Wisconsin Administrative Code
Department of Children and Families
DCF 021-99 - Safety and Permanence
Chapter DCF 81 - Intensive Supervision Program
Section DCF 81.04 - Program requirements
Universal Citation: WI Admin Code ยง DCF 81.04
Current through August 26, 2024
(1) GENERAL. A county department electing to provide or purchase ISP services shall meet the requirements in this section.
(2) REFERRAL AND SCREENING PROCESS.
(a) A county department shall
develop a written referral and screening process for youth for whom the ISP may
be recommended to the court under s.
938.33(1),
Stats. Criteria for participation include:
1.
The likelihood that a youth would present a physical danger to self or to
others if living in the community.
2. The availability of a suitable living
arrangement for the youth within the community.
3. The willingness of the youth and the
youth's family or other adult with whom the youth will reside to participate in
the ISP and comply with the rules and conditions of the program.
4. The ability of the community to provide
treatment and other needs of the youth.
(b) Referral and screening shall take place
before the report under s.
938.33(1),
Stats., is submitted to the court.
(3) PARTICIPANT RIGHTS. A county department shall make reasonable efforts to ensure that a youth, while participating in the program:
(a) Is free from discrimination
based on race or ethnicity, color, religion, sex, national origin, or any other
category protected by federal or state law while receiving program
services.
(b) Is provided with
accessible and usable services, and any reasonable accommodations or auxiliary
aids and services needed to benefit from treatment and other
programs.
(c) Is provided with
translators if the youth's ability to speak, understand, read, or write English
is limited.
(d) Is protected from
abuse or neglect by program service providers.
(e) Is involved in planning for his or her
treatment.
(f) Has access to the
courts.
(g) May visit, use the mail
and communicate with family members and an attorney within reasonable
guidelines while in secure detention or other out-of-home placement.
(h) Has access to county department and
community programs and services consistent with the protection of the
public.
(i) Has his or her
educational, vocational, drug or alcohol abuse, mental health, and other
treatment needs addressed by the ISP case plan.
(j) May participate in authorized
recreational, leisure time, and religious activities.
(4) STATEMENT DESCRIBING GOALS, SERVICES, AND CASE PLAN COMPONENTS.
(a)
Required
written description. A county department shall develop a written
description of its ISP that shall include identification of goals, assurances
of service availability, and specification of case plan components.
(b)
Program goals. Goals
shall be identified based on assessed strengths and needs of youth in the
program and their families and may include reduction of recidivism, increased
participation in educational or vocational programming, participation in
treatment, and avoidance of a more restrictive placement.
(c)
Services.
1. A written description shall include
assurances that an individual youth and the youth's family will receive the
following services, if needed:
a. School
tutoring and other educational services.
b. Vocational training and
counseling.
c. Alcohol and other
drug abuse outpatient treatment and education. Programs used to treat alcohol
or drug abuse by youth shall be certified by the department of health services
under ch. DHS 61.
d. Family-focused
services and family counseling.
e.
Employment services.
f.
Recreational opportunities.
g.
Assistance with independent living skills and arrangements.
2. A written description
shall address the availability and accessibility of other community services
that a youth and the youth's family may need, such as:
a. Day treatment or alternative school
programs.
b. Restitution
programs.
c. Interpersonal skills
training.
d. Discipline training
including anger and impulse control.
e. Problem-solving and decision-making skills
training for youth.
f. Training for
parents, including discipline management skills, communication skills and
interpersonal skills.
g.
Health-related care.
3.
A written description shall identify the manner in which a youth and the
youth's family will obtain or have access to needed
services.
(d)
Case plan. A written description shall provide assurances that
a case plan under sub. (5) shall be developed for each youth and his or her
family, and will be filed with the court within 30 days of the dispositional
order.
(5) CASE PLAN REQUIREMENTS. A youth in an ISP shall have a case plan that specifies the following:
(a) The goals for the youth and
family for the time the youth is in the ISP.
(b) The community-based treatment services
and educational, vocational, employment and other programs that are expected to
be used to meet the needs of the youth and family.
(c) The number and frequency of supervisory
contacts that the youth shall receive.
(d) The estimated time the youth and his or
her family will participate in the program.
