1. (1) Discipline. When deciding on the appropriate disciplinary action for a resident, a staff member shall consider information in the resident’s treatment plan on the resident’s trauma history; age; and cognitive, emotional, physical, and behavioral capacities to understand and learn age-appropriate behaviors.
2. (2) Resident-specific precautions. If a resident has a propensity or known history of harm to others or engages in self-harm or suicidal ideation, staff members shall take precautions to protect the resident and others having contact with the resident.

3. (3) Prohibited measures. No licensee, staff member, other employee or contractor, or volunteer or may do any of the following:

   1. (a) Hit, shake, pinch, push, twist, physically intimidate, threaten to physically harm, or use any other means that is known or should be known to inflict mental or physical harm or any other actions that may be psychologically, emotionally, or physically painful to a resident.
   2. (b) Deprive a resident of their basic needs, including food, sleep, clothing, toileting access, and interactions with their family.
   3. (c) Verbally abuse a resident, use profanity, or use any language that may ridicule or demean a resident.
   4. (d) Lock a resident in a room or any other place.
   5. (e) Prevent a resident from entering the group home unless the resident poses an imminent danger to a person in the group home.
   6. (f) Use any item to cover a resident’s head or face or wrap the resident’s body with sheets, blankets, or any other material.
   7. (g) Require a resident to march, stand, kneel, or assume and remain in any fixed position.
   8. (h) Release any noxious, toxic, or otherwise unpleasant substances near the face of a resident.
   9. (i) Authorize, direct, or ask a resident to discipline another resident.
   10. (j) Discipline one resident for the behavior or action of another resident.
   11. (k) Employ any measure that is aversive, cruel, or humiliating or that may be psychologically, emotionally, or physically painful, discomforting, dangerous, or potentially injurious to a resident.
   12. (L) Use any mechanical restraint or equipment that restricts the movement of a resident or a portion of the resident’s body as behavior intervention.

4. (4) Emergency safety intervention.

   1. (a)

      1. 1. A staff member may not use any type of physical restraint on a resident unless the resident’s behavior presents an imminent danger and physical restraint is necessary to contain the risk and keep the resident or others safe.
      2. 2. A licensee who is not serving as a staff member and any other employee or contractor or volunteer may not use any type of physical restraint on a resident.
   2. (b) A staff member shall attempt other feasible alternatives to de-escalate a resident and situation before using physical restraint.
   3. (c) A staff member may not use physical restraint as disciplinary action, for the convenience of the staff member, or for therapeutic purposes.

   4. (d) If physical restraint is necessary under par. (a), a staff member may only use the physical restraint in the following manner:

      1. 1. With the least amount of force necessary and in the least restrictive manner to manage the imminent danger of harm to self or others.
      2. 2. That lasts only for the duration of time that there is an imminent danger of harm to self or others.

      3. 3. That does not include any of the following:

         1. a. Any maneuver or technique that does not give adequate attention and care to protection of the resident’s head.
         2. b. Any maneuver that places pressure or weight on the resident’s chest, lungs, sternum, diaphragm, back, or abdomen causing chest compression.
         3. c. Any maneuver that places pressure, weight, or leverage on the neck or throat, on any artery, or on the back of the resident’s head or neck or that otherwise obstructs or restricts the circulation or blood or obstructs an airway, such as straddling or sitting on the resident’s torso.
         4. d. Any type of choke hold.
         5. e. Any technique that uses pain inducement to obtain compliance or control, including punching, hitting, hyperextension of joints, or extended use of pressure points for pain compliance.
         6. f. Any technique that involves pushing on or into a resident’s mouth, nose, or eyes or covering the resident’s face or body with anything, including soft objects, such as pillows, washcloths, blankets, and bedding.
         7. g. Any technique that results in the resident being in a prone position.
      4. 4. Notwithstanding subd. 3. f., if a resident is biting themselves or another person, a staff member may use a finger in a vibrating motion to stimulate the resident’s upper lip and cause the resident’s mouth to open and may lean into the bite with the least amount of force necessary to open the resident’s jaw.
   5. (e) After an episode of physical restraint, a debriefing shall take place with the resident and each staff member involved in the physical restraint.

   6. (f) Each staff member who uses a physical restraint or who witnesses the use of a physical restraint shall within 24 hours of each incident give the program director or group home manager a written description of the incident. The program director or group home manager shall document each incident, including date, time, and a description of the circumstances of the incident, and report the incident to the department as required under s. DCF 57.09 (1) (a) 3. The description shall include all of the following:

      1. 1. The name and age of each resident involved.
      2. 2. The date, time, and location of the incident.
      3. 3. The legal name and job title of each staff member involved in the restraint and the name of any other person who witnessed the use of the restraint with a description of their role in the group home.
      4. 4. Circumstances leading up to the use of restraint, the behavior that prompted the restraint, efforts made to de-escalate the situation, and the alternatives to restraint that were attempted.
      5. 5. A description of the administration of the restraint, including the holds used and the reasons the holds were necessary.
      6. 6. The beginning and ending time of the restraint and how the restraint ended.
      7. 7. Behavior of the resident during and after the use of the restraint.
      8. 8. Any injuries sustained by a resident, staff member, or other person and any medical care provided, including the name and title of the person providing the care.
      9. 9. Any follow-up debriefing provided to residents, staff members, and others.

5. (5) Procedures. A licensee shall create written procedures on all of the following:

   1. (a) Trauma-informed methods for staff members to follow to de-escalate a resident.
   2. (b) The use of a physical restraint under sub. (4).

History

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