Home Study
The rule-making order also incorporates into the foster care and child-placing agency rules the provision in 2015 Wisconsin Act 378 that requires that an agency use all components of a standardized assessment tool prescribed by the department to conduct a home study required for approval of a placement for adoption, recognition of a foreign adoption, and issuance of a license to operate a foster home. The standardized assessment tool prescribed by the department is Structured Analysis Family Evaluation (SAFE). Summary of Factual Data and Analytical Methodologies
The rule is based on information provided to states to assist with implementation of the federal requirement that out-of-home care providers use the reasonable and prudent parent standard to support normalcy for children in out-of-home care by promoting participation in age or developmentally appropriate activities.
Summary of Related Federal Law
One of the purposes of the “Preventing Sex Trafficking and Strengthening Families Act” (Public Law 113-183) is to prevent and address sex trafficking of children who are in out-of-home care. Section 111 of the Act on “Supporting Normalcy for Children in Foster Care” requires states to promote participation of children in out-of-home care in age or developmentally appropriate activities and to permit out-of-home care providers to use the reasonable and prudent parent standard when determining whether to consent to a child’s participation in these activities. These requirements are conditions of federal funding for a state’s out-of-home programs under Title IV-E of the Social Security Act (42 USC 670 to 42 USC 679c). Definitions used in Title IV-E, 42 USC 675, as affected by The “Preventing Sex Trafficking and Strengthening Families Act” (Public Law 113-183): Reasonable and prudent parent standard: The term “reasonable and prudent parent standard” means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child. This standard is to be used when the out-of-home care provider is determining whether to allow a child in out-of-home care to participate in extracurricular, enrichment, cultural, and social activities. 42 USC 675 (10). Age or developmentally-appropriate: The term “age or developmentally-appropriate” means activities or items that meet either of the following conditions:
• Activities or items 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 development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group.
• In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child. 42 USC 675 (11) (A). State Plan Requirements for Title IV-E funding of a state’s out-of-home care programs, 42 USC 671, as affected by The “Preventing Sex Trafficking and Strengthening Families Act” (Public Law 113-183): Training
Before a child is placed with prospective foster parents, the prospective foster parents shall receive training on the reasonable and prudent parent standard for the participation of the child in age or developmentally-appropriate activities. The training shall include the following:
• Knowledge and skills relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child.
• Knowledge and skills relating to applying the standard to decisions such as whether to allow the child to engage in social, extracurricular, enrichment, cultural, and social activities, such as sports, field trips, and overnight activities that last one or more days and involve the signing of permission slips and arranging of transportation for the child to and from these activities. 42 USC 671 (a) (24). Licensing Standards
(A) Foster family homes and child care institutions which are reasonably in accord with recommended standards of national organizations concerned with standards for the institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights, and which shall permit use of the reasonable and prudent parent standard;
(B) The standards established pursuant to subparagraph (A) shall be applied by the State to any foster family home or child care institution receiving funds under this part or part B of this subchapter and shall require, as a condition of each contract entered into by a child care institution to provide foster care, the presence on-site of at least 1 official who, with respect to any child placed at the child care institution, is designated to be the caregiver who is authorized to apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally-appropriate activities, and who is provided with training in how to use and apply the reasonable and prudent parent standard in the same manner as prospective foster parents are provided the training pursuant to paragraph (24);
(C) The standards established pursuant to subparagraph (A) shall include policies related to the liability of foster parents and private entities under contract by the State involving the application of the reasonable and prudent parent standard, to ensure appropriate liability for caregivers when a child participates in an approved activity and the caregiver approving the activity acts in accordance with the reasonable and prudent parent standard.
Comparison to Adjacent States
Federal law requires all states to comply with requirements relating to the reasonable and prudent parent standard and to have a process for determining approval for foster and adoptive parents.
Effect on Small Businesses
The proposed rules will affect small businesses as defined in s. 227.114 (1), Stats., but will not have a significant economic effect on small businesses, including residential care centers, group homes, and child-placing agencies. Analysis Used to Determine Effect on Small Businesses
The rules implement statutory requirements.
Agency Contacts
SECTION 1. DCF 52.03 (1m), (5m), (16m), (21g), (22m), and (23m) are created to read:
DCF 52.03 (1m) “Age or developmentally appropriate activities” means activities that are 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.
