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.

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 Note Note: 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 History History: EmR1633: emerg. cr., eff. 11-18-16: CR 16-051: cr. Register July 2017 No. 739, eff. 8-1-17.

DCF 52.42 DCF 52.42 Behavior 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.

DCF 52.42(1)(b)2. 2. The behaviors needing modification.

DCF 52.42(1)(b)3. 3. The behavior outcomes desired.

DCF 52.42(1)(b)4. 4. The amount of time in each day and length of time in days or months the resident is expected to remain in the locked unit.

DCF 52.42(1)(b)5. 5. The time period for which the informed consent is effective.

DCF 52.42(1)(b)6. 6. The right to withdraw informed consent at any time verbally or in writing and possible consequences for the center and resident if consent is withdrawn.

DCF 52.42(1)(c) (c) “Locked unit” means a ward or wing designated as a protective environment in which treatment and services are provided and which is secured by means of a key lock in a manner that prevents residents from leaving the unit at will. A facility locked for purposes of external security is not a locked unit provided that residents may exit at will.

DCF 52.42(1)(d) (d) “Emergency safety intervention” means that a staff member physically intervenes with a resident when the resident’s behavior presents an imminent danger of harm to self or others and physical restraint or physically enforced separation is necessary to contain the risk and keep the resident and others safe.

DCF 52.42(1)(e) (e) “Physically enforced separation” means that a resident is temporarily physically removed to a time-out room or area including, where applicable, a locked unit. “Physically enforced separation” does not include sending a resident on the resident’s own volition to the resident’s room or another area for a cooling off period as part of a de-escalation technique.

DCF 52.42(1)(f) (f) “Physical hold restraint” means that a resident is temporarily physically restrained by a staff member.

DCF 52.42(1)(g) (g) “Time-out room” means a designated room used for temporarily holding a resident who is in physically enforced separation from other residents.

DCF 52.42(2) (2) Monitor and review responsibility.