§ 62A-4a-212. Requirements for decision making -- Rulemaking authority. (Effective 3/27/2014)

(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.

Enacted by Chapter 67, 2014 General Session