Chapter DHS 61 establishes minimum service standards for Wisconsin community mental health, developmental disabilities, and alcohol and other drug abuse programs operated by or under contract with county boards. It covers general administrative requirements (personnel, fees, client rights, confidentiality, grievance procedures) as well as program-specific standards for inpatient, day treatment, outpatient, and children/adolescent mental health programs, community developmental disabilities services, and outpatient psychotherapy clinics. Operators must comply with staffing, cost reporting, telehealth, continuity of care, and enforcement provisions across all covered program types.
View official sourcePublished under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 1 DEPARTMENT OF HEALTH SERVICES DHS 61.02 Chapter DHS 61 COMMUNITY MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES Subchapter I — General Provisions DHS 61.01 Introduction. DHS 61.02 General definitions. DHS 61.021 Program element definitions. DHS 61.022 Disability related definitions. DHS 61.03 Eligibility. DHS 61.04 Administration. DHS 61.05 Administrative personnel. DHS 61.06 Program personnel. DHS 61.07 Uniform cost reporting. DHS 61.075 Use of telehealth. DHS 61.08 Requirements for inservice and educational leave programs for personnel. DHS 61.09 Fee schedule. DHS 61.10 Eligibility for service. DHS 61.11 Client rights. DHS 61.12 Grievance procedure. DHS 61.13 Client advocacy. DHS 61.14 Affirmative action and civil rights compliance. DHS 61.15 Continuity of care. DHS 61.16 Volunteer services. DHS 61.17 Religious services. DHS 61.18 Research. DHS 61.19 Program evaluation. DHS 61.20 Enforcement. DHS 61.21 Reports required by the department. DHS 61.22 Revision of standards. DHS 61.23 Confidentiality of records. DHS 61.24 Education/information. Subchapter II — Community Developmental Disabilities Services DHS 61.30 Introduction. DHS 61.31 Information and referral services. DHS 61.32 Follow-along services. DHS 61.33 Diagnostic services. DHS 61.34 Evaluation services. DHS 61.35 Counseling services. DHS 61.36 Education services. DHS 61.37 Recreational services. DHS 61.38 Training services. DHS 61.39 Treatment services. DHS 61.40 Sheltered employment and work activity services. DHS 61.41 Day care. DHS 61.42 Personal care services. DHS 61.43 Domiciliary care service. DHS 61.44 Special living arrangements services. DHS 61.45 Transportation services. DHS 61.46 Protective services. DHS 61.69 Duration of certification for community mental health programs. DHS 61.695 Biennial report and fees for community mental health programs. Subchapter IV — Community Mental Health Programs DHS 61.70 Inpatient program - introduction and definitions. DHS 61.71 Inpatient program standards. DHS 61.72 Enforcement of inpatient program standards. DHS 61.73 Other community program standards - introduction. DHS 61.75 Day treatment program. DHS 61.76 Rehabilitation program. DHS 61.77 Consultation and education program. DHS 61.78 Additional requirements for programs serving children and adoles- cents - introduction and personnel. DHS 61.79 Children and adolescent inpatient program. DHS 61.80 Children and adolescent outpatient program. Subchapter V — Outpatient Psychotherapy Clinic Standards DHS 61.95 Procedures for approval. DHS 61.96 Required personnel. Note: Chapter HSS 61 was renumbered chapter HFS 61 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488. Chapter HFS 61 was renumbered to chapter DHS 61 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register No- vember 2008 No. 635. Subchapter I — General Provisions DHS 61.01 Introduction. These are standards for a min- imum level of services. They are intended to establish a basis to assure adequate services provided by boards and services pro- vided by agencies under contract with the boards. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DHS 61.02 General definitions. The following defini- tions apply to all standards for community mental health, devel- opmental disabilities, and alcoholism and other drug abuse services. (1) “Board” means a board of directors established under s. 51.42, 51.437, or 46.23, Stats. (2) “Consultation” means providing assistance to a wide vari- ety of local agencies and individuals. It includes indirect case consultation: the responding to specific requests of consultees to help resolve an individual case management problem or to im- prove the work function of the consultee. It includes problem re- lated consultation: the providing of assistance to other human ser- vice agencies for educational purposes rather than individual case resolution. Consultation includes administrative and program consultation: the providing of assistance to local programs and government agencies in incorporating specific mental health, de- velopmental disabilities and alcohol and other drug abuse princi- ples into their programs. (3) “Department” means the department of health services. (4) “Education” means the provision of planned, structured learning experiences about a disability, its prevention, and work skills in the field. Education programs should be specifically de- signed to increase knowledge and to change attitudes and behav- ior. It includes public education and continuing education. (a) Public education is the provision of planned learning ex- periences for specific lay or consumer groups and the general public. The learning experiences may be characterized by careful organization that includes development of appropriate goals and objectives. Public education may be accomplished through using generally accepted educational methods and materials. (b) Continuing education is individual or group learning ac- tivities designed to meet the unique needs of board members, agency staffs, and providers in the community-based human ser- vice system. Learning activities may also be directed towards the educational goals of related care providers such as health care, so- cial service, public school and law enforcement personnel. The purpose may be to develop personal or occupational potential by acquiring new skills and knowledge as well as heightened sensi- tivity to human service needs. (5) “Employee or position, full-time,” means as defined by the employing board or agency. (6) “Public information” means information for public con- sumption provided through the use of mass media methods about services, programs, and the nature of the disability for which the Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. DHS 61.02 WISCONSIN ADMINISTRATIVE CODE 2 services and programs are provided. It consists of such activities as writing news releases, news letters, brochures, speaking to civic groups or other assemblies, and use of local radio and tele- vision programs. Public information programs should be specifi- cally planned and designed to inform. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; emerg. r. and recr. (7), eff. 3-9-89; r. and recr. (7), Register, May, 1989, No. 401, eff. 6-1-89; correction in (3) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488; correc- tion in (3) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635. DHS 61.021 Program element definitions. (2) “Emergency care I” means all outpatient emergencies including socio-emotional crises, attempted suicides, family crises, etc. In- cluded is the provision of examination, in accordance with s. 51.45 (11) (c) , Stats., and if needed, transportation to an emer- gency room of a general hospital for medical treatment. (3) “Emergency care II” means 24 hour emergency services provided on a voluntary basis or under detention, protective cus- tody, and confinement. Services include crisis intervention, acute or sub-acute detoxification, and services for mental health emergencies. Clients are to be assessed, monitored, and stabi- lized until the emergency situation is abated. Included is the pro- vision of examination, in accordance with s. 51.45 (11) (c) , Stats., and transportation, if needed, to an emergency room of a general hospital for medical treatment. (4) “Extended care” means a treatment oriented living facil- ity service where supervision, training, and personal care are available and access to programs and medical care is ensured dur- ing a 24 hour day. Extended care programs emphasize self care, social skills training, treatment, and recreation for dependent per- sons with mental disabilities and in need of extended care. (4m) “Functionally equivalent” means a service provided via telehealth where the transmission of information is of sufficient quality as to be the same level of service as an in-person visit. Transmission of voices, images, data, or video must be clear and understandable. (5) (a) In this subsection, “inpatient” means a medically ori- ented residential service which provides continuous medical ser- vices on a 24 hour basis to enable an individual with problems re- lated to mental illness, alcohol and other drug abuse to function without 24 hour medical support services. (b) Inpatient treatment of individuals under 18 years of age shall be provided in specialized inpatient programs which comply with standards specified in s. DHS 61.79. (6) “Intervention” means activities designed to identify indi- viduals in need of mental hygiene services, including initial as- sessment, to judge the presence of problems, such as mental ill- ness, developmental disabilities, alcohol or other drug abuse. In- tervention begins with assessment and includes information and referral services, drop-in service and public information service. Activities which may initiate persons into the service, such as, rendering a judgment about the appropriate source of help, refer- ral and arranging services. (7) “Outpatient” means a non-residential program for persons with problems relating to mental illness, developmental disabili- ties, alcohol or other drug abuse to ameliorate or remove a dis- ability and restore more effective functioning and to prevent re- gression from present level of functioning. Outpatient service may be a single contact or a schedule of visits. Outpatient pro- gram may include, but is not limited to, evaluation, diagnosis, medical services, counseling and aftercare. (8) “Prevention” means activities directed toward the general population, or segments of the population, which is designed to increase the level of knowledge about the nature and causes of disabilities, change attitudes and take medical and environmental steps for the purpose of aiding persons before their problems de- velop into disabilities needing further services. Prevention activ- ities include education services and consultation services. (9) “Protective services” means services directed toward pre- venting or remedying neglect, abuse, or exploitation of children and adults who are unable to protect their own interests. (10) “Research and evaluation” means the studying of causes, treatments and alleviations of problems as well as the formal ap- plication of techniques to measure the effectiveness of programs through the use of recognized statistical designs and evaluation procedures. (11) “Sheltered employment” means non-competitive em- ployment in a workshop, at home, or in a regular work environ- ment for persons with a physical or intellectual disability. An in- dividual with a disability is defined as any person who, by reason of physical or mental defect or alcohol or drug abuse, is or may be expected to be totally or partially incapacitated for remunerative operation. (12) “Special living arrangements” means special services in foster family homes, foster care institutions, halfway houses, respite care, community based residential facilities, and other special living arrangements. (13) “Systems management” means activities, both internal and external to programs, to effect efficient operation of the ser- vice delivery system. (a) Internal program management includes administration, objective setting, planning, resource acquisition and allocation and monitoring of staff. (b) External activities include interagency coordination, con- sultation, and comprehensive planning for the purpose of provid- ing an integrated continuum of services to those needing such a system of services. (13m) (a) “Telehealth” means the use of telecommunica- tions technology by a certified provider to deliver services allow- able under this chapter, s. DHS 107.02 (5), and ss. 49.45 (61) and 49.46 (2) (b) 21. to 23., Stats., including assessment, diagnosis, consultation, treatment, or transfer of medically relevant data in a functionally equivalent manner as that of an in-person contact. (b) “Telehealth” may include real-time interactive audio-only communication. (c) “Telehealth” does not include communication between a certified provider and a recipient that consists solely of an elec- tronic mail, text, or facsimile transmission. (14) “Training” means education activities for staff of pro- gram which serve or could potentially serve individuals with problems related to mental illness, developmental disabilities, al- cohol and other drug abuse, concerning the nature, causes, and treatment of these disabilities for the purpose of better serving clients. History: Renum. from HSS 61.02 (7) to (20) under s. 13.93 (2m) (b) 1., Stats., Register, August, 1996, No. 488, eff. 9-1-96; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526; r. (1), Register, July, 2000, No. 535, eff. 8-1-00; CR 20-068: am. (11) Register December 2021 No. 792, eff. 1-1-22; CR 23-053: cr. (4m), (13m) Register September 2023 No. 813, eff. 10-1-23; CR 25- 055: consol. (5) (intro.) and (a) and renum. to (5) (a) and am. Register February 2026 No. 842, eff. 3-1-26. DHS 61.022 Disability related definitions. (2) “Autism” means a severe disorder of communication and behav- ior manifested during the early stages of life. The autistic child appears to suffer primarily from a pervasive impairment of cogni- tive or perceptual functioning, or both, the consequences of which may be manifested by limited ability to understand, com- municate, learn, and participate in social relationships. Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 3 DEPARTMENT OF HEALTH SERVICES DHS 61.03 (3) “Cerebral palsy” means a term applied to a group of per- manently disabling symptoms resulting from damage to the de- veloping brain that may occur before, during, or after birth; and that results in loss or impairment of control over voluntary muscles. (5) “Developmental disability” has the meaning given in s. 51.01 (5) (a), Stats. (7) “Epilepsy” means a disorder of the brain characterized by a recurring excessive neuronal discharge, manifested by transient episodes of motor, sensory, or psychic dysfunction, with or with- out unconsciousness or convulsive movements. The seizure is associated with marked changes in recorded electrical brain activity. (7m) “Intellectual disability” means subaverage general in- tellectual functioning that originates during the developmental period and is associated with impairment in adaptive behavior. (8) “Mental illness” means mental disease to such extent that a person so afflicted requires care and treatment for his or her own welfare, or the welfare of others, or of the community. (a) Mental illness, for purposes of involuntary commitment, means a substantial disorder of thought, mood, perception, orien- tation, or memory which grossly impairs judgment, behavior, ca- pacity to recognize reality, or ability to meet the ordinary de- mands of life, but does not include alcoholism. (10) “Neurologic conditions” means disease states which re- quire treatment similar to that required for intellectual disabilities. (11) “Psychotherapy” means psychotherapy as defined in s. DHS 101.03. (12) “Special education” means any education assistance re- quired to provide an appropriate education program for a child with exceptional educational needs and any supportive or related service. (13) “Substantial disability” means a level of disability of such severity that, alone or in combination with social, legal, or economic constraints, it requires the provision of specialized ser- vices over an extended period of time directed toward the individ- ual’s emotional, social, personal, physical, or economic habilita- tion and rehabilitation. History: Renum. from HSS 61.02 (21) to (33) under s. 13.93 (2m) (b) 1., Stats., Register, August, 1996, No. 488; r. (1), (4) and (6), Register, July, 2000, No. 535, eff. 8-1-00; correction in (11) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; 2019 Wis. Act 1: renum. (9) to (7m) and am., am. (5), (10) Register May 2019 No. 761, eff. 6-1-19; CR 20-068: r. and recr. (5), am. (13) Register De- cember 2021 No. 792, eff. 1-1-22. DHS 61.03 Eligibility. (1) A program or service autho- rized under s. 51.42 or 51.437, Stats., is required to meet these standards in order to be eligible for state grants-in-aid. (2) A board organized under s. 51.42, 51.437 or 46.23, Stats., shall submit an annual coordinated plan and budget in accor- dance with s. 46.031, Stats. The annual coordinated plan and budget shall establish priorities and objectives for the year, inter- mediate range plans and budgets, and modifications of long range objectives. (a) The coordinated plan and budget shall include plans for the provision of needed services pertaining to all program elements. (b) The coordinated plan and budget shall include plans for the provision of all 16 elements of developmental disability services. (c) The coordinated plan and budget shall include emphasis on special target populations mandated by the department. (d) The disability group program elements, services and op- tional related services are as follows: ADMINISTRATIVE SERVICE CATEGORY Service Program Element Related Service Categories (a) Mental Illness 1. Inpatient Inpatient Counseling, Diagnosis, Evaluation, Health-Related, Medical, Medication, Ongoing Treatment Planning, Ba- sic Health Care, Psychotherapy, Personal Care, Trans- portation, Treatment, Activities of Social and Daily Liv- ing, Recreation, Leisure Time 2. Outpatient Outpatient Counseling, Diagnosis, Evaluation, Health-Related, Medical, Medication, Ongoing Treatment Planning, Psy- chotherapy, Detoxification, Transportation 3. Day Treatment Day Services Counseling, Diagnosis, Evaluation, Day Care, Education Training, Health-Related, Leisure Time Activities, Per- sonal Care, Medical Transportation, Medication, Ongo- ing Treatment, Planning, Social/Daily Living, Recre- ation, Alternatives Supervision 4. Emergency Care Emergency Care Counseling, Diagnosis, Evaluation, Health-Related, Medical, Transportation, Medication, Basic Health Care, Financial Aid 5. Consultation & Education Systems Management, Preven- tion, Intervention Counseling, Diagnosis, Evaluation, Health-Related, In- formation, Referral, Case Management 6. Rehabilitation Outpatient, Day Services, Sheltered Employment Transitional/Community Living Diagnosis, Evaluation, Transportation, Counseling, Edu- cation, Recreation, Training, Treatment, Personal Care, Health-Related, Medical, Day Care, Leisure Time Activ- ity, Special Living Arrangements 7. Services for Children & Adolescents All Categories All Services (b) Alcoholism and Other Drug Abuse Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. DHS 61.03 WISCONSIN ADMINISTRATIVE CODE 4 Service Program Element Related Service Categories 1. Emergency and Detoxification Emergency, Inpatient Counseling, Diagnosis, Evaluation, Health-Related, Medical, Transportation, Treatment, Personal Care, Detoxification 2. Inpatient Rehabilitation Inpatient Diagnosis, Counseling, Transportation, Treatment, Per- sonal Care, Evaluation, Health-Related, Medical, Medi- cation, Ongoing Treatment Planning, Basic Health Care, Detoxification 3. Outpatient Outpatient Counseling, Diagnosis, Evaluation, Health-Re- lated,Medical, Transportation 4. Day Care Day Services Diagnosis, Education, Transportation, Counseling, Recreation, Training, Treatment, Personal Care, Health Related, Leisure Time Activities, Medical, Evaluation 5. Transitional/Community Living Transitional/Community Living Transportation, Counseling, Education, Recreation, Training, Treatment, Sheltered Employment, Personal Care 6. Prevention & Intervention Prevention, Intervention Counseling, Diagnosis,Evaluation, Health-Related, I J R, Intervention, Outreach, Leisure Time Activity, Preven- tive, Public Information, Public Education (c) Developmental Disabilities 1. Evaluation Outpatient, Day Services, Sheltered Employment Counseling, Diagnosis, Evaluation, Health-Related, Medical, Day Care, Training, Leisure Time Activities, Transportation 2. Diagnostic Inpatient, Outpatient Counseling, Diagnosis, Evaluation, Health-Related, Medical, Transportation, Education, Recreation, Train- ing, Treatment 3. Treatment Inpatient, Outpatient, Day Services, Extended Care Treatment, Counseling, Health-Related, Medical, Trans- portation, Education, Recreation, Training, Leisure Time Activities, Personal Care 4. Day Care Day Services Education, Transportation, Counseling, Recreation, Training, Treatment, Personal Care, Health-Related, Leisure Time Activities, Medical, Evaluation 5. Training Day Services, Sheltered Employment Diagnosis, Education, Transportation, Counseling, Recreation, Training, Treatment, Personal Care, Day Care, Health-Related, Leisure Time Activities, Medical 6. Education Day Services, Sheltered Employment Diagnosis, Education, Transportation, Counseling, Recreation, Training, Treatment, Personal Care, Day Care, Health-Related, Leisure Time Activities, Medical 7. Sheltered Employment Sheltered Employment Counseling, Evaluation, Transportation, Education, Recreation, Training, Treatment, Personal Care 8. Information & Referral Intervention Counseling, Diagnosis, Evaluation, Health-Related, I J R, Intervention, Outreach, Public Information and Education 9. Counseling Outpatient Counseling, Diagnosis, Evaluation, All Services 10. Follow Along Intervention Counseling, Diagnosis, Evaluation, I J R, Interven- tion/Outreach, Public Information and Education, Case Management, Follow Along, Aftercare 11. Protective Services Protective Services Counseling, Court, Legal, Protection, Protective Pay- ment, Intervention, Case Management, Public Informa- tion and Education, Diagnosis, Evaluation, Placement, Supervision 12. Recreation Day Services Counseling, Diagnosis, Evaluation, Education, Training, Recreation, Day Care, Leisure Time Activities 13. Transportation All Categories All Services 14. Personal Care Inpatient, Extended Care Counseling, Diagnosis, Evaluation Health-Related, Med- ical, Personal Care, Transportation, Treatment, Educa- tion, Training, Transitional Community Living 15. Domiciliary Care Extended Care Transportation, Counseling, Education, Recreation, Training, Treatment, Personal Care, Diagnosis Evalua- tion, Health-Related Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 5 DEPARTMENT OF HEALTH SERVICES DHS 61.06 Service Program Element Related Service Categories 16. Special Living Arrangements Transitional/Community Services Counseling, Evaluation, Personal Care, Placement, Su- pervision, Case Management, Special Living Arrange- ments, Education, Training OTHER SERVICES: (d) Public Information Education Prevention, Intervention Leisure Time Activities, Prevention, Public Information and Education (e) Research Training and Research Research, Evaluation (f) Program Evaluation Systems Management Research, Evaluation History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526. DHS 61.04 Administration. The county board of super- visors of any county or combination of counties shall establish a board of directors in accordance with s. 46.23, 51.42 (4) or 51.437, Stats. The board shall appoint a program director. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.05 Administrative personnel. (1) The board program director is an administrator who has skills and knowl- edge in budgeting, planning, and program management. Such skills and knowledge are typically acquired during a course of study leading to a master’s degree and 5 years of related work ex- perience in a relevant field. (2) The board disability program coordinator shall have skills and knowledge in psychology, social work, rehabilitation, special education, health administration or a related human service field. The skills and knowledge required for appointment are typically acquired during a course of study leading to a master’s degree in one of the above listed fields and at least 4 years of relevant work experience. (3) The clinical director of the board program shall be a psychiatrist. (4) Additional years of experience in a relevant field may be substituted for the above academic qualifications. The depart- ment may approve the employment of individuals with lesser qualifications than stated in this subsection, if the program can demonstrate and document the need to do so. Written documen- tation of administrative personnel qualifications shall be main- tained on file at the board office and available for inspection by the department. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.06 Program personnel. Personnel in programs provided or contracted for by a board shall meet the following qualifications. Written documentation of such qualifications shall be maintained on file at the board office and available for inspection by the recipient of treatment services and the department. (1) A physician shall be licensed to practice medicine in the state of Wisconsin and shall have skills in that area in which he or she is practicing (i.e. developmental disabilities, alcoholism, chemical dependency, etc.). (2) A psychiatrist shall be a physician licensed in the state of Wisconsin and shall have satisfactorily completed 3 years resi- dency training in psychiatry in a program approved by the Amer- ican medical association. (3) A child psychiatrist shall be a physician licensed in the state of Wisconsin and shall have satisfactorily completed a resi- dency training program in child psychiatry approved by the American medical association. (4) A psychologist shall meet statutory requirements for li- censure in the state of Wisconsin. Psychologists who do not meet licensure requirements may be employed to work under the direct supervision of a licensed psychologist. (5) A social worker shall have such education, training, work or other life experiences which would provide reasonable assur- ance that the skills and knowledge required to perform the tasks have been acquired. Such skills and knowledge are typically ac- quired during a course of study leading to a master’s degree in so- cial work. Social workers with lesser qualifications may be em- ployed to work under the direct supervision of a qualified social worker. (6) Registered nurses and licensed practical nurses employed to provide nursing service shall have current Wisconsin licensure and appropriate experience or further education related to the re- sponsibility of the position. (7) Occupational therapists, recreational therapists, music therapists, art therapists and speech and language therapists shall have skills and knowledge which are typically acquired during a course of study and clinical fieldwork training leading to a bache- lor’s degree in their respective profession. (8) A teacher shall be eligible for certification by the depart- ment of public instruction for teaching the appropriate intellec- tual disability or shall secure the temporary approval of the department. (9) A rehabilitation counselor shall be certified or eligible for certification by the commission on rehabilitation counselor certification. (10) A vocational counselor shall possess or be eligible for the provisional school counselor certificate and have the skills and knowledge typically acquired during a course of study lead- ing to a master’s degree in counseling and guidance. (11) Physical therapists shall be licensed by the Wisconsin medical examining board. (12) The educational services director or designee shall have skills and knowledge in communications, educational methods and community organization which is typically acquired during a course of study leading to a bachelor’s degree. Training or expe- rience is acceptable if the individual is able to design and present educational programs, communicate clearly in writing and ver- bally, and construct a major program service through planning, organization and leadership. (13) Clergy staff members shall have skills and knowledge typically acquired during a course leading to a college or semi- nary degree and ordination. The individual shall have pastoral service experience, continuing ecclesiastical endorsement by their own denomination, and at least 1 year of full time clerical pastoral education. (15) Developmental disabilities or mental health technicians are para-professionals who shall be employed on the basis of per- sonal aptitude. They shall have a suitable period of orientation and inservice training and shall work under the direct supervision of a professional staff member. Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. DHS 61.06 WISCONSIN ADMINISTRATIVE CODE 6 (16) The department may approve the employment of indi- viduals with lesser qualifications than those stated, if the pro- gram can demonstrate and document the need to do so. History: Cr. Register, January, 1980, No. 289 , eff. 2-1-80; emerg. r. and recr. (14), eff. 3-9-89; r. and recr. (14), Register, May, 1989, No. 401, eff. 6-1-89; r. (14), Register, July, 2000, No. 535, eff. 8-1-00; correction in (8) made under s. 13.93 (2m) (b) 6., Stats., Register, June, 2001, No. 546; CR 20-068: am. (8) Register December 2021 No. 792, eff. 1-1-22. DHS 61.07 Uniform cost reporting. There shall be a uniform cost reporting system used by community programs re- ceiving state funds. Methods of cost accounting will be pre- scribed by the department. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.075 Use of telehealth. Telehealth may be used to deliver services in this subchapter when functionally equiva- lent to in-person services. Consumers shall not be required to use telehealth to receive services and an in-person option must be available. Providers are not required to provide services via tele- health to an individual or a program. History: CR 23-053: cr. Register September 2023 No. 813, eff. 10-1-23. DHS 61.08 Requirements for inservice and educa- tional leave programs for personnel. Personnel policies shall incorporate provisions for inservice training and educa- tional leave programs for program personnel. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.09 Fee schedule. A board shall charge fees ac- cording to departmental rules. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.10 Eligibility for service. In accordance with Title VI and Title IX of the Civil Rights Act and the Rehabilita- tion Act of 1973, services shall be available and accessible and no person shall be denied service or discriminated against on the ba- sis of sex, race, color, creed, disability, age, location, or ability to pay. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; CR 20-068: am. Reg- ister December 2021 No. 792 , eff. 1-1-22; correction made under s. 35.17, Stats., Register December 2021 No. 792. DHS 61.11 Client rights. The client rights mandated by ch. DHS 94 and s. 51.61, Stats., shall apply. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; CR 25-055: am. Reg- ister February 2026 No. 842, eff. 3-1-26; correction made under s. 35.17, Stats., Register February 2026 No. 842. DHS 61.12 Grievance procedure. The grievance pro- cedure mandated under ch. DHS 94 and s. 51.61 (5), Stats., shall apply. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; CR 25-055: am. Reg- ister February 2026 No. 842, eff. 3-1-26; correction made under s. 35.17, Stats., Register February 2026 No. 842. DHS 61.13 Client advocacy. Clients shall be allowed to have an advocate present to represent their interest during any phase of the staffing, program planning, or other decision making process. This does not obligate the provider to furnish the advo- cate but to facilitate the advocate’s participation if so requested by the client. The provider shall inform the client’s advocate that assistance is available from the coordinator of client advocacy in the division of community services. