Chapter DCF 57

DCF 57.26(4)(d)1. 1. With the least amount of force necessary and in the least restrictive manner to manage the imminent danger of harm to self or others.

DCF 57.26(4)(d)2. 2. That lasts only for the duration of time that there is an imminent danger of harm to self or others.

DCF 57.26(4)(d)3. 3. That does not include any of the following:

DCF 57.26(4)(d)3.a. a. Any maneuver or technique that does not give adequate attention and care to protection of the resident’s head.

DCF 57.26(4)(d)3.b. b. Any maneuver that places pressure or weight on the resident’s chest, lungs, sternum, diaphragm, back, or abdomen causing chest compression.

DCF 57.26(4)(d)3.c. c. Any maneuver that places pressure, weight, or leverage on the neck or throat, on any artery, or on the back of the resident’s head or neck or that otherwise obstructs or restricts the circulation or blood or obstructs an airway, such as straddling or sitting on the resident’s torso.

DCF 57.26(4)(d)3.d. d. Any type of choke hold.

DCF 57.26(4)(d)3.e. e. Any technique that uses pain inducement to obtain compliance or control, including punching, hitting, hyperextension of joints, or extended use of pressure points for pain compliance.

DCF 57.26(4)(d)3.f. f. Any technique that involves pushing on or into a resident’s mouth, nose, or eyes or covering the resident’s face or body with anything, including soft objects, such as pillows, washcloths, blankets, and bedding.

DCF 57.26(4)(d)3.g. g. Any technique that results in the resident being in a prone position.

DCF 57.26(4)(d)4. 4. Notwithstanding subd. 3. f., if a resident is biting themselves or another person, a staff member may use a finger in a vibrating motion to stimulate the resident’s upper lip and cause the resident’s mouth to open and may lean into the bite with the least amount of force necessary to open the resident’s jaw.

DCF 57.26(4)(e) (e) After an episode of physical restraint, a debriefing shall take place with the resident and each staff member involved in the physical restraint.

DCF 57.26(4)(f) (f) Each staff member who uses a physical restraint or who witnesses the use of a physical restraint shall within 24 hours of each incident give the program director or group home manager a written description of the incident. The program director or group home manager shall document each incident, including date, time, and a description of the circumstances of the incident, and report the incident to the department as required under s. DCF 57.09 (1) (a) 3. The description shall include all of the following:

DCF 57.26(4)(f)1. 1. The name and age of each resident involved.

DCF 57.26(4)(f)2. 2. The date, time, and location of the incident.

DCF 57.26(4)(f)3. 3. The legal name and job title of each staff member involved in the restraint and the name of any other person who witnessed the use of the restraint with a description of their role in the group home.

DCF 57.26(4)(f)4. 4. Circumstances leading up to the use of restraint, the behavior that prompted the restraint, efforts made to de-escalate the situation, and the alternatives to restraint that were attempted.

DCF 57.26(4)(f)5. 5. A description of the administration of the restraint, including the holds used and the reasons the holds were necessary.

DCF 57.26(4)(f)6. 6. The beginning and ending time of the restraint and how the restraint ended.

DCF 57.26(4)(f)7. 7. Behavior of the resident during and after the use of the restraint.

DCF 57.26(4)(f)8. 8. Any injuries sustained by a resident, staff member, or other person and any medical care provided, including the name and title of the person providing the care.

DCF 57.26(4)(f)9. 9. Any follow-up debriefing provided to residents, staff members, and others.

DCF 57.26(5) (5) Procedures. A licensee shall create written procedures on all of the following:

DCF 57.26(5)(a) (a) Trauma-informed methods for staff members to follow to de-escalate a resident.

DCF 57.26(5)(b) (b) The use of a physical restraint under sub. (4).

DCF 57.26 History History: CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

DCF 57.27 DCF 57.27 Resident activities.

DCF 57.27(1) (1) Scheduling. A licensee shall establish and implement a daily schedule for all residents.

DCF 57.27(2) (2) Activities. A resident shall have access to activities based on their interests, including all of the following:

DCF 57.27(2)(a) (a) Leisure-time activities.

DCF 57.27(2)(b) (b) Opportunities to engage in social and recreational activities in the community.

