Lock layer visibility on. Prevent user from toggling layer. HTML5

This is for the HTML5 viewer.

We have a WMS that will not toggle off.  (This seems to be a common issue for WMS layers.)  The WMS layer does toggle off if the parent folder is toggled off.  Is there a way to lock the WMS layer as toggled on so the user has to toggle the layer on and off with the parent folder?  We still want the WMS layer in the tree so the legend swatch display is usable without having to switch to the legend view from the menu.

The current solution is to hide the WMS layer from the tree.  Name the parent folder the name of the layer.  To the user this makes it appear they are toggling the layer itself, but they are really toggling the parent folder.  The only issue with this setup is the legend swatch is lost and the user must change to the legend view to see the legend for the hidden layer.