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.14 Affirmative action and civil rights com- pliance. (1) The board shall enunciate and annually reaffirm an explicit equal employment opportunity prohibiting discrimi- nation in all phases of employment to be disseminated among employees and contracted agencies in order to promote accep- tance and support. (2) The board shall be responsible for the affirmative action program and shall assign to a high level employee the responsibil- ity and authority for the affirmative action program implementation. (3) An annual affirmative action plan including goals and timetables shall be developed which includes input from all levels of staff, and submitted to the division of community services. (4) The practices of employee organizations and contracted agencies should conform to the 51.42/41.437 agency’s policy, and any negotiated agreements or contracts shall contain a non- discrimination clause and a statement of conformance and sup- port for the program. (5) Training in the area of affirmative action for supervisory staff and employees shall be provided by the 51.42/51.437 board. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.15 Continuity of care. (1) A program orga- nized under s. 51.42, 51.437, or 46.23, Stats. shall provide ser- vices in a comprehensive coordinated manner. (a) Written procedures for cooperative working relationships between service provider agencies shall be established and there shall be evidence that such collaborative services are being car- ried out. (b) Providers of services shall cooperate in activities such as pre-screening, referral, follow up, and aftercare, as required, to assure continuity of care and to avoid duplication of services. (c) There may be joint use of professional and other staff by the services organized under the boards. (d) Access to treatment records shall be according to ss. 51.03 and 51.30, Stats. (e) Each 51.42/51.437 or 46.23 board shall organize and maintain a central records system which provides for retrieval of information about persons receiving treatment. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.16 Volunteer services. The use of volunteers is encouraged. They shall be supervised by professional staff and there shall be written procedures for the selection process, orien- tation, and inservice training of volunteers. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.17 Religious services. (1) Religious services should be available to all patient and residential programs to as- sure every person, who wishes, the right to pursue the religious activities of his or her choice. (2) Each inpatient service may provide regularly scheduled visits by clergy. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.18 Research. Section 51.61 (4), Stats., shall ap- ply to research activity. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.19 Program evaluation. Each board shall de- velop and use a plan for evaluation of the effectiveness of its pro- grams which will be made available to the department upon request. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.20 Enforcement. (1) COMPLIANCE REQUIRED FOR STATE FUNDING. All board operated or board contracted pro- grams provided by a 51.42/51.437 board shall meet standards and be provided in a non-discriminatory manner as prescribed in ss. DHS 61.10 and 61.14. The department may discontinue state Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 7 DEPARTMENT OF HEALTH SERVICES DHS 61.30 funding of a program when it does not meet standards as estab- lished by departmental administrative rules and after the board has had reasonable notice and opportunity for hearing by the de- partment as provided in ch. 227, Stats. (2) PROVISIONAL APPROVAL. When a program does not com- ply with standards, the department may allow a compliance pe- riod of 6 months. After 6 months, the board’s program shall comply with standards or the board shall have demonstrated and documented significant attempts toward compliance. Additional provisional approvals for 3 month periods may be granted. (3) WAIVER. (a) If a board believes its program should not have to comply with a standard, it may request a waiver. The re- quest shall be in writing to the department. It shall identify the standard and explain why noncompliance would not diminish the effectiveness of its program. (b) If the program holds current accreditation issued by the joint commission on accreditation of hospitals, the requirement to meet these standards may be waived by the department. The accreditation by JCAH must be for an appropriate category such as adult psychiatric inpatient, children and adolescents inpatient, alcoholism and drug abuse, developmental disabilities, or com- munity mental health standards. (c) The department may grant exceptions to any of the rules for community mental health, developmental disabilities and al- cohol and other drug abuse standards. This may be done only when the department is assured that granting the exceptions maintains equal or higher quality of services provided. (4) INTERPRETATION. If a board disagrees with the depart- ment’s interpretation of a standard, it may appeal in writing to the department. The appeal shall identify the standard, describe the department’s interpretation, describe the board’s interpretation, and define the problem caused by the different interpretations. (5) DECERTIFICATION OR TERMINATION. (a) All proceedings set out herein shall comply with ch. 227, Stats. (b) Approval of programs may be denied or suspended with prior notice of denial and a summary of the basis for denial or suspension without prior hearing whenever the department deter- mines that: 1. Any of the programs’ licenses or required local, state or federal approvals have been revoked, suspended or have expired; or 2. The health or safety of a recipient is in imminent danger because of the knowing failure of the program to comply with those rules or any other applicable local, state or federal law or regulation. (c) Within 5 days, excluding weekends and legal holidays, af- ter receipt of notice of suspension (under sub. (2)), any program may demand and shall be entitled to receive a hearing, unless waived in writing, within 14 days of the demand in writing, and be given a decision on suspension. (d) A program’s certification may be terminated, with notice of proposed termination, and a summary of the basis of the pro- posed termination, and with notice of an opportunity for a hear- ing to respond to the findings contained in the summary within 10 days and before termination shall become effective. Failure to demand such hearings in writing within 20 days of the time of the required notice, correctly addressed, is placed in the United States mail, shall constitute waiver of the right to such hearing. Termination of certification shall be based on the following grounds: 1. Any of the program’s licenses or required local, state of federal approvals have been revoked, suspended, or have expired. 2. The program or its agents has or have been convicted of federal or state criminal statute violations for conduct performed under the Medical Assistance Program. 3. The program submitted or caused to be submitted false statements, for purposes of obtaining certification under these rules, which it knew, or should have known, to be false. 4. The program failed to maintain compliance to standards for which it was certified. 5. The program has failed to abide by the Federal Civil Rights Act of 1964 in providing services. (e) Certification for programs that do not submit biennial re- ports and fees required under s. DHS 61.695 by the end of the bi- ennial cycle will be terminated without right to a hearing. There- after, a new application for certification must be submitted. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; CR 22-078: am. (5) (e) Register July 2023 No. 811, eff. 8-1-23. DHS 61.21 Reports required by the department. Statistical and other reports required by the department shall be reported on the appropriate form, and at the times required by the department. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.22 Revision of standards. The department shall periodically review and revise these standards, not less fre- quently than every 5 years. Experiences in the application of the standards shall be incorporated into the review and revision process. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.23 Confidentiality of records. Records shall be kept on each recipient of services. Confidentiality of records shall be safeguarded. Files shall be locked when not in active use and kept in a secure place. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.24 Education/information. Each community services board shall develop a structured plan for a comprehen- sive program of public education, continuing education, and pub- lic information. In addition, education and preventive practices and procedures shall be a recognizable and an integral part of ev- ery program. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. Subchapter II — Community Developmental Disabili- ties Services DHS 61.30 Introduction. (1) PURPOSE OF RULES. The following rules establish service standards for community devel- opmental disabilities programs whether directly operated by counties or contracted from private providers. These service standards shall apply to each of the 16 services mandated by ch. 51, Stats., and contain the minimal requirements for each service. (a) For administrative purposes it is necessary to mesh the 16 services with the program elements used for reporting and bud- geting for state grant-in-aid. In programming for individuals with developmental disabilities, the program elements of outpatient, day services, sheltered employment, transitional or community living, extended care and intervention are frequently referred to in relationship to the 16 required developmental disability services. (2) DEFINITIONS. The following words and phrases have the designated meanings: (a) “Board” means a community services governing and pol- icy making board of directors as established under s. 51.42, 51.437 or 46.23, Stats. Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. DHS 61.30 WISCONSIN ADMINISTRATIVE CODE 8 (b) “Day care program” means comprehensive coordinated sets of services to the individual with a developmental disability in order to promote maturation and social development and skills in the areas of daily and community living and to provide an op- portunity for the productive, constructive use of time. Day ser- vices programs are offered on a continuous basis for a routinely scheduled portion of a 24 hour day, in a non-residential setting. 1. Day services programs shall include day care and may in- clude the additional developmental services of counseling, edu- cation, recreation, training, treatment, personal care, transporta- tion and evaluation. 2. When any of these services are offered as part of an out- patient program, the appropriate standard shall apply. (c) “Department” unless qualified, means the department of health services. (d) “Director” means the program director appointed by the board or his or her designee. (e) “Extended care program” means the provision of food and lodging and medical or nursing care on a continuous 24 hour a day basis for individuals with developmental disabilities who are unable to live in a less restrictive setting. Extended care programs are available in Wisconsin centers for the developmentally disabled. 1. Extended care programs shall include domiciliary care and any of the additional developmental disabilities services as needed by the person. 2. The appropriate standard shall apply. (f) “Intervention program” means programs designed to iden- tify individuals with developmental disabilities in need of ser- vices and to assist them in obtaining the appropriate service. 1. Intervention programs may include information and refer- ral, follow along, counseling, recreation and transportation. (g) “Outpatient program” means intermittent non-residential services in order to halt, ameliorate, or remove a developmental disability or a condition which aggravates a developmental dis- ability in order to promote more effective functioning. Outpa- tient services may occur on a single contact basis or on a schedule of routine short visits over an extended period of time. 1. Outpatient programs may include the developmental dis- abilities services of diagnosis, evaluation, counseling, education, recreation, training, treatment, personal care and transportation. 2. When any of these services are offered as part of an out- patient program, the appropriate standard shall apply. (h) “Rule” means a standard statement of policy or general or- der, including any amendment or repeal of general application and having the effect of law. (i) “Sheltered employment program”, means non-competitive remunerative employment and other necessary support services for individuals who are presently unemployable in the competi- tive labor market. 1. Sheltered employment programs shall include sheltered employment services or work activity services and may include the additional developmental disabilities services of counseling, education, recreation, training, personal care, transportation and evaluation. 2. When any of these services are offered as part of a shel- tered employment program, the appropriate standard shall apply. (j) “Transitional or community living program”, means non- medical, non-institutional, partially independent living situations for individuals with developmental disabilities which may pro- vide food, lodging and appropriate support services to facilitate social development and independence and skills in areas of daily and community living. 1. Transitional and community living programs shall include special living arrangements and may include the additional devel- opmental disabilities services of counseling, education, recre- ation, training, personal care, transportation and evaluation. 2. When any of these services are offered as part of a transi- tional or community living program, the appropriate standard shall apply. (3) FAMILY INVOLVEMENT IN SERVICE PROVISION. The ser- vice providers shall keep the family closely informed of service plans and services provided to the person with a developmental disability. For the purposes of these 16 service standards the phrase “. . . the person with a developmental disability and the family . . .” means that the family will receive information, coun- seling or assistance if appropriate and as follows: (a) The parents or legal guardian shall be included in all mat- ters related to a person who has not attained majority. (b) The legal guardian shall be included in all matters related to his or her ward in which the court had adjudicated the ward in- competent and the guardian legally responsible. (c) The family or advocate of an adult with a developmental disability shall be involved at the request of the individual. