Section DCF 52.415 - Promoting normalcy(1) SIMILAR TO PEERS. A residential care center shall promote normalcy and the healthy development of a resident by supporting the resident's right to participate in extracurricular, enrichment, cultural, and social activities and have experiences that are similar to peers of the same age, maturity, or development.(2) RPPS DECISION MAKER. (a) A residential care center shall ensure the presence on-site of at least one RPPS decision maker at all times to make decisions regarding the participation of a resident in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities.(b) An RPPS decision maker may be a licensee, authorized representative of the licensee, or any staff person specified in s. DCF 52.12(1) (a) 1. to 5.(c) An RPPS decision maker shall have knowledge of a resident and access to the resident's treatment plan and other resident case records under s. DCF 52.49 related to the decision-making factors in sub. (4).(d) An RPPS decision maker shall document in the communication log under s. DCF 52.41(1m) decisions made under this section for activities that do not take place in the residential care center and are not supervised by a staff person.(e) An RPPS decision maker shall document on a form prescribed by the department any decision made under this section that requires written permission from the center in lieu of the resident's parent or guardian. The completed form shall be placed in the resident's case record under s. DCF 52.49(2) (b). Note: DCF-F-5124-E, Reasonable and Prudent Parent Decision Record, is available in the forms section of the department website at http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.
(3) REASONABLE AND PRUDENT PARENT STANDARD. When an RPPS decision maker is making a decision regarding a resident's participation in activities, the RPPS decision maker shall use a decision-making standard that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the resident while at the same time encouraging the emotional and developmental growth of the resident, if the activities meet the conditions in pars. (a) and (b) as follows: (a)Areas covered by the standard. The resident is participating or wants to participate in extracurricular, enrichment, cultural, or social activities, including all of the following. 1. Activities related to transportation, such as obtaining a driver's license, driving, or carpooling with peers and other adults.2. Formal or informal employment and related activities, such as opening an account in a bank or credit union.3. Activities related to peer relationships, such as visiting with friends, staying overnight at a friend's house, or dating.4. Activities related to personal expression, such as haircuts; hair dying; clothing choices; or sources of entertainment, including games and music.(b)Age or developmentally appropriate activities. The resident is participating or wants to participate in activities that are suitable based on any of the following criteria: 1. Activities that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical, and behavioral capacities that are typical for children of the same age or age group.2. Activities that are suitable based on this resident's cognitive, emotional, physical, and behavioral capacities. Note: The reasonable and prudent parent standard does not apply to a child receiving respite care services.
(4) DECISION-MAKING FACTORS. When applying the reasonable and prudent parent standard to a decision regarding a resident's participation in an extracurricular, enrichment, cultural, or social activity, an RPPS decision maker shall consider all of the following: (a) Child-specific factors, including all of the following:1. The resident's treatment plan.2. The resident's wishes, as gathered by engaging the resident in an age-appropriate discussion about participation in the activity.3. The age, maturity, and development of the resident.4. Whether participating in the activity is in the best interest of the resident.5. The resident's behavioral history.6. Court orders and other legal considerations affecting the resident, including the prohibitions in sub. (5).7. Cultural, religious, and tribal values of the resident and the resident's family. If the resident and the resident's family have different cultural, religious, or tribal values, then the placing agency, or the department if the department is the resident's guardian, is ultimately responsible for decisions concerning the resident's care.(b) Activity-specific factors, including all of the following: 1. Potential risk factors of the situation, including whether the resident has the necessary training and safety equipment to safely participate in the activity under consideration.2. How the activity will help the resident grow.3. Whether participating in the activity will provide experiences that are similar to the experiences of other residents of the same age, maturity, or development.4. Other information regarding the parent's or guardian's wishes and values, as obtained during the development and review of the resident's treatment plan under s. DCF 52.22(1) and (3) and other discussions with the resident's parent or guardian.(c) Any other concerns regarding the safety of the resident, other residents in the residential care center, or the community.(d) Information on the forms required under ch. DCF 37. Note: The forms required under ch. DCF 37 are DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A and DCF-F-872B-E, Information for Out-of-Home Care Providers, Part B. Both forms are available in the forms section of the department website at http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.
(5) PROHIBITIONS. An RPPS decision maker may not do any of the following: (a) Permit a resident to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.(b) Make a decision that conflicts with the resident's permanency plan or family interaction plan.(c) Consent to the resident's marriage.(d) Authorize the resident's enlistment in the U.S. armed forces.(e) Authorize medical, psychiatric, or surgical treatment for the resident beyond the terms of the consent for medical services authorized by the resident's parent or guardian.(f) Represent the resident in a legal action or make a decision of substantial legal significance.(g) Determine which school the resident attends or make a decision for the resident regarding an educational right or requirement that is provided in federal or state law. Note: For example, only a parent or guardian can make decisions about a resident's individualized educational program under s. 115.787, Stats.
(h) Require or prohibit a resident's participation in an age or developmentally appropriate activity solely for convenience or a personal reason not applicable to the decision-making factors in sub. (4).Wis. Admin. Code Department of Children and Families DCF 52.415
Adopted by, EmR1633: emerg. cr., eff. 11-18-16: CR 16-051: cr. Register July 2017 No. 739, eff. 8/1/2017