DCF 52.41(8)(b)(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: DCF 52.41(8)(b)1.1. 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. DCF 52.41(8)(b)2.2. The restitution plan shall take into consideration the resident’s ability to pay or be as prescribed under court order. DCF 52.41 HistoryHistory: 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(1)(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. DCF 52.415(2)(a)(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. DCF 52.415(2)(c)(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). DCF 52.415(2)(d)(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. DCF 52.415(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 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). DCF 52.415 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 52.415(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 pars. (a) and (b) as follows: DCF 52.415(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 52.415(3)(a)1.1. Activities related to transportation, such as obtaining a driver’s license, driving, or carpooling with peers and other adults. DCF 52.415(3)(a)2.2. Formal or informal employment and related activities, such as opening an account in a bank or credit union. DCF 52.415(3)(a)3.3. Activities related to peer relationships, such as visiting with friends, staying overnight at a friend’s house, or dating. DCF 52.415(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 52.415(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 52.415(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 52.415(3)(b)2.2. Activities that are suitable based on this resident’s cognitive, emotional, physical, and behavioral capacities. DCF 52.415 NoteNote: The reasonable and prudent parent standard does not apply to a child receiving respite care services.
DCF 52.415(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 52.415(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 52.415(4)(a)4.4. Whether participating in the activity is in the best interest of the resident.