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; correction in (2) (c) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635. DHS 61.31 Information and referral services. Infor- mation and referral services provide a current complete listing of resources available to the person with a developmental disability. This information shall be cataloged and readily available to the person with a developmental disability, the professional serving the person with a developmental disability and other interested people. (1) REQUIRED PERSONNEL. There shall be a person responsi- ble for the information and referral service who shall have the skills and knowledge that would typically be acquired through a course of study leading to a bachelor’s degree in one of the social service fields and one year of experience in human services or graduate education specializing in information services. This person shall have demonstrated knowledge of the local service delivery system as well as the resources available outside of the local system. (2) PROGRAM. (a) The information and referral services shall solicit, catalog and disseminate information on all resources available to meet the needs of people with developmental disabil- ities. All information shall be disseminated in an unbiased man- ner. When necessary, individuals will be assisted in obtaining services in cooperation with the developmental disabilities fol- low-along services. (b) Whenever possible this service shall be coordinated with the information and referral activities of the other disability areas of the boards and other public agencies providing information and referral services. (c) Each information and referral service shall have a written plan which describes its method of operation. (d) Each information and referral service shall maintain the following information on all inquiries: 1. Mode of inquiry—personal visit, letter, phone call, and so forth. 2. From whom inquiry was received—consumer, profes- sional, and so forth. 3. Type of information or referral needed. 4. Developmental disability for which information or referral was requested. 5. The effectiveness of the referrals. Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 9 DEPARTMENT OF HEALTH SERVICES DHS 61.34 (e) There shall be an internal annual review of par. (d) to as- certain where this service can be improved. Data that appears to point to gaps or weaknesses in community services shall be for- warded in writing to the board for consideration in the planning and budgeting process. (f) Each information and referral services shall develop and implement a written plan for continuous, internal evaluation of the effectiveness of its program. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.32 Follow-along services. Follow-along ser- vices establish and maintain a relationship with a person with a developmental disability and the family for the purpose of assur- ing that the needs of a person with a developmental disability are identified and met. Follow-along services shall establish a catch- ment area system of case management which shall coordinate ser- vices to a person with a developmental disability whether that person receives services from one or many agencies. (1) REQUIRED PERSONNEL. There shall be a case manager who has the skills and knowledges that would be typically ac- quired through a course of study leading to a degree in a human services related field, and at least 2 years experience in develop- mental disabilities. This person shall be knowledgeable concern- ing the service delivery system and the resources available to the individual with a developmental disability. The case manager shall be responsible to the director of the board, or if contracted, to the director of the contracted agency. (2) PROGRAM. (a) There shall be a system of case manage- ment which coordinates all services to people with developmen- tal disabilities within the respective board catchment area. (b) The board or the agency contracted for follow-along ser- vice shall develop a written plan to inform all people known to have a developmental disability and their family of the follow- along service as it relates to: 1. The obligation of the case manager in the development and supervision of a comprehensive, individualized service plan. 2. The availability of this service to people with a develop- mental disability on a life-long basis, regardless of the need for other service elements. (c) The case manager shall be responsible for the develop- ment, coordination and implementation of a service plan for each individual receiving services other than information and referral, diagnosis, and transportation. This service plan shall be devel- oped as specified under s. DHS 61.34 evaluation service. (d) The case manager shall coordinate, his or her effort with the information and referral service to assist people with a devel- opmental disability in obtaining a service they need which does or does not exist within the board mandate. (e) The case manager shall provide an annual written sum- mary to the director on each person who receives only follow- along service. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; correction in (2) (c) made under s. 13.93 (2m) (b) 7, Stats., July, 2000, No. 535; correction in (2) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546. DHS 61.33 Diagnostic services. Diagnostic services are medical services, to identify the presence of a developmental disability. (1) REQUIRED PERSONNEL. (a) Diagnosis shall be performed by a physician. Whenever possible the physician shall be a spe- cialist in developmental disorders. (b) There shall be additional personnel as necessary to meet the diagnostic needs of the individual. (2) PROGRAM. (a) Diagnosis shall be provided when the per- son enters the service delivery system, if this has not already been completed, and periodically thereafter when changes in function- ing indicate that a person’s eligibility for services should be reassessed. (b) The diagnosis shall include a physical assessment and may include a psychological assessment and a social history if they re- late to the person’s developmental disability. (c) A written report on the type and degree of an individual’s developmental disability shall be made to the director within 30 days after the referral for service has been made. (d) The written report shall be available to the service providers on a need to know basis as specified in s. 51.30, Stats. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.34 Evaluation services. Evaluation services are the systematic assessment of pertinent physical, psychologi- cal, vocational, educational, cultural, social, familial, economic, legal, environmental, mobility, and other factors affecting the in- dividual with a developmental disability in order to develop a comprehensive service plan. Evaluation services shall include the initial formal evaluation as well as a mechanism for review and modification of the service plan. (1) REQUIRED PERSONNEL. (a) There shall be a case manager who acts as coordinator. (b) There shall be additional personnel as necessary to meet the evaluation needs of the individual. The evaluation shall, as needed, include assessments of a physician, psychologist, dentist, optometrist, speech pathologist, audiologist, professional voca- tional specialist, social worker, physical therapist, occupational therapist, nurse, or teacher. (c) The person shall be actively involved in the evaluation process and family members, advocates or guardians of the indi- vidual shall be included if appropriate. (d) In conjunction with the implementation of the service plan, staff within agencies shall be designated to provide continu- ous evaluation of a person’s performance within a service or activity. (2) PROGRAM. (a) The case manager shall be responsible for coordinating the formal evaluation. The formal evaluation shall, as needed, include personnel who are able to provide a systematic interdisciplinary assessment of physical, psychological, voca- tional, educational, cultural, social, economic, legal, environmen- tal, familial, mobility, and other characteristics affecting the per- son with a developmental disability. (b) A person shall receive a formal evaluation within 30 days of the referral for evaluation services. (c) All or portions of evaluations done by local or state agen- cies such as local schools, centers for the developmentally dis- abled, division of vocational rehabilitation (DVR) or technical college system which are less than one year old shall be reviewed. (d) The case manager shall ensure that a written report is pre- pared which shall contain: 1. Recommendations on the nature and scope of services needed to correct or minimize the disabling condition or condi- tions and those services needed to promote or enhance the indi- vidual’s total strengths and assets. 2. The extent to which the disability limits, or can be ex- pected to limit, the individual and how and to what extent the dis- abling condition or conditions may be corrected or minimized. (f) The case manager shall be responsible for the development of a service plan based upon the reports of the evaluators. The service plan shall be developed in cooperation with the individual and the family. The service plan shall state long and short-term objectives for the individual, services needed to meet objectives and a timetable for their attainment. The service plan shall also Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. DHS 61.34 WISCONSIN ADMINISTRATIVE CODE 10 include agency case plans which shall contain outcome oriented, measurable objectives and a timetable for their attainment. It shall specify the types of activities in which the person shall par- ticipate and the activities shall be appropriate to the age as well as the functional level of the individual. (g) The case manager shall coordinate the implementation of the service plan and shall review the agencies case plans and the written progress notes of the agency staff concerning the individ- ual’s progress toward the objectives contained in the service plan at least every 6 months. (h) There shall be continuous evaluation which shall be the responsibility of the case manager and agency staff. As part of the continuous evaluation, the case manager shall hold at least an annual review of the service plan. This review shall include the individual, those persons responsible for providing services to the individual, and the family. Any of the people involved in the orig- inal assessment, may be included. The case manager shall ensure that a written summary report of the annual review is prepared. (i) The case manager shall be responsible for coordinating for- mal re-evaluations of the individual based upon the recommenda- tions from the annual review. (j) The case manager shall be responsible for modifying the service plan based upon any significant change in the person’s functioning and shall coordinate the implementation of the re- vised service plan. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; correction in (6) made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1995, No 474. DHS 61.35 Counseling services. Counseling services provide professional guidance based on knowledge of human be- havior through the use of interpersonal skills to achieve specified goals. (1) PERSONNEL. (a) The individual providing counseling ser- vices, except in the areas of medical and legal counseling, shall have the skills and knowledges that would be typically acquired through a course of study leading to a master’s degree in one of the behavioral sciences and one year of training or experience in the specific area in which counseling is being offered. (b) Medical counseling shall be provided by a licensed physi- cian or a registered professional nurse in accord with the Profes- sional Practice Act, and legal counseling shall be provided by a li- censed attorney. Non-medical or non-legal counselors shall in- form the person with a developmental disability and the family of what the statutes provide and the interpretations provided by ad- ministrative rules and guidelines in the legal and medical areas. (2) PROGRAM. (a) Counseling services may assist the person with a developmental disability and the family to understand his or her capabilities and limitations or assist in the alleviations of problems of adjustment and interpersonal relationships. (b) Counseling services shall assist the person with a develop- mental disability and the family with understanding the objec- tives in the individual’s service plan. (c) Counseling services shall be provided as recommended in the service plan. (d) The counselor shall keep a written record for each counse- lee. The record shall contain summaries of each scheduled ses- sion and any other significant contact. The record shall include but is not limited to the following data: 1. Date of contact. 2. Names, addresses and phone numbers of the people in- volved in contact. 3. Duration of the contact. 4. Progress toward objectives of the counseling case plan. 5. Recommendations for changes in counseling or the overall service plan. (e) The counselor shall send a written report to the case man- ager at least every 6 months. The report shall contain a statement on progress toward the goals of the service plan and the recom- mendations for changes in the service plan. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.36 Education services. Education services are structured learning experiences designed to develop ability to learn and acquire useful knowledge and basic academic skills, and to improve the ability to apply them to everyday living. (1) AGENCY BASED PROGRAMS FOR BIRTH-3 YEARS. (a) Re- quired personnel. 1. There shall be a director who shall have skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in child develop- ment, early childhood education or a closely related area. 2. Instructional and related personnel shall be certified or meet certification requirements as established by the department of public instruction. 3. The maximum number of children in a group and the ratio of children to direct service staff shall not exceed: Age Maximum Number of Children in a Group Service Minimum Number of Direct Staff to Children a. Under 1 year 6 1:2 b. 1 year—3 8 1:4 years (b) Program. 1. For children from birth to 3 years, the pro- gram emphasis shall be on cognitive, motor, social, communica- tion and self help skills. 2. Whenever possible programming for the birth to 3 year old shall be done in conjunction with the parents or the persons pri- marily responsible for the care of the child. 3. Programming for the birth to 3 year old shall take into con- sideration the individual family environment of each child. 4. Educational services shall be provided as recommended in the service plan. 5. Designated staff involved in the education service shall send a written report to the case manager at least every 6 months. The report shall contain a statement on progress toward the ob- jectives of the service plan and the recommendations for changes in the service plan. (2) HOME-BASED SERVICES FOR BIRTH-3 YEARS. (a) Re- quired personnel. 1. There shall be a home trainer who is certi- fied by the department based on the criteria established by the Wisconsin hometrainers association, Inc. A licensed physical therapist or neuro-developmental occupational therapist also qualifies as home trainers. (b) Program. 1. For children from birth to 3 years, the pro- gram emphasis shall be on cognitive, motor, social, communica- tion and self help skills. 2. Whenever possible programming for the birth to 3 year old shall be done in conjunction with the parents or the persons pri- marily responsible for the care of the child. 3. Programming for the birth to 3 year old shall take into con- sideration the individual family environment of each child. 4. Educational services shall be provided as recommended in the service plan. 5. Designated staff involved in the education service shall send a written report to the case manager at least every 6 months. The report shall contain a statement on progress toward the ob- Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 11 DEPARTMENT OF HEALTH SERVICES DHS 61.40 jectives of the service plan and the recommendations for changes in the service plan. (3) PROGRAMS SERVING INDIVIDUALS 18 YEARS AND OVER. These programs requirements are specified in s. DHS 61.38 , training services. