Wisconsin Legislature: DCF 52.415(3)(a)1.

(h) A residential care center shall have at least one full-time equivalent resident services case manager under s. DCF 52.12 (1) (a) 3. for every 16 or fewer residents. A residential services case manager who is working less than full-time may have a maximum caseload that is the equivalent of 2.5 hours per week for each resident.

(4) Recreation.

(a) A center shall provide leisure and recreational programming suitable for the ages, abilities and interests of the center’s residents. This programming shall be consistent with the center’s overall program goals and shall offer residents a variety of indoor and outdoor recreational activities.

(b) A center shall have well drained outdoor recreation areas that are free of hazards.

(5) Religious practices. A center shall provide residents with opportunities for voluntary religious expression and participation. The center shall:

(a) Have written policies on religious training.

(b) Obtain the written consent of the resident’s parent or guardian for church attendance and religious instruction when agency practice varies from that of the resident or the resident’s family.

(6) Center applied policies and procedures. Center policies and procedures affecting residents and their interests shall be applied in a consistent and fair manner.

(7) Other services.

(a) A center may operate on the center grounds other services or enterprises not governed by the center’s license only if the center obtains the written consent of the department. Examples of other center nonresident services that may be allowed by the department to operate on center grounds are shelter care services, outpatient counseling services, day treatment services and day student educational services.

(b) A center which provides temporary shelter care services need not obtain a separate shelter care license under ch. DCF 59 if the personnel requirements in s. DCF 52.12 or 59.04, the child care requirements found in s. DCF 59.05, the requirements for records and reports found in s. DCF 59.07 and the physical plant standards in subch. VI of this chapter or in s. DCF 59.06 are met.

(8) Resident accounts and restitution plan.

(a) The center shall have procedures for maintaining and managing a separate account for each resident’s money and as applicable, shall comply with the provisions under s. 51.61 (1) (v), Stats.

(b) The center shall, as applicable, have in place a restitution plan for a resident and as applicable, that is coordinated with any other restitution ordered by a court or as part of an agreement under ch. 938, Stats., that describes procedures for deducting sums from a resident’s account or earnings as restitution for damages done by the resident. Deductions made for restitution shall be in accordance with a restitution plan as follows:

1. Before a center may withhold a part of a resident’s earnings or account balance, a restitution plan shall be made a part of the resident’s treatment record.

2. The restitution plan shall take into consideration the resident’s ability to pay or be as prescribed under court order.

History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; correction in (1) (b) 7. made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546; corrections in (1) (a) 8., 10., (b) 2., 4., (c) 3., 9., 11., 12., (3) (a), (c) and (7) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. r. and recr. (3), eff. 9-16-11; CR 11-026: am. (1) (a) 10., r. and recr. (3) Register December 2011 No. 672, eff. 1-1-12; EmR1414: emerg. am. (1) (a) 3., eff. 8-1-14; CR 14-054: am. (1) (a) 3. Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. am. (1) (intro.), cr. (1) (d), (1m), eff. 11-18-16; CR 16-051: am. (1) (intro.), cr. (1) (d), (1m) Register July 2017 No. 739, eff. 8-1-17; CR 21-107: r. and recr. (1) (c) 8. Register June 2022 No. 798, eff. 7-1-22.

DCF 52.415 Promoting normalcy.

(1) Similar to peers. A residential care center shall promote normalcy and the healthy development of a resident by supporting the resident’s right to participate in extracurricular, enrichment, cultural, and social activities and have experiences that are similar to peers of the same age, maturity, or development.

(2) RPPS decision maker.

(a) A residential care center shall ensure the presence on-site of at least one RPPS decision maker at all times to make decisions regarding the participation of a resident in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities.

(b) An RPPS decision maker may be a licensee, authorized representative of the licensee, or any staff person specified in s. DCF 52.12 (1) (a) 1. to 5.

(c) An RPPS decision maker shall have knowledge of a resident and access to the resident’s treatment plan and other resident case records under s. DCF 52.49 related to the decision-making factors in sub. (4).

(d) An RPPS decision maker shall document in the communication log under s. DCF 52.41 (1m) decisions made under this section for activities that do not take place in the residential care center and are not supervised by a staff person.

(e) An RPPS decision maker shall document on a form prescribed by the department any decision made under this section that requires written permission from the center in lieu of the resident’s parent or guardian. The completed form shall be placed in the resident’s case record under s. DCF 52.49 (2) (b).

Note: DCF-F-5124-E, Reasonable and Prudent Parent Decision Record, is available in the forms section of the department website at http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708−8916.

(3) Reasonable and prudent parent standard. When an RPPS decision maker is making a decision regarding a resident’s participation in activities, the RPPS decision maker shall use a decision-making standard that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the resident while at the same time encouraging the emotional and developmental growth of the resident, if the activities meet the conditions in pars. (a) and (b) as follows:

(a) Areas covered by the standard. The resident is participating or wants to participate in extracurricular, enrichment, cultural, or social activities, including all of the following.

1. Activities related to transportation, such as obtaining a driver’s license, driving, or carpooling with peers and other adults.

2. Formal or informal employment and related activities, such as opening an account in a bank or credit union.

3. Activities related to peer relationships, such as visiting with friends, staying overnight at a friend’s house, or dating.

4. Activities related to personal expression, such as haircuts; hair dying; clothing choices; or sources of entertainment, including games and music.

