DAR File No. 38743

Human Services, Child and Family Services

Rule R512-310

Reasonable and Prudent Parent Standard

Notice of Proposed Rule

(New Rule)

DAR File No.: 38743
Filed: 08/07/2014 09:48:41 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to implement the reasonable and prudent parent standard made into law by H.B. 346 (2014 General Legislative Session).

Summary of the rule or change:

This rule is intended to create standards for normalcy for a child who is in Child and Family Services custody, including a reasonable and prudent parent standard and normalizing activities for children.

State statutory or constitutional authorization for this rule:

• Section 62A-4a-102
• Section 62A-4a-211
• Section 62A-4a-212
• Section 62A-4a-210

Anticipated cost or savings to:

the state budget:

There will be no increase in cost or savings to the state budget because these proposed changes do not increase workload that would require additional staff or other costs.

local governments:

Local governments have no responsibility for normalcy for a child who is in the custody of Child and Family Services and are therefore not affected by this rule and will have no fiscal impact.

small businesses:

Small businesses have no responsibility for normalcy for a child who is in the custody of Child and Family Services and are therefore not affected by this rule and will have no fiscal impact.

persons other than small businesses, businesses, or local governmental entities:

While individuals may be foster parents for whom this rule applies, there is no expected fiscal impact for those foster parents and other individuals in the category of "persons other than small businesses, businesses, or local government entities" because funding requests for these activities come out of already-existing budgets.

Compliance costs for affected persons:

Child and Family Services determined that there will be no compliance costs for affected persons because there are no specific costs involved with the changes being made to this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule will have no fiscal impact on businesses.

Ann Williamson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Child and Family Services
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov
• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2014

This rule may become effective on:

10/08/2014

Authorized by:

Brent Platt, Director

R512. Human Services, Child and Family Services.

R512-310. Reasonable and Prudent Parent Standard.

R512-310-1. Purpose and Authority.

(1) The purpose of this rule is to establish standards for normalcy for a child who is in Child and Family Services custody, including a reasonable and prudent parent standard and normalizing activities for children.

(2) This rule is authorized by Sections 62A-4a-102, 62A-4a-210, 62A-4a-211, and 62A-4a-212.

 

R512-310-2. Definitions.

As used in this part:

(1) "Activity" is defined in Section 62A-4a-210.

(2) "Age-appropriate" is defined in Section 62A-4a-210.

(3) "Caregiver" is defined in Section 62A-4a-210.

(4) "Child and Family Services" means the Division of Child and Family Services.

(5) "Out-of-home placement" is defined in Section 62A-4a-210.

(6) "Reasonable and prudent parent standard" is defined in Section 62A-4a-210.

 

R512-310-3. Highlights.

(1) A child who comes into care under this chapter is entitled to participate in age-appropriate activities for the child's emotional well-being and development of valuable life-coping skills.

(2) Child and Family Services shall make efforts to normalize the lives of children in the custody of Child and Family Services and to empower a caregiver to approve or disapprove a child's participation in activities based on the caregiver's own assessment using a reasonable and prudent parent standard, without prior approval of Child and Family Services.

(3) Child and Family Services shall allow a caregiver to make important decisions, similar to the decisions that a parent is entitled to make, regarding the child's participation in activities.

(4) Child and Family Services will verify that private agencies providing out-of-home placement under contract with Child and Family Services promote and protect the ability of a child to participate in age-appropriate activities.

(5) 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, provided that the caregiver has acted in accordance with a reasonable and prudent parent standard.

 

R512-310-4. Requirements for Decision Making.

(1) A caregiver shall use a reasonable and prudent parent standard in determining whether to permit a child to participate in an activity.

(2) A caregiver shall consider:

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

(b) Potential risk factors and the appropriateness of the activity;

(c) The best interest of the child based on the caregiver's knowledge of the child;

(d) The importance of encouraging the child's emotional and developmental growth;

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

(f) The behavioral history of the child and the child's ability to safely participate in the proposed activity.

(3) Child and Family Team Meetings may be convened at any point to discuss whether the caregiver has used the reasonable and prudent parent standard to determine what activities a child may participate in or if the child feels they are being denied the ability to participate in a normalizing activity.

 

R512-310-5. Participation in Activities.

(1) Caregivers shall ensure that the child has the safety equipment and any necessary permissions and training necessary to safely engage in each activity the child participates in, including but not limited to the following activities:

(a) Boating;

(b) Rock climbing;

(c) Recreational vehicle use;

(d) Sports;

(e) Camping.

 

R512-310-6 Group Home or Residential Setting Activities.

When children are placed in a group home or residential treatment setting, the provider will incorporate normalcy activities into the program. The activities will be in-line with the reasonable and prudent parent standard and will help children with skills essential for positive development.

 

KEY: child welfare, foster care

Date of Enactment or Last Substantive Amendment: 2014

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-210; 62A-4a-211; and 62A-4a-212