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.37 Recreational services. Recreation services are activities designed to meet specific individual needs such as individual self-expression, social interaction and entertainment; develop skills and interests leading to enjoyable and constructive use of leisure time; and improved well-being. (1) PERSONNEL. There shall be a recreation director and staff as needed. (2) PROGRAM. (a) The agency providing recreation services shall hold regularly scheduled activities which meet the needs, in- terests and abilities of individuals. (b) The agency providing recreation services shall provide at least one of the following kinds of activities: 1. Active and passive 2. Individual and group 3. Social, physical and creative 4. Community involvement activities (c) The agency providing recreation services shall provide suitable space for recreation programs. (d) The agency providing recreation services shall provide the necessary supplies and equipment to meet the individual needs of clients. (e) The agency providing recreation services shall utilize ex- isting generic community social and recreation services, includ- ing personnel, supplies, equipment, facilities and programs when possible. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.38 Training services. Training services pro- vide a planned and systematic sequence of formal and informal activities for adults designed to develop skills in performing ac- tivities of daily and community living including self-help, motor and communication skills and to enhance emotional, personal and social development. Training services are usually provided as day services, sheltered employment or transitional community living arrangements. (1) PERSONNEL. (a) Director. There shall be a director who shall have skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in a hu- man services related field and at least 3 years of related experience. (b) Other staff. Program staff may include but is not limited to home trainers, specialists, and assistants. Staff or consultants shall be available, as needed, who are knowledgeable and skilled in adapting or modifying equipment and environments, and the application of special equipment for persons with physical disabilities. (c) Personnel ratios. Personnel ratios shall be a minimum of one direct service staff for each 15 persons. (2) PROGRAM. (a) Training service shall include at least one of the following programs to encourage and accelerate develop- ment in: 1. Independent and daily living skills. 2. Mobility skills. 3. Social development. 4. Vocational and work related skills. (b) Training services shall be directed toward integrating the individual into the total family and community environment. (c) Training services shall be provided as recommended in the service plan. (d) Staff supervising the training service shall send a written report to the case manager or his or her designee at least every 6 months. The report shall contain a statement on progress toward the objectives of the service plan and recommendations for changes. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.39 Treatment services. Treatment services provide coordinated medical or medically related interventions which halt, control or reverse processes which cause, aggravate or complicate developmental disabilities. The interventions may in- clude dental and medical treatments, physical therapy, occupa- tional therapy, speech therapy and other medical and ancillary medical programs. (1) PERSONNEL. There shall be a professional licensed in the area in which he or she is prescribing, directing, administering, or supervising treatment services. All treatment services shall be in compliance with the professional rules and regulations of the li- censing bodies. (2) PROGRAM. (a) Treatment services shall be provided as recommended in the service plan. (b) Designated staff involved in the treatment services shall send a written report to the case manager or his or her designee at least every 6 months. The report shall contain a statement on progress toward the objectives of the service plan and the recom- mendations for changes in the service plan. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.40 Sheltered employment and work activ- ity services. Sheltered employment services are non-competi- tive remunerative employment for an indefinite period of time for individuals who are presently unemployable in the competitive labor market. Work activity services are worklike therapeutic ac- tivities for individuals with disabilities whose physical or mental impairment is so severe as to make their productive capacity in- consequential (never more than 25% of the normal production capacity). Sheltered employment programs shall include shel- tered employment services or work activity services and may in- clude the additional developmental disabilities services of coun- seling, education, recreation, training, personal care and trans- portation. A sheltered employment program shall comply with all of the following: (1) PERSONNEL. (a) There shall be a director who shall pos- sess skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in a hu- man services field, with a minimum of 2 years supervisory or ad- ministrative experience in an agency which is programmed for the developmentally disabled or an appropriate industrial back- ground with 2 years of relevant experience. (b) There shall be a program director who shall possess the skills and knowledges that typically would be acquired through a course of study leading to a master’s degree in psychology, reha- bilitation or a closely related field with at least one year of experi- ence in programming for the developmentally disabled. An addi- tional 2 years of experience may provide those skills and knowl- edge typically acquired through study for a master’s degree. (c) There shall be a supervisor or supervisors who shall pos- sess skills and knowledges that typically would be acquired through: 1. A course of study that would lead to a bachelor’s degree in one of the human services, or Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. DHS 61.40 WISCONSIN ADMINISTRATIVE CODE 12 2. A minimum of 2 years of academic, technical or voca- tional training consistent with the type of work to be supervised or 3. A minimum of 2 years of experience in a work situation related to the type of work supervised. (d) There may be a contract procurement specialist who shall have the skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in an in- dustrial, business, or related field. Two years of bidding, pricing, time study, marketing, advertising or sales experience may be substituted for a course of study. (e) There may be a production manager who shall have the skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in an engineering, business or industrial field. Business or industrial experience in a supervisory capacity can substitute for course study on a year for year basis. (f) There shall be a vocational counselor who shall possess or be eligible for the provisional school counselor certificate and have the skills and knowledge typically acquired during a course of study leading to a master’s degree in counseling and guidance. (g) Additional staff or consultants shall be available, as needed, who are knowledgeable and skilled in adapting or modi- fying equipment and environments, and the application of special equipment for persons with physical disabilities. (h) Agencies offering sheltered employment or work activities shall maintain the following staff ratios when the program is operating: 1. There shall be a minimum of 2 supervisory personnel for the first 15 sheltered or work activity employees. 2. There shall be one additional direct service personnel for each additional 15 sheltered or work activity employees or frac- tion thereof. (i) Agencies offering sheltered employment or work activities shall make services available a minimum of 20 hours per week. (2) PROGRAM. (a) Sheltered employment and work activity shall include remunerative work including supervision and in- struction in work tasks and observance of safety principles in a realistic work atmosphere. A realistic work atmosphere is most effectively provided within a community job site setting, when- ever possible. 1. Work orientation shall be provided to encourage good work habits. It shall include proper care of equipment and mate- rials, correct handling of tools and machines, good attendance, punctuality, and safe work practices. It shall afford disciplined interpersonal work tolerance and work pace consistent with the client’s potential. 2. The layout of work positions and the assignment of opera- tions shall ensure the efficient flow of work and appropriate rela- tionship of each operation to all other operations in its sequence with respect to the time required for its completion. The organi- zation of work shall embody an awareness of safe practices and of the importance of time and motion economy in relation to the needs of individuals being served. 3. Information concerning health and special work consider- ations which should be taken into account in the assignment of clients shall be clearly communicated in writing to supervisory personnel. 4. Vocational counseling shall be available. (b) The agency offering sheltered employment or work activ- ity, shall maintain provisions either within its parent organization or through cooperative agreements with the division of voca- tional rehabilitation or other job placing agencies, for the place- ment in regular industry of any of its clients who may qualify for such placement. Clients shall be informed of the availability of such services for placement in competitive industry. (c) The agency offering sheltered work or work activity shall maintain payroll sub-minimum wage certificates and other records for each client employed in compliance with the Fair La- bor Standards Act. (d) The agency offering sheltered employment or work activ- ity shall provide the client with effective grievance procedures. (e) The agency offering sheltered employment or work activ- ity shall provide the clients with paid vacation, holidays and a minimum of 5 sick days per year. (f) Sheltered employment or work activity shall be provided as recommended in the service plan. (g) Appointed staff supervising the sheltered employment or work activity shall send a written report to the case manager at least every 6 months. The report shall contain a statement on progress toward the objectives of the service plan and the recom- mendations for changes. (h) Commission on accreditation of rehabilitation facilities (CARF) accreditation for sheltered employment or work activi- ties may substitute for all except pars. (f) and (g). History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; CR 20-068: am. (in- tro.) Register December 2021 No. 792, eff. 1-1-22. DHS 61.41 Day care. Day care is clustered and coordi- nated sets of services provided to an individual with a develop- mental disability on a scheduled portion of a 24 hour day. Day care shall include at least 2 of the following: counseling, educa- tion, recreation, or training. It may also include any one or com- bination of the following: evaluation, transportation, treatment and personal care. (1) PERSONNEL. (a) There shall be a director who shall have the skills and knowledges typically acquired through a course of study leading to a bachelor’s degree in a human services field, with a minimum of 2 years’ supervisory or administrative experi- ence in programming for the developmentally disabled. (b) There shall be additional personnel as required under ap- propriate sections of the service standards. (2) PROGRAM. Program requirements shall be as specified in appropriate sections of the service standards. Day care should be provided in generic day care programs whenever possible. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.42 Personal care services. Personal care ser- vices include the provision of meals, clothing and bodily care. They are designed to maintain health and well-being, to improve development and to prevent regression. Personal care services can be delivered at home or in sheltered apartments. (1) PERSONNEL. (a) The case manager shall be responsible for coordinating the delivery of personal care services. (b) There shall be additional staff as needed and staff shall have training or experience in that area in which care or services are provided. (2) PROGRAM. (a) Personal care services shall be provided in the least restrictive setting. (b) Personal care services shall be provided on a long-term basis as well as a short-term care basis. (c) Personal care services shall be provided as recommended in the service plan. (d) The case manager shall review the personal care service plan with the person receiving the services at least every 6 months. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 13 DEPARTMENT OF HEALTH SERVICES DHS 61.70 DHS 61.43 Domiciliary care service. Domiciliary care services are provided by the state developmental disabilities centers. (1) PERSONNEL. There shall be an administrator and staff as required under ch. DHS 134, and federal standards regulating in- termediate care facilities for individuals with intellectual disabilities. (2) PROGRAM. (a) Program requirements shall comply with appropriate sections of ch. DHS 134, and federal standards regu- lating intermediate care facilities for individuals with intellectual disabilities. (b) The centers shall provide the responsible board with a copy of the annual review of the service plan. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; corrections made un- der s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; corrections in (1) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526; correc- tions in (1) and (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; 2019 Wis. Act 1: am. (1), (2) (a) Register May 2019 No. 761, eff. 6-1- 19. DHS 61.44 Special living arrangements services. Special living arrangements may provide living quarters, meals and supportive services up to 24 hour per day for people in need of assistance in the areas of community and daily living but who require less care and supervision than is characteristic of individ- uals needing domiciliary or nursing home care. Special living ar- rangement services may be provided in foster homes, group foster homes, halfway houses, community based residential facilities, child welfare institutions, homes and apartments. (1) PERSONNEL. Staff shall possess the personal qualities, skills and education necessary to meet the needs of the residents and comply with the appropriate sections of Wisconsin statutes, administrative codes and licensing rules. (2) PROGRAM. (a) Program requirements shall comply with appropriate sections of Wisconsin statutes, administrative codes and licensing rules. (b) The individual receiving special living arrangement ser- vices shall be employed or otherwise engaged away from the res- idential setting in accordance with the individual’s service plan except in child welfare institutions. (c) When special living arrangements are provided on a respite basis they shall meet the requirements of this section. (d) Special living arrangement services shall be provided as recommended in the service plan. (e) Appointed staff supervising the special living arrangement shall send a written report to the case manager or his or her de- signee at least every 6 months. The report shall contain a state- ment on progress toward the goals of the service plan and the rec- ommendations for change in the service plan. