DCF 57.245(1)(1) Similar to peers. A group home 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 those of the resident’s peers of the same age, maturity, or development. DCF 57.245(2)(a)(a) A group home 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. DCF 57.245(2)(b)(b) An RPPS decision maker may be a licensee, authorized representative of the licensee, program director, group home manager, or resident care staff member. DCF 57.245(2)(c)(c) An RPPS decision maker shall have knowledge of a resident and access to the resident’s treatment plan and other resident records under s. DCF 57.38 related to the decision-making factors in sub. (4). DCF 57.245(2)(d)(d) An RPPS decision maker shall document in the communication log under s. DCF 57.215 decisions made under this section for activities that do not take place in the group home and are not supervised by a staff member. DCF 57.245(2)(e)(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 group home in lieu of the resident’s parent or guardian. The completed form shall be placed in the resident’s record under s. DCF 57.38. DCF 57.245 NoteNote: 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. DCF 57.245(3)(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 par. (a) and (b) as follows: DCF 57.245(3)(a)(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: DCF 57.245(3)(a)1.1. Activities related to transportation, such as obtaining a driver’s license, driving, or carpooling with peers and other adults. DCF 57.245(3)(a)2.2. Formal or informal employment and related activities, such as opening an account in a bank or credit union. DCF 57.245(3)(a)3.3. Activities related to peer relationships, such as visiting with friends, staying overnight at a friend’s house, or dating. DCF 57.245(3)(a)4.4. Activities related to personal expression, such as haircuts; hair dying; clothing choices; or sources of entertainment, including games and music. DCF 57.245(3)(b)(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: DCF 57.245(3)(b)1.1. 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. DCF 57.245(3)(b)2.2. Activities that are suitable based on this resident’s cognitive, emotional, physical, and behavioral capacities. DCF 57.245 NoteNote: The reasonable and prudent parent standard does not apply to a child receiving respite care services.
DCF 57.245(4)(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: DCF 57.245(4)(a)2.2. The resident’s wishes, as gathered by engaging the resident in an age-appropriate discussion about participation in the activity. DCF 57.245(4)(a)4.4. Whether participating in the activity is in the best interest of the resident. DCF 57.245(4)(a)6.6. Court orders and other legal considerations affecting the resident, including the prohibitions in sub. (5).