DCF 52.415(4)(a)3.3. The age, maturity, and development of the resident.
DCF 52.415(4)(a)4.4. Whether participating in the activity is in the best interest of the resident.
DCF 52.415(4)(a)5.5. The resident’s behavioral history.
DCF 52.415(4)(a)6.6. Court orders and other legal considerations affecting the resident, including the prohibitions in sub. (5).
DCF 52.415(4)(a)7.7. 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.
DCF 52.415(4)(b)(b) Activity-specific factors, including all of the following:
DCF 52.415(4)(b)1.1. 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.
DCF 52.415(4)(b)2.2. How the activity will help the resident grow.
DCF 52.415(4)(b)3.3. Whether participating in the activity will provide experiences that are similar to the experiences of other residents of the same age, maturity, or development.
DCF 52.415(4)(b)4.4. 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.
DCF 52.415(4)(c)(c) Any other concerns regarding the safety of the resident, other residents in the residential care center, or the community.
DCF 52.415(4)(d)(d) Information on the forms required under ch. DCF 37.
DCF 52.415 NoteNote: 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.
DCF 52.415(5)(5)Prohibitions. An RPPS decision maker may not do any of the following:
DCF 52.415(5)(a)(a) Permit a resident to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.
DCF 52.415(5)(b)(b) Make a decision that conflicts with the resident’s permanency plan or family interaction plan.
DCF 52.415(5)(c)(c) Consent to the resident’s marriage.
DCF 52.415(5)(d)(d) Authorize the resident’s enlistment in the U.S. armed forces.
DCF 52.415(5)(e)(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.
DCF 52.415(5)(f)(f) Represent the resident in a legal action or make a decision of substantial legal significance.
DCF 52.415(5)(g)(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.
DCF 52.415 NoteNote: For example, only a parent or guardian can make decisions about a resident’s individualized educational program under s. 115.787, Stats.
DCF 52.415(5)(h)(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).
DCF 52.415 HistoryHistory: EmR1633: emerg. cr., eff. 11-18-16: CR 16-051: cr. Register July 2017 No. 739, eff. 8-1-17.
DCF 52.42DCF 52.42Behavior management and control.
DCF 52.42(1)(1)Definitions. In this section:
DCF 52.42(1)(a)(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.
DCF 52.42(1)(b)(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:
DCF 52.42(1)(b)1.1. Stated reasons why the intervention is necessary and why less restrictive alternatives are ineffective or inappropriate.