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.45 Transportation services. Transportation services provide for the necessary travel of a developmentally dis- abled individual and if necessary, escorts to and from places in which the individual is receiving services recommended in the individual’s service plan. Transportation may include taking ser- vices to the homebound, and includes but is not limited to deliv- ery of raw materials and pick up of the finished product from homebound industries. (1) PERSONNEL. (a) Any person operating a motor vehicle which transports either people with developmental disabilities or the products of their homebound industry, shall hold an appropri- ate operator’s license from the department of transportation. (b) All motor vehicle operators shall be covered by liability insurance. (c) Motor vehicles shall be inspected by, and meet the require- ments of the department of transportation. (2) PROGRAM. (a) When possible, regularly scheduled pub- lic transportation shall be used. (b) When possible, transportation services shall be coordi- nated with the efforts of voluntary agencies and other agencies serving community groups. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80. DHS 61.46 Protective services. (1) Protective ser- vices are a system of continuing socio-legal services designed to assist individuals who are unable to manage their own resources or to protect themselves from neglect, abuse, exploitation or de- grading treatment and to help them exercise their rights as citi- zens. This system ensures that no right of a person with a devel- opmental disability shall be modified without due process. It must be emphasized that insofar as protective services are con- cerned, it is not the services that are distinctive but rather the in- dividual for whom the services are intended, along with reasons why the services are being provided. (2) Protective services shall be provided under applicable sections of chs. 48, 54 and 55, Stats., and applicable sections of the department’s administrative code. (3) If any developmental disabilities services are provided as part of protective services, they shall comply with the appropriate standard. History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DHS 61.69 Duration of certification for community mental health programs. (1) A certification under this sub- chapter remains valid until it is suspended or terminated by the department in accordance with s. DHS 61.20 (5). (2) Certification becomes invalid due to non-submission of the biennial report or non-payment of biennial fees in accordance with s. DHS 61.695. History: CR 22-078: cr. Register July 2023 No. 811, eff. 8-1-23. DHS 61.695 Biennial report and fees for commu- nity mental health programs. (1) Every 24 months, on a date determined by the department, the program shall submit a biennial report on the form provided by the department and shall submit payment of certification continuation fees. (2) The department shall send the certification continuation materials to the provider, which the provider is expected to com- plete and submit to the department according to instructions pro- vided under s. 51.04, Stats. (3) A certification will be suspended or terminated if biennial reports and fees are not submitted prior to the end of the biennial cycle. History: CR 22-078: cr. Register July 2023 No. 811, eff. 8-1-23. Subchapter IV — Community Mental Health Programs DHS 61.70 Inpatient program - introduction and definitions. (1) INTRODUCTION. The following standards have been developed for community inpatient mental health services receiving state aids, whether directly operated by counties or con- tracted with private providers. The standards are intended to be consistent with those stated in Standards for Psychiatric Facili- ties, published by the American Psychiatric Association, 1969; with the psychiatric footnotes to the Accreditation Manual for Hospitals, published by the Joint Commission on Accreditation of Hospitals, December, 1970; and with recent federal court deci- sions in Wisconsin and other states. They are intended to insure Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. DHS 61.70 WISCONSIN ADMINISTRATIVE CODE 14 that each mental health inpatient service will provide appropriate treatment to restore mentally disordered persons to an optimal level of functioning and return them to the community at the ear- liest possible date. In order to do this the service must: (a) Have an ethical, competent staff responsible for carrying out a comprehensive treatment program; (b) Integrate its services with those provided by other facili- ties in the county which serve the mentally ill, individuals with intellectual disabilities, and alcoholics and drug abusers; (c) Preserve the dignity and rights of all its patients; and (d) Be responsive to the needs of its community. (2) DEFINITIONS. As used in this subchapter: (a) “Community mental health inpatient services”, hereafter called “services”, means a county-operated unit, general hospital psychiatric unit, or private psychiatric hospital whose primary objective is to provide care and intensive treatment for the men- tally ill, alcoholics and drug abusers. (b) “Patient” means anyone receiving care in a community mental health inpatient service. History: Cr. Register, December, 1973, No. 216, eff. 1-1-74; renum. from PW- MH 60.61, and am. (2), Register, September, 1982, No. 321, eff. 10-1-82; 2019 Wis. Act 1: am. (1) (b) Register May 2019 No. 761, eff. 6-1-19. DHS 61.71 Inpatient program standards. (1) RE- QUIRED PERSONNEL. (a) Psychiatry. Each mental health inpa- tient service shall have a psychiatrist who has competed an ap- proved residency training program in psychiatry as its director of mental health services. This director shall be responsible for or- ganization and maintenance of an active mental health treatment program and shall assume responsibility for the admission, treat- ment, discharge planning, and release of patients from the inpa- tient service. The director of mental health services and addi- tional psychiatrists, as needed, shall be available for daily inpa- tient visits, in order to carry out an adequate treatment program. Additional provision shall be made for emergency contact be- tween such visits. Each service shall provide for a minimum of .8 hour a week psychiatric treatment time per patient under care. The psychiatric staff will assume responsibility for patient care, utilizing the services of the medical staff for necessary general medical care. (b) Nursing service. 1. ‘Registered nurses and licensed prac- tical nurses.’ Each service shall employ sufficient registered nurses and licensed practical nurses to provide full-time nursing service for each shift 7 days a week. All registered nurses and li- censed practical nurses employed to provide nursing service must have a current Wisconsin certificate to practice as a RN or LPN, and appropriate experience and/or further education for the re- sponsibility of the position. The following schedule of licensed nursing coverage is minimal, with the added provisions that at least one staff member on the day and evening shift be a regis- tered nurse. In computing the number of licensed personnel needed on each shift, the totals should be rounded up if .5 or more, down if less than .5. There must always be at least one li- censed person on duty on each shift, even if the number required is less than .5. Day Shift Evening Shift Night Shift .32 hrs/pat/day or .16 .16 2.24 hrs/pat/wk 1.12 1.12 2. ‘Aides and other paraprofessionals.’ Each service shall employ a sufficient number of aides or other paraprofessionals to provide a ratio of 1.25 hours of such time per patient per day. In computing this ratio, dietary, maintenance and housekeeping staff, volunteers or building security shall not be included as aides. There shall be at least one aide or other treatment staff per- son on duty in each ward when patients are present to insure ade- quate patient supervision. In determining adequate care the de- partment has the authority to determine what constitutes units of coverage. Paraprofessionals entitled mental health technicians or mental health workers may be employed. They shall be selected on the basis of their personal qualities and aptitude. They must have a period of orientation and inservice training, and work un- der the supervision designated treatment staff. (c) Activity therapy. Each service shall employ at least one full-time registered occupational therapist and one certified oc- cupational therapy assistant or a graduate of the division of men- tal hygiene’s Activity Therapy Assistant Course. Where other health care services are located in the same or continuous prop- erty, one full-time occupational therapist may serve the other health care service as well as the inpatient mental health services. The mental health inpatient service shall maintain a ratio of 1.6 hours of activity therapy staff time per patient per week. A regis- tered music therapist or art therapist may fill the requirement for activity therapy positions after one registered occupational thera- pist has been employed. Where work therapy is utilized, each service shall designate the registered occupational therapist, un- less the service has employed a vocational rehabilitation coun- selor. In this circumstance the vocational rehabilitation counselor shall be in charge of industrial therapy. (d) Social services. Each service shall employ one full-time social worker and provide for a minimum of .8 hour a week social work time per patient under care. Social workers must have a master’s degree from an accredited school of social work or a bachelor’s degree in social work, or social science. The first so- cial worker hired must have a master’s degree in social work. (e) Psychological services. Each service shall employ or con- tract for the services of a clinical psychologist licensed in the state of Wisconsin to provide psychological testing, counseling and other psychological services. A minimum ratio of .8 hour per week psychology time per patient under care shall be provided. (f) Exceptions. A special exception to any of the foregoing personnel requirements may be granted in unusual circum- stances, if a service develops an alternative proposal, satisfactory to the department, to provide an innovative approach to patient care, which provides levels of services equivalent to those re- quired in these standards. An exception may also be granted to a proposal which substitutes personnel with qualifications equal to those listed above. (2) PROGRAM CONTENT. (a) Therapeutic milieu. 1. ‘Gen- eral consideration.’ An important factor in a mental health treat- ment program in an inpatient service is a therapeutic atmosphere. Although intangible, the presence or lack of this atmosphere is pervasive and immediately apparent. It is important that all staff members treat each patient with respect, providing all freedoms his or her condition permits and allowing the patient to retain a sense of individuality, freedom of choice and independence. Pa- tients shall be encouraged to behave appropriately and in a so- cially acceptable way. Patients shall be permitted to dress in indi- vidually selected street clothing and retain sentimentally impor- tant personal possessions as clinically indicated. They shall be permitted to write letters, subject to restrictions only as clinically indicated. Home-like living quarters with drapes, pictures and furnishings shall be provided, and normal needs for privacy and feelings of modesty respected. Conversely, severe restriction of freedom of movement by prison-like practices; implicit or ex- plicit expectations of dangerous, unpredictable behavior; use of punishment, especially seclusion and restraint, in the guise of therapy; exploitation of patient labor; use of spoons only as eat- ing utensils and the like, shall not be permitted. Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 15 DEPARTMENT OF HEALTH SERVICES DHS 61.71 2. ‘Staff functions.’ To maximize the therapeutic effect of hospitalization, all aspects of mental health inpatient care must be integrated into a continuous treatment program. The activities of all staff — psychiatrists, physicians, psychologists, social workers, activity therapists, nurses, aids, chaplains and others — must be coordinated in a concerted treatment effort, utilizing the special skills and roles of each in a complementary manner to ef- fect a total therapeutic purpose. The services of volunteers must be used in the same way. The specific treatment responsibilities of psychiatrists, psychologists, social workers and activity thera- pists are generally well understood, but the contributions of vol- unteers and other staff, such as chaplains and food service work- ers, also have important implications for patients’ welfare. Their work must be carried out in a manner which furthers the total treatment program. Nursing staff shall be full partners in thera- peutic team and, as a significant portion of their nursing responsi- bilities, shall participate in activities such as group therapy, sup- portive counseling, and socializing experience for patients. Men- tal health aides are valuable contributors to the therapeutic mi- lieu. As staff members who are constantly in close contact with patients, their activities are to be geared carefully to provide pa- tients with emotional support and respite from inquiry into their difficulties, promote their independence, and provide them with companionship and assistance in personal care and grooming, recreational activities, social behavior, care of property and day to day living. (b) Evaluation. Every newly received patient shall be evalu- ated by the professional staff within 48 hours after admission. This evaluation shall include psychiatric examination, the initia- tion of family contact and social history taking, and psychologi- cal examination when indicated. A plan of treatment and/or dis- position shall be formulated and periodically reviewed. Progress notes on all cases shall be written frequently and regularly as the patient’s condition requires, but in no instance less than once a week. (c) Clinical records. The mental health inpatient service shall maintain a current treatment plan and clinical record on each pa- tient admitted to the service. (d) Drug and somatic therapy. Every patient deemed an ap- propriate candidate shall receive treatment with modern drugs and somatic measures in accordance with existent laws, estab- lished medical practice, and therapeutic indications as deter- mined by current knowledge. (e) Group therapy. Each mental health inpatient service is en- couraged to develop group therapy programs, including remotiva- tion groups where appropriate. Nursing and aid staff should be trained in these therapy techniques. (f) Activity therapy. The occupational therapist shall organize and maintain an activity therapy program on a year-round full time basis. This treatment and rehabilitation program shall be re- ality oriented and community focused. The program shall be car- ried on both in the facility and in the community. The activity therapy department shall also provide a program of recreational activities to meet the social, diversional and general developmen- tal needs of all patients. A recreational therapist may be em- ployed for this purpose. Activity therapy should be part of each patient’s treatment plan and should be individually determined according to needs and limitations. The record of the patient’s progress in activity therapy should be recorded weekly and kept with the patient’s clinical record. (g) Industrial therapy. Industrial therapy assignments shall be based on the therapeutic needs of the patient rather than the needs of the inpatient service. Industrial therapy shall be pro- vided only upon written order of the psychiatrist. The written or- der shall become part of the patient’s clinical record. The indus- trial therapy assignment of patients shall be reviewed by the treat- ment staff weekly. The review shall be written and included in the patient’s clinical record. Continued use of industrial therapy will require a new order from the psychiatrist weekly. (h) Religious services. 1. Adequate religious services must be provided to assure every patient the right to pursue the reli- gious activities of his or her faith. 2. Each service shall provide regularly scheduled visits by clergy. 