§ 17a-114d — Caregiver authority. Reasonable and prudent parent standard. Liability.

(a) For purposes of this section: (1) “Caregiver” means (A) a person who holds a license issued by the Department of Children and Families to provide foster care, (B) a person who has been approved to provide foster care by a child-placing agency licensed pursuant to section 17a-149 , (C) a relative or fictive kin caregiver, as defined in section 17a-114 , or (D) an operator or official of a child-placing agency licensed pursuant to section 17a-149 in which a child has been placed; (2) “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; (3) “Normal childhood activities” means extracurricular, enrichment and social activities that may include, but not be limited to, overnight activities outside the direct supervision of the caregiver for periods of up to forty-eight hours; and (4) “Age appropriate or developmentally appropriate” means (A) activities or items that are generally accepted as suitable for children of the same chronological age or maturity level or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; or (B) in the case of a specific child, activities or items that are suitable for such child based on such child's cognitive, emotional, physical and behavioral capacities. (b) A caregiver shall have the authority, without prior approval of the department, Probate Court or Superior Court, to allow a child in his or her care that is the subject of a service plan or safety plan to participate in normal childhood activities that are age appropriate or developmentally appropriate for such child based on a reasonable and prudent parent standard, provided (1) such activities comply with provisions included in any existing service plan or safety plan established by the department or court order, and (2) the parent or guardian of such child or youth shall be afforded an opportunity to provide input into the development of such service plan or safety plan. The Commissioner of Children and Families shall promulgate department policy to provide guidance to caregivers concerning the reasonable and prudent parent standard. Such guidance shall include factors for the caregiver to consider prior to allowing a child to participate in age appropriate or developmentally appropriate activities, including, but not limited to, the child's age, maturity, mental and physical health, developmental level, behavioral propensities and aptitude. The commissioner shall notify each caregiver of the department policy promulgated pursuant to this subsection. (c) (1) A representative of the department shall document the child's interest in and pursuit of normal childhood activities during regular home visits and document the child's participation in normal childhood activities that are age appropriate or developmentally appropriate in such child's service plan or safety plan. (2) A representative of the department shall document a child's interest in and pursuit of normal childhood activities that are age appropriate or developmentally appropriate during regular meetings with the parents of such child. A representative of the department shall communicate to the caregiver of such child the opinions of the parents of such child regarding the child's participation in normal childhood activities so that the caregiver may consider the opinions of the parents of such child in the provision of care to the child. (d) The department, caregiver, child-placing agency or child care facility, as defined in section 17a-93 , or any other private entity under contract with the state shall not be liable for any injury to a child that occurs as a result of a caregiver allowing a child to participate in normal childhood activities pursuant to subsection (b) of this section, unless the acts or omissions of the department, caregiver, child-placing agency or child care facility or any other private entity under contract with the state that cause such injury constitute gross, wilful or wanton negligence. The provisions of this subsection shall not be construed to remove or limit any existing liability protection afforded by law. (e) Any private entity that contracts with the department to provide placement services to children in the legal custody of the department shall have policies consistent with this section. Policies that are not consistent with this section include those that are incompatible with, contradictory to or more restrictive than those provided in this section.

Legislative History

(P.A. 15-199, S. 1.) History: P.A. 15-199 effective July 1, 2015.