Section 81.04. Program requirements.

 

(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.

Cr. Register, June, 2000, No. 534 , eff. 7-1-00; corrections in (4) (c) 1. c., (7) (a) made under s. 13.92 (4) (b) 6. and 7. , Stats., Register December 2015 No. 720 .