Requirements for decision making -- Rulemaking authority.

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  • (1)
    • (a) A caregiver shall use a reasonable and prudent parent standard in determining whether to permit a child to participate in an activity.
    • (b) A caregiver shall consider:
      • (i) the child's age, maturity, and developmental level to maintain the overall health and safety of the child;
      • (ii) potential risk factors and the appropriateness of the activity;
      • (iii) the best interest of the child based on the caregiver's knowledge of the child;
      • (iv) the importance of encouraging the child's emotional and developmental growth;
      • (v) the importance of providing the child with the most family-like living experience possible; and
      • (vi) the behavioral history of the child and the child's ability to safely participate in the proposed activity.
    • (c) The division shall verify that private agencies providing out-of-home placement under contract with the division:
      • (i) promote and protect the ability of a child to participate in age-appropriate activities; and
      • (ii) implement policies consistent with this section.
    • (d)
      • (i) A caregiver is not 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 a reasonable and prudent parent standard.
      • (ii) This section does not remove or limit any existing liability protection afforded by statute.
  • (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall adopt rules establishing the procedures for verifying that private agencies providing out-of-home placement under contract with the division comply with and promote this part.




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