(1) NOTICE OF PROCEDURE. An institution shall
give a copy of this chapter and an oral explanation of the complaint procedure
to a youth as part of the orientation process that occurs when a youth is
placed in an institution. An institution shall establish specific polices and
procedures relating to the complaint procedure and shall inform a youth of
those policies and procedures in simplified written language.
(2) FORMS. An institution shall make
complaint and appeal forms readily available to youth.
(3) CHANGES IN PROCEDURE. An institution
shall orally explain to a youth and post or distribute changes in the complaint
procedure affecting a youth, prior to the time the changes take
effect.
(4) INITIATION.
(a) Before using the complaint procedure, a
youth shall discuss problems with a social worker or youth counselor. All
complaints shall be in writing and, except for complaints under par. (b), shall
be filled with the complaint mediator.
(b) A youth may file a complaint directly
with the superintendent in matters related to breach of confidentiality,
retaliation, abuse or regarding matters under s.
DOC 380.02(2).
(c) If a youth is unable to write a
complaint, a social worker, youth counselor, or psychologist shall refer the
youth to the complaint mediator who shall assist the youth to write a complaint
when possible. If the complaint mediator is not able to assist the youth in a
timely fashion, the mediator shall request another staff member to assist the
youth. If the youth requests assistance from someone other than the mediator or
designee, that individual may assist the youth.
(d) A youth shall file a complaint with the
complaint mediator or superintendent within 5 days from the day on which an
incident occurred. The complaint mediator or superintendent under par. (b) may
waive this requirement if the delay does not adversely affect the
investigation.
(e) A complaint
meets the time limitations in par. (d) if it is filed within 5 days of an
incident, but does not include all of the information required by par.
(f).
(f) A complaint shall include
the following information:
1. A statement of
the nature of the complaint with facts upon which the complaint is
based.
2. A statement explaining
how the complaint affects the youth personally.
3. A statement identifying the staff that the
youth has discussed the problem with, as required by par. (a) and a statement
indicating the outcome of that discussion.
4. A request for relief, stating what the
youth believes would be a satisfactory resolution.
(g) If a complaint does not include all of
the information required by par. (f), the youth shall be given 2 additional
days to provide the information. If the youth does not provide the information
after the additional time period, the complaint mediator shall process the
complaint under this chapter based on the information provided.
(5) GROUP COMPLAINTS.
(a) A youth may include only one complaint on
a complaint form. Group complaints may be on one form and the complainants may
sign their names on the form or a sheet of paper attached to the form. A youth
who is a party to a group complaint waives the confidentiality provision in s.
DOC 380.08.
(b) The complaint mediator shall determine
whether all the youth signing a form are personally affected and whether a
legitimate group complaint exists. The group complaint is a valid complaint
only as to those youth who are personally affected. The complaint mediator
shall liberally construe complaints when determining if there is a group
complaint.
(6) NUMBER OF
COMPLAINTS. There is no limit to the number of complaints that may be filed by
a youth. If a youth has a complaint pending, the complaint mediator shall
process subsequent complaints as time permits, except that complaints
concerning health and safety shall have priority.
(7) RECORD OF COMPLAINTS. An institution
shall maintain a record of each complaint, including the name and identifying
number of each complaint, the subject of the complaint and the disposition for
at least 3 years after the final decision is issued. The record of complaints
shall be maintained separately from a youth's case file.
