2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1 - Care and Protection of Children › 383-A - Immunity From Liability for Application of the Reasonable and Prudent Parent Standard.

§ 383-a. Immunity from liability for application of the reasonable and
prudent  parent standard. 1. Legislative intent. It is the intent of the
legislature to promote a safe and nurturing environment for children  in
foster  care  that, among other things, allows them to engage in age and
developmentally appropriate activities with their peers. It is also  the
intent  of  the  legislature  to  encourage  caregivers  to allow foster
children to  participate  in  such  activities  by  providing  training,
guidance,  and  appropriate  liability  protections when caregivers make
reasonable and prudent decisions with regard to such activities.  It  is
not  the  intent  of  the legislature to relieve caregivers or any other
person of any duty or responsibility owed to a foster child.
2. Definitions. As used in this section,  the  following  terms  shall
have the following meanings:
(a)  "Caregiver" shall mean the following person or entity at the time
that such person or entity was responsible for the care  of  the  foster
child or children:
(i) a foster parent who has been trained in the reasonable and prudent
parent  standard  in  accordance  with  42 U.S.C. 671 as amended by P.L.
113-183 and the  regulations  of  the  office  of  children  and  family
services; or
(ii)  the  employee of a child care facility operated by an authorized
agency that is designated to apply the  reasonable  and  prudent  parent
standard  who  has  been  trained  in  the reasonable and prudent parent
standard in accordance with 42 U.S.C. 671 as amended by P.L. 113-183 and
the regulations of the office of children and family services.
(b) "Child" shall mean a child who is in foster care  or  who  was  in
foster  care  at the time the reasonable and prudent parent standard was
applied.
(c) "Child care facility" shall mean an institution, group  residence,
group  home,  agency  operated  boarding  home,  or  supervised setting,
including a supervised independent living program.
(d) "Reasonable and prudent parent standard" shall mean, in accordance
with  42  U.S.C.  675  as  amended  by  P.L.   113-183,   the   standard
characterized  by  careful and sensible parental decisions that maintain
the health, safety, and best interests of a child while at the same time
encouraging the emotional and developmental growth of the child  that  a
caregiver  shall use when determining whether to allow a child in foster
care to participate in extracurricular, enrichment, cultural  or  social
activities.
(e) "Age or developmentally-appropriate" shall mean:
(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.
3. Caregivers shall apply the reasonable and prudent  parent  standard
when  deciding  whether  or  not  to  allow  a  child  in foster care to
participate  in  age  or  developmentally  appropriate  extracurricular,
enrichment, cultural, or social activities. Where such decisions require
the  input  or  permission of a local department of social services or a
voluntary authorized agency, such department or agency shall also  apply
the  reasonable  and  prudent parent standard in making a decision about
participation in such activities.
4. Whether or not a caregiver is liable for injuries to the child that
occur as a result of participation in age or developmentally appropriate
extracurricular, enrichment, cultural, or  social  activities  shall  be
determined  based  upon whether such decision to allow participation was
made  in  compliance  with  the  standard  defined  in  paragraph (d) of
subdivision two of this section and any other  factors  as  required  by
law.  Where  such  child is injured as a result of the decision to allow
participation in such activities, a caregiver shall not  be  liable  for
such  injuries  if  the decision to allow such participation was made in
compliance with the reasonable and prudent parent standard as set  forth
herein.  Provided  however nothing in this section shall otherwise limit
the ability of a child to bring an action against  a  caregiver  or  any
other  party  whose  acts  or  omissions result in injury to such child.
Where a local department of  social  services  or  voluntary  authorized
agency  has  made  or  been  involved in the decisions under subdivision
three of this section, the  liability  standards  for  caregivers  shall
apply to such district or agency.