Section DCF 59.055 - Promoting normalcy(1) SIMILAR 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 extracurricular, 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 decision maker may be the licensee, authorized representative of the licensee, unit supervisor, or shelter care worker.(c) An RPPS decision maker shall have knowledge of a child and access to the child's records in s. DCF 59.07(1) (a) related to the decision-making factors in sub. (4).(d) An RPPS decision maker shall document in the communication log under s. DCF 59.057 all requests and decisions made under this section for activities that do not take place in the shelter care facility and are not supervised by a shelter care worker, relief help, volunteer, or unit supervisor.(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 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) REASONABLE 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, religious, 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 standard. The child 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 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 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 the participation by a child placed in the shelter care facility 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 child's wishes, as gathered by engaging the child in an age-appropriate discussion about participation in the activity.2. The age, maturity, and development of the child.3. Whether participating in the activity is in the best interest of the child.4. The child's behavioral history.5. Court orders and other legal considerations affecting the child, including the prohibitions in sub. (5).6. Cultural, 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, then 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 the child, other children 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) PROHIBITIONS. An RPPS decision maker may not do any of the following: (a) Permit 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 conflicts 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 actions 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, only a parent or guardian can make decisions about a child's individualized educational program under s. 115.787, Stats.
(h) Require or prohibit 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) POLICIES AND PROCEDURES. The shelter care facility shall have policies 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 for activities that do not take place in the shelter care facility and are not supervised by a shelter care worker, relief help, volunteer, or unit supervisor.(b) How information on a child on the forms under s. DCF 59.07(1) (a) will 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 reviewing the parameters and requirements of the reasonable and prudent parent standard, in conjunction with facility's corresponding policies and procedures.Wis. Admin. Code Department of Children and Families DCF 59.055
Adopted by, EmR1633: emerg. cr., eff. 11-18-16; CR 16-051: cr. Register July 2017 No. 739, eff. 8/1/2017DCF-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.