(a)Subject to subsections (b) and (d) of this section, a
child in an out-of-home placement is entitled to engage in, to
the greatest extent possible, age appropriate or developmentally
appropriate activities and experiences as he would otherwise be
able to experience in his own home. A child with a disability or
special needs in an out-of-home placement shall have the same
access to age appropriate or developmentally appropriate
activities and experiences as the child’s nondisabled peers,
even if reasonable accommodations are required.
(b)Subject to subsection (d) of this section and if not
in conflict with any residual parental rights and duties,
applicable court order or department case plan, a caregiver
shall use the reasonable and prudent parent standard when
determining whether to a
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(a) Subject to subsections (b) and (d) of this section, a
child in an out-of-home placement is entitled to engage in, to
the greatest extent possible, age appropriate or developmentally
appropriate activities and experiences as he would otherwise be
able to experience in his own home. A child with a disability or
special needs in an out-of-home placement shall have the same
access to age appropriate or developmentally appropriate
activities and experiences as the child’s nondisabled peers,
even if reasonable accommodations are required.
(b) Subject to subsection (d) of this section and if not
in conflict with any residual parental rights and duties,
applicable court order or department case plan, a caregiver
shall use the reasonable and prudent parent standard when
determining whether to allow a child in foster care under the
responsibility of the department or in an out-of-home placement
to participate in extracurricular, enrichment, cultural or
social activities.
(c) Under the reasonable and prudent parent standard, a
caregiver shall give consideration to the following when
deciding whether to allow a child to participate in an activity
or experience:
(i) A parent or custodian’s wishes, when appropriate;
(ii) The child’s age, maturity and development level
to ensure the child's overall health and safety;
(iii) The potential risk factors and appropriateness
of the activity or experience;
(iv) The best interest of the child based on
information known by the caregiver;
(v) The child’s wishes;
(vi) The importance of encouraging the child’s
emotional and developmental growth;
(vii) The importance of supporting the child in
developing skills to successfully transition to adulthood;
(viii) The importance of providing the child with the
most family like living experience possible; and
(ix) Any special needs or accommodations that the
child may need to safely participate in the activity or
experience.
(d) A caregiver may provide or withhold permission for
children in his care to participate in and experience age
appropriate or developmentally appropriate activities and
experiences. A caregiver's ability to grant or withhold
permission:
(i) Shall not override or conflict with a parent’s
residual parental rights and duties to make decisions regarding
his child’s participation in activities and experiences or with
rights as determined by court order;
(ii) Shall be exercised using the reasonable prudent
parent standard;
(iii) Shall not conflict with any applicable court
order or department case plan;
(iv) May be exercised without the prior approval of
the department if exercising caregiver authority is consistent
with the department case plan.