DCF 57.27(2)(c) (c) Cultural and ethnic activities.

DCF 57.27(2)(d) (d) Vocational or volunteer activities.

DCF 57.27(2)(e) (e) Educational activities.

DCF 57.27(2)(f) (f) Religious training and practice.

DCF 57.27 History History: CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

DCF 57.28 DCF 57.28 Promoting normalcy.

DCF 57.28(1) (1) Definitions. In this section:

DCF 57.28(1)(a) (a) “Age or developmentally appropriate” means to be generally accepted as suitable for children of a given 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 a given age or age group or, in the case of a specific resident, activities that are suitable for the resident based on the cognitive, emotional, physical, and behavioral capacities of that resident.

DCF 57.28(1)(b) (b) “Normalcy” means a resident’s ability to easily engage in healthy and age or developmentally appropriate activities that promote their well-being, such as participation in social, scholastic, and enrichment activities.

DCF 57.28(1)(c) (c) “RPPS decision-maker” means a staff member who has successfully completed training on the application of the reasonable and prudent parent standard and makes reasonable and prudent parenting decisions under this section.

DCF 57.28(2) (2) Similar to peers. A licensee shall promote normalcy and the healthy development of a resident by supporting the resident’s right to participate in extracurricular, enrichment, cultural, religious, and social activities and to have experiences that are similar to those of the resident’s peers of the same age, maturity, or development.

DCF 57.28(3) (3) RPPS decision-maker.

DCF 57.28(3)(a) (a) A staff member shall have access at all times to at least one RPPS decision-maker who is employed at the group home.

DCF 57.28(3)(b) (b) An RPPS decision-maker shall have knowledge of a resident and access to the resident’s treatment plan and other resident records under s. DCF 57.21 related to the decision-making factors in sub. (4) (b).

DCF 57.28(3)(c) (c) 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 group home in lieu of the resident’s parent, guardian, legal custodian, or Indian custodian. The completed form shall be placed in the resident’s record under s. DCF 57.21 (1) (m).

DCF 57.28 Note Note: DCF-F-5124-E, Reasonable and Prudent Parent Decision Record, is available in the forms section of the department website at https://dcf.wisconsin.gov/forms.

DCF 57.28(4) (4) Reasonable and prudent parent standard.

DCF 57.28(4)(a) (a) Promote normalcy. An RPPS decision-maker shall promote normalcy for a resident by using the reasonable and prudent parent standard when making a decision about a resident’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities.

DCF 57.28(4)(b) (b) Decision-making factors. When applying the reasonable and prudent parent standard, the RPPS decision-maker shall consider all of the following:

DCF 57.28(4)(b)1. 1. The resident’s treatment plan.

DCF 57.28(4)(b)2. 2. The health, safety, and best interests of the resident.

DCF 57.28(4)(b)3. 3. The physical and emotional developmental level of the resident.

DCF 57.28(4)(b)4. 4. The resident’s wishes, as gathered by engaging the resident in an age-appropriate discussion about participation in the activity.

DCF 57.28(4)(b)5. 5. The cultural, religious, and tribal values of the resident and the resident’s family. If reasonably possible to do so, the RPPS decision-maker shall consult with the resident’s parent, guardian, legal custodian, or Indian custodian about the resident’s participation in extracurricular, enrichment, cultural, and social activities and the resident’s cultural, religious, and tribal values in making decisions concerning the resident’s participation in those activities, but the RPPS decision-maker is not required to consult with the parent, guardian, legal custodian, or Indian custodian about every decision affecting the resident. If the RPPS decision-maker is unable to consult with the resident’s parent, guardian, legal custodian, or Indian custodian, they shall consult with the placing agency about any cultural, religious, or tribal values to be considered.

DCF 57.28(4)(b)6. 6. Court orders and other legal considerations affecting the resident, including the prohibitions in par. (f).

DCF 57.28(4)(b)7. 7. Potential risks of the activity under consideration.

DCF 57.28(4)(b)8. 8. Whether the resident has the necessary training and safety equipment to safely participate in the activity under consideration.

DCF 57.28(4)(b)9. 9. Whether participating in the activity will provide experiences that are similar to the experiences of other residents in the group home.

