Community Grievance Decision Digest

POSSESSIONS, LIMITS ON

The decision summaries regarding this law may be found in the document:
Community Grievance Decision Digest: Decisions. (PDF, 512KB)

THE LAW:

Each patient shall..."Be permitted to use ... his or her own ... personal articles..."

ss. 51.61(1)(q), Wis. Stats. [Emphasis added.]

"Inpatients shall be allowed to provide their own room decorations except that a facility may restrict this right for documented security or safety reasons.  Facilities may adopt policies restricting the areas where patients may display sexually explicit or patently offensive room decorations and may prohibit gang-related room decorations."

DHS 94.24(2)(j), Wis. Admin. Code [Emphasis added.]

"Inpatients may not be prevented from acquiring, at their own expense, printed material, a television, a radio, recordings or movies, except for documented security or safety reasons."

DHS 94.24(3)(c), Wis. Admin. Code [Emphasis added.]

"Each inpatient shall have reasonable access to his or her own musical instruments and to art and writing supplies, along with reasonable access to appropriate space and supervision for the use of the instruments and supplies, except for documented security or safety reasons."

DHS 94.24(3)(d), Wis. Admin. Code [Emphasis added.]

[NOTE: This right may be denied for cause under Sec. 51.61(2), Stats. See Client Rights Limitation or Denial (CRLD). See also Clothing for case precedents on those specific types of possessions.]

DECISIONS:

[None at this time.]

Last Updated: June 18, 2009