Wisconsin Legislature: 001 - EmR1633 Rule Text

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 DCF 52.22 (3) (b) is repealed and recreated to read: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.

(d) Staff arrival and departure times.

SECTION 9. DCF 52.415 is created to read:

DCF 52.415 Promoting normalcy. (1) Similar to peers. A residential care center shall promote normalcy and the healthy development of a resident by supporting the resident’s right to participate in extracurricular, enrichment, cultural, and social activities and have experiences that are similar to peers of the same age, maturity, or development.

(2) RPPS decision maker. (a) A residential care center shall ensure the presence on-site of at least one RPPS decision maker at all times to make decisions regarding the participation of a resident in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities.

(b) An RPPS decision maker may be a licensee, authorized representative of the licensee, or any staff person specified in s. DCF 52.12 (1) (a) 1. to 5. A resident care worker may be an RPPS decision maker only if he or she has been employed for at least 3 months or 240 hours.

(c) An RPPS decision maker shall have knowledge of a resident and access to the resident’s treatment plan and other resident case records under s. DCF 52.49 related to the decision-making factors in sub. (4).

(d) An RPPS decision maker shall document all decisions made under this section in the communication log under s. DCF 52.41 (1m).

(e) 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 center in lieu of the resident’s parent or guardian. The completed form shall be placed in the resident’s case record under s. DCF 52.49 (2) (b).

Note: DCF-F-5124-E, Reasonable and Prudent Parent Decision Record, 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.

(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:

(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.

1. Activities related to transportation, such as obtaining a driver’s license, driving, or carpooling with peers and other adults.

2. Formal or informal employment and related activities, such as opening an account in a bank or credit union.

3. Activities related to peer relationships, such as visiting with friends, staying overnight at a friend’s house, or dating.

4. Activities related to personal expression, such as haircuts; hair dying; clothing choices; or sources of entertainment, including games and music.

(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:

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.

2. Activities that are suitable based on this resident’s cognitive, emotional, physical, and behavioral capacities.

Note: The reasonable and prudent parent standard does not apply to a child receiving respite care services.

(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:

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

1. The resident’s treatment plan.

2. The resident’s wishes, as gathered by engaging the resident in an age-appropriate discussion about participation in the activity.

3. The age, maturity, and development of the resident.

4. Whether participating in the activity is in the best interest of the resident.

5. The resident’s behavioral history.

6. Court orders and other legal considerations affecting the resident, including the prohibitions in sub. (5).

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.

(b) Activity-specific factors, including all of the following:

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.

2. How the activity will help the resident grow.

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.

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.

(c) Any other concerns regarding the safety of the resident, other residents in the residential care center, or the community.

(d) Information on the forms required under ch. DCF 37.

(5) Prohibitions. An RPPS decision maker may not do any of the following:

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

(b) Make a decision that conflicts with the resident’s permanency plan or family interaction plan.

(d) Authorize the resident’s enlistment in the U.S. armed forces.

(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.

(f) Represent the resident in a legal action or make a decision of substantial legal significance.

(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.

Note: For example, only a parent or guardian can make decisions about a resident’s individualized educational program under s. 115.787, Stats.

(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).

SECTION 10. DCF 52.49 (2) (b) 1. dm. is created to read:

DCF 52.49 (2) (b) 1. dm. Reasonable and prudent parenting decision records required under s. DCF 52.415 (2) (e).

SECTION 11. DCF 52.62 (8) (b) is amended to read:

DCF 52.62 (8) (b) The request for a hearing shall be in writing and shall be filed with the department of administration’s division of hearings and appeals within 10 days after the date on the notice of the department’s refusal to issue a license or the department’s revocation of a license. A request for a hearing is considered filed upon its receipt by the department of administration’s division of hearings and appeals.

SECTION 12. DCF 54.02 (3m) is renumbered DCF 54.02 (3m) (a).

SECTION 13. DCF 54.02 (3m) (a) (title) is created to read:

DCF 54.02 (3m) (a) (title) Grounds.