Cal. Code Regs. Tit. 22, § 84067 - Reasonable and Prudent Parent Standard

(a) The administrator or facility manager, or their responsible designee, shall be responsible for applying the reasonable and prudent parent standard, as defined in Section 84001(r)(1), in determining whether to allow a child to participate in age-appropriate, or developmentally-appropriate extracurricular, enrichment, cultural, and social activities.

(1) Applying the reasonable and prudent parent standard shall not result in denying the rights of a child as specified in Section 84072 and Welfare and Institutions Code section 16001.9, or contradict court orders or the needs and services plan of the child.

(b) In applying the reasonable and prudent parent standard, the administrator or facility manager, or their responsible designee, shall consider the following:

(1) The age, maturity, and developmental level of the child.

(2) The nature and inherent risks of harm of the activity.

(3) The best interests of the child based on information provided to or known by the administrator or facility manager, or their responsible designee, about the child. This information includes the history, behavioral tendencies, mental and physical health, medications, abilities and limitations, sexual orientation, gender identity, developmental level, and court orders for the child.

(A) The administrator or facility manager, or their responsible designee, may consult with staff members who are most familiar with the child, or contact the child's social worker, physician, counselor, or educator to obtain the information described above in paragraph (3).

(4) The importance of encouraging the child's emotional and developmental growth.

(A) Emotional and developmental growth includes, but is not limited to, the following:

1. The child's level of understanding about healthy relationships;

2. The child's level of understanding about sexuality and body development;

3. The child's feelings about spirituality; and

4. Other stages of maturity experienced during adolescence and youth.

(5) The importance of providing the child with a sense of normalcy in the most family-like living experience possible.

Notes

Cal. Code Regs. Tit. 22, § 84067

1. New section filed 9-3-2010; operative 10-3-2010 (Register 2010, No. 36).
2. Amendment of section and NOTE filed 6-9-2022; operative 10-1-2022 (Register 2022, No. 23). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 1501, 1530 and 1531, Health and Safety Code. Reference: Section 1522.44, Health and Safety Code; Sections 362.04, 362.05 and 16001.9, Welfare and Institutions Code; and Assembly Bill 2096 (Chapter 483 Statutes of 2008).

1. New section filed 9-3-2010; operative 10-3-2010 (Register 2010, No. 36).
2. Amendment of section and Note filed 6-9-2022; operative 10/1/2022 (Register 2022, No. 23). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.