3. Each service may utilize the services of a clinical pastoral counselor as a member of the treatment team, provided he or she has had clinical training in a mental health setting. (i) Use of mechanical restraint and seclusion. Mechanical re- straint and seclusion are measures to be avoided if at all possible. In most cases control of behavior can be attained by the presence of a sympathetic and understanding person or appropriate use of tranquilizers and sedatives upon order of the psychiatrist. To eliminate unnecessary restraint and seclusion, the following rules shall be observed. 1. Except in an emergency, no patient shall be put in re- straints or seclusion without a medical order. In an emergency the administrator of the service or designee may give the order. Such action shall be reviewed by a physician within 8 hours. 2. Patients in seclusion—restraints must be observed every 15 minutes and a record kept of observations. (j) Extramural relations. Inpatient mental health services are one component of community based comprehensive mental health program provided or contracted by the unified boards un- der s. 51.42, Stats. As a component of the community based comprehensive program the inpatient service program must be integrated and coordinated with all services provided through the unified board. Evidence of integration and coordination shall be detailed in the unified board’s plan. Professional staff should be used jointly by the inpatient and other services and clinical records shall be readily transferable between services. 1. ‘Alternate care settings.’ Every effort shall be made to find and develop facilities for patients who require medical or so- cial care or less than full time inpatient mental health treatment. Such facilities, known as alternate care settings, shall include but not be limited to group homes, foster homes, residential care fa- cilities, nursing homes, halfway houses, partial hospitalization and day services. Special effort shall be made to place patients in family care settings whenever possible. 2. ‘Vocational rehabilitation.’ The inpatient service shall es- tablish an ongoing relationship with vocational rehabilitation counselors. Every effort shall be made to identify patients amenable to vocational rehabilitation and to refer them to the ap- propriate agency. Sheltered workshops shall be utilized to the fullest possible extent. 3. ‘Family and community ties.’ Active effort shall be made to maintain the family and community ties of all patients. In many cases the inpatient service staff must take the initiative to develop and maintain family contact. Visiting of patients in the hospital and patient visits outside the hospital shall be as frequent and as long as circumstances permit. Maintaining community ties would include such activities as arranging for patients to do their own shopping, attending church, continuing employment, and participating in recreational activities within the community. History: Cr. Register, December, 1973, No. 216, eff. 1-1-74; renum. from PW- MH 60.62, Register, September, 1982, No. 321, eff. 10-1-82; corrections made un- der s. 13.93 (2m) (b) 5., Stats., Register, June, 1995, No. 474. Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. DHS 61.72 WISCONSIN ADMINISTRATIVE CODE 16 DHS 61.72 Enforcement of inpatient program stan- dards. (1) All community mental health inpatient services re- ceiving state aid must meet the above standards. Departmental personnel familiar with all aspects of mental health treatment shall review each inpatient service at least annually in connection with state funding of county programs. (2) State funding shall be discontinued to any inpatient ser- vice not maintaining an acceptable program in compliance with the above standards after the service has had reasonable notice and opportunity for hearing by the department as provided in ch. 227, Stats. (3) The service will be deemed in compliance with these standards if its governing body can demonstrate progress toward meeting standards to the department; however, all services must be in full compliance with these standards within a maximum of 2 years of the issuance of these rules. History: Cr. Register, December, 1973, No. 216, eff. 1-1-74; renum. from PW- MH 60.63, Register, September, 1982, No. 321, eff. 10-1-82. DHS 61.73 Other community program standards - introduction. The following standards have been developed for community mental health programs receiving state aids, whether directly operated by counties or contracted from private providers. The standards are intended to insure that each mental health program will provide appropriate treatment to restore mentally disordered persons to an optimal level of functioning and, if possible, keep them in the community. History: Cr. Register, March, 1977, No. 255, eff. 4-1-77; renum. from PW-MH 60.64, Register, September, 1982, No. 321, eff. 10-1-82. DHS 61.75 Day treatment program. Day treatment is a basic element of the mental health program providing treatment while the patient is living in the community. Its services shall be closely integrated with other program elements to ensure easy ac- cessibility, effective utilization and coordinated provision of ser- vices to a broad segment of the population. Day treatment pro- vides treatment services for patients with mental or emotional disturbances, who spend only part of the 24 hour period in the services. Day treatment is conducted during day or evening hours. (1) REQUIRED PERSONNEL. (a) Day treatment staff shall in- clude various professionals composing a mental health team. They shall be directly involved in the evaluation of patients for admission to the service, determining plan of treatment and amount of time the patient participates in the service and in eval- uating patients for changes in treatment or discharge. (b) A qualified mental health professional shall be on duty whenever patients are present. (c) A psychiatrist shall be present at least weekly on a sched- uled basis and shall be available on call whenever the day treat- ment service is operating. (d) A social worker shall participate in program planning and implementation. (e) A psychologist shall be available for psychological ser- vices as indicated. (f) A registered nurse and a registered activity therapist shall be on duty to participate in program planning and carry out the appropriate part of the individual treatment plan. (g) Additional personnel may include licensed practical nurses, occupational therapy assistants, other therapists, psychi- atric aides, mental health technicians or other paraprofessionals, educators, sociologists, and others, as applicable. (h) Volunteers may be used in day treatment and programs are encouraged to use the services of volunteers. (2) SERVICES. (a) A day treatment program shall provide ser- vices to meet the treatment needs of its patients on a long or short term basis as needed. The program shall include treatment modalities as indicated by the needs of the individual patient. Goals shall include improvement in interpersonal relationships, problem solving, development of adaptive behaviors and estab- lishment of basic living skills. (b) There shall be a written individual plan of treatment for each patient in the day treatment service. The plan of treatment shall be reviewed no less frequently than monthly. (c) There shall be a written individual current record for each patient in the day treatment service. The record shall include in- dividual goals and the treatment modalities used to achieve these goals. History: Cr. Register, March, 1977, No. 255, eff. 4-1-77; renum. from PW-MH 60.67, Register, September, 1982, No. 321, eff. 10-1-82. DHS 61.76 Rehabilitation program. The community mental health program shall be responsible for the provision of an organized rehabilitation service designed to reduce the residual effects of emotional disturbances and to facilitate the adjustment of individuals with mental illnesses, intellectual disabilities, or emotional disturbances in the community through a variety of re- habilitation services. When possible, these services should be provided in conjunction with similar services for other disabili- ties. A rehabilitation program shall comply with all of the following: (1) REQUIRED PERSONNEL. A person responsible for coordi- nation of rehabilitation services shall be named and all staff shall have qualifications appropriate to their functions. Each such per- son shall have the required educational degree for his or her pro- fession and shall meet all requirements for registration or licen- sure for that position in the state of Wisconsin. (2) PROGRAM OPERATION AND CONTENT. Because of the va- riety of programs and services which are rehabilitative in nature, individual program content is not enumerated. Such facilities as halfway houses, residential care facilities, foster and group homes shall meet all departmental and other applicable state codes. The department of health services shall evaluate each pro- posal for funding of rehabilitation services on the basis of indi- vidual merit, feasibility and consistency with the approved com- munity plan required in s. 51.42, Stats. Applicants for aid under this section must fully describe the rehabilitation service de- signed to meet the particular needs of the residents of their county or counties, taking into consideration existing community resources and services. History: Cr. Register, March, 1977, No. 255, eff. 4-1-77; renum. from PW-MH 60.68, Register, September, 1982, No. 321, eff. 10-1-82; correction in (2) made un- der s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635; CR 20-068: am. (in- tro.) Register December 2021 No. 792, eff. 1-1-22. DHS 61.77 Consultation and education program. Prevention is as important to mental illness as it is to physical ill- ness. Certain facts and relationships between mental illness and environmental factors, individual personal contacts, and human development stages can be the basis for sound primary prevention programs. Education programs designed to increase the under- standing and acceptance of the mentally ill are especially vital as increased numbers of persons receive needed treatment in their own community. Such programs can help prevent the chronicity of recurrence of mental illness. They can bring persons to seek counsel or treatment earlier and help to remove what has been an unacceptable “label” for family, friends, and co-workers. Be- cause consultation and education programs are required elements of community mental health programs, the activities must be as well defined, organized and provided for as those for other pro- Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 17 DEPARTMENT OF HEALTH SERVICES DHS 61.78 gram elements. Mental health staff and time allocations must be made and structured consultation and education programs de- signed and carried out. (1) CONSULTATION REQUIRED PERSONNEL. The mental health coordinator or designee shall be responsible for the consul- tation program. Mental health staff shall respond to individual consultation requests. In addition staff shall actively initiate con- sultation relationships with community service agency staff and human service personnel such as clergy, teachers, police officers and others. (2) CONSULTATION SERVICE CONTENT. (a) No less than 20% of the total mental health program staff time, exclusive of clerical personnel and inpatient staff shall be devoted to consultation. The service shall include: 1. Case-related consultation. 2. Problem-related consultation. 3. Program and administrative consultation. (b) There shall be a planned consultation program using indi- vidual staff skills to provide technical work-related assistance and to advise on mental health programs and principles. The follow- ing human service agencies and individuals shall have priority for the service: 1. Clergy 2. Courts 3. Inpatient services 4. Law enforcement agencies 5. Nursing/transitional homes 6. Physicians 7. Public health nurses 8. Schools 9. Social service agencies (3) EDUCATION REQUIRED PERSONNEL. The qualified educa- tor maintained by the community board shall be responsible for the mental health education program. Refer to this chapter. Men- tal health staff members shall cooperate and assist in designing and carrying out the mental health education program, providing their specialized knowledge on a regular, established basis to a variety of specified activities of the service. In cooperation with the education specialist maintained by the board, additional edu- cation staff may be employed on a full-time or part-time basis. Education services can also be contracted for through the same procedures followed for other service elements contracts. (4) EDUCATION SERVICE CONTENT. No less than 10% of the total mental health program staff time exclusive of clerical per- sonnel and inpatient staff shall be devoted to education. The ser- vice shall include: (a) Public education. (b) Continuing education. 1. Inservice training. 2. Staff development. (5) EDUCATION PROGRAM. There shall be a planned program of public education designed primarily to prevent mental illness and to foster understanding and acceptance of the mentally ill. A variety of adult education methods shall be used including insti- tutes, workshops, projects, classes and community development for human services agencies, individuals and for organized law groups and also the public information techniques for the general public. There shall be a planned program of continuing educa- tion using a variety of adult education methods and available edu- cational offerings of universities, professional associations, etc. for agency staff and related care-giving staff. History: Cr. Register, March, 1977, No. 255, eff. 4-1-77; renum. from PW-MH 60.69, Register, September, 1982, No. 321, eff. 10-1-82; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474. DHS 61.78 Additional requirements for programs serving children and adolescents - introduction and personnel. (1) INTRODUCTION. The following standards have been developed for community mental health services for chil- dren and adolescents. Except for the substitution of minimal hourly requirements, these standards are intended to be in addi- tion to ss. DHS 61.70 through 61.77 and are consistent with those stated in Standards for Psychiatric Facilities Serving Children and Adolescents, published by the American Psychiatric Associ- ation; and the Joint Commission on Accreditation of Hospitals. Planning psychiatric facilities and services for children and ado- lescents is difficult and complex. These standards are intended to insure a continuity of care notwithstanding the complexities in- volved. To accomplish this each service must: (a) Consider the children and adolescents’ development needs as well as the demands of the illness; (b) Have cognizance of the vital meaning to children and ado- lescents that group and peer relationships provide; (c) Recognize the central importance of cognitive issues and educational experiences; (d) Recognize the children and adolescents’ relative depen- dence on adults; (e) Place some importance on the children and adolescents re- ceiving repeated recognition for accomplishments; (f) Provide an individualized treatment program by so struc- turing the environment to allow for optimal maturational, emo- tional and chronological growth. (2) PERSONNEL REQUIREMENTS. The following personnel re- quirements are relevant only to children and adolescents’ services and are applicable for each program. These requirements are in addition to the personnel qualifications listed in the General Pro- visions of Standards for Community Mental Health, Develop- mental Disabilities, and Alcoholism and Other Drug Abuse Ser- vices, ss. DHS 61.01 to 61.24. (a) Psychiatry. Special effort shall be made to procure the services of a child psychiatrist who is licensed to practice medicine in the state of Wisconsin and is either board eligible or certified in child psychiatry by the American board of psychiatry and neurology. If a child psychiatrist is unobtainable, special ef- fort shall be made to procure a psychiatrist who has had a mini- mum of 2 years clinical experience working with children and adolescents. (b) Nursing service. 