State of Wisconsin
Department of Children and Families
Supporting Normalcy for Children in Out-of-Home Care
DCF
52,
54,
56, 57, and 59
Emergency Rule
The Wisconsin Department of Children and Families
orders the
repeal
of
ss.
DCF 56.05 (1) (b) 1.
(
note
),
56.08 (6) (b)
,
57.23 (2) (a) 13.
(note), and
57.38 (1) (g)
(note)
;
the
renumber
ing
of
ss.
DCF 54.02 (3m)
,
57.04 (1)
,
59.02 (1)
, and
59.08
; the
renumber
ing
and amend
ment
of
s.
DCF 52.22 (2) (a)
;
the
amend
ment of
ss.
DCF 52.41 (1) (intro.)
,
52.62 (8) (b)
,
56.02 (2) (a) 1.
,
56.02 (17)
,
56.05 (1) (a) 3.
,
56.08 (4) (a)
,
(5) (c) 1.
, and
(6) (a)
,
56.09 (2) (e)
,
56.14 (6) (a) 3.
,
57.23 (2) (title)
and
(a) (intro.)
,
and
57.58 (2)
;
the
repeal and recreat
ion
of
ss.
52.22 (3) (b)
,
56.08 (5) (c) 2.
,
57.23
(1)
, and
(2) (a) 13.
and
(b)
,
57.38 (1) (
g)
, and
59.07 (1) (a)
; and
the
creat
ion
of
ss.
DCF
52.03 (1)
,
(5m)
,
(16m)
,
(21g)
,
(
22m
)
, and
(23m)
,
52.12 (5) (gm)
and
(10) (a) 12.
,
52.22 (2) (ag)
and
(3) (
bm
)
,
52.41 (1) (d)
,
(1) (d)
,
and
(1m)
,
52.415
,
52.49 (2) (b) 1.
dm.
,
54.02 (3m) (a)
(title)
,
and
(b)
,
54.04 (1) (h)
,
56.03 (1d)
(11r)
,
(
27r
)
, and
(34m)
,
56.05 (1)
(a) 1.
,
(b) 1. p.
,
and
(c) 1. o.
,
56.08 (4) (a)
(note)
,
56.09 (2m)
and
(11) (a)
10.
,
56.12 (1) (h)
,
56.13 (7) (e) 1.
g
.
and
h.
and
3.
,
56.15 (1) (a) 8.
to
12.
,
56
.16 (1) (m)
,
(n)
,
56.17 (2) (b) 3. g.
,
57.04 (1)
,
(13m)
,
(25m)
,
(
32m
)
, and
(
37m
)
,
57.05
(
2) (p)
4.
,
(q)
,
57.16 (4m)
,
57.17 (2) (L)
,
57.2
15
,
57.23 (2) (a) 14.
and
(am)
,
57.245
,
59.02 (1)
,
(4c)
,
(6m)
,
(9g)
, and
(
10m
)
,
59.04 (3m)
and
(6) (
bm
)
,
59.055
,
59.057
,
59.08 (1) (
title)
, and
59.08 (2)
, relating to supporting normalcy for children in out-of-home care.
This emergency rule w
as approved by the governor on November 14
, 2016
The statement of scope for this rule, SS
039-16
, was app
roved by the governor on May 19
, 2016,
published in
Register 725A
, on May 23
, 2016, and approved by Secret
ary Eloise Anderson on June 10
, 2016.
Finding of Emergency
Effective October 1, 2016,
2015 Wisconsin Act 378
requires the use of a standardized assessment tool approved by the department to conduct an investigation of an applicant for
approval of a placement for
adoption, recognition of a foreign adoption, and issuance of a license to operate a foster home.
An emergency rule is necessary to
comply
with this requirement
as soon as possible
and incorporate related procedures into the
licensing rules for
foster care and chil
d-placing agencies
.
Analysis Prepared by the Department of Children and Families
Explanation of Agency Authority
Sections
48.383 (1)
, and
938.383 (1)
, Stats., as created by
2015 Wisconsin Act 128
, require
out-of-home care providers to use the “reasonable and prudent parent standard” in making decisions concerning a child’s or juvenile’s participation in “age or
developmentally appropriate” extracurricular, enrichment, cultural, and social activities. In making decisions using the
reasonable and prudent parent standard, an out-of-home care provider shall consider the restrictiveness of the child’s placement and whether the child has the necessary training and safety equipment to safely participate in the activity under consideration and may not make any decision that is in violation of any court order or any
federal or state
law, rule, or regulation.
Sections
48.383 (2)
and
938.383 (2)
, Stats., as created by
2015 Wisconsin Act 128
,
provide
that the information that a placing agency is required to provide to an out-of-home care provider at the time of placement include child-specific or juvenile-specific information that the provider must
consider in making reasonable and prudent parenting decisions concerning the child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities.
In preparing that information or any revisions of that information, the agency shall do all of the following:
•
If
reasonably possible to do so, consult with the child’s parent concerning the child’s participation in extracurricular, enrichment, cultural, and social activities and the child’s cultural, religious, and tribal values and advise the parent that those values will be considered, but will not necessarily be the determining factor, in making decisions concerning the child’s participation in those activities.
•
Consult
with the child in an age-appropriate manner about the opportunities of the child to participate in age or developmentally appropriate activities.
The placing agency shall explain to the out-of-home care provider the parameters of the considerations that the out-of-home care provider is required to take into account when making decisions concerning the child’s or juvenile’s participation in age or developmentally appropriate
extracurricular, enrichment, cultural, and social activities. In explaining those parameters, the agency shall explain the considerations and prohibitions
and shall advise the out-of-home care provider that in case of any disagreement over the application of the reasonable and prudent parent standard, the agency having placement and care responsibility for the child is ultimately responsible for decisions concerning the care of the child.
Sections
48.02 (14r)
and
938.02 (14r)
, Stats., as created by
2015 Wisconsin Act 128
, define the “reasonable and prudent parent standard” as a standard for an out-of-home care provider to use when making decisions concerning a child’s or juvenile’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the child or juvenile while at the same time encouraging the emotional and developmental growth of the child or juvenile.
Sections
48.02
(1dm)
and
938.02 (1g)
, Stats.,
as created by
2015 Wisconsin Act 128
,
define
“age or developmentally appropriate activities” as activities that are generally accepted as suitable for children or juveniles of a given chronological age or level of maturity or that are determined to be developmentally appropriate for a child or juvenile based on the cognitive, emotional, physical, and behavioral capacities that are typical for children or juveniles of a given age or age group or, in the case of a specific child or juvenile, activities that are suitable for the child or juvenile based on the cognitive, emotional, physical, and behavioral capacities of that child or juvenile.
Section
48.67
(4)
(a) 1m.
, Stats., as created by
2015 Wisconsin Act 128
, directs the department to promulgate rules that require all foster parents to successfully complete training on the use of the reasonable and prudent parent standard in making decisions about a child’s participation in age or developmentally appropriate activities, including all of the following:
•
The
stages in the development of
c
ognitive, emotional, physical, and behavioral capacities of children.
•
Applying
the
reasonable and prudent parent
standard in making decisions on all of the following:
•
A child’s participation in extracurricular, enrichment, cultural, or social activities, such as sports, field trips, overnight, and other recreational activities.
•
The
signing of permission slips and the arrangement of transportation to and from those activities.
•
The
child’s choices with respect to transportation, employment, peer relationships, and personal expression.
Those rules shall require a foster parent who has received that training to make reasonable and prudent parenting decisions in accordance with the reasonable and prudent parent standard.
Section
48.67
(5)
, Stats., as created by
2015 Wisconsin Act 128
,
directs the department to promulgate
rules that require all residential care centers for children and youth, all group homes, and all shelter care facilities to designate an on-site staff member to make decisions concerning the participation of a child placed in the center, group home, or shelter care facility in age or developmentally appropriate activities. The designated staff member will be required to successfully complete the training described in s.
48.67 (4) (a) 1m.
, Stats. Those rules shall require
the trained
staff member to make reasonable and prudent parenting decisions in accordance with the reasonable and prudent parent standard.
Section
48.75 (3)
, Stats., as created by
2015 Wisconsin Act
378
, provides that before a child welfare agency or public licensing agency issues a license to operate a foster home, the agency shall require that each foster parent receive a favorable report following an investigation that is conducted in the same manner as the investigation under s.
48.88 (2) (
aj
)
, Stats., as created by
2015 Wisconsin Act
378
, is conducted.
