Section 33C. (a) A congregate care program under contract to provide foster care to children in the care or custody of the department shall ensure that not less than 1 individual be present on-site who, with respect to any child placed at the congregate care program, is designated to be the caregiver authorized to apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally-appropriate activities, including but not limited to, extracurricular, enrichment, cultural and other social activities, and who has been trained on how to use and apply the reasonable and prudent parent standard.

(b) A congregate care employee authorized and trained to apply the reasonable and prudent parent standard, and their employer, shall be immune with respect to tort claims against the employee related to the employee’s decision to allow a foster child to participate in age or developmentally-appropriate activities if the employee acted in accordance with the reasonable and prudent parent standard. Immunity under this subsection shall not apply if the harm claimed was caused by an act or omission constituting: (i) gross negligence; (ii) recklessness; or (iii) conduct with an intent to harm or to discriminate based on race, ethnicity, national origin, religion, disability, sexual orientation or gender identity and expression.