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 renumbering of ss. DCF 54.02 (3m), 57.04 (1), 59.02 (1), and 59.08; the renumbering and amendment of s. DCF 52.22 (2) (a); the amendment 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 recreation 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 creation 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), 57.215, 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 was approved by the governor on November 14, 2016
The statement of scope for this rule, SS 039-16, was approved by the governor on May 19, 2016, published in Register 725A, on May 23, 2016, and approved by Secretary 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 child-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 cognitive, 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.