•
In determining whether the petitioner’s home is suitable for the child, the agency or tribal child welfare department making the investigation shall consider whether the petitioner is fit and qualified to care
for the child, exercises sound judgment, does not abuse alcohol or drugs, and displays the capacity to successfully nurture the child.
•
The
investigation shall be conducted using an assessment system that is approved by the department. The assessment system shall provide a reliable, comprehensive, and standardized qualitative evaluation of a petitioner’s personal characteristics, civil and criminal history, age, health, financial stability, and ability to responsibly meet all requirements of the department.
•
If the agency or tribal child welfare department making the investigation has special concern as to the welfare of the child or the suitability of the placement, the investigation may include a clinical assessment of the petitioner’s mental health or alcohol or other drug use by an employee of the agency or tribal child welfare department who is not employed in the unit of the agency or tribal child welfare department that is making the investigation or by a person who is not employed by that agency or tribal child welfare department. A person who provides such an assessment shall be a licensed psychologist, licensed psychiatrist, certified advanced practice social worker, certified independent social worker, licensed clinical social worker, or licensed professional counselor.
Summary of the
Emergency
Rule
s
Reasonable and Prudent Parent Standard
The rule-making order implement
s
the requirement in ss.
48.
383
and
938.
383
, Stats., as created by
2015 Wisconsin Act 128
, that
out-of-home care providers use the reasonable and prudent parent standard
when making decisions
regarding
the
participation
by a child placed in the provider’s home or facility
in
age or
developmentally appropriate
extracurricular, enrichment, cultural, and social activities.
The rule-making order incorporates this requirement into the licensing rules for residential care centers, foster homes, group homes, and shelter care facilities.
The
reasonable and prudent parent standard
is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the child while at the same time encouraging the emotional and developmental growth of the child.
The rule-making order
requires
an
out-of-home care provider
to consider
decision-making factors
specified
in the rule to ensure that the provider is making an in
formed decision that complies with the requirements of the standard.
The child-specific factors
to be considered
when making a
reasonable and prudent parenting
decision
are the
child’s
wishes, as gathered by engaging the
child
in age-appropriate discussions about participation in the activity
; the
age, maturity, and de
velopment of the
child; whether
participating in the activity is i
n the best interest of the child; the child’s
behavioral history
; c
ourt orders and other legal consideration
s affecting the child; and c
ultural, religious, and tribal values of the
child and the child’s family.
The licensing rules for residential care centers and group homes also require the provider to consider the child’s treatment plan.
The a
ctivity-specific factors
to be considered
when making a decision
are the p
otential risk factors of the situation
, including whether the child has the necessary training and safety equipment to safely participate in the activity under consideration
; h
ow the activity will help the child grow
; w
hether participating in the activity will provide experiences that are similar to the experiences of
other c
hildren
in the home or facility; o
ther information
regarding the parent’s
or guardian’s
wishes and
values
; a
ny other
concerns
regarding the safety of
th
e child,
other children
in the
home or
facility
, or
the community
; and i
nformation on the forms required under
ch.
DCF 37
.
The placing agency provides the forms required under
ch.
DCF 37
to residential care centers, foster parents, group homes, and shelter care facilities at or near the time of the child’s placement. The forms include information on
the child’s
skills, needs, and
activities.
The requirement to use
the form
s
for children placed in facilities other than foster homes became effective July 1, 2016.
Residential care centers and group homes are also required to incorporate the information on the forms into the child’s treatment plan.
An out-of-home care provider
may not
use the reasonable and prudent standard to
p
ermit
a
child
to participate in an activity that would
violate
a
court order or any
federal or state
statute, rule, or regulation; m
ake decisions that conflict with the
child
’s permanency plan
or family interaction plan; c
onsent to the
child
’s marriage
; a
uthorize the
child
’s enlistment in the U.S. armed forces
; a
uthorize medical, psychiatric, or surgical treatment for the
child
beyond the
terms of the
consent for medical services
authorized by the child’s parent or guardian
; r
epresent the
child
in legal actions or make other decisions of substantial legal significance
; d
etermine which school the child attends or make decisions concerning the child regarding an educational right or requirement that is provided in federal or state law
; r
equire or p
rohibit a
child
’s participation in
an
age or developmentally appropriate
activity solely for convenience
or
, in the
foster care rules, based on the foster parent’s values and, in the facility
rules, for
personal reasons not applicable to the decision-making factors
in the rules
.
An out-of-home care provider is required to complete training on the application of the reasonable and prudent parent standard p
rior to making
reasonable and prudent parenting decisions.
Residential care centers, group homes, and shelter care facilities are required to
designate a
person to make reasonable prudent parenting decisions and to have at least one decision maker present on-site at all times. The rules define this person as an “RPPS decision maker.” An RPPS decision maker may be a licensee, authorized representative of the licensee, or staff members specified
in each rule.
Resident care staff who provide direct care to children are required to have been employed for at least 3 months or 240 hours.
Residential care centers, group homes, and shelter care facilities are required to have policies and procedures on how the facility complies with the requirements of the reasonable and prudent parent standard. The policies and procedures will include how a communication log will be used t
o document all reasonable and prudent parenting decision
s
.
The communication log will also include
significant incidents
involving a child
; staff arrival and departure times; and each resident’s location, behavior, and program participation
during the shift
.
If
an RPPS
decision
maker makes a decision that
involves the facility providing written permission in lieu of a child’s parent or
guardian, the RPPS decision
maker
is required to complete a department-prescribed form and place the form in the child’s facility record.
Home Study
The rule-making order also incorporates
into the foster care and child-placing agency rules
the provision in
2015 Wisconsin Act 378
that requires
that
a
n agency
u
se all components of a standardized
assessment
tool
prescribed by the department
to
conduct
a
home study required for approval of a placement for
adoption, recognition of a foreign adoption, and issuance of a license to operate a foster home.
The standardized assessment tool prescribed by the department is
Structured Analysis Family Evaluation
(SAFE)
.
Summary of Factual Data and Analytical Methodologies
The rule is based on information provided to states to assist with implementation of the federal requirement that out-of-home care providers use the reasonable and prudent parent standard to
support normalcy for
children in out-of-home care
by promoting participation
in age
or developmentally
appropriate activities
.
Summary of Related Federal
Law
One of the
purpose
s
of the
“
Preventing Sex Trafficking and Strengthening Families Act
”
(Public Law 113-183
)
is
to prevent
and address sex trafficking of children
who are
in
out-of-home care
.
Section 111 of the Act
on “Supporting Normalcy for Children in Foster Care” requires states to promote participation of child
ren
in out-of-home care in age
or developmentally
appropriate activities and
to permit out-of-home care providers to
use the reasonable and prudent parent standard when determining whether to consent to
a child’s
participation in these activities.
These requirements are conditions of federal funding fo
r a state’s out-of-home programs
under Title IV-E of the Social Security Act (
42 USC 670
to
42 USC 679c
).
Definitions
used in Title IV-E,
42 USC 675
, as affected by
The
“
Preventing Sex Trafficking and Strengthening Families Act
”
(Public Law 113-183)
:
Reasonable and prudent parent standard
:
The term
“
reasonable and prudent parent standard” means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child
. This standard
is to
be used when the out-of-home care provider is determining whether to allow a child in out-
of-home care to
participate in extracurricular, enrichment, cultural, and social activities.
42 USC 675
(10)
.
Age or developmentally-appropriate
:
The term “age or developmentally-appropriate” means
activities or items that meet
either
of
t
he following
conditions
:
•
Activities or items 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 development of cognitive, emotional, physical, and behavioral capacities that are typi
cal for an age or age group.
•
I
n the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.
42 USC 675
(11) (A)
.
State Plan
Requirements
for Title IV-E funding of a state’s out-of-home care programs,
42 USC 671
, as affected by
T
he
“
Preventing Sex Trafficking and Strengthening Families Act
”
(Public Law 113-183)
:
Training
Before a child is placed with prospective foster parents, the prospective foster parents shall receive training on t
he reasonable and prudent parent standard for the participation of the child in age or developm
entally-appropriate activities. The training shall include t
he following:
•
K
nowledge
and skills relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child.
•
K
nowledge and skills relating to applying the standard to decisions such as whether to allow the child to engage in social, extracurricular, enrichment, cultural, and social activities,
such as
sports, field trips,
and overnight activities that last one or more days and involve the
signing of permission slips and arranging of transportation for the child to and from
these
activities.
42 USC 671
(a) (24)
.