(5m) “Family interaction plan” means a plan developed by a placing agency to promote a resident’s interaction with members of the resident’s family and includes interaction by face-to-face contact; telephone calls; letters; emails; and attendance at routine activities, such as counseling sessions, medical appointments, school events, and faith-related activities.
(16m) “Normalcy” means a resident’s ability to easily engage in healthy and age or developmentally appropriate activities that promote his or her well-being, such as participation in social, scholastic, and enrichment activities.
(21g) “Reasonable and prudent parent standard” means a standard for use in making decisions concerning a resident’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities 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.
(23m) “RPPS decision maker” means an individual who has successfully completed training on the application of the reasonable and prudent parent standard and makes reasonable and prudent parenting decisions under s. DCF 52.415. SECTION 2. DCF 52.12 (5) (gm) and (10) (a) 12. are created to read:
DCF 52.12 (5) (gm) RPPS decision makers. A center shall ensure that an individual specified in s. DCF 52.415 (2) (b) successfully completes training on the application of the reasonable and prudent parent standard prior to making reasonable and prudent parenting decisions. (10) (a) 12. For RPPS decision makers, documentation of the training under sub. (5) (gm).
SECTION 3. DCF 52.22 (2) (a) is renumbered 52.22 (2) (am) and DCF 52.22 (2) (am) (intro.), as renumbered, is amended to read:
DCF 52.22 (2) (am) (intro.) Based on the initial assessment under sub. (1) (intro.), the The treatment plan for a new resident shall address the resident’s strengths and weaknesses in all of the following areas:
SECTION 4. DCF 52.22 (2) (ag) is created to read:
DCF 52.22 (2) (ag) The treatment plan for a new resident shall be based on the initial assessment under sub. (1) (intro.) and incorporate information documented on the forms required under ch. DCF 37. 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. SECTION 5. DCF 52.22 (3) (b) is repealed and recreated to read:
DCF 52.22 (3) (b) At least once every 3 months, the center shall conduct a treatment plan review that includes a review of reasonable and prudent parenting requests and decisions made for a resident and the resident’s progress toward meeting treatment plan goals. If available, the individuals who participated in the development of the resident’s assessment and treatment plan shall be invited to participate in the review.
SECTION 6. DCF 52.22 (3) (bm) is created to read:
DCF 52.22 (3) (bm) The center shall conduct a treatment plan review and revise the treatment plan as needed, consistent with the resident’s needs, treatment plan goals, and the permanency planning goals of the placing person or agency.
SECTION 7. DCF 52.41 (1) (intro.) is amended to read:
DCF 52.41 (1) (intro.) PROGRAM STATEMENT AND OPERATING PLAN. Each center shall have a written program statement describing center treatment purpose, philosophy, approach and methods used, and services available, and as well as a written operating plan describing available treatment and services as specified under pars. (a) to (c) (d). A center shall give a copy of the current center program statement and, upon request, the center operating plan, and all updates, to each resident’s placing person or agency and, if not the same, the resident’s parents or guardian and legal custodian, if any. A center’s operating plan shall describe all of the following:
SECTION 8. DCF 52.41 (1) (d) and (1m) are created to read:
DCF 52.41 (1) (d) Reasonable and prudent parent standard. Policies and procedures on how the center complies with the requirements of the reasonable and prudent parent standard, including all of the following:
1. How the communication log under sub. (1m) will be used to inform different shifts of resident care workers and RPPS decision makers of reasonable and prudent parenting requests and decisions made for a resident under s. DCF 52.415. 2. How the information on the forms required under ch. DCF 37 will be incorporated into a new resident’s treatment plan, as required under s. DCF 52.22 (2) (ag). 3. How the center will ensure the presence on-site of at least one RPPS decision maker at all times.
4. A process for annually reviewing the parameters and requirements of the reasonable and prudent parent standard in conjunction with the center’s corresponding policies and procedures.
Note: DCF-F-5123-E, Reasonable and Prudent Parent Standard Review, is an optional form that a center 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.
(1m) Communication log. A residential care center shall require each shift of resident care workers and RPPS decision makers to use a communication log to document and communicate with other resident care workers and RPPS decision makers about residents whom they supervise in common. The communication log shall include all of the following for each shift:
(a) Each resident’s location, behavior, and program participation.
(b) Significant incidents involving a resident as provided in sub. (1) (a) 10. and the center’s corresponding policy.
(c) Reasonable and prudent parenting requests and decisions made for residents under s. DCF 52.415. (d) Staff arrival and departure times.
SECTION 9. DCF 52.415 is created to read:
