TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 16

CHILD PROTECTIVE ACT

16-1644.  limitations on caregiver liability. (1) For purposes of this section:

(a)  "Age or developmentally appropriate" means:

(i)   Activities that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; and

(ii)  In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical and behavioral capacities of the child.

(b)  "Reasonable and prudent parent standard" means the standard of care characterized by careful and sensible parental decisions that maintain the health, safety and best interest of a child while simultaneously encouraging the emotional and developmental growth of the child when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural or social activities.

(2)  A caregiver shall use the reasonable and prudent parent standard in determining whether to permit a child to participate in an activity while in foster care. A caregiver shall also consider whether the activity is age or developmentally appropriate.

(3)  A caregiver shall not be liable for harm caused to a child in an out-of-home placement if the child participates in an activity approved by the caregiver when the caregiver has acted in accordance with subsection (2) of this section.

(4)  This section does not remove or limit any existing liability protection otherwise provided by law.

History:

[16-1644, added 2016, ch. 360, sec. 2, p. 1064.]