Licensing Standards
(A)
F
oster family homes and child care institutions which are reasonably in accord with recommended standards of national organizations concerned with standards for the institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights, and which shall permit use of the
reasonable and prudent parent
standard;
(B
) The
standards established pursuant to subparagraph (A) shall be applied by the State to any foster family home or child care institution receiving funds under this part or part B of this subchapter and shall require, as a condition of each contract entered into by a child care institution to provide foster care, the presence on-site of at least 1 official who, with respect to any child placed at the child care institution, is designated to be the caregiver who is authorized to apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally-appropriate activities, and who is provided with training in how to use and apply the reasonable and prudent parent standard in the same manner as prospective foster parents are provided the training pursuant to paragraph (24);
(C)
The
standards established pursuant to subparagraph (A) shall include policies related to the liability of foster parents and private entities under contract by the State involving the application of the reasonable and prudent parent standard, to ensure appropriate liability for caregivers when a child participates in an approved activity and the caregiver approving the activity acts in accordance with the reasonable and p
rudent parent standard.
Comparison to Adjacent States
Federal law requires a
ll states to comply
with requirements relating to the
reasonable and prudent parent standard
and to have a process
for determining approval for foster and adoptive parents.
Effect on Small Businesses
The proposed rule
s
will affect small businesses as defined in s.
227.114 (1)
,
Stats
.
,
but
will not have a significant economic effect on small businesses, including
residential care centers, group homes, and child-placing agencies.
Analysis Used to Determine Effect on Small Businesses
The rules implement statutory requirements.
Agency Contacts
SECTION 1.
DCF 52.03
(1
m
)
, (5m),
(16m),
(21
g), (
22m
)
, and (23m)
are
create
d to read:
DCF 5
2
.
03
(1
m
)
“Age or developmentally appropriate activities” means activities that are gene
rally accepted as suitable for
children of a given 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 a given age or age group or, in the case of a specific
resident
, activities that are suitable for the
resident
based on the cognitive,
emotional, physical, and behavioral capacities of that resident.
(5
m)
“F
amily interaction
plan” means a plan developed by a placing agency to promote a resident’s interaction with members of the resident’s family and includes interaction by face-to-face contact; telephone calls; letters; emails; and attendance at routine activities, such as
counseling sessions, medical appointments, school events, and faith-related activities.
(16m
)
“
Normalcy” means
a
resident’s
ability to easily engage in
healthy
and age or developmentally
appropriate activities that promote
his or her
well-being, such as
participation in
social, scholastic, and enrichment activities.
(21
g
)
“
Reasonable and prudent parent standard” means a standard for use in making decisions concerning a
resident’s
participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities 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
.
(2
3m
)
“
RPPS decision
maker”
m
eans an individual who has successfully completed training on the application of the reasonable and prudent parent
standard and
makes reasonable and prudent parenting decisions
under s.
DCF 52.415
.
SECTION 2.
D
CF 52.12
(5) (gm) and (10) (a) 12.
are
created to read:
DCF 52.12 (5)
(gm
)
RPPS
decision makers
.
A center shall ensure that
a
n individual
specified in s.
DCF 52.415
(2) (b)
successfully complete
s
training on the application of the
reasonable and prudent parent standard
prior to
making
reasonable and prudent parenting
decisions.
(10)
(
a
) 12.
For RPPS decision makers, documentation of the training under sub. (5) (
gm
).
SECTION 3.
DCF 52.22
(2)
(a)
is renumbered 52.22 (2) (am)
and DCF 52.22 (2) (am) (intro.), as renumbered, is amended to read:
DCF 52.22 (2) (am) (intro.)
Based on the initial assessment under sub. (1) (intro.), the
The
treatment
plan for a new resident shall address
the resident’s strengths and weaknesses in
all of the following
areas
:
SECTION 4.
DCF 52.22 (2) (
a
g
) is
created to read:
DCF 52.22 (2)
(a
g
)
The
treatment plan
for a new resident
shall
be based on the initial assessment under sub. (1) (intro.) and
incorporate information documented 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.
SECTION 5.
DCF 52.22 (3) (b) is repealed and recreated to read:
DCF 52.22
(3)
(b)
At least once every 3 months, the center shall
conduct a treatment plan review that includes a
review of reasonable and prudent parenting
requests and decisions made for a resident
and
the resident’s pro
gress toward meeting treatment plan goals
.
If available, the individuals
who participated in the
development of the
resident’s assessment and treatment plan shall
be invited to
participate in the review.
SECTION 6.
DCF 52.22 (3) (
bm
) is created to read:
DCF 52.22 (3)
(
bm
)
T
he center shall
conduct a treatment plan review
and revise the treatment plan
as needed
,
consistent with the resident’s
needs,
treatment plan goals
,
and the permanency planning
goals of the placing person or
agency
.
SECTION 7.
DCF 52.41 (1)
(intro.) is amended to read:
DCF 52.41 (1)
(intro
.)
PROGRAM STATEMENT AND OPERATING PLAN.
Each center shall have a written program
statement describing center treatment purpose, philosophy,
approach and methods used
,
and services available
,
and
as well as
a written
operating plan
describing available treatment and services as specified
under pars. (a)
to
(c)
(d)
.
A
center shall give a copy of the
current center program statement and, upon request, the center
operating plan, and all updates, to each resident’s placing person
or agency and, if not the same, the resident’s parents or guardian
and legal custodian, if any
.
A center’s operating plan shall describe all of the following:
SECTION 8.
DCF 52.41 (1)
(d)
and (1
m) are c
reated to read:
DCF 52.41 (1)
(d
)
Reasonable
and prudent parent standard
. Policies and procedures on how the center complies with
the
requirements
of
the
reasonable and prudent parent standard, including all of the following:
1.
How the communication log under sub. (1m) will be used to inform different shifts of resident care
workers
and RPPS decision makers of
reasonable and prudent parenting
requests and
decision
s
made for a resident
under s.
DCF 52.415
.
2.
How the information on
the forms required under
ch.
DCF 37
will be incorporated into
a new
resident’s treatment plan
, as required under
s.
DCF 52.22 (2) (ag)
.
3.
How the center will ensure
the presence
on-site
of at least one
RPPS decision maker
at all times
.
4. A
process for
annually
review
ing
the parameters
and requirements of the reasonable
and pru
dent parent standard in
conjunction
with the center’s
corresponding policies and procedures.
Note:
DCF-F-5123-E,
Reasonable and Prudent Parent
Standard Review
,
is an optional form that a center may use to assist with the annual review. The form 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.
(1
m
)
C
ommunication
log.
A residential
care center shall require
each shift of
resident care workers and RPPS decision
makers
to
use a communication log to
document and communicate
with other resident care workers and RPPS decision makers
about residents who
m
they supervise in common. The communication log shall include
all of
the following
for each shift
:
(
a
)
Each r
esident’s location, behavior
,
and program participation.
(b
)
Significant incidents
involving a resident
as provided in
sub. (1) (
a
) 10
.
and
the center’s corresponding policy.
(
c
)
Reasonable and p
rudent parenting
requests and
decisions
made
for residents under s.
DCF 52.415
.
(d)
Staff arrival and departure times.
SECTION 9.
DCF 5
2.415
is
create
d to read:
DCF 5
2.415
P
romoting normalcy
.
(1)
S
imilar 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
e
xtracurricular, enrichment, cultural,
and
social
activities
and have experiences that are similar
to peers of the same age, maturity, or development
.
(2)
RP
P
S
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 de
cision
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.
A resident care worker may be a
n
RPPS decision maker only if
he
or she
has been employed
for at least 3 months
or 240 hours
.
(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 deci
sion-making factors in sub. (4).
(d)
An RPPS decision maker shall document all decisions
made
under this section in the communication
log under s.
DCF 52.41 (1m)
.
(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)
R
easonable 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, r
eligious, 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 par
s
. (
a
) and (b)
as follows
:
(a)
Areas covered by the standar
d
. The resident is participating or wants to participate in e
xtracurricular, 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 p
eer 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 r
easonable and prudent parent
standard does not apply to
a child
receiving respite care services.
(4)
D
ecision-making factors
.
When applying the reasonable and prudent parent standard to a decision
regarding
a
resident
’s participation in
an e
xtracurricular, 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 de
velopment of the
resident.
4
.
Whether
participating in the activity is i
n the best interest of the resident.
5
.
The
resident
’s behavioral history
.
6
.
C
ourt orders and other legal consideration
s affecting the resident, including the prohibitions in sub. (5).
7
.
C
ultural, 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
facto
r
s
, 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
experience
s
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
th
e 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)
P
rohibitions
.