1. Registered nurses and licensed practi- cal nurses. Special effort shall be made to procure the services of registered nurses and practical nurses who have had training in psychiatric nursing. A portion of this training shall have been with emotionally disturbed children and adolescents. 2. Aides, child care workers and other paraprofessionals. Each service shall make a special effort to recruit the aides, child care workers and paraprofessionals who have the following background. a. College or university credit or non-credit courses related to child care. b. Vocational courses planned for child development. c. High school diploma and experience in children or adoles- cents’ related activities. (c) Activity therapy. Each program, excluding outpatient, shall provide at least one full-time activity therapist. In addition Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. DHS 61.78 WISCONSIN ADMINISTRATIVE CODE 18 to having formal training in children and adolescents’ growth and development, preference shall be given to those professionals who have had clinical training or professional experience with emotionally disturbed children and adolescents. (d) Social service. The social worker shall have had 2 years experience working with children and adolescents. (e) Psychological service. Each service shall employ or con- tract for the service of a clinical psychologist who shall have the appropriate experience in the area of children and adolescents. Providers of psychological services who do not meet these re- quirements shall be supervised by a qualified psychologist. (f) Educational service. Each child and adolescent service shall have associated with that service at least one teacher either employed by the service or by a local educational agency. (g) In-service. All personnel shall participate in a docu- mented in-service education program at a minimum of 48 hours per year, relating to areas of mental health concepts of children and adolescents. History: Cr. Register, March, 1977, No. 255, eff. 4-1-77; am. (2) (c), Register, March, 1979, No. 279, eff. 4-1-79; renum. from PW-MH 60.70 and am. (1) (intro.) and (2) (intro.), Register, September, 1982, No. 321, eff. 10-1-82. DHS 61.79 Children and adolescent inpatient pro- gram. The following personnel requirements are minimum. There is no intention to restrict new programs to these minimal staffing patterns. Existing treatment programs which exceed these requirements may not be reduced without extensive and thorough review and a clear realization of what services would be lost by reduction. (1) REQUIRED PERSONNEL. (a) Psychiatry. Each child and adolescent mental health inpatient service shall provide a mini- mum of 1.4 hours a week psychiatric treatment time per patient under care. Additional psychiatrists, as needed, shall be available for inpatient visits in order to carry out an adequate treatment program. For emergency purposes a psychiatrist will be on call 24 hours a day each day the facility is in operation. A psychiatrist shall be readily accessible by telephone and ideally, be able to reach the facility within one hour of being called. (b) Nursing service. 1. The following schedule of licensed nursing coverage is minimal. Day Shift Evening Shift Night Shift* (see below) .64 hrs/pat/day or .64 .32 4.48 hrs/pat/wk 4.48 2.24 * If child and adolescent service is part of an adult hospital with adjacent units, nursing service could be shared with other services on night shift Such nursing coverage should be documented in total nursing schedule for child and adolescent unit. 2. Aides, child care workers and other paraprofessionals. Child care workers are primarily responsible for day-to-day living experiences of the children. They also carry out assigned aspects of the treatment program under the direction and supervision of designated treatment staff. Each service shall employ a sufficient number of aides, child care workers and paraprofessionals to pro- vide the following minimal care: Day Shift Children (0-12) Evening Shift Night Shift .98 hrs/pat/day or 1.28 .64 6.86 hrs/pat/wk 8.96 4.48 Day Shift Adolescent (over 12) Evening Shift Night Shift .80 hrs/pat/day or 1.10 .40 5.60 hrs/pat/wk 7.70 2.80 (c) Activity therapy. The inpatient service shall maintain a ra- tio of 1.6 hours of activity therapy staff time per patient per week. Additional therapists may be employed as needed. In addition sufficient free time for unstructured but supervised play or activ- ity will be provided. (d) Social service. Each service shall employ at least one full time social worker and provide for a minimum of 1.6 hours per week per patient under care. (e) Psychological service. Each service must provide a mini- mum of one hour per week of psychology time for each patient under care. (f) Educational service. Each mental health inpatient service for children and adolescents is responsible for providing or ar- ranging for special educational programs to meet the needs of all patients being served in the facility. If the service provides its own school program, 4.8 hours per patient per week of teacher time is considered minimal care. (g) Vocational service. If indicated by patient need each inpa- tient service shall make available a vocational program to each adolescent 14 years of age and older according to the individual patient’s age, developmental level and clinical status. This pro- gram will be under the auspices of a vocational counselor and is to be carried out in conjunction with, and not in place of the school program. Vocational counseling and training shall be a minimum of 1.3 hours per patient per week, if the service oper- ates its own school program and .8 hour per patient per week, if the facility uses public or other schools. (h) Speech and language therapy. Each mental health inpa- tient service shall provide one hour per patient per week minimal care of speech and language therapist time for children and ado- lescents diagnosed as requiring such therapy. (i) Add-on factor. To account for vacation time, sick leave or other absences to which employees may be entitled, the applica- tion of a “post shift” factor of 1.59 should be calculated for treat- ment posts staffed 7 days a week and 1.13 for those staffed 5 days a week. In addition, a 20% factor should be used to account for patient charting, planning and other non-face to face care which is required to maintain the program. Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 19 DEPARTMENT OF HEALTH SERVICES DHS 61.80 Example of calculation for a 10 bed unit: Nursing-RNs (7 day week) 1.28 hrs. per day per standard X 10 patients (2 shifts) = 12.8 hrs. ÷ 8 hrs. per day per staff = 1.6 staff posts X 20% 1.6 = .32 + .32 = 1.92 1.92 X 1.59 post shift factor for ___ 365 day coverage = 3.05 positions Psychiatry-Psychiatrists (5 day week) 1.4 hrs. per week per standard X 10 patients = 14 hrs. ÷ 40 hrs. per week per staff = .35 staff posts X 20% .35 = .07 + .07 = .42 .42 X 1.13 post shift factor = .4746 or .48 positions (2) PROGRAM OPERATION AND CONTENT. (a) General con- sideration. Children and adolescents shall be accepted for other than emergency inpatient treatment only if the child or adolescent requires treatment of a comprehensive and intensive nature and is likely to benefit from the program the inpatient facility has to of- fer or outpatient alternatives for treatment are not available. No child or adolescent shall be admitted to any inpatient facility more than 60 miles from home without permission of the depart- ment. Each inpatient service shall specify in writing its policies and procedures, including intake and admission procedures, cur- rent costs, the diagnostic, treatment and preventive services it of- fers and the manner in which these are regularly conducted. In- take and admission procedures must be designed and conducted to ensure as far as possible a feeling of trust on the part of the child and family. In preparation for admission, the diagnosis and evaluation as well as the development of the treatment plan shall take into consideration the age, life experience, life styles, indi- vidual needs and personality, clinical condition, special circum- stances necessitating admission and special problems presented by the patient and family. Complete assessment shall include clinical consideration of each of the fundamental needs of the pa- tient; physical, psychological, chronological and developmental level, family, education, social, environmental and recreational. In addition to establishing a diagnosis and carrying out treatment, each service must also make provision for the diagnosis and treat- ment of any concurrent or associated illness, injury, or disability. When treatment is to be concluded, the responsible agency will plan with the child, parents and other significant persons or com- munity agencies to ensure an environment that will encourage continuing growth and development. (b) Family participation. Mental health inpatient service shall involve the family’s participation. Information about the patient’s home experiences will be obtained and the family shall be informed of the patient’s problems, progress and experiences in the facility. Information regarding contacts with parents shall be made part of the clinical record. There shall be appropriate educational programs for families designed to enhance their un- derstanding of the goals of the facility and to help them feel wel- come as active and participating partners. Participation for fami- lies should be scheduled at times when they can reasonably be ex- pected to attend. Family therapy can be included at the discretion of the therapist. (c) Special education program. Each inpatient service is re- sponsible to see that all patients shall be helped to secure a formal education. There shall be flexibility in the special education pro- gram and each program shall be tailored to each individual in or- der to maximize potential growth. (d) Vocational program. If appropriate, plans for work expe- rience shall be developed as part of the overall treatment plan for each adolescent, 14 years of age and older. In planning such ex- periences, the vocational counselor shall consider the individ- ual’s aptitudes and abilities, interests, sensorimotor coordination, and self and vocational perception. When appropriate, work ex- periences shall be utilized to promote structured activity, provide opportunities for accomplishment, increase the patient’s self-con- fidence and self-esteem, and provide vocational training and preparation. (e) Activity therapy. Appropriate programs of activity therapy and social activities shall be provided for all patients for daytime, evenings and weekends, (emphasis on latter 2), to meet the needs of the patient and the goals of the program. Programs shall be structured to reflect patterns and conditions of everyday life. These programs shall be planned to aid the patients in exploring the nature of their individuality and creativity, in motor, cognitive and social skills, and integrating these into a positive sense of self and to meet therapeutic goals as described. History: Cr. Register, March, 1977, No. 255, eff. 4-1-77; renum. from PW-MH 60.71, Register, September, 1982, No. 321 , eff. 10-1-82; CR 20-068: am. (2) (a) Register December 2021 No. 792, eff. 1-1-22. DHS 61.80 Children and adolescent outpatient pro- gram. (1) REQUIRED PERSONNEL. Of the treatment personnel required for any out-patient service, a minimum of 30% staff time must be devoted to children and adolescents services. If qualified children and adolescents mental health professionals are not available on a full or part-time basis, arrangements shall be made to obtain their services on a consulting basis. The staffing patterns of the facility shall be adequate for the provision of high quality of care and shall be appropriate in relationship to: characteristics of patient population; the hours and days the facil- ity operates; chronological and developmental ages of patients; assessment, therapeutic and follow-up programs; intensity and kinds of treatment; nature of disorders, amount of work done with families and significant others; geographic characteristics of territory to be covered; community education and consultation programs; amount of training and research done by facility. (2) PROGRAM OPERATION AND CONTENT. (a) Accessibility. Outpatient services insofar as possible should be scheduled at times that are reasonably convenient to the patients and families served, in relation to the availability of transportation and consid- ering work or school requirements. The outpatient service shall make provision for walk-in clients, provide for home visits, if clinically indicated, offer clinical consultation to clients in day care services, head start programs, schools, youth centers, jails, alternate care facilities and other community programs. An ap- pointment system that serves to minimize waiting time, in addi- tion to a system for follow-up of broken appointments, should be established. Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. DHS 61.80 WISCONSIN ADMINISTRATIVE CODE 20 (b) Program content. 1. The patient shall participate in the intake process and in the decision that outpatient treatment is in- dicated to the extent appropriate to age, maturity and clinical con- dition. The patient’s family, wherever possible, shall have ex- plained to them the nature and goals of the outpatient treatment program and their expected participation and responsibilities. In- sofar as possible, the family shall be informed and involved ap- propriately in decisions affecting the patient during intake treat- ment, discharge and follow-up. 2. The psychiatric outpatient service shall document about each patient: responsibility for financial support, arrangements for appropriate family participation in the treatment program when indicated; authorization and consent for emergency medi- cal care if the patient becomes ill or has an accident while in treatment and the family cannot be reached; arrangements for transportation to and from the facility; and authorization if the patient is to go to other community areas, facilities or events as part of the outpatient program; releases for sharing of confiden- tial materials when necessary; appropriate consents for participa- tion in research programs. 3. Assessment shall include clinical consideration of the physical, psychological, development, chronological age, envi- ronmental, family, social, educational and recreational factors re- lated to the child and adolescent. 4. The relationship between any adult, who has current and/or continuing responsibility for the child’s and adolescent’s life, and the patient shall be carefully evaluated at regular intervals. History: Cr. Register, March, 1977, No. 255, eff. 4-1-77; renum. from PW-MH 60.72, Register, September, 1982, No. 321, eff. 10-1-82. Subchapter V — Outpatient Psychotherapy Clinic Standards DHS 61.95 Procedures for approval. Outpatient psy- chotherapy clinics are certified by the department under the stan- dards set forth in ch. DHS 35. History: Cr. Register, May, 1981, No. 305, eff. 6-1-81; r. and recr. (4), Register, October, 1985, No. 358, eff. 11-1-85; CR 06-080: r. and recr. Register May 2009 No. 641, eff. 6-1-09. DHS 61.96 Required personnel. Qualifications for a mental health professional in an outpatient psychotherapy clinic are set forth in ch. DHS 35. History: Cr. Register, May, 1981, No. 305, eff. 6-1-81; am. (1) and (3), cr. (4), Register, September, 1982, No. 321, eff. 10-1-82; am. (1) (b), (2) and (3), Register, April, 1984, No. 340 , eff. 5-1-84; CR 06-080: r. and recr. Register May 2009 No. 641, eff. 6-1-09. Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register February 2026 No. 842