Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 82 - Certified Adult Family Homes › Section DHS 82.10 - Resident rights

Current through June 24, 2024
(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.