Section DHS 82.10 - Resident rights(1) No sponsor or any other household member may subject a resident to mental, physical or sexual abuse or to neglect or otherwise mistreat a resident. Mental abuse includes but is not limited to persistent or excessive negative comments, deliberate inducement of anxiety, singling out one resident for inappropriate criticism or encouraging the resident's peers to do the same and similar acts when the resident has requested that these acts cease.(2) No resident may be placed in isolation or physical restraints by a sponsor except in emergency situations when there is physical danger to another person or the resident. The sponsor shall immediately notify the service coordinator, the resident's guardian, if any, the resident's physician and the crisis intervention program designated by the certifying agency if isolation or physical restraint is needed or used. Use of isolation or physical restraint shall be governed in accordance with s. 51.61(1) (i), Stats., and s. DHS 94.10.(3) Residents shall be permitted to send and receive mail without any restrictions except as provided in s. 51.61(1) (cm) 1, Stats. The sponsor shall give mail to residents on the day it is received or, if a resident is absent from the home, shall keep the resident's mail in a safe, private location. The sponsor may not open or read any mail without the permission of the resident or the resident's guardian, if any.(4) A resident may receive a reasonable number of visitors at reasonable times. The sponsor may deny access to the home to particular persons whom the sponsor finds undesirable, and may restrict the number of visitors allowed at one time, the number of visits permitted per day or week and the times or days of the week visits are permitted, but the sponsor may not restrict visits of the resident's guardian, if any. The sponsor shall notify the resident of all restrictions on visits.(5) Residents of adult family homes shall have the rights set forth in s. 51.61, Stats., and ch. DHS 94. The sponsor shall be familiar with these rights and, as a condition or certification, shall comply with the provisions of s. 51.61, Stats., and ch. DHS 94 that apply to adult family homes. The sponsor shall also ensure that each resident and the resident's guardian, if any, are notified in writing of the resident rights under s. 51.61, Stats., and ch. DHS 94 that apply to adult family homes immediately after the placement is made. Notification may be done by the sponsor, the resident's service coordinator or the referring agency.(6) A resident may file a grievance if he or she or the resident's guardian, if any, believes that a right recognized or established under this section has been violated. The sponsor shall ensure that residents have access to a grievance procedure established in accordance with s. DHS 94.27. The grievance procedure may be established by the certifying agency or by the agency that employs the service coordinator when either agency agrees to perform this function.Wis. Admin. Code Department of Health Services DHS 82.10
Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction in (3) made under s. 13.93(2m) (b) 7, Stats., Register December 2004 No. 588; corrections in (2), (5) and (6) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635.