2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 3 - Division Responsibilities › Section 308 - Division responsibility for normalizing lives of children -- Requirements for caregiver decision making.

Effective 9/1/2022
80-2-308.
Division responsibility for normalizing lives of children -- Requirements for caregiver decision making.
(1) As used in this section:
(a) "Activity" means an extracurricular, enrichment, or social activity.
(b) "Age-appropriate" means a type of activity that is generally accepted as suitable for a child of the same age or level of maturity, based on the development of cognitive, emotional, physical, and behavioral capacity that is typical for the child's age or age group.
(c) "Caregiver" means a person with whom a child is placed in an out-of-home placement.
(d) "Out-of-home placement" means the placement of a child in the division's custody outside of the child's home, including placement in a foster home, a residential treatment program, proctor care, or with kin.
(e) "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions to maintain a child's health, safety, and best interest while at the same time encouraging the child's emotional and developmental growth.
(2) A child who comes into protective custody or the division's temporary custody or custody under this chapter, Chapter 2a, Removal and Protective Custody of a Child, or Chapter 3, Abuse, Neglect, and Dependency Proceedings, is entitled to participate in age-appropriate activities for the child's emotional well-being and development of valuable life-coping skills.
(3) The division shall:
(a) make efforts to normalize the life of a child in protective custody or the division's temporary custody or custody 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 the division; and
(b) 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)
(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 a private agency providing out-of-home placement under contract with the division:
(i) promotes and protects the ability of a child to participate in age-appropriate activities; and
(ii) implements 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 and the caregiver 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.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall adopt rules establishing the procedures for verifying that a private agency providing out-of-home placement under contract with the division complies with and promotes this section.
Renumbered and Amended by Chapter 334, 2022 General Session