DCF 59.055 DCF 59.055 Promoting normalcy.

DCF 59.055(1) (1) Similar to peers. A shelter care facility shall promote normalcy and the healthy development of a child placed in the shelter care facility by supporting 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 of the same age, maturity, or development.

DCF 59.055(2) (2) RPPS decision maker.

DCF 59.055(2)(a) (a) A shelter care facility shall ensure the presence on-site of at least one RPPS decision maker at all times to make decisions regarding the participation of a child placed in the shelter care facility in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities.

DCF 59.055(2)(b) (b) An RPPS decision maker may be the licensee, authorized representative of the licensee, unit supervisor, or shelter care worker.

DCF 59.055(2)(c) (c) An RPPS decision maker shall have knowledge of a child and access to the child’s records in s. DCF 59.07 (1) (a) related to the decision-making factors in sub. (4).

DCF 59.055(2)(d) (d) An RPPS decision maker shall document in the communication log under s. DCF 59.057 all requests and decisions made under this section for activities that do not take place in the shelter care facility and are not supervised by a shelter care worker, relief help, volunteer, or unit supervisor.

DCF 59.055(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 shelter care facility in lieu of the child’s parent or guardian. The completed form shall be placed in the child’s record under s. DCF 59.07.

DCF 59.055 Note Note: 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 59.055(3) (3) Reasonable and prudent parent standard. When an RPPS decision maker is making a decision regarding participation in activities by a child placed in the shelter care facility, 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 child while at the same time encouraging the emotional and developmental growth of the child, if the activities meet the conditions in par. (a) and (b) as follows:

DCF 59.055(3)(a) (a) 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:

DCF 59.055(3)(a)1. 1. Activities related to transportation, such as obtaining a driver’s license, driving, or carpooling with peers and other adults.

DCF 59.055(3)(a)2. 2. Formal or informal employment and related activities, such as opening an account in a bank or credit union.

DCF 59.055(3)(a)3. 3. Activities related to peer relationships, such as visiting with friends, staying overnight at a friend’s house, or dating.

DCF 59.055(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 59.055(3)(b) (b) 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:

DCF 59.055(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 59.055(3)(b)2. 2. Activities that are suitable based on this child’s cognitive, emotional, physical, and behavioral capacities.

DCF 59.055 Note Note: The reasonable and prudent parent standard does not apply to a child receiving respite care services.

DCF 59.055(4) (4) Decision-making factors. When applying the reasonable and prudent parent standard to a decision regarding the participation by a child placed in the shelter care facility in an extracurricular, enrichment, cultural, or social activity, an RPPS decision maker shall consider all of the following:

DCF 59.055(4)(a) (a) Child-specific factors, including all of the following:

DCF 59.055(4)(a)1. 1. The child’s wishes, as gathered by engaging the child in an age-appropriate discussion about participation in the activity.

DCF 59.055(4)(a)2. 2. The age, maturity, and development of the child.

DCF 59.055(4)(a)3. 3. Whether participating in the activity is in the best interest of the child.

DCF 59.055(4)(a)4. 4. The child’s behavioral history.

DCF 59.055(4)(a)5. 5. Court orders and other legal considerations affecting the child, including the prohibitions in sub. (5).

DCF 59.055(4)(a)6. 6. Cultural, religious, and tribal values of the child and the child’s family. If the child and child’s family have different cultural, religious, or tribal values, then the placing agency, or the department if the department is the child’s guardian, is ultimately responsible for decisions concerning the child’s care.

DCF 59.055(4)(b) (b) Activity-specific factors, including all of the following:

DCF 59.055(4)(b)1. 1. Potential risk factors of the situation, including whether the child has the necessary training and safety equipment to safely participate in the activity under consideration.