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 Note Note: 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) (a) Child-specific factors, including all of the following:

DCF 52.415(4)(a)1. 1. The resident’s treatment plan.

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)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 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 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.