Section DHS 50.13 - Investigation, notification, and reporting requirements(1) DEATH REPORTING. (a)Youth death related to physical restraint, seclusion, psychotropic medication, or suicide. No later than 24 hours after the death of a youth, the YCSF shall report the death to the department if there is reasonable cause to believe the death was related to the use of a physical restraint, seclusion, or psychotropic medication, or was a suicide, as provided in s. 51.64, Stats. Note: Death reporting process and forms may be found at: https://www.dhs.wisconsin.gov/regulations/report-death/proc-reportingdeath.htm.
(b)Youth death related to an accident, injury, natural causes, or other reasons. When a youth dies for any reason other than the use of a physical restraint, seclusion, psychotropic medication, or suicide, the YCSF shall send a report to the department within 3 business days of the youth's death. Note: The department's reporting link is: https://www.dhs.wisconsin.gov/mh/ycsf.htm.
(2) INVESTIGATING AND REPORTING ELOPEMENT, ABUSE, NEGLECT, OR MISAPPROPRIATION OF PROPERTY. (a) A YCSF shall be considered an entity, under ch. DHS 13, and shall comply with caregiver misconduct reporting requirements for entities provided in ch. DHS 13. Caregiver misconduct must be reported within 7 calendar days of the incident or the date the entity knew or should have known of the incident. Note: The department's caregiver misconduct reporting link is: https://www.dhs.wisconsin.gov/caregiver/complaints.htm
(b) Elopement, physical, sexual or mental abuse, or neglect by non-caregivers or youth shall be reported to the department within 24 hours of the incident or the date the entity knew or should have known the incident occurred. Note: The department's reporting link is: https://www.dhs.wisconsin.gov/mh/ycsf.htm.
(c) Misappropriation of property by non-caregivers or youth shall be reported to the department within 7 calendar days of the incident or the date the entity knew or should have known of the incident. Note: The department's reporting link is: https://www.dhs.wisconsin.gov/mh/ycsf.htm.
(3) NOTIFYING OTHER INTERESTED PARTIES. (a) The YCSF shall immediately notify the youth's legal representative when there is an elopement, incident or injury to the youth requiring intervention from a physician or other professional.(b) The YCSF shall immediately notify the youth's legal representative when there is an allegation of physical, sexual or mental abuse, or neglect of a youth that occurred at the YCSF or under the supervision of YCSF staff.(c) The YCSF shall notify the youth's legal representative within 72 hours when there is an allegation of misappropriation of property.(d) The YCSF shall follow all procedures required of mandated reporters.(4) DOCUMENTATION OF THE INCIDENT. All written reports required under this section shall include, at a minimum, the time, date place, individuals involved, details of the occurrence, and the action taken by the provider to safeguard the youths' health, safety, and well-being.Wis. Admin. Code Department of Health Services DHS 50.13
Adopted by, EmR1922: emerg. cr., eff. 11-2-19; CR 19-077: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (1) (a) made under s. 35.17, Stats., Register July 2020 No. 775, eff. 8/1/2020