1. (1) Definitions. In this section:

   1. (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.
   2. (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.
   3. (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.
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.

3. (3) RPPS decision-maker.

   1. (a) A staff member shall have access at all times to at least one RPPS decision-maker who is employed at the group home.
   2. (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).

   3. (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).

      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.

4. (4) Reasonable and prudent parent standard.

   1. (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.

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

      1. 1. The resident’s treatment plan.
      2. 2. The health, safety, and best interests of the resident.
      3. 3. The physical and emotional developmental level of the resident.
      4. 4. The resident’s wishes, as gathered by engaging the resident in an age-appropriate discussion about participation in the activity.
      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.
      6. 6. Court orders and other legal considerations affecting the resident, including the prohibitions in par. (f).
      7. 7. Potential risks of the activity under consideration.
      8. 8. Whether the resident has the necessary training and safety equipment to safely participate in the activity under consideration.
      9. 9. Whether participating in the activity will provide experiences that are similar to the experiences of other residents in the group home.
      10. 10. Developmental activities of peers.

      11. 11. Information 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.

   3. (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.
   4. (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.

   5. (e) Resident’s hair.

      1. 1. If a resident is under 12 years of age, the following provisions apply regarding the resident’s hair:

         1. 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.
         2. 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.
      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.

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

      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.
      2. 2. Make decisions that conflict with the resident’s permanency plan or family interaction plan.
      3. 3. Consent to the resident’s marriage.
      4. 4. Authorize the resident’s enlistment in the U.S. armed forces.
      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.
      6. 6. Represent the resident in legal actions or make other decisions of substantial legal significance.
      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.
      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.
   7. (g) Procedure. A licensee shall develop a written procedure that specifies how staff members are to comply with the requirements in this section.

History

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