Wisconsin Administrative Code
Department of Corrections
Chapter DOC 375 - Observation status in Type 1 secured correctional facilities
Section DOC 375.04 - Observation
Universal Citation: WI Admin Code ยง DOC 375.04
Current through August 26, 2024
(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.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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