Section 938.383. Reasonable and prudent parent standard.

 

(1)   Use of standard by out-of-home care providers. An out-of-home care provider shall use the reasonable and prudent parent standard in making decisions concerning a juvenile's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. In making decisions using the reasonable and prudent parent standard, an out-of-home care provider shall consider the restrictiveness of the juvenile's placement and whether the juvenile has the necessary training and safety equipment to safely participate in the activity under consideration and may not make any decision that is in violation of any court order or any state or federal law, rule, or regulation.

(2)   Juvenile-specific considerations required.

(a) At the time of placement of a juvenile with an out-of-home care provider, the agency that places, or that arranges the placement of, the juvenile or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 (2) (b) 6g. provide to the out-of-home care provider the information that is required to be provided to an out-of-home care provider under the rules promulgated under s. 895.485 (4) (a) and information that is specific to the juvenile for the out-of-home care provider to consider in making reasonable and prudent parenting decisions concerning the juvenile's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. In preparing that information or any revisions of that information, the agency shall do all of the following:

1. If reasonably possible to do so, consult with the juvenile's parent and other members of the juvenile's family concerning the juvenile's participation in extracurricular, enrichment, cultural, and social activities and the juvenile's cultural, religious, and tribal values and advise the parent that those values will be considered, but will not necessarily be the determining factor, in making decisions concerning the juvenile's participation in those activities.

2. Consult with the juvenile in an age-appropriate manner about the opportunities of the juvenile to participate in age or developmentally appropriate activities.

(b) At the time of placement of a juvenile with an out-of-home care provider, the agency providing the information under par. (a) shall explain to the out-of-home care provider the parameters of the considerations that the out-of-home care provider is required to take into account when making decisions concerning the juvenile's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. In explaining those parameters, the agency shall explain the considerations and prohibitions specified in sub. (1) and shall advise the out-of-home care provider that in case of any disagreement over the application of the reasonable and prudent parent standard, the agency having placement and care responsibility for the juvenile is ultimately responsible for decisions concerning the care of the juvenile.

(c) In preparing or revising the permanency plan for a juvenile, the agency responsible for preparing or revising the permanency plan shall consult with the juvenile and the juvenile's parent as provided in par. (a) 1. and 2. At the time the permanency plan is prepared and each time the permanency plan is revised, that agency shall explain to the out-of-home care provider the parameters of the considerations that the out-of-home care provider is required to take into account when making decisions concerning the juvenile's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities as provided in par. (b) .

(3)   Rules. The department of children and families shall promulgate rules to implement this section.

2015 a. 128 .