S.D. Admin. R. 67:42:01:06.01

Current through Register Vol. 51, page 57, November 12, 2024

Section 67:42:01:06.01 - Reasonable and prudent parent standard requirements

The provisions of the reasonable and prudent parent standard apply to facilities regulated by chapters 67:42:07, 67:42:08, 67:42:09, 67:42:13, and 67:42:15 and require:

(1) Each facility shall have at least one official onsite who, with respect to any child placed at the child care institution, is designated to be the caregiver who is authorized to apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally-appropriate activities;

(2) Each designated official shall be provided with training in how to use and apply the reasonable and prudent parent standard;

(3) A facility 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 facility and the parent or guardian, provided that the facility has acted in accordance with the reasonable and prudent parent standard; and

(4) A child's treatment plan or case plan shall demonstrate implementation of the reasonable and prudent parent standard.

S.D. Admin. R. 67:42:01:06.01

42 SDR 97, effective 1/4/2016; Transferred from § 67:42:07:04.01 49 SDR 124, effective 7/3/2023

General Authority: SDCL 26-6-16.

Law Implemented: SDCL 26-6-16(3)(6)(11).

Reasonable and prudent parent standard, § 67:42:01:01(12). Treatment plan, § 67:42:07:05 (group care centers for minors). Treatment plan, § 67:42:08:05 (residential treatment centers). Foster care services, § 67:42:09:17 (child placement agencies). Case plan requirements, § 67:42:13:03 (independent living preparation). Treatment plan, § 67:42:15:10 (intensive residential treatment centers).