N.Y. Comp. Codes R. & Regs. Tit. 18 § 441.25 - Reasonable and prudent parent standard
(a)
Definitions.
For the purpose of this section:
(1)
Reasonable and prudent parent
standard means the standard characterized by careful and sensible
parental decisions that maintain the health, safety, and best interests of a
child in foster care while at the same time encouraging the emotional and
developmental growth of the child, that a caregiver must use when determining
whether to allow a child in foster care to participate in extracurricular,
enrichment, cultural, and social activities.
(2)
Caregiver means a foster
parent with whom the child in foster care has been placed; or a designated
employee of a child care facility, including the institution, group residence,
group home, agency boarding home or supervised independent living program in
which the child has been placed;
(3)
Age or
developmentally-appropriate means:
(i) activities or items that are generally
accepted as suitable for children of the same chronological age or level of
maturity or that are determined to be developmentally-appropriate for a child,
based on the development of cognitive, emotional, physical, and behavioral
capacities that are typical for an age or age group; and
(ii) in the case of a specific child,
activities or items that are suitable for the child based on the developmental
stage attained by the child with respect to the cognitive, emotional, physical,
and behavioral capacities of the child.
(b) The reasonable and prudent parent
standard must be applied by the foster parent with whom the child in foster
care has been placed or by the authorized agency that is caring for the child
in a child care facility, including an institution, group residence, group
home, agency boarding or supervised independent living program.
(c) Each child care facility must have
present on-site at least one employee who, with respect to any child in foster
care placed in the residential program, is designated to be the caregiver who
is authored to apply the reasonable and prudent parent standard to decisions
involving the participation of the child in foster care in age or
developmentally-appropriate activities, and who is provided with training in
how to use and apply the reasonable and prudent parent standard in the same
manner as a prospective foster parent in accordance with section
443.2(e)
of this Title.
Notes
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