Section 2644 - Access and standard(a)Access to activities and experiences.--Subject to subsection (b), a child in an out-of-home placement is allowed and afforded an opportunity to engage in, to the greatest extent possible, age-appropriate or developmentally appropriate activities and experiences. A child with a disability or special needs in an out-of-home placement shall have the same access to age-appropriate or developmentally appropriate activities and experiences as the child's nondisabled peers, even if reasonable accommodations are required.(b)Caregiver authority.--Caregivers have the authority to provide or withhold permission for children in their care to participate in and experience age-appropriate or developmentally appropriate activities and experiences in accordance with this section. The authority of a caregiver: (1) Must be exercised using the reasonable and prudent parent standard and does not conflict with any applicable court order or service plan.(2) May be exercised without the prior approval of a county agency or private agency or the court.(c)Reasonable and prudent parent standard.--When using the reasonable and prudent parent standard:
(1) A caregiver must consider all of the following: (i) The child's age, maturity and developmental level to maintain the overall health and safety of the child.(ii) The potential risk factors to the child or to others and the appropriateness of the extracurricular, enrichment, cultural or social activity or experience. (iii) The best interest of the child, based on information known by the caregiver.(iv) The importance of encouraging the child's emotional and developmental growth.(v) The importance of supporting the child in developing skills to successfully transition to adulthood.(vi) The importance of providing the child with the most family-like living experience possible.(vii) Any special needs or accommodations that the child may need to safely participate in the activity or experience.(2) The child's wishes, though not determinative, may also be considered. (d)Limitation of liability.--A caregiver, county agency and private agency shall not be liable for harm caused to a child while engaged in an activity or experience approved by the caregiver if: (1) the caregiver has completed the required training relating to the reasonable and prudent parent standard;(2) the caregiver has made a good faith effort to use the reasonable and prudent parent standard in approving the activity or experience; and(3) the approval does not conflict with any applicable court order or service plan.(e)Other liability protection.--This section shall not remove or limit any existing liability protection afforded by any other law.Added by P.L. TBD 2015 No. 75, § 4, eff. 12/10/2015.