An RPPS decision maker
may not do any of the following:
(a)
P
ermit
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 conflict
s
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, o
nly 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).
SECTION 10.
DCF 52.49 (2)
(b)
1.
dm
.
is
created to read:
DCF 52.49 (2)
(b)
1.
dm
.
Reasonable and prudent parenting decision records required under s.
DCF 52.415 (2) (e)
.
SECTION 11.
DCF 52.62 (8) (b) is amended to read:
DCF 52.62 (8)
(b)
The request for a hearing shall be in writing and shall be filed with the department of administration’s division of hearings
and appeals within 10 days
after the date on the notice
of the department’s refusal to issue a
license or the department’s revocation of a license.
A request for
a hearing is considered filed upon its receipt by the department of
administration’s division of hearings and appeals.
SECTION 12.
DCF 54.02 (3m) is renumbered DCF 54.02 (3m) (a).
SECTION 1
3
.
DCF 54.02 (3m
)
(a)
(title) is created to read:
DCF 54.02 (3m
)
(a)
(title)
Grounds
.
SECTION 14
.
DCF 54.02 (3m) (b
)
is
created to read:
DCF 54.02 (3m
)
(b
)
Appeals
.
1.
Any person aggrieved by the department’s decision to deny a
license or to revoke a license may request a hearing on the decision
under s.
227.42
, Stats.
2.
The request for a hearing shall be in writing and shall be
filed with the department of administration’s division of hearings
and appeals within 10 days
after the date on the notice of the
department’s refusal to issue a
license or the department’s revocation of a license.
Note:
A request for hearing
may
be submitted by mail to the Division of Hearings
and Appeals, P.O. Box 7875
, Madison, Wisconsin 53707−7875
or
delivered in person
to the Division at 5005 Universi
ty Ave., Room 201, Madison, WI, with a co
py sent to the appropriate Department of Children and Families field office listed
in Appendix A
.
SECTION 15
.
DCF 54.04 (1) (h) is created to read:
DCF 54.04 (1)
(h)
An agency shall
complete
all components of a standardized
assessment
tool
prescribed by the department
t
o
conduct the home study required for approval of a placement for
adoption
,
recognition of a foreign adoption
, and issuance of a license to operate a foster home
.
Completion shall include dates and signatures where specified by the tool.
Note: The standardized assessment
tool
prescribed by the department is the
Structured Analysis Family Evaluation
(SAFE) tool. Contact the department’s Division of Safety and Permanence for further information
at P.O. Box 8916, Madison, WI 53708−8916.
SECTION 16
.
DCF 56.02 (2) (a) 1.
is
amended to read:
DCF 56.02 (2)
(a) 1.
A licensing agency m
ay grant an exception to any requirement in this chapter if the licensing agency determines that the exception will not jeopardize the health,
safety or welfare of the foster children, except that the licensing agency may not grant an exception to any of the following requirements: ss.
DCF 56.04 (1)
,
(2)
,
(4) (a) 1.
,
2.
,
5.
,
5m.
,
8.
, or
9.
or
(b) 2.
,
(6)
,
(7)
or
(8)
,
56.05 (1) (a)
,
(b) 1.
b
.
or
p.
,
2. b.
,
d.
, or
g.
,
(c) 1. b.
,
c.
,
d.
,
e.
,
g.
,
h.
,
i
.
j.
,
k.
,
L.
,
m.
,
n.
, or
2.
,
(d)
,
(f)
, or
(3) (a)
,
56.06
,
56.07 (3) (a)
,
(4) (b)
,
(c)
,
(e)
,
(f)
,
(g)
, or
(h)
,
(5) (a)
,
(6)
, or
(10) (a)
,
56.08 (1)
,
(2)
,
(3)
,
(4)
,
(5)
,
(6) (c) 1.
,
2.
,
3.
or
4. a.
,
(7) (a) 3.
,
(8) (a)
, or
(c)
,
(10)
, or
(10m)
,
56.09 (1)
,
(1g)
,
(1m) (a)
to
(e)
(f)
,
(2) (c)
,
(2m)
,
(3)
,
(4) (c)
,
(d)
or
(
dm
)
,
(5)
,
(9)
,
(11)
, or
(12) (a)
,
(c)
or
(d)
,
56.12
,
56.13 (1)
,
(2)
,
(3)
,
(4) (a) 1.
,
2.
, or
(b)
,
(5) (a)
,
(b) 1.
or
2.
,
(c)
,
(6) (a)
,
(b) 1.
or
2.
,
(c)
,
(7)
,
(8)
,
56.14 (1)
,
(2)
,
(3)
,
(4)
,
(5)
,
(6)
,
(6d)
,
(6h)
,
(6p)
,
(6t)
,
(7)
,
(7e)
,
(7m)
,
(7s)
,
(8) (a)
or
(b) 3.
,
56.15
,
56.16
,
56.18
,
56.19
,
56.21 (2)
,
56.22
, or
56.23
.
SECT
ION 1
7
.
DCF 56.03
(1d)
and
(11r)
are created to read:
DCF 56.03 (1d)
“
Age or developm
entally appropriate activities”
means activities that are gene
rally accepted as suitable for
c
hildren of a given 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 a given age or age group or, in the case of a specific child, activities that are suitable for the child based on the cognitive, emotional, physical, and behavioral capacities of that child.
(11r)
“Family interaction plan” means
a plan developed
by a
placing agency
to promote a child’s interaction with members of the child’s family and includes
interaction by face-to-face contact; telephone calls; letters; emails;
and attendance at routine activities
,
such as counseling sessions, medical appointments, school events, and faith-related activities.
SECTION 1
8
.
DCF 56.03 (17)
is
amended to read:
DCF 56.03
(17)
“Hazardous machinery and equipment” means any machine or other equipment generally known to be dangerous to untrained or unskilled operators or to operators who for any other reason are physically or mentally unable to operate the equipment safely, including a motor vehicle, power lawn mower, tractor or other farm
machinery or equipment, snow blower, chain saw, power-driven shop tool, snowmobile,
all-terrain vehicle
and any other machinery
or
equipment determined by the licensing or supervising agency
to be unsafe for a particular foster child to operate
.
SECTION 1
9
.
DC
F 56.03 (
27r
) and (34m)
are
create
d to read:
DCF 56.03
(
27
r
)
“
Normalcy” means the
child’s
ability to easily engage in
health
y
and
age or
developmentally
appropriate activities that promote
his or her
well-being
,
such as
participation in
social, scholas
tic, and enrichment activities.
(34m
)
“
Reasonable and prudent parent standard”
means a standard
for
use in making decisions
regarding
a child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the child while at the same time encouraging the emotional and developmental growth of the child.
SECTION 20
.
DCF 56.05 (1) (a) 1
.
is
repealed and recreated to read:
DCF 56.05
(1)
(a) 1.
A person licensed to operate a foster home shall be a responsible, mature individual who is fit and qualified,
exercises sound judgment,
displays the capacity to successfully nurture foster children, does
not abuse alcohol or
drugs,
and does not have a
criminal conviction,
pending criminal charge
,
or a
finding by a governmental body
of a
civil or criminal
violation
of statutes, regulations
, or
ordinances
that is substantially related to
the care of
children or
the operation of
a foster home
.
SECTION 21.
DCF 56.05 (1) (a) 3.
is
amended to read:
DCF 56.05 (1)
(a)
3.
In determining whether a person is fit and qualified, the licensing agency shall consider the person’s qualifications under
this section and
any history of
whether the person has a
criminal conviction,
pending criminal charge
,
or any finding by a governmental body of a
civil or criminal
violation of statutes, regulations
,
or ordinances of the United States, this state, any other state, any local government
,
or
any
other U.S. jurisdiction
that is
substantially related to the care of children
or
the
operation of
a foster home
.
SECTION 22.
DCF 56.05 (1) (b) 1.
p
.
is created to read:
DCF 56.05 (1)
(b) 1. p.
A
willingness to
promote
normalcy for a foster child by
encouraging the child to participate
in
age or developmentally appropriate
e
xtracurricular, enrichment, cultural,
and
social
activities
under s.
DCF 56.09 (2m)
.
SECTIO
N 2
3
.
DCF 56.05
(1) (b) 1. (
note
) is repealed.
SECTION 2
4
.
DCF 56.05 (1) (c) 1. o.
is
create
d to read:
DCF 56.05 (1)
(c) 1.
o.
Apply
the reasonable and prudent parent standard
when making decisions concerning
a foster child’s participation
in
age or developmentally appropriate
e
xtracurricular, enrichment, cultural,
and
social
activities
under s.
