Effective - 28 Aug 2016
210.665. Designated caregiver, court and parties to defer to reasonable decisions of — onsite caregiver to be designated by division — training — immunity from liability, when. — 1. Except as otherwise provided in subsection 8 of this section, the court and all parties to a case under chapter 211 involving a child in care shall defer to the reasonable decisions of the child's designated caregiver involving the child's participation in extracurricular, enrichment, cultural, and social activities.
2. A caregiver shall use the reasonable and prudent parent standard when making decisions relating to the activity of the child.
3. The division or a contracted agency thereof shall designate at least one onsite caregiver who has authority to apply the reasonable and prudent parent standard for each child placed in its custody.
4. The caregiver shall consider:
(1) The child's age, maturity, and developmental level;
(2) The overall health and safety of the child;
(3) Potential risk factors and appropriateness of the activity;
(4) The best interests of the child;
(5) Promoting, where safe and as appropriate, normal childhood experiences; and
(6) Any other relevant factors based on the caregiver's knowledge of the child.
5. Caregivers shall receive training with regard to the reasonable and prudent parent standard as required by the division. The training shall include:
(1) Knowledge and skills relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child;
(2) Knowledge and skills relating to applying the standard to decisions, including but not limited to whether to allow the child to engage in social, extracurricular, enrichment, cultural, and social activities, such as sports, field trips, and overnight activities lasting one or more days; and
(3) Knowledge and skills relating to decisions, including but not limited to the signing of permission slips and arranging of transportation for the child to and from extracurricular, enrichment, and social activities.
6. A caregiver shall not be liable for harm caused to a child while participating in an activity chosen by the caregiver, provided the caregiver acted in accordance with the reasonable and prudent parent standard.
7. No court shall order the division or a contracted agency thereof to provide funding for activities chosen by the caregiver.
8. A caregiver's decisions with regard to the child may be overturned by the court only if, upon notice and a hearing, the court finds by clear and convincing evidence the reasonable and prudent parent standard has been violated. The caregiver shall have the right to receive notice, to attend the hearing, and to present evidence at the hearing.
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(L. 2016 H.B. 1877)