(e) The rules and conditions of the youth's
participation in the program, including the following:
1. Avoiding of any conduct that violates a
federal, state or municipal law.
2.
Reporting any contact with the police to ISP staff within 12 hours.
3. Reporting any arrest or citation to ISP
staff immediately.
4. Cooperating
with ISP staff and fully participating in all aspects of the case
plan.
5. Following all curfews
established by ISP staff.
6.
Attending all scheduled educational and vocational programs.
7. Following his or her daily appointment
schedule with ISP staff.
8.
Obtaining advance permission from the lead caseworker to travel outside the
state.
9. Cooperating with
electronic monitoring procedures and refraining from altering, damaging, or
interfering in any way with the operation of the electronic monitoring
equipment.
10. Refraining from
using or possessing any drug, item, or substance which is illegal to possess,
or any prescription drugs except as prescribed for the youth by a licensed
health care provider.
11.
Refraining from purchasing, owning, carrying or possessing a firearm, knife, or
other weapon, or ammunition, without the advance written permission of an ISP
caseworker. The ISP caseworker may not grant a youth permission to possess a
firearm if the youth is prohibited from possessing a firearm under state or
federal law.
12. Agreeing to submit
to any test ordered by the ISP caseworker that is permitted under law,
including but not limited to, urinalysis, breathalyzer and blood
tests.
13. Complying with any
special rules issued by ISP staff including, but not limited to, rules relating
to companions, medical and dental appointments, counseling, therapy or other
mental health appointments, family responsibilities, court-ordered restitution,
participation in community service, educational and vocational programs, job
seeking and job attendance, purchasing, trading, selling, or operating a motor
vehicle, and borrowing money or making a purchase on credit.
(f) The consequences for violation
of a rule or condition, may include, but are not limited to:
1. Counseling and a warning.
2. Changing one or more of the rules or
provisions of the youth's case plan.
3. Placing the youth in a secure detention
facility for not more than 72 hours.
4. Placing the youth in non-secure custody
under s.
938.534,
Stats., for not more than 30 days as a crisis intervention if the youth is in
need of crisis intervention.
5.
Requesting revision of the dispositional order under s.
938.363 or
938.357,
Stats.
6. Imposing a sanction
permitted by law.
(6) DISCUSSION WITH PARENTS. A case plan shall include a statement signed by a youth and the youth's parent, if the youth is under 18 years old, that the plan has been discussed with the youth and the parent and that they understand the content, conditions, consequences and sanctions delineated in the plan.
(7) CASELOAD REQUIREMENTS.
(a)
Caseworker. A caseworker
shall be assigned to each youth participating in the ISP. The assigned
caseworker is responsible for developing and monitoring the case plan under
sub. (5), any decision to take the youth into custody under s.
DCF 81.05 and the majority, more than 50%, of the
face-to-face contacts.
(b)
Limited caseload. A caseworker assigned to the ISP full time
shall have a caseload of no more than 10 youth. A caseworker assigned to the
program part time shall have a pro-rata partial caseload.
(c)
Face-to-face contacts.
1. Each participant in the program shall
receive at least one face-to-face contact per day with the assigned caseworker
and the participant's activities shall be monitored through the use of
intensive surveillance.
2.
Face-to-face contacts shall be of a planned and purposeful nature to include
monitoring behavior and compliance with rules, problem solving, or skills
training.
(d)
Contacts with others. An assigned caseworker shall have at
least one contact every week with a youth's parent or caretaker and supervision
and one contact every week with the educational or vocational service provider
for each youth participating in the ISP.
(e)
Multiple caseworkers.
Caseworkers other than an assigned caseworker may be designated by the
case plan to make face-to-face contacts with a youth, in addition to those
required by par. (c), if the following conditions are met:
1. The case plan for a youth identifies the
caseworker(s) and the frequency of contacts.
2. Any contract or written working agreement
with agencies providing related services delineates the responsibilities and
requirements for supervision of a youth.
3. The assigned caseworker communicates
weekly with other caseworkers supervising the youth regarding pertinent
information relating to contacts with a youth and other people involved with
the youth during the past week. A daily log shall be maintained for each youth.
The information from the log shall be summarized in the case record every 30
days.
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