DCF 57.28(4)(b)10. 10. Developmental activities of peers.

DCF 57.28(4)(b)11. 11. Information on the forms required under ch. DCF 37.

DCF 57.28 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.

DCF 57.28(4)(c) (c) Indian child. If the resident is an Indian child, the supervising agency shall ask the resident’s parent, guardian, legal custodian, or Indian custodian and the Indian child’s tribe about specific tribal values and customs and provide this information to the RPPS decision-maker.

DCF 57.28(4)(d) (d) Conflicting appointments. If an activity that promotes normalcy conflicts with a scheduled family interaction, therapy, or other appointment, the RPPS decision-maker shall consult with the resident’s child welfare professional about whether the activity may be accommodated.

DCF 57.28(4)(e) (e) Resident’s hair.

DCF 57.28(4)(e)1. 1. If a resident is under 12 years of age, the following provisions apply regarding the resident’s hair:

DCF 57.28(4)(e)1.a. a. The RPPS decision-maker may not provide hair care or authorize any hair care services that would significantly change the style, cut, or color of the resident’s hair without permission from the resident’s parent, guardian, legal custodian, or Indian custodian.

DCF 57.28(4)(e)1.b. b. The RPPS decision-maker may provide hair care or authorize hair care services needed to maintain the style, cut, and color of the resident’s hair.

DCF 57.28(4)(e)2. 2. A resident who is 12 years of age or older may make their own hair care decisions without authorization from the RPPS decision-maker or the resident’s parent, guardian, legal custodian, or Indian custodian.

DCF 57.28(4)(f) (f) Prohibitions. A RPPS decision-maker may not do any of the following:

DCF 57.28(4)(f)1. 1. Permit a resident to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.

DCF 57.28(4)(f)2. 2. Make decisions that conflict with the resident’s permanency plan or family interaction plan.

DCF 57.28(4)(f)3. 3. Consent to the resident’s marriage.

DCF 57.28(4)(f)4. 4. Authorize the resident’s enlistment in the U.S. armed forces.

DCF 57.28(4)(f)5. 5. Authorize medical, psychiatric, or surgical treatment for the resident beyond the terms of the consent for medical services authorized by the resident’s parent, guardian, legal custodian, or Indian custodian.

DCF 57.28(4)(f)6. 6. Represent the resident in legal actions or make other decisions of substantial legal significance.

DCF 57.28(4)(f)7. 7. Determine which school the resident attends or make a decision concerning the resident regarding an educational right or requirement that is provided in federal or state law.

DCF 57.28(4)(f)8. 8. Require or prohibit a resident’s participation in an age or developmentally appropriate activity solely for convenience or based solely on the RPPS decision-maker’s own values.

DCF 57.28(4)(g) (g) Procedure. A licensee shall develop a written procedure that specifies how staff members are to comply with the requirements in this section.

DCF 57.28 History History: CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

DCF 57.29 DCF 57.29 Health.

DCF 57.29(1) (1) Consent. Any medical examination or service provided to a resident shall be provided only by an individual licensed to perform the examination or service being provided. Before an examination or service is provided, written consent to perform the examination or service shall be obtained pursuant to the applicable law relating to the type of service and the age of the resident.

DCF 57.29 Note Note: DCF-F-CFS2379-E, Medical Services Consent – Child Welfare Facilities, is available in the forms section of the department website at https://dcf.wisconsin.gov/forms.

DCF 57.29(2) (2) Health care.

DCF 57.29(2)(a) (a) A licensee shall provide each resident with necessary and preventative medical, dental, and optical care consistent with the resident’s age-based periodicity schedule and whenever additional care is needed.

DCF 57.29(2)(b) (b) A licensee shall provide each resident with mental health care as needed based on the resident’s treatment plan and the recommendation of the resident’s mental health provider.

DCF 57.29(2)(c) (c) A licensee may not deny a resident access to confidential family planning and reproductive health services. 

DCF 57.29(3) (3) Medication storage. The licensee shall comply with all of the following requirements for storing medication:

DCF 57.29(3)(a) (a) Medication, including over-the-counter medication, shall be kept in the container in which it was purchased or prescribed.