§ 383-a. Immunity from liability for application of the reasonable and\nprudent parent standard.
1.Legislative intent. It is the intent of the\nlegislature to promote a safe and nurturing environment for children in\nfoster care that, among other things, allows them to engage in age and\ndevelopmentally appropriate activities with their peers. It is also the\nintent of the legislature to encourage caregivers to allow foster\nchildren to participate in such activities by providing training,\nguidance, and appropriate liability protections when caregivers make\nreasonable and prudent decisions with regard to such activities. It is\nnot the intent of the legislature to relieve caregivers or any other\nperson of any duty or responsibility owed to a foster child.\n 2. Definitions. As used i
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§ 383-a. Immunity from liability for application of the reasonable and\nprudent parent standard. 1. Legislative intent. It is the intent of the\nlegislature to promote a safe and nurturing environment for children in\nfoster care that, among other things, allows them to engage in age and\ndevelopmentally appropriate activities with their peers. It is also the\nintent of the legislature to encourage caregivers to allow foster\nchildren to participate in such activities by providing training,\nguidance, and appropriate liability protections when caregivers make\nreasonable and prudent decisions with regard to such activities. It is\nnot the intent of the legislature to relieve caregivers or any other\nperson of any duty or responsibility owed to a foster child.\n 2. Definitions. As used in this section, the following terms shall\nhave the following meanings:\n (a) "Caregiver" shall mean the following person or entity at the time\nthat such person or entity was responsible for the care of the foster\nchild or children:\n (i) a foster parent who has been trained in the reasonable and prudent\nparent standard in accordance with 42 U.S.C. 671 as amended by P.L.\n113-183 and the regulations of the office of children and family\nservices; or\n (ii) the employee of a child care facility operated by an authorized\nagency that is designated to apply the reasonable and prudent parent\nstandard who has been trained in the reasonable and prudent parent\nstandard in accordance with 42 U.S.C. 671 as amended by P.L. 113-183 and\nthe regulations of the office of children and family services.\n (b) "Child" shall mean a child who is in foster care or who was in\nfoster care at the time the reasonable and prudent parent standard was\napplied.\n (c) "Child care facility" shall mean an institution, group residence,\ngroup home, agency operated boarding home, or supervised setting,\nincluding a supervised independent living program.\n (d) "Reasonable and prudent parent standard" shall mean, in accordance\nwith 42 U.S.C. 675 as amended by P.L. 113-183, the standard\ncharacterized by careful and sensible parental decisions that maintain\nthe health, safety, and best interests of a child while at the same time\nencouraging the emotional and developmental growth of the child that a\ncaregiver shall use when determining whether to allow a child in foster\ncare to participate in extracurricular, enrichment, cultural or social\nactivities.\n (e) "Age or developmentally-appropriate" shall mean:\n (i) activities or items that are generally accepted as suitable for\nchildren of the same chronological age or level of maturity or that are\ndetermined to be developmentally-appropriate for a child, based on the\ndevelopment of cognitive, emotional, physical, and behavioral capacities\nthat are typical for an age or age group; and\n (ii) in the case of a specific child, activities or items that are\nsuitable for the child based on the developmental stage attained by the\nchild with respect to the cognitive, emotional, physical, and behavioral\ncapacities of the child.\n 3. Caregivers shall apply the reasonable and prudent parent standard\nwhen deciding whether or not to allow a child in foster care to\nparticipate in age or developmentally appropriate extracurricular,\nenrichment, cultural, or social activities. Where such decisions require\nthe input or permission of a local department of social services or a\nvoluntary authorized agency, such department or agency shall also apply\nthe reasonable and prudent parent standard in making a decision about\nparticipation in such activities.\n 4. Whether or not a caregiver is liable for injuries to the child that\noccur as a result of participation in age or developmentally appropriate\nextracurricular, enrichment, cultural, or social activities shall be\ndetermined based upon whether such decision to allow participation was\nmade in compliance with the standard defined in paragraph (d) of\nsubdivision two of this section and any other factors as required by\nlaw. Where such child is injured as a result of the decision to allow\nparticipation in such activities, a caregiver shall not be liable for\nsuch injuries if the decision to allow such participation was made in\ncompliance with the reasonable and prudent parent standard as set forth\nherein. Provided however nothing in this section shall otherwise limit\nthe ability of a child to bring an action against a caregiver or any\nother party whose acts or omissions result in injury to such child.\nWhere a local department of social services or voluntary authorized\nagency has made or been involved in the decisions under subdivision\nthree of this section, the liability standards for caregivers shall\napply to such district or agency.\n