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.

DCF 59.055(4)(b)2. 2. How the activity will help the child grow.

DCF 59.055(4)(b)3. 3. Whether participating in the activity will provide experiences that are similar to the experiences of other children of the same age, maturity, or development in the shelter care facility.

DCF 59.055(4)(b)4. 4. Other information regarding the parent’s wishes and values.

DCF 59.055(4)(c) (c) Any other concerns regarding the safety of the child, other children in the shelter care facility, or the community.

DCF 59.055(4)(d) (d) Information on the forms required under ch. DCF 37.

DCF 59.055 Note Note: 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 59.055(5) (5) Prohibitions. An RPPS decision maker may not do any of the following:

DCF 59.055(5)(a) (a) Permit a child to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.

DCF 59.055(5)(b) (b) Make a decision that conflicts with the child’s permanency plan or family interaction plan.

DCF 59.055(5)(c) (c) Consent to the child’s marriage.

DCF 59.055(5)(d) (d) Authorize the child’s enlistment in the U.S. armed forces.

DCF 59.055(5)(e) (e) Authorize medical, psychiatric, or surgical treatment for the child beyond the terms of the consent for medical services authorized by the child’s parent or guardian.

DCF 59.055(5)(f) (f) Represent the child in legal actions or make other decisions of substantial legal significance.

DCF 59.055(5)(g) (g) Determine which school the child attends or make decisions concerning the child regarding an educational right or requirement that is provided in federal or state law.

DCF 59.055 Note Note: For example, only a parent or guardian can make decisions about a child’s individualized educational program under s. 115.787, Stats.

DCF 59.055(5)(h) (h) Require or prohibit a child’s participation in an age or developmentally appropriate activity solely for convenience or personal reasons not applicable to the decision-making factors in sub. (4).

DCF 59.055(6) (6) Policies and procedures. The shelter care facility shall have policies and procedures on how the facility complies with the requirements of the reasonable and prudent parent standard, including all of the following:

DCF 59.055(6)(a) (a) How the communication log under s. DCF 59.057 will be used to inform different shifts of shelter care workers and RPPS decision makers of reasonable and prudent parenting requests and decisions made for a child 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.