” means the administrator of the department’s division of care and treatment services. (c) “Department” means the department of…

DHS 97.04 Revisions in procedure. (1) For complaints pertaining to WRC, the provisions of ch. DOC 310 apply, except as provided in sub. (2). (2) (a) Notwithstanding s. DOC 310.04 (3), the director shall appoint an institution complaint examiner. (b) The CCE may send a copy of his…

DHS 98.01 Authority and purpose. This chapter is promulgated under the authority of ss. 51.37 (9), 51.375 (3), 971.17 (3) (e), and 980.08 (6m), Stats., to provide rules for supervision in communities of persons who are committed to the department and placed under its control afte…

DHS 98.02 Applicability. This chapter applies to the department and to all persons under its custody and supervision who were committed to the department after being found: (1) Not guilty by reason of mental disease or mental defect of a crime and for whom the commitment order sp…

DHS 98.03 Definitions. In this chapter: (1) XAbscondingY means the failure of a client to make himself or herself available as directed by the agent. (2) XAdministratorY means the administrator of the department[s division of care and treatment facilities or designee. (3) XAgentY…

DHS 98.04 Field supervision. (1) GENERAL. Supervision is a mechanism of control and an attempt to guide clients into socially appropriate ways of living. Field staff are to provide individualized supervision of clients in a manner consistent with the goals and objectives of this …

DHS 98.05 Prerelease planning. The prerelease plan shall be prepared by the client and institution staff or by the department and the county department under s. 51.42, Stats., as appropriate. After the client and institution or the department and county department under s. 51.42,…

DHS 98.06 Notice to law enforcement of client release to supervision. Before releasing a client to field supervision, the department shall notify the municipal police depart- the chapter was last published. DHS 98.06 WISCONSIN ADMINISTRATIVE CODE ment and the county sheriff in th…

DHS 98.07 Funds, property and loans. (1) In this section, Xfinancial resourcesY means any special benefits the client is eligible for, e.g., benefits from the social security or veteran[s administration or railroad retirement fund, any income earned by the client, any money in a …

DHS 98.08 Intrastate transfer. (1) CRITERIA. A client may request transfer to another geographical area of the state if transfer is consistent with the goals and objectives of supervision for the client, and: the chapter was last published. 5 DEPARTMENT OF HEALTH SERVICES (a) The…

DHS 98.09 Cooperation with other jurisdictions. The department shall cooperate with other jurisdictions that have signed the uniform act for out-of-state probation and parole supervision to provide for the welfare and protection of clients and the public by means of the return fr…

DHS 98.10 Client complaint process. (1) PURPOSE. The department shall afford clients an opportunity for administrative review of certain types of decisions through the client complaint process. (2) OBJECTIVES. The objectives of the client complaint process are: (a) To allow clien…

DHS 98.11 Purchase of services. (1) If a client requires assistance or materials that cannot feasibly be provided through any other available resource, the department may provide the assistance through individual or group service contracts with service agencies. (2) The departmen…

DHS 98.12 Absconding. (1) If a client absconds, an agent shall request that the committing court issue a capias ordering the apprehension of the client. (3) An agent shall make reasonable attempts to locate a client who has absconded which may include a letter to the last known a…

DHS 98.13 Fraternization. No agent or other department employee may have a nonprofessional relationship with a client, except as permitted by the secretary at the request of the employee. History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.14 Contraband. (1) In this section, XcontrabandY means: (a) Any item which the client may not possess under the rules or conditions of the client[s supervision; or (b) Any item whose possession is forbidden by law. (2) Any field staff member who reasonably believes that an…

DHS 98.15 Discharge. The department shall inform a client of the individualized objectives and conditions of the client[s supervision so that the client may be aware of the effort and achievement required of him or her, and to encourage discharge of the client at the earliest pos…

DHS 98.16 Revocation. (1) A client committed under s. 971.17 or 980.06, Stats., may have his or her conditional or supervised release revoked only by the releasing court. (2) A client released on conditional transfer under s. 51.37 (9), Stats., may have his or her conditional tra…

DHS 98.17 Definitions. In this subchapter: (1) XBodily injuryY means physical pain or injury, illness, or any impairment of physical condition. (2) XDeadly forceY means force which the user reasonably believes will create a substantial risk of causing death or great bodily injury…

DHS 98.18 Use of force. (1) Whenever feasible, field staff shall rely on law enforcement authorities to exercise force against clients when force is necessary. When that assistance is not practical, field staff may use force subject to this section. Only so much force may be used…