DCF 56.09 (2m)
.
SECTION. 2
5
.
DCF 56.08
(4) (a) is
amend
ed
to read:
DCF 56.08 (4)
(a)
Any licensee or other person acting on behalf of the licensee who transports foster children for any purpose shall possess a valid driver’s license. The licensing agency may establish additional requirements in this area by written policy
, provided that the additional requirements do
not prevent a foster parent from using the reasonable and prudent parent standard
when making decisions
concerning
a child’s participation
in
age or
developmentally appropriate extracurricular, enrichment, cultural, and social activities
under s.
DCF 56.09 (2m)
.
SECTION 2
6
.
DCF 56.08 (4) (a)
(note) is created to read:
DCF 56.08 (4)
(a) (note)
Note:
For example, a
gencies
cannot
prohibit
all
yout
h
from getting rides from peers
or require that foster parents
obtain
prior
agency
approval for every person transporting the child
.
SECTION 2
7
.
DCF 56.08 (5)
(c) 1. The child is at least
12
10
years of age.
SECTION 2
8
.
DCF
56.08 (5)
(c) 2.
is
repealed and recreated to read:
DCF 56.08 (5)
(c)
2
.
The foster parent
applied the reasonable and prudent parent standard and gave
permission for the child to partic
ipate in the activity
.
SECTION 2
9
.
DCF 56.08 (6) (a) is amended to read:
DCF 56.08
(6)
(a
)
No
foster child under
14
12
years of age may, unless otherwise permitted by statute,
operate any hazardous machinery or equipment.
SECTION 30
.
DCF 56.08 (6) (b) is
repeal
ed.
SECTION 31
.
DCF 56.09 (2) (e) is amended to read:
DCF 56.09
(2)
(e
)
A
licensee shall ensure that foster children 10 years of age or older receive responsible supervision appropriate to their age, maturity and abilities as might reasonably be provided by a prudent parent to that parent’s own children.
An agency
may not
create supervision
policies
that
interfere
with a foster parent
’
s ability to make reasonable and prudent parenting decisions
concerning the
child
’s
participation
in
age or developmentally appropriate extracurricular, enrichment, cultural, and social activities
under s.
DCF 56.09 (2m)
.
SECTION 32
.
DCF 56.09 (2m)
is
create
d to read:
DCF 56.09
(2m
)
P
romoting
normalcy
.
(a)
Family-like environment
.
A foster parent shall
promote normalcy and the healthy development of a child placed in his or her home with a family-like environment that supports the
child
’s
right to part
icipate
in
e
xtracurricular, enrichment, cultural,
and
social
activities
and
have
experiences that are similar to those of the child’s peers.
(b)
Reasonable and prudent parent standard.
When
a foster parent is
making
a
decision
concern
ing participation in
an activity
by a child placed in
his or her
home, the
foster pare
nt 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 a child while at the same time encouraging the emotional and developmental growth of the child
,
if the
activity
meet
s
the conditions in
subd
. 1. and
2.
,
as follows
:
1.
‘Areas covered by the standard.’ The child is participating
or wants to participate in
e
xtracurricular, enrichment, cultural,
or
social
activit
ies
, including
all of
the following
:
a.
Activities
related to transportation, such as obtaining a driver’s license
,
driving
,
or carpooling with peers and
other
adults.
b
.
Formal
or informal e
mployment
and related activities, such as opening an account in a bank or credit union.
c
.
A
ctivities
related
to p
eer relationships
,
such as
visiting
with
f
riends
, staying overnight at a friend’s house,
or
dating.
d
.
Activities
related to p
ersonal expression
,
such as
haircuts; hair dying; clothing choices;
or
sources of
entertainment
, including
games and
music.
2.
‘Age or developmentally appropriate
activities
.
’
The chil
d is participating or wants to participate in
activities that are
suitable
based on any of the following
criteria
:
a. Activities that are g
enerally 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
.
b.
A
cti
vities
that are suitable
based on
this child’s
cognitive, emotional, physical, and behavioral capacities
.
Note:
The r
easonable and prudent parent
standard does not apply to
a child
receiving respite care services
in a foster home.
(
c
)
Decision-making factors
.
When
applying
the reasonable and prudent parent standard
to a decision concerning a child’s participation in
an
e
xtracurricular, enrichment, cultural,
or
social
activity
, the
foster
parent
shall
consider all of the following
:
1
.
C
hild-s
pecific
factors
, including
all of the following
:
a.
The
child’s wishes
, as
gathered by
engaging the child in
an age-appropriate discussion
about participation in
the activity
.
b.
The
age, maturity, and de
velopment of the child
.
c.
Whether
participating in the activity is i
n the best interest of the child.
d.
The
child’s behavioral history
.
e
.
C
ourt
orders and other legal consideration
s affecting the child, including the prohibitions in
par.
(
d
).
f.
C
ultural
, religious, and tribal values of the child and the child’s family.
Note:
If
the child and child’s family have different cultural, religious, or tribal values, the
n the
placing agency
, or the department if the department is the child’s guardian,
is
ultimately
responsible for decisions concerning the child’s care.
2.
Activity-specific
factors
, including all of the following:
a.
Po
tential
risk facto
rs of the situation
, including whether the child has the necessary training and safety equipment to safely participate in the activity under consideration
.
b
.
How
the activity will help the child grow.
c
.
Whether
participating in the
activity
will provide
an experience
that
is
similar
to
the experiences of
the foster parent’s children
and other children in the home.
3
.
Other information
regarding the parent’s
or guardian’s
wishes and
values
, as
obtained from the
parent
at team
or treatment team
meetings and
through
discussions with the child’s
parent or guardian
.
A foster parent is not
required to
consult with
the
parent or
guardian
about
every decision
affecting
the
child.
4.
Any other
concerns
regarding
the safety of
th
e child, household members,
or
the community.
5.
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.
(
d
)
Prohibitions
.
A foster parent may
not do any of the following:
1
.
P
ermit the child to participate in an activity that would
violate
a
court order or any
federal or state
statute, rule, or regulation.
2.
Make
a decision
that conflict
s
with the
child’s permanency plan
or family interaction plan
.
3
.
C
onsent to
the child’s
marriage.
4
.
Authorize
the child’s
e
nli
stment in the U.S. armed forces.
5
.
Authorize
medical, psy
chiatric, or surgical treatment for the child beyond the
terms of
the
consent
for medical services
authorized by the child’s parent
or guardian
.
6
.
R
epresent the child in
a legal action
or
make
a
decision of
substantial legal significance.
7.
Determine which
school the child
attend
s
or make
a
decision
for
the child regarding
an educational right or requirement
that is provided in
federal or state
law
.
Note:
For example, o
nly a parent or guardian can make decisions about a child’s individualized educational program under s.
115.787
, Stats.
8.
Require or p
rohibit a child’s participation in
an
age or developmentally appropriate
e
xtracurricular, enrichment, cultural,
or
social
activit
y
solely for the foster parent’s own convenience or based
solely
on the
foster parent’s own
values.
(e
)
Placing
a
gency responsibilities.
When preparing
the
child-specific information to provide to the
foster parent
on the forms required under
ch.
DCF 37
, the
placing
agency
shall
do all the following
if reasonable and appropriate
:
a.
Consult
with
the
child’s
parent or
guardian
and the child about the child’s participation in
extracurricular, enrichment
, cultural, and
social activities and
the
family’s religious, cultural, and tribal beliefs
and values
.
Note:
If the child is an Indian child, the placing agency should ask the parent
and the family’s tribe
a
bout specific tribal values.
b.
Explain to the parent or guardian that
the parent’s
values will be considered,
but
will not
necessarily
be the determining factor
when
decision
s
concerning
the child’s participation
in activities are
made
.
(f
)
Supervising agency
.
A foster parent shall contact the supervising agency
for assistance with the application of
the
reasonable and prudent parent
standard.
SECTION
33
.
DCF 56.09 (11) (a) 10.
is
create
d to read:
DCF 56.09 (11)
(a) 1
0
.
Reasonable
and
prudent parenting considerations for the child and decisions the foster parent
has made
by applying the
reasonable and prudent parent
standard.
SECTION
34
.
DCF 56.12 (1) (h)
is
create
d to read:
DCF 56.12 (1) (h
)
A
brochure that explains the use and parameters of the reasonable and prudent parent standard.
Note:
Form DCF-P-5105,
Promoting Normalcy for Children in Out-of-Home Care
, 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.
