Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF CORRECTIONS
CHAPTER DOC 375. OBSERVATION STATUS IN TYPE 1 SECURED CORRECTIONAL FACILITIES
Date:
08/31/2009
Document:
DOC 375.04 Observation
(1) CRITERIA. Observation is an involuntary non-punitive status used for the temporary confinement of a youth to ensure the individual's safety and the safety of others. A youth may be placed in observation if any of the persons listed in sub. (2) (b) have reasonable cause to believe that one or more of the following are true:
(a) The youth is mentally ill and dangerous to self or others.
(b) The youth is exhibiting symptoms of acute mental distress.
(c) The youth has a communicable disease, infection or other medical problem that requires separation from the institution population for treatment by a physician.
(2) PLACEMENT AUTHORITY. (a) Any staff member may recommend to a supervisor that a youth be placed in observation. The staff member shall state in writing the reasons for the recommendation and describe the conduct or condition that forms the basis for the recommendation.
(b) If there is reasonable cause to believe that the criteria under sub. (1) are met, a youth may be placed in observation only by one or more of the following:
1. A psychologist or physician.
2. Any health services professional, if a psychologist or physician is not available for consultation, either in person or by telephone.
3. The superintendent.
4. The shift supervisor with the approval of the superintendent.
(3) EXAMINATION. (a) Review of placement. 1. If a youth is placed in observation under sub. (2) (b) 2., 3. or 4., a psychologist or physician shall examine the youth and evaluate the placement to verify a condition under sub. (1) as soon as practical, but in no case may the examination take place later than 3 days after placement.
2. A psychologist or physician shall examine a youth placed in observation under sub. (1) (a) or (b) as needed, but at least every 3 days, to determine if the placement is consistent with the requirements of this chapter.
3. A health services professional shall examine a youth placed in observation under sub. (1) (c) as needed, but at least every 3 days, to determine if the placement is consistent with the requirements of this chapter.
4. If a physician, psychologist or health services professional's examination under this paragraph determines that a youth does not meet the requirements for observation under sub. (1), the youth shall be promptly released from observation.
(b) Voluntary transfer. If a psychologist or physician determines that a youth needs treatment in a mental health facility, staff shall ask for written consent to transfer to a mental health facility from: the parent or guardian, if the youth is under 14 years of age; the parent or guardian and the youth if the youth is 14 through 17 years of age; and the youth only if the youth is 18 years of age or older. If individual required to consent does so in writing and the superintendent approves, the psychologist or physician shall initiate the voluntary transfer procedure by contacting the mental health facility to obtain information regarding bed availability. All legal requirements under ch. 51, Stats., for voluntary transfer shall be followed.
(c) Involuntary transfer. If an institution cannot obtain consent under par. (b), a physician or psychologist may recommend involuntary transfer of the youth to the superintendent. If the superintendent approves, the psychologist or physician shall initiate the involuntary transfer procedure by contacting the mental health facility to obtain information regarding bed availability. All legal requirements under ch. 51, Stats., for involuntary transfer shall be followed.
(d) Medical need. If a youth is placed in observation under sub. (1) (c), a health services professional shall document the youth's medical treatment needs and review the youth's status as needed. If a youth's medical needs cannot be met at the institution, the superintendent shall promptly transfer the youth to an appropriate medical facility.
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