Wis. Admin. Code Department of Health Services DHS 98.10 - Client complaint process

(1) PURPOSE. The department shall afford clients an opportunity for administrative review of certain types of decisions through the client complaint process.

(2) OBJECTIVES. The objectives of the client complaint process are:

(a) To allow clients to raise questions in an orderly fashion regarding decisions affecting their supervision;

(b) To encourage communication and cooperation between clients and staff; and

(c) To resolve problems that arise under supervision in an orderly and uniform fashion.

(3) SCOPE. The client complaint process may be used by any client to obtain a review of a decision which affects the client personally.

(4) EXCEPTIONS. The client complaint process may be used to challenge any decision affecting a client except those concerning:

(a) Revocation;

(b) Custody and detention;

(c) A violation of a criminal law or ordinance;

(d) A denial of use or possession of firearms pursuant to the federal gun control act of 1968, 18 USC 921 to 928 and s. 941.29, Stats.;

(e) Special conditions or terms of supervision imposed by a court; or

(f) Discharge prior to the completion of the term of supervision.

(5) FILING A COMPLAINT.

(a) A client may initiate a review of a decision by filing a complaint with the agent.

(b) The agent shall attempt to informally resolve the complaint. Any resolution agreed to by the agent and the client shall be documented in the client's record.

(c) If the complaint is not resolved as provided under par. (b), the client may file a written request for review directed to the agent's supervisor.

(d) A written request for review shall be filed with the supervisor within 5 working days of the decision giving rise to the complaint, except that a supervisor may for good cause accept a complaint after that time.

(6) SUPERVISOR'S INVESTIGATION AND DECISION.

(a) Upon receipt of a written request for review, the supervisor shall notify the agent of its receipt. The agent shall be given an opportunity to respond to the complaint in writing within 5 working days of notice to the agent.

(b) The supervisor shall review the complaint and agent's response and may interview the client and others to investigate the complaint within 10 working days of receipt of the complaint.

(c) Within 5 working days after the supervisor's investigation is completed, the supervisor shall issue a written decision, stating the reasons for it. Copies of the decision shall be sent to the client and the agent.

(d) If no decision is issued, the client may appeal under sub. (7).

(7) APPEAL OF SUPERVISOR'S DECISION.

(a) The client or agent may appeal the supervisor's decision in writing within 5 working days to the regional chief, stating the reasons for the appeal and requesting further review.

(b) The regional chief shall review the client's complaint and the supervisor's decision and may investigate the complaint and issue a written decision stating the reasons for it within 10 working days of receipt of the appeal. Copies of the decision shall be sent to the client, the client's agent, and supervisor.

(8) APPEAL OF THE REGIONAL CHIEF'S DECISION.

(a) If the client, agent or supervisor disagrees with the decision of the regional chief, he or she may within 5 working days of receipt of the decision, appeal in writing to the administrator of the department of corrections, division of probation and parole.

(b) The administrator of the department of corrections, division of probation and parole, shall review all relevant written material, including the client's complaint and the supervisor's and regional chief's decisions, and shall issue a written decision stating the reasons for it within 10 working days of receipt of the appeal. The client, agent, supervisor and regional chief shall be sent copies of the decision. If the administrator is unable to decide within 10 working days, he or she shall notify the parties of this and of the reason for it. In this case a decision shall be rendered within 10 working days of that notification. If the administrator fails to decide, the regional chief's decision shall be final.

(c) The administrator of the department of corrections, division of probation and parole's decision regarding the complaint shall be final.

(d) A copy of the final decision in a complaint will be forwarded to the administrator of the division of care and treatment facilities.

(9) EFFECT OF APPEAL ON DISPUTED DECISION. During the period required under this section to investigate any complaint or review any decision, the affected parties shall comply with the decision under dispute.

(10) EXPEDITED APPEAL. If resolution of a complaint under the periods of time provided for under this section would moot the complaint, the complaint process shall be expedited.

(11) PENALTY. No penalty to a client may result from the mere filing of a complaint by the client.

Notes

Wis. Admin. Code Department of Health Services DHS 98.10

Cr. Register, July, 1992, No. 439, eff. 8-1-92.