SECTION 3
5
.
DCF 56.13 (7) (e)
1.
g
.
and h. are
create
d to read:
DCF 56.13 (7)
(e)
1.
g.
Ensure
that the program staff are
promoting
normalcy for each child placed
in the home by applying
the reasonable and prudent parent standard when making decisions concerning a child’s participation in
age or developmentally appropriate
e
xtracurricular, enrichment, cultural,
and
social
activities under s.
DCF 56.09 (2m)
.
h.
Ensure
that program staff have
access to the information needed to make
decisions concerning a child’s participation in
age or developmentally appropriate
e
xtracurricular, enrichment, cultural,
and
social
activities under s.
DCF 56.09 (2m)
.
SECTION 36
. DCF 56.13 (7) (f) 3.
is
amended to read:
DCF 56.13 (7)
(f)
3.
‘Responsibilities.’ Program staff shall be responsible for
daily supervision of the children and direct care to the children to
ensure their safety and well−being
, including promoting normalcy under s.
DCF 56.09 (2m)
.
SECTION 3
7
.
DCF 56.1
4 (6) (a) 3.
is
amend
ed to read:
DCF 56.14 (6)
(a) 3. Caring for children in foster care
, including promoting normalcy
.
SECTION 3
8
.
DCF 56.15 (1) (a)
8.
to
12
.
is
created to read:
DCF 56.15 (1)
(
a)
8.
Prior to
or at the time of
placement of a child with a foster parent, the supervising agency shall explain to the foster parent th
e child-specific considerations that the foster parent is required to take into account when applying the reasonable and prudent
parent
standard, as documented on the forms required under
ch.
DCF 37
, and provide the foster parent with the brochure required under s.
DCF 56.12 (1) (h)
.
9.
P
rovide updated information
to the foster parent about
child-specific
considerations for reasonable and prudent parenting decisions throughout the child’s placement
through team
or treatment team
meetings
and when there is a significant change in circumstances
.
10
.
Notify the placing agency of any
updates to information about the child that were not included in the forms provided to the foster parent at the time of placement under
ch.
DCF 37
, if the supervising agency and placing agency are not the same agency.
Note:
The forms provided 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.
11
.
Assist the foster parent
and
child
with overcoming
barriers to the child’s participation in
extracurricular, enrichment, cultural, and social
activities that promote normalcy in an age and
developmentally appropriate manner.
12
.
Assist
with resolving
a
conflict among members of the child’s team or treatment team
on
the application of the reasonable and prudent parent standard
.
SECTION 3
9
.
DCF 56.16 (1)
(m)
and
(n)
are
create
d to read:
DCF 56.16
(1)
(m)
Ensure that the foster parent is promoting normalcy for the child by providing opportunities
for the child to participate
i
n age or developmentally appropriate
extracurricular, enrichment, cultural, and social activities
under s.
DCF 56.09 (2m)
.
(n)
Use all components of a standardized assessment
tool
prescribed by the department
to
conduct the home study required for approval of a placement for
adoption, recognition of a foreign adoption, and issuance of a license to operate a foster home.
Note: The standardized assessment
tool
prescribed by the department is the
Structured Analysis Family Evaluation
(SAFE) tool. Contact the department’s Division of Safety and Permanence for further information
at P.O. Box 8916, Madison, WI 53708−8916.
SECTION 40
.
DCF 56.
17 (2) (b) 3.
g
. is
c
reate
d to read:
DCF 56.17 (2)
(b) 3.
g.
Regular
, ongoing o
pportunities to engage in age or developmentally appropriate
e
xtracurricular, enrichment, cultural,
and
social
activities
under s.
DCF 56.09 (2m)
.
SECTION 41
.
DCF 57.
04 (1) is renumbered as DCF 57.04 (1m).
SECTION 42
.
DCF 57.04 (1)
, (13m),
(
32m
), and (
37m
)
are
create
d to read:
DCF 5
7.
04
(1)
“Age or developmentally appropriate activities” means activities that are generally accepted as suitable for children of a given 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 a given age or age group or, in the case of a specific
resident
, activities that are suitable for the
resident
based on the cognitive,
emotional, physical, and behavioral capacities of that
resident
.
(13m)
“Family interaction plan” means a plan developed by a placing agency to promote a
resident’s
interaction with members of the
resident’s
family and includes interaction by face-to-face contact; telephone calls; letters; emails; and attendance at routine activities, such as
counseling sessions, medical appointments, school events, and faith-related activities.
(25m
)
“
Normalcy” means
a
resident’s
ability to easily engage in
healthy
and age or developmentally
appropriate activities that promote
his or her
well-being, such as
participation in
social, scholastic, and enrichment activities.
(
32m
)
“
Reasonable and prudent parent standard” means a standard for use in making decisions concerning a
resident’s
participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities 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
.
(
37m
)
“
RPPS decision
maker”
m
eans an individual who has successfully completed training
on the application of the reasonable and prudent parent
standard and
makes reasonable and prudent parenting decisions
under s.
DCF 57.245
.
SECTION
43
. DCF 57.05
(2) (p) 4.
and
(q)
are
created to read:
DCF 57.05 (2)
(p) 4.
Significant incidents involving a resident
, including specifying the
types of incidents that are required to be documented in the communication log under s.
DCF 57.215
.
(q)
How the group home complies with
the
requirements
of
the reasonable and prudent parent standard, including all of the following:
1.
How the communication log
under
s.
DCF 57.215
will be used to inform different shifts of resident care staff and RPPS decision makers
of reasonable and prudent parenting
requests
and
decisions
ma
de for
resident
s
under s.
DCF 57.245
.
2.
How the information on
the forms required under
ch.
DCF 37
will be incorporated into
a new resident’s treatment plan, as required under s.
DCF 57.23 (2) (a) 14.
3.
How the
group home
will ensure
the presence on-site of at least one RPPS decision maker at all times
.
4.
A process for
reviewing
the parameters
and requirements of the reasonable and prudent parent standard
in conjunction with
the
group home
’s corresponding
policies and procedures.
Note:
DCF-F-5123-E,
Reasonable and Prudent Parent
Standard Review
,
is an optional form that a
group home
may use to assist with the annual review. The form 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.
SECTION
44
.
DCF 57.16 (4m) is created to read:
DCF 57.16 (4m
)
R
easonable
and prudent parent standard.
A group home shall ensure that an individual
specified in s.
DCF 57.245 (2) (b)
successfully completes training on the application of the reasonable and prudent parent standard prior to making reasonable and prudent parenti
ng decisions
.
SECTION
4
5
.
DCF 57.17 (2) (L) is created to read:
DCF 57.17 (2)
(L
)
For
RPPS decision makers, documentation of the training
required
under s.
DCF 57.16 (4m)
.
SECTION
4
6
.
DCF 57.215 is created to read:
DCF 57.
215
Communication log
.
A
group home
shall require
each shift of
resident care
staff
and RPPS
decision makers to use a communication log to document
and communicate
with other resident care
staff
and RPPS decision makers about residents who
m
they supervise in common. The communication log shall include all of the following for each shift
:
(
1
)
Each r
esident’s location, behavior, and program participation
.
(2
)
Significant incidents
invo
lving a resident
, as specified in the group home’s policy and procedures
.
(3
)
Reasonable and prudent parenting
requests and
decisions made for residents
under s.
DCF 57
.
245
.
(4
)
Staff arrival and departure times.
SECTION 47.
DCF 57.23 (1)
is
repealed and recreated to read:
DCF 57.23 (1
)
ASSESSMENT
FOR
RESPITE CARE.
A program director shall ensure that an assessment of a child admitted to a group home under a voluntary agreement for respite care is completed before the child’s date of admission to the group home. The assessment shall include all of the following:
(a)
Information
on
the
child’s
developmental, behavioral,
educational
,
and medical history; family and significant relationships;
legal history; substance abuse history
;
and any past
treatment.
(b)
A description of the
child’s
current status, including
mental status, medical needs, current activities, educational status,
current and recent substance abuse
use
,
and personal
strengths.
SECTION 49.
DCF 57.23
(2)
(title) and (a) (intro.) are
amended to read:
DCF 57.23
(2)
RESIDENT ASSESSMENT AND
TREATMENT PLAN.
(a)
Upon completion of the assessment required under sub. (1
)
the
Within 30 calendar days after the date a resident is admitted to
a
group home, the program
director shall perform a comprehensive written assessment of the resident and develop a written treatment plan
.
