1. (1) Patient’s rights. A licensee shall be knowledgeable of and ensure that each staff member complies with the patient rights and grievance resolution procedures in ch. DHS 94 and s. 51.61, Stats., for each resident who receives services for treatment of mental illness, a developmental disability, alcoholism, or drug dependency.

2. (2) Comparable to patient’s rights; searches. A resident who is not receiving the services specified in sub. (1) shall have a written rights and a grievance resolution procedure that are comparable to those found in ch. DHS 94 and s. 51.61, Stats., and, except that a search may only be conducted as follows:

   1. (a) A staff member may search a resident’s sleeping area, belongings, and other storage space used by the resident without the resident’s consent if the staff member believes the search is necessary to prevent harm to the resident or another person.
   2. (b) The staff member shall inform the resident of the search if the resident did not consent in advance.

3. (3) Post rights. A copy of patients’ rights under ch. DHS 94, the group home grievance procedure, and the rule on searches in sub. (2) shall be posted in each group home in a prominent place accessible to residents, staff members, and visitors.

   Note: The DHS 94 patient’s rights information and posters can be obtained at http://dhs.wisconsin.gov/clientrights/FormsPubsPosters.htm

4. (4) Documentation. If a resident’s rights are limited or denied under this section, the licensee shall document any denial or limitation of rights in the resident’s record under s. DCF 57.21 (1) (o), unless otherwise required by ch. DHS 94. The documentation shall include a description of the following:

   1. (a) The resident’s right that was affected.
   2. (b) Any less restrictive alternatives that were considered.
   3. (c) Reason for the limitation or denial.
   4. (d) Specific individualized limitation or denial.

   5. (e) Conditions required for restoring or granting the limited or denied right.

      Note: DHS Form F-26100, Client Rights Limitation or Denial Documentation, is available in the forms section of the Department of Health Services website http://www.dhs.wisconsin.gov/forms and may be used to fulfill the requirements of this subsection.

5. (5) Procedures. A licensee shall create a written procedure that includes all of the following:

   1. (a) How the group home conducts a search in compliance with sub. (2).
   2. (b) What the licensee or a staff member will do if a dangerous item is found during a search.

History

History: CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.