(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).
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 or failure to issue, renew, or continue a license or the department’s revocation of a license action taken under s. 48.715, Stats. 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 13. 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. 227.44, 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 or failure to issue, renew, or continue a license or the department’s action taken under s. 48.715, Stats. 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 University Ave., Room 201, Madison, WI, with a copy 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 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. 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 may 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. SECTION 17. DCF 56.03 (1d) and (11r) are created to read:
DCF 56.03 (1d) “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 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 18. 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 19. DCF 56.03 (27r) and (34m) are created to read:
DCF 56.03 (27r) “Normalcy” means the child’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.
(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. In determining whether a criminal conviction, pending criminal charge, or finding by a governmental body is substantially related to the care of children or the operation of a foster home, the licensing agency shall apply the factors in s. DCF 12.06. 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 extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (2m). SECTION 23. DCF 56.05 (1) (b) 1. (note) is repealed.
SECTION 24. DCF 56.05 (1) (c) 1. o. is created 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 extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (2m). SECTION. 25. DCF 56.08 (4) (a) is amended 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 26. DCF 56.08 (4) (a) (note) is created to read:
DCF 56.08 (4) (a) (note) Note: For example, agencies cannot prohibit all youth from getting rides from peers or require that foster parents obtain prior agency approval for every person transporting the child.
SECTION 27. DCF 56.08 (5) (c) 1. The child is at least 12 10 years of age.
SECTION 28. 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 participate in the activity.
SECTION 29. 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 repealed.
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 created to read:
DCF 56.09 (2m) Promoting 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 participate in extracurricular, 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 concerning participation in an activity by a child placed in his or her home, the foster parent 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 meets the conditions in subd. 1. and 2., as follows:
1. ‘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:
a. Activities related to transportation, such as obtaining a driver’s license, driving, or carpooling with peers and other adults.
b. Formal or informal employment and related activities, such as opening an account in a bank or credit union.
c. Activities related to peer relationships, such as visiting with friends, staying overnight at a friend’s house, or dating.
d. Activities related to personal expression, such as haircuts; hair dying; clothing choices; or sources of entertainment, including games and music.
2. ‘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:
a. 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.
b. 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 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 extracurricular, enrichment, cultural, or social activity, the foster parent shall consider all of the following:
1. Child-specific 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 development of the child.