The
program director shall
develop
a written
the
treatment plan with the participation of the placing agency; the resident; a parent if the resident is under 18 years of age; a guardian and legal custodian, if applicable and available; and the persons who will provide the required services to the resident. A completed treatment plan for each resident
shall be placed in the resident’
s record maintained by the group home unde
r
s.
DCF 57.38
and shall include
all of the following:
SECTION 50
. D
CF 57.23 (2) (a) 13.
is
repealed and recreated to read:
DCF 57.23 (2)
(a)
13.
Consideration of additional requirements for the care of
the following residents:
a.
The
resident
turned 18 years of age on or after August 1, 2014, but is under 21
years of age; the
resident
is a full−time student at a secondary school or its vocational
or technical equivalent; and there is an individualized education
program under s.
115.787
, Stats.,
in effect for the person.
b.
The
resident
is 18 years of age or over, but under 21 years of age, and is placed
under another state’s placement and care
responsibility under
42 USC 675
(8) (B
)
.
SECTION
51
.
DCF
57.
23 (2) (a) 13. (
note
) is repealed.
SECTION 52
.
DCF 57.23 (2) (a) 14.
is
created to read:
DCF 57.23 (2)
(a) 14.
Information documented on the forms required under
ch.
DCF 37
regarding
the decision-making factors for reasonable and prudent parenting decisions for the resident
under s.
DCF 57.245 (4)
.
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.
SECTION
53
. DCF 57.23 (2) (am) is created to read:
DCF 57.23 (2)
(am
)
Assessments
of children of residents are not required.
SECTION 54.
DCF 57.23 (2) (b)
is repealed and recreated to read:
DCF 57.23 (2)
(b)
At least once every 3 months, the group home shall
conduct a treatment plan review that includes a
review of reasonable and prudent parenting requests and decisions made for a resident and the resident’s pro
gress toward meeting treatment plan goals.
If available, the individuals who participated in the development of the resident’s assessment and treatment plan shall be invited to participate in the review.
SECTION 5
5
.
DCF 57.23 (2) (c
) is created to read:
DCF 57.23 (2)
(c)
The group home shall conduct a treatment plan review and revise the treatment plan as needed, consistent with the resident’s
needs,
treatment plan goals
, and the permanency planning
goals of the placing person or
agency
.
SECTION 5
6
.
DCF 57.24
5
is
create
d to read:
DCF
57.24
5
P
romoting
normalcy
.
(1
)
S
imilar to peers.
A
group
home
shall promote normalcy and the healthy development of
a resident
by supporting
the
resident’s
right to participate in
e
xtracurricular, enrichment, cultural,
and
social
activities
and have experiences that are similar to those of the
resident’s peers
of the same age, maturity, or development
.
(2
)
RPPS
decision maker
.
(a
)
A
group home
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 decis
io
n maker may be a licensee,
authori
zed representative
of the licensee
, program director,
group home
manager
,
or resident care staff member
. A resident care staff member may be a
n
RPPS decision maker only if he or she
has been employed for at least 3 months
or 240 hours
.
(
c
)
An RPPS decision maker
shall have knowledge of
a
resident
and
access to the resident’s treatment plan
and
other
resident
records
under s.
DCF 57.38
related to the deci
sion-making factors in sub. (4).
(d)
An RPPS decision maker shall document all decisions made under this section in the communication log under s.
DCF 57.215
.
(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 group home
in lieu of
the resident’s parent or guardian.
The completed form shall be placed in the resident’s record under s.
DCF 57.38
.
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)
R
easonable 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, r
eligious, 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
par. (
a
) and (b)
as follows
:
(a)
Areas covered by the standar
d
.
The resident is participating or wants to participate in e
xtracurricular, 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 p
eer 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 developme
ntally 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
)
D
ecision-making factors
.
When applying the reasonable and prudent parent standard to a decision
regarding
a
resident
’s participation in
an
e
xtracurricular, 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 de
velopment of the
resident.
4
.
Whether
participating in the activity is i
n the best interest of the resident.
5
.
The
resident
’s behavioral history
.
6
.
C
ourt orders and other legal consideration
s affecting the resident, including the prohibitions in
sub. (5
).
7
.
C
ultural, religious, and tribal values of the
resident
and the
resident
’s family.
If the resident and resident’s family have different cultural, religious, or tribal values, the
n 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
in the
group
home.
4
.
Other information
regarding the parent’s
wishes and values,
as obtained
during development and review of the resident’s treatment plan
under s.
DCF 57.23 (2)
and
other discussions with the resident’s parent or guardian.
(c)
Any other
concerns
regarding the safety of
th
e resident,
other residents in the group home
, 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
)
P
rohibitions
.
An RPPS decision maker
may not do any of the following:
(a)
P
ermit
a
resident
to participate in an activity that would
violate
a
court order or any
federal or state
statute, rule, or regulation.
(b)
Make decisions that conflict 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 legal actions or make other decisions of substantial legal significance.
(g)
Determine which school the resident attends or make a decision concerning the resident regarding an educational right or requirement that is provided in
federal or state
law.
Note:
For example, o
nly a parent or guardian can make decisions about a
resident
’s individualized educational program under s.
115.787
, Stats.
(h)
Require or p
rohibit a
resident
’s participation in
an
age or developmentally appropriate
activity
solely for convenience or personal reasons not applicable to the decision-making
factors in sub. (4).
SECTION 5
7
.
DCF 57.38 (1) (g) is repealed and recreated to read:
DCF 57.38 (1)
(g
)
Reasonable
and prudent parenting decision records required under s.
DCF 57.245 (2) (e)
.
SECTION
5
8
. DCF 57.38 (1) (g) (note) is repealed.
SECTION
5
9
.
DCF 57.58 (2)
is amended to read:
DCF 57.58 (2
)
A
request for a hearing shall be in writing and submitted
to the department of administration’s division of hearings and
appeals.
The request for a hearing shall be sent to the division of
hearings and appeals within 10 days after
receipt of
the
date on the
notice of
the department’s action.
A request for hearing that is mailed to the
division of hearings and appeals shall be considered filed with the
division on the date of the postmark. A request for hearing that
is hand−delivered to the division of hearings and appeals shall be
considered filed on the date the request is received by the division
of hearings and appeals. A request for hearing transmitted by facsimile
to the division of hearings and appeals shall be considered
filed on the date and time imprinted by the division’s facsimile
machine on the transaction report that accompanies the
document.
Documents received by facsimile after midnight local time shall
be deemed filed on the first following business day.
SECTION
60
.
DCF 59.02 (1) is renumbered as DCF 59.02 (1m).
SECTION
61
.
DCF 59.02 (1),
(4c),
(9g
)
, and (9r)
are
create
d to read:
DCF 5
9.02
(1)
“Age or developmentally appropriate activities” means activities that are gene
rally accepted as suitable for
children of a given 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 a given age or age group or, in the case of a specific
child
, activities that are suitable for the
child
based on the cognitive,
emotional, physical, and behavioral capacities of that
child
.
(4c
)
“Family interaction plan” means a plan developed by a placing agency to promote a
child
’s interaction with members of the
child
’s family and includes interaction by face-to-face contact; telephone calls; letters; emails; and attendance at routine activities, such as
counseling sessions, medical appointments, school events, and faith-related activities.
(6m
)
“
Normalcy” means
the
ability to easily engage in
healthy
and age or developmentally
appropriate activities that promote
his or her
well-being, such as
participation in
social, scholastic, and enrichment activities.
(9
g
)
“
Reasonable and prudent parent standard” means a standard for use in making decisions
regarding
a child’s participation
in age or developmentally
appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values
of the
child
while at the same time encouraging the emotional and developmental growth of the
child
.
(
10m
)
“
RPPS decision
maker”
m
eans an individual who has successfully completed training on the
application
of the reasonable and prudent parent standard and makes reasonable and prudent parenting decisions
under s.
DCF 59.055
.
SECTION 6
2
.
DCF 59.
04 (3m) and (6) (
bm
) are
created to read:
DCF 59.04 (3m
)
RPPS
decision makers.
A shelter care facility shall ensure that an
individual
specified in
s.
DCF 59.055 (2) (b)
successfully
completes training on the application of the reasonable and prudent parent standard prior
to making
a
reasonable and prudent parenting
decision
.
(6)
(
bm
)
RPPS decision makers
. A licensee shall maintain a record of
each RPPS decision maker’s completion of the training required under sub. (3m).
SECTION 62
.
DCF 5
9.05
5
is
create
d to read:
DCF
5
9.055
P
romoting
normalcy
.
(1)
S
imilar to peers.
