(1) SIMILAR TO PEERS. A residential care
center shall promote normalcy and the healthy development of a resident by
supporting the resident's right to participate in extracurricular, enrichment,
cultural, and social activities and have experiences that are similar to peers
of the same age, maturity, or development.
(2) RPPS DECISION MAKER.
(a) A residential care center shall ensure
the presence on-site of at least one RPPS decision maker at all times to make
decisions regarding the participation of a resident in age or developmentally
appropriate extracurricular, enrichment, cultural, and social
activities.
(b) An RPPS decision
maker may be a licensee, authorized representative of the licensee, or any
staff person specified in s.
DCF 52.12(1) (a) 1. to 5.
(c) An RPPS decision maker shall have
knowledge of a resident and access to the resident's treatment plan and other
resident case records under s.
DCF 52.49
related to the decision-making factors in sub. (4).
(d) An RPPS decision maker shall document in
the communication log under s.
DCF 52.41(1m) decisions made under this
section for activities that do not take place in the residential care center
and are not supervised by a staff person.
(e) An RPPS decision maker shall document on
a form prescribed by the department any decision made under this section that
requires written permission from the center in lieu of the resident's parent or
guardian. The completed form shall be placed in the resident's case record
under s.
DCF 52.49(2)
(b).
Note: DCF-F-5124-E, Reasonable and
Prudent Parent Decision Record, is available in the forms section of
the department website at http://dcf.wisconsin.gov or by writing the Division
of Safety and Permanence, P.O. Box 8916, Madison, WI
53708-8916.
(3)
REASONABLE AND PRUDENT PARENT STANDARD. When an RPPS decision maker is making a
decision regarding a resident's participation in activities, the RPPS decision
maker shall use a decision-making standard that is characterized by careful and
sensible parental decisions that maintain the health, safety, best interests,
and cultural, religious, and tribal values of the resident while at the same
time encouraging the emotional and developmental growth of the resident, if the
activities meet the conditions in pars. (a) and (b) as follows:
(a)
Areas covered by the
standard. The resident is participating or wants to participate in
extracurricular, enrichment, cultural, or social activities, including all of
the following.
1. Activities related to
transportation, such as obtaining a driver's license, driving, or carpooling
with peers and other adults.
2.
Formal or informal employment and related activities, such as opening an
account in a bank or credit union.
3. Activities related to peer relationships,
such as visiting with friends, staying overnight at a friend's house, or
dating.
4. Activities related to
personal expression, such as haircuts; hair dying; clothing choices; or sources
of entertainment, including games and music.
(b)
Age or developmentally
appropriate activities. The resident is participating or wants to
participate in activities that are suitable based on any of the following
criteria:
1. Activities that are generally
accepted as suitable for children of the same chronological age or level of
maturity or that are determined to be developmentally appropriate for a child
based on the cognitive, emotional, physical, and behavioral capacities that are
typical for children of the same age or age group.
2. Activities that are suitable based on this
resident's cognitive, emotional, physical, and behavioral capacities.
Note: The reasonable and prudent parent
standard does not apply to a child receiving respite care
services.
(4) DECISION-MAKING FACTORS. When applying
the reasonable and prudent parent standard to a decision regarding a resident's
participation in an extracurricular, enrichment, cultural, or social activity,
an RPPS decision maker shall consider all of the following:
(a) Child-specific factors, including all of
the following:
1. The resident's treatment
plan.
2. The resident's wishes, as
gathered by engaging the resident in an age-appropriate discussion about
participation in the activity.
3.
The age, maturity, and development of the resident.
4. Whether participating in the activity is
in the best interest of the resident.
5. The resident's behavioral
history.
6. Court orders and other
legal considerations affecting the resident, including the prohibitions in sub.
(5).
7. Cultural, religious, and
tribal values of the resident and the resident's family. If the resident and
the resident's family have different cultural, religious, or tribal values,
then the placing agency, or the department if the department is the resident's
guardian, is ultimately responsible for decisions concerning the resident's
care.
(b)
Activity-specific factors, including all of the following:
1. Potential risk factors of the situation,
including whether the resident has the necessary training and safety equipment
to safely participate in the activity under consideration.
2. How the activity will help the resident
grow.
3. Whether participating in
the activity will provide experiences that are similar to the experiences of
other residents of the same age, maturity, or development.
4. Other information regarding the parent's
or guardian's wishes and values, as obtained during the development and review
of the resident's treatment plan under s.
DCF 52.22(1) and (3) and other
discussions with the resident's parent or guardian.
(c) Any other concerns regarding the safety
of the resident, other residents in the residential care center, or the
community.
(d) Information on the
forms required under ch. DCF 37.
Note: The forms required under ch. DCF 37 are
DCF-F-872A-E, Information for Out-of-Home Care Providers, Part
A and DCF-F-872B-E, Information for Out-of-Home Care
Providers, Part B. Both forms are available in the forms section of
the department website at http://dcf.wisconsin.gov or by writing the Division
of Safety and Permanence, P.O. Box 8916, Madison, WI
53708-8916.
(5)
PROHIBITIONS. An RPPS decision maker may not do any of the following:
(a) Permit a resident to participate in an
activity that would violate a court order or any federal or state statute,
rule, or regulation.
(b) Make a
decision that conflicts with the resident's permanency plan or family
interaction plan.
(c) Consent to
the resident's marriage.
(d)
Authorize the resident's enlistment in the U.S. armed forces.
(e) Authorize medical, psychiatric, or
surgical treatment for the resident beyond the terms of the consent for medical
services authorized by the resident's parent or guardian.
(f) Represent the resident in a legal action
or make a decision of substantial legal significance.
(g) Determine which school the resident
attends or make a decision for the resident regarding an educational right or
requirement that is provided in federal or state law.
Note: For example, only a parent or guardian
can make decisions about a resident's individualized educational program under
s.
115.787,
Stats.
(h) Require or
prohibit a resident's participation in an age or developmentally appropriate
activity solely for convenience or a personal reason not applicable to the
decision-making factors in sub. (4).