(b) Age or developmentally appropriate activities. The resident is participating or wants to participate in activities that are suitable based on any of the following criteria:

1. Activities that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical, and behavioral capacities that are typical for children of the same age or age group.

2. Activities that are suitable based on this resident’s cognitive, emotional, physical, and behavioral capacities.

Note: The reasonable and prudent parent standard does not apply to a child receiving respite care services.

(4) Decision-making factors. When applying the reasonable and prudent parent standard to a decision regarding a resident’s participation in an extracurricular, enrichment, cultural, or social activity, an RPPS decision maker shall consider all of the following:

(a) Child-specific factors, including all of the following:

1. The resident’s treatment plan.

2. The resident’s wishes, as gathered by engaging the resident in an age-appropriate discussion about participation in the activity.

3. The age, maturity, and development of the resident.

4. Whether participating in the activity is in the best interest of the resident.

5. The resident’s behavioral history.

6. Court orders and other legal considerations affecting the resident, including the prohibitions in sub. (5).

7. Cultural, religious, and tribal values of the resident and the resident’s family. If the resident and the resident’s family have different cultural, religious, or tribal values, then the placing agency, or the department if the department is the resident’s guardian, is ultimately responsible for decisions concerning the resident’s care.

(b) Activity-specific factors, including all of the following:

1. Potential risk factors of the situation, including whether the resident has the necessary training and safety equipment to safely participate in the activity under consideration.

2. How the activity will help the resident grow.

3. Whether participating in the activity will provide experiences that are similar to the experiences of other residents of the same age, maturity, or development.

4. Other information regarding the parent’s or guardian’s wishes and values, as obtained during the development and review of the resident’s treatment plan under s. DCF 52.22 (1) and (3) and other discussions with the resident’s parent or guardian.

(c) Any other concerns regarding the safety of the resident, other residents in the residential care center, or the community.

(d) Information on the forms required under ch. DCF 37.

Note: The forms required under ch. DCF 37 are DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A and DCF-F-872B-E, Information for Out-of-Home Care Providers, Part B. Both forms are available in the forms section of the department website at http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

(5) Prohibitions. An RPPS decision maker may not do any of the following:

(a) Permit a resident to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.

(b) Make a decision that conflicts with the resident’s permanency plan or family interaction plan.

(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).

History: EmR1633: emerg. cr., eff. 11-18-16: CR 16-051: cr. Register July 2017 No. 739, eff. 8-1-17.

DCF 52.42 Behavior management and control.

(1) Definitions. In this section:

(a) “Behavior management and control” means techniques, measures, interventions and procedures applied in a systematic fashion to prevent or interrupt a resident’s behavior which threatens harm to the resident or others or to property and which promote positive behavioral or functional change fostering resident self-control.

(b) “Informed consent document” means a document signed by a resident’s parent or guardian and legal custodian or under a court order or under another lawful authority which gives written informed consent for use of a locked unit for a resident based on the following:

1. Stated reasons why the intervention is necessary and why less restrictive alternatives are ineffective or inappropriate.

2. The behaviors needing modification.

3. The behavior outcomes desired.

4. The amount of time in each day and length of time in days or months the resident is expected to remain in the locked unit.

5. The time period for which the informed consent is effective.

6. The right to withdraw informed consent at any time verbally or in writing and possible consequences for the center and resident if consent is withdrawn.

(c) “Locked unit” means a ward or wing designated as a protective environment in which treatment and services are provided and which is secured by means of a key lock in a manner that prevents residents from leaving the unit at will. A facility locked for purposes of external security is not a locked unit provided that residents may exit at will.

(d) “Emergency safety intervention” means that a staff member physically intervenes with a resident when the resident’s behavior presents an imminent danger of harm to self or others and physical restraint or physically enforced separation is necessary to contain the risk and keep the resident and others safe.

(e) “Physically enforced separation” means that a resident is temporarily physically removed to a time-out room or area including, where applicable, a locked unit. “Physically enforced separation” does not include sending a resident on the resident’s own volition to the resident’s room or another area for a cooling off period as part of a de-escalation technique.

(f) “Physical hold restraint” means that a resident is temporarily physically restrained by a staff member.

(g) “Time-out room” means a designated room used for temporarily holding a resident who is in physically enforced separation from other residents.

(2) Monitor and review responsibility.

(a) A center shall assign to a professional staff member the responsibility to monitor and review, on an ongoing basis, the use of all center behavior management measures identified under par. (b) for appropriateness and consistency.

(b) Monitoring and review shall cover violation of house rules and their resulting consequences, the use of physical hold restraint and physically enforced separation in emergency safety intervention, the use of a locked unit when used to facilitate a resident’s treatment plan under sub. (7) (a) 3., and all related center policies and procedures.

(3) Conduct of residents. A center shall have written policies and procedures covering the conduct expected of residents. The policies and procedures shall do all of the following:

(a) Promote the growth, development and independence of residents.

(b) Address the extent to which a resident’s choice will be accommodated in daily decision making. There shall be an emphasis on self-determination and self-management.

(c) Specify center behavior management techniques and approaches available to change, eliminate or modify the behaviors or conditions identified in the center’s program statement and operating plan required under s. DCF 52.41 (1).

(d) Specify criteria for levels of supervision of activities, including off-grounds activities. These criteria shall be directed at protecting the safety and security of residents, center staff, visitors and the community.

(e) Provide for making a record of a resident’s off-grounds activities. The record shall include where the resident will be, duration of the visit, the name, address and phone number of the person responsible for the resident and expected time of the resident’s return.