Caregiver; use reasonable and prudent parent standard; considerations.

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43-4705. Caregiver; use reasonable and prudent parent standard; considerations.

Each caregiver shall use the reasonable and prudent parent standard in determining whether to give permission for a child to participate in extracurricular, enrichment, cultural, and social activities. When using the reasonable and prudent parent standard, the caregiver shall consider:

(1) The child’s goals and input;

(2) To the extent possible, the input of the parent of the child;

(3) The child’s age, maturity, and developmental level to maintain the overall health and safety of the child;

(4) The potential risk factors and the appropriateness of the extracurricular, enrichment, cultural, or social activity;

(5) The best interests of the child, based on information known by the caregiver;

(6) The importance of encouraging the child’s emotional and developmental growth;

(7) The importance of providing the child with the most family-like living experience possible;

(8) The behavioral history of the child and the child’s ability to safely participate in the proposed activity;

(9) The child’s personal and cultural identity; and

(10) The individualized needs of the child.

Source

  • Laws 2016, LB746, § 5.


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