Current through February 26, 2024
(1) GENERAL. A
youth may file a complaint to obtain administrative review of issues related to
the youth's aftercare that personally affect the youth.
(2) OBJECTIVES. The objectives of this
procedure include all of the following:
(a) To
allow youth to raise questions regarding a decision affecting their
supervision.
(b) To encourage
communication and cooperation between youth and staff.
(c) To resolve problems in an orderly and
consistent manner.
(3)
SCOPE. The youth complaint procedure may be used by any youth on aftercare to
review a decision that affects the youth personally, except a decision
regarding any of the following:
(a)
Revocation.
(b) Custody and
detention.
(c) A violation of
criminal law or ordinance.
(d)
Denial of use or possession of a firearm as governed by law.
(e) Conduct rules or court-ordered conditions
of supervision.
(f) Discharge of a
youth prior to the original discharge date of the youth's order for
supervision.
(g) Decisions of
OJOR.
(h) A rule of the
department.
(i) Matters over which
the department has no authority.
(j) An issue which a youth may appeal under
this chapter or any department rule or a decision issued by the department in
response to an appeal filed by a youth under this chapter or any department
rule.
(4) FILING A
COMPLAINT.
(a) A youth may initiate a review
of a decision by filing a complaint within 5 days of the decision with his or
her agent. The agent shall promptly forward the complaint and a statement of
the facts and the reasons for the decision to his or her supervisor.
(b) The agent shall attempt to informally
resolve the complaint. Any resolution agreed to by the agent and the youth
shall be documented in the youth's file.
(5) SUPERVISOR'S INVESTIGATION AND DECISION.
(a) The supervisor shall review the complaint
and the agent's statement and may interview the youth or others to investigate
the complaint. The supervisor shall issue a written decision within 7 days of
receipt of the request for review, stating the reasons for the decision. The
youth and the agent shall be given copies of the decision.
(b) If no decision is issued within the 7 day
time period, the agent's decision is affirmed and the youth may appeal under
sub. (6).
(6) APPEAL OF
THE SUPERVISOR'S DECISION.
(a) The youth may
appeal the supervisor's decision to the regional chief in writing within 5 days
of receipt of the decision or the failure to issue a decision under sub. (5)
(b). The appeal shall state the reasons for the appeal and request further
review.
(b) The regional chief
shall review the youth's complaint and the supervisor's decision, may
investigate the complaint and shall issue a final decision within 7 days of
receipt of the appeal, stating the reasons for the decision. Copies of the
decision shall be sent to the youth, the agent and the agent's
supervisor.
(7) EFFECT
OF APPEAL ON A DISPUTED DECISION. During the period required under this section
for investigation or review of any complaint, all affected parties shall comply
with the decision currently under dispute.
(8) EXPEDITED APPEAL. If the time limits
provided in this section would effectively moot the complaint, the supervisor
or regional chief shall make all reasonable efforts to expedite the complaint
review or appeal.
(9) PENALTIES.
(a) A youth may not be penalized for filing a
complaint under this section.
(b)
Notwithstanding par. (a), a youth may be subject to discipline, including
revocation of the youth's aftercare, if the youth knowingly made a false
allegation or complaint.