A
shelter care facility
shall promote normalcy and the healthy development of
a
child
placed
in
the
shelter care facility
by supporting
the
child’s
right to participate in
e
xtracurricular, enrichment, cultural,
and
social
activities
and have experiences that are similar to those of the
child’s
peers
of the same age, maturity, or development
.
(2)
RPPS
decision maker
.
(a)
A shelter care facility
shall
ensure the presence on-site of
at least one RPPS decision maker
at all times
to make decisions
regarding
the participation of a child placed in the shelter care facility
in age or developmentally appropriate
extracurricular, enrichment, cultural, and social activities.
(b)
An RPPS decis
ion maker may be the
licensee
,
authorized representative
of the licensee,
unit supervisor, or
shelter care worker
. A shelter care worker may only be an RPPS decision maker if he or she
has been employed for at least 3 months
or 240 hours
.
(c
)
An RPPS decision maker shall have knowledge of a
child
and access to
the
child
’s
record
s
in s.
DCF 59.07
(1) (a)
related to the decision-making factors in sub. (4).
(d)
An RPPS decision maker shall document all decisions made under this section in the communication log under s.
DCF 59.057
.
(e)
An RPPS decision maker shall document on a form prescribed by the department
any decision made under thi
s section that requires written
permission from the shelter care facility
in lieu of the
child’s
parent or guardian.
The completed form shall be placed in the child’s record under s.
DCF 59
.
07
.
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)
R
easonable and prudent parent standard.
When
an RPPS decision maker
is making
a
decision
regarding
participation in activities by
a
child
placed in
the
shelter care facility
, 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, r
eligious, and tribal values of the
child
while at the same time encouraging the emotional and developmental growth of the
child
, if the
activities meet the conditions in par. (
a
) and (b)
as follows
:
(a)
Areas covered by the standar
d. The
child
is participating or wants to participate in e
xtracurricular, 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 p
eer 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
child
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
child
’s cognitive, emotional, physical, and behavioral capacities.
Note:
The r
easonable and prudent parent
standard does not apply to
a child
receiving respite care services.
(4)
D
ecision-making factors
.
When applying the reasonable and prudent parent standard to a decision
regarding
the
participation
by a child placed in the shelter care facility
in
an e
xtracurricular, 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
child
’s wishes, as gathered by engaging the
child
in
an age-appropriate discussion
about participation in the activity
.
2.
The age, maturity, and de
velopment of the
child
.
3.
Whether
participating in the activity is i
n the best interest of the
child
.
4.
The
child
’s behavioral history
.
5.
C
ourt orders and other legal consideration
s affecting the
child
, including the prohibitions in sub. (5).
6.
C
ultural, religious, and tribal values of the
child
and the
child
’s family.
If the
child
and
child
’s family have different cultural, religious, or tribal values, the
n the
placing agency, or the department if the department is the
child
’s guardian, is ultimately responsible for decisions concerning the
child
’s care.
(b)
Activity-specific
factors
, including all of the following:
1.
Potential risk factors of the situation
, including whether the
child
has the necessary training and safety equipment to safely participate in the activity under consideration.
2.
How the activity will help the
child
grow.
3
.
Whether participating in the activity will provide experiences that are similar to the experiences of
other
children
of the same age, maturity, or development in the shelter care facility.
4.
Other information
regarding the parent’s wishes and
values
.
(c)
Any other
concerns
regarding the safety of
th
e
child
, other
child
ren
in the
shelter care facility
, 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)
P
rohibitions
.
An RPPS decision maker
may not do any of the following:
(a)
P
ermit
a
child
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 conflict
s
with the
child
’s permanency plan
or family interaction plan.
(c)
Consent to the
child
’s marriage.
(d)
Authorize the
child
’s enlistment in the U.S. armed forces.
(e)
Authorize medical, psychiatric, or surgical treatment for the
child
beyond the
terms of the
consent for medical services
authorized by the
child
’s parent or guardian.
(f)
Represent the
child
in
legal action
s
or make other decisions of substantial legal significance.
(g)
Determine which school the
child
attends or make
decisions
concerning the
child
regarding an educational right or requirement that is provided in
federal or state
law.
Note:
For example, o
nly a parent or guardian can make decisions about a
child
’s individualized educational program under s.
115.787
, Stats.
(h)
Require or p
rohibit a
child
’s participation in
an
age or developmentally appropriate
activity solely for convenience
or personal reasons not applicable to the decision-making factors in sub. (4).
(6)
P
olicies and procedures.
The shelter care
facility shall have p
olicies and procedures on how the
facility
complies with
the
requirements
of
the reasonable and prudent parent standard, including all of the following:
(a)
How
the communication log under
s.
DCF
59.057
will be used to inform different shifts of
shelter care workers
and RPPS decision makers
of reasonable and prudent parenting
requests and
decisions made for a
child
under
this section
.
(b)
How information on a child on the forms
under s.
DCF 59.07 (1)
(a)
w
ill be used to make reasonable and prudent parenting decisions for a child under
this section
.
(c)
How the
shelter care facility
will ensure
the presence on-site of at least one
RPPS decision maker
at all times
.
(d)
A process for
annually
review
ing
the parameters
and requirements of the reasonable and prudent parent standard
,
in conjunction with
facility’s
corresponding
policies and procedures
.
Note:
DCF-F-5123-E,
Reasonable and Prudent Parent
Standard Review
,
is an optional form that a
shelter care facility
may use to assist with the annual review. The form 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.
SECTION
63
.
DCF 59.057 is created to read:
DCF 59
.057
C
ommunication
log
.
(1)
A
shelter care facility
shall require each shift of
shelter care workers
and RPPS decision makers to use a communication log to document and communicate with other
shelter care workers
and RPPS decision makers about
chi
ldren
who
m
they supervise in common. The communication log shall include all of the following for each shift
:
(
a
)
Each
child’s
location and
behavior.
(b)
Significant incidents
involving a
child
.
(
c
)
Reasonable and prudent parenting
requests and
decisions
made for
children
under s.
DCF 59.055
.
(d)
Staff arrival and departure times.
(2)
A shelter ca
re facility shall have policies and procedures that ensure clear communication between shelter care workers and RPPS decision makers on one shift
and shelter care workers and RP
PS decision makers
who supervise the same children
on the next shift. The policies and procedures shall specify the types of significant incidents that are required to be
documented
in the communication log under sub.
(1) (
b
).
SECTION 64
.
DCF 59.07 (1) (a)
and (note) are
repealed and recreated
to read:
DCF 59.07 (1)
(a
)
A
licensee shall maintain a record for each child in
the shelter care
facility. The record shall contain all of the following:
1.
A form prescribed by the department
that is
completed with specified information about the child.
2.
For a child placed in the
shelter care
facility,
all of the following:
a.
T
he
forms required under
ch.
DCF 37
. The licensee shall
share
with the child’s placing agency new and updated information required on the forms that the
licensee becomes aware of while the child is placed in the facility.
b.
Reasonable
and prudent parenting decision records required under s.
DCF 59.055 (2) (e)
.
Note:
The form required under
subd
. 1. is DCF-F-CFS2389-E,
Shelter Care Face Sheet.
The forms required under
subd
. 2.
a.
and
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.
The form required under
subd
. 2. b. is
DCF-F-5124-E,
Reasonable and Prudent Parent Decision Record
.
These 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.
SECTION 6
5
.
DCF 59.08 is renumbered DCF 59.08 (1).
SECTION 66
.
DCF 59.08 (1) (title) is created to read:
DCF 59.08 (1) (title)
Grounds.
SECTION
67
.
DCF 59.08 (2)
is
created to read:
DCF 59.08 (2
)
A
ppeals
.
(a)
Any person aggrieved by the department’s decision to deny a
license or to revoke a license may request a hearing on the decision
under s.
227.42
, Stats.
(b)
The request for a hearing shall be in writing and shall be
filed with the department of administration’s division of hearings
and appeals within 10 days
after the date on the notice of the
department’s refusal to issue a
license or the department’s revocation of a license.
Note:
A request for hearing
may
be submitted by mail to the Division of Hearings
and Appeals, P.O. Box 7875
, Madison, Wisconsin 53707−7875
or
delivered in person
to the Division at 5005 Universi
ty Ave., Room 201, Madison, WI, with a co
py sent to the appropriate
Department of Children and Families
field office listed
in Appendix A
.
SECTION
6
8
.
EFFECTIVE DATE.
This rule shall
take effect upon publication
as
provided in s.
227.24 (1) (c)
, Stats.
