Court orders and other legal considerations affecting the child, including the prohibitions in sub. (5)
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.
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.
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.
Any other concerns regarding the safety of the child, other children in the shelter care facility, or the community.
DCF 59.055 Note
The forms required under ch. DCF 37
are DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A
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.
An RPPS decision maker may not do any of the following:
Permit a child to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.
Make a decision that conflicts with the child's permanency plan or family interaction plan.
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.
Represent the child in legal actions or make other decisions of substantial legal significance.
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
For example, only a parent or guardian can make decisions about a child's individualized educational program under s. 115.787
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)
(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:
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.
How information on a child on the forms under s. DCF 59.07 (1) (a)
will be used to make reasonable and prudent parenting decisions for a child under this section.
How the shelter care facility will ensure the presence on-site of at least one RPPS decision maker at all times.
A process for annually reviewing the parameters and requirements of the reasonable and prudent parent standard, in conjunction with facility
corresponding policies and procedures.
DCF 59.055 Note
DCF-F-5123-E, Reasonable and Prudent Parent Standard Review
, is an optional form that a shelter care facility may use to assist with the annual review. The form 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 History
: emerg. cr., eff. 11-18-16; CR 16-051
: cr. Register July 2017 No. 739
, eff. 8-1-17.
A shelter care facility shall require each shift of shelter care workers and RPPS decision makers to use a communication log to document and communicate with other shelter care workers and RPPS decision makers about children whom they supervise in common. The communication log shall include all of the following for each shift:
Reasonable and prudent parenting all requests and decisions made for children under s. DCF 59.055
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.
A shelter care facility may designate units within the facility and require shelter care workers and RPPS decision makers to use a separate communication log in each unit.
A shelter care facility shall have policies and procedures that ensure clear communication between shelter care workers and RPPS decision makers on one shift and shelter care workers and RPPS decision makers who supervise the same children on the next shift. The policies and procedures shall specify the types of significant incidents that are required to be documented in the communication log under sub. (1) (b)
DCF 59.057 History
: emerg. cr., eff. 11-18-16; CR 16-051
: cr. Register July 2017 No. 739
, eff. 8-1-17.
DCF 59.06 Physical plant and environment. DCF 59.06(2)
(2) Building site location.
In the judgment of the department, the location of the facility shall be related to the program offered and age, sex, needs and interest levels of the residents. Factors to be considered in determining the acceptability of the location shall include: access to educational, recreational, religious, shopping, and cultural opportunities; health resources; access to public or private utilities and services such as safe water supply, sewage disposal, fire and police protection.
(3) General building requirements.
The shelter care facility and grounds shall be maintained in a clean, safe and sanitary condition and a good state of repair.
There shall be at least 200 square feet of living space for each resident of the facility. “Living space" excludes unfinished basements, attics, garages, or similar areas not usually occupied by residents in daily living.
There shall be at least 55 square feet of floor space in a bedroom designed for only one child, 50 square feet of floor space for each child in a bedroom occupied by 2 children and 45 square feet of floor space for each child in a bedroom occupied by 3 or 4 children.
A hold-over room licensed for the first time on or after January 1, 1994 shall have at least 60 square feet of living space for one occupant and at least 100 square feet of living space for 2 occupants.
Regular sleeping provisions for children shall not be in any building, apartment, or other structure which is separate from the shelter care facility.
Children shall not be permitted to sleep in an unfinished attic, in an unfinished basement, or in a hall or any other room which is normally used for other than sleeping purposes.
Children with handicaps limiting mobility shall not be permitted to sleep in finished basement rooms or in bedrooms above the second floor.
DCF 59.06 Note
Note: “Handicaps limiting mobility" means any mental, developmental, or physical disability which restricts the child's mobility or ability to function without supervision.
Children shall not be permitted to sleep in finished basement rooms unless provisions have been made for heating, ventilation and humidity control and there are 2 means of exit from the basement, at least one of which will open to the outside.
Children shall not be permitted to sleep in bedrooms above the second floor of a one or 2 family dwelling unless provisions have been made for heating and ventilation and there are at least 2 means of exit to grade level.
No child in shelter care shall be required to sleep in a bed with an adult.
No child in shelter care shall be permitted to share a bedroom with a child of the opposite sex.
Children of the shelter care workers shall not be displaced and permitted to occupy sleeping quarters not acceptable for shelter care children except as indicated in other sections of these rules.
No child in shelter care shall be required to share a bedroom with a shelter care worker or a hold-over room attendant.
During sleeping hours a shelter care worker or relief help or, for a hold-over room, a hold-over room attendant, shall be within call of the child or children.
There shall be a quiet area in the home suitable for study, or simply being alone.
Space shall be provided where children may receive and talk with visitors privately.
In family and small group shelter facilities, dining facilities shall be such as to permit all members of the household to sit down to meals together.
In large group shelter facilities dining facilities shall be provided with sufficient space and equipment to serve all the residents.
The unit supervisor of a hold-over room shall arrange for nutritious meals for the occupant or occupants held in a hold-over room over a meal period or when the occupant or occupants have not had the most recent meal, and shall provide the occupant or occupants a snack between lunch and supper and at night before the occupant or occupants go to sleep.
The facility shall contain one complete bathroom including stool, washbowl, and tub or shower, for each 8 individuals residing there.
Bathroom facilities shall be within the facility and within one floor of sleeping room occupied by children.
In large group shelter facilities separate bathroom facilities shall be provided for both sexes if the facility is co-educational.
A hold-over room shall have bathroom facilities available on the premises that are accessible at any time to a child placed in the hold-over room.
(9) Indoor recreation area.
Indoor recreation equipment and space appropriate to the age and interest levels of children shall be provided.
The living area shall be adequately furnished and allow for free and informal use by the children.
Each child in shelter care shall be provided with a separate bed except that siblings of the same sex may share a double bed.
Each bed shall be of such size as to ensure comfort of the child, be in good condition, have a clean and comfortable mattress with waterproof covering when necessary, and be provided with a pillow, 2 sheets, bedspread and blankets adequate for the season.
All sheets and pillow cases shall be changed at least once a week, more often if necessary and when the bed is occupied by a new resident.
An adequate supply of clean wash cloths, and bath towels shall be available to each child.
A hold-over room shall have a table. The hold-over room shall also have a chair for each occupant. Where necessary, comfortable sleeping accommodations shall be provided for each occupant.
The kitchen shall be of adequate size and equipped with adequate household appliances and utensils to meet the needs of residents.
Dishes, silverware, utensils and food shall be maintained and stored in clean and sanitary manner.
Private or public laundry facilities shall be available to meet the needs of all residents.
Any laundry equipment in the facility shall be installed and vented in accordance with the manufacturer's recommendations.
The shelter care facilities shall have sufficient storage space to accommodate, within reason, each child's clothing and other belongings.
All medicines shall be labeled and stored in a locked compartment designated for this use only except that medicines requiring refrigeration shall be properly stored and clearly labeled. All outdated medicines shall be destroyed.
Provisions shall be made for the safe storage of potentially dangerous items.
A telephone shall be provided with emergency instructions posted nearby for fire, police and medical assistance. A telephone in a locked room or requiring payment to reach the operator shall not satisfy this requirement.