Wisconsin Administrative Code › Department of Corrections › Chapter DOC 380 - Complaint procedure for youth in Type 1 secured correctional facilities › Section DOC 380.04 - Complaint procedure

Current through June 24, 2024
(1) NOTICE OF PROCEDURE. An institution shall
			 give a copy of this chapter and an oral explanation of the complaint procedure
			 to a youth as part of the orientation process that occurs when a youth is
			 placed in an institution. An institution shall establish specific polices and
			 procedures relating to the complaint procedure and shall inform a youth of
			 those policies and procedures in simplified written language.
(2) FORMS. An institution shall make
			 complaint and appeal forms readily available to youth.
(3) CHANGES IN PROCEDURE. An institution
			 shall orally explain to a youth and post or distribute changes in the complaint
			 procedure affecting a youth, prior to the time the changes take
			 effect.
(4) INITIATION.
(a) Before using the complaint procedure, a
			 youth shall discuss problems with a social worker or youth counselor. All
			 complaints shall be in writing and, except for complaints under par. (b), shall
			 be filled with the complaint mediator.
(b) A youth may file a complaint directly
			 with the superintendent in matters related to breach of confidentiality,
			 retaliation, abuse or regarding matters under s.
			 DOC
			 380.02(2).
(c) If a youth is unable to write a
			 complaint, a social worker, youth counselor, or psychologist shall refer the
			 youth to the complaint mediator who shall assist the youth to write a complaint
			 when possible. If the complaint mediator is not able to assist the youth in a
			 timely fashion, the mediator shall request another staff member to assist the
			 youth. If the youth requests assistance from someone other than the mediator or
			 designee, that individual may assist the youth.
(d) A youth shall file a complaint with the
			 complaint mediator or superintendent within 5 days from the day on which an
			 incident occurred. The complaint mediator or superintendent under par. (b) may
			 waive this requirement if the delay does not adversely affect the
			 investigation.
(e) A complaint
			 meets the time limitations in par. (d) if it is filed within 5 days of an
			 incident, but does not include all of the information required by par.
			 (f).
(f) A complaint shall include
			 the following information:
1. A statement of
			 the nature of the complaint with facts upon which the complaint is
			 based.
2. A statement explaining
			 how the complaint affects the youth personally.
3. A statement identifying the staff that the
			 youth has discussed the problem with, as required by par. (a) and a statement
			 indicating the outcome of that discussion.
4. A request for relief, stating what the
			 youth believes would be a satisfactory resolution.
(g) If a complaint does not include all of
			 the information required by par. (f), the youth shall be given 2 additional
			 days to provide the information. If the youth does not provide the information
			 after the additional time period, the complaint mediator shall process the
			 complaint under this chapter based on the information provided.