(A) Every child placed with a caregiver for out-of-home care pursuant to this chapter is entitled to participate in age or developmentally appropriate activities.

(B) Each caregiver shall use the reasonable and prudent parent standard, as defined in § 63-7-20, in determining whether to allow a child living in out-of-home care to participate in age or developmentally appropriate activities. When using the reasonable and prudent parent standard the caregiver must consider the following:

Terms Used In South Carolina Code 63-7-25

  • Age or developmentally appropriate: means :

    (a) 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;

    (b) in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child; and

    (c) activities that include, but are not be limited to, the following:

    (i) sports;

    (ii) field trips;

    (iii) extracurricular activities;

    (iv) social activities;

    (v) after school programs or functions;

    (vi) vacations with caregiver lasting up to two weeks;

    (vii) overnight activities away from caregiver lasting up to one week;

    (viii) employment opportunities; and

    (ix) in-state or out-of-state travel, excluding overseas travel;

    (d) activities that do not conflict with any pending matters before the court, an existing court order, or the child's scheduled appointments for evaluations or treatment. See South Carolina Code 63-7-20
  • Caregiver: means a foster parent, kinship foster parent, or employee of a group home who is designated to make decisions regarding age or developmentally appropriate activities or experiences on behalf of a child in the custody of the department. See South Carolina Code 63-7-20
  • Child: means a person under the age of eighteen. See South Carolina Code 63-7-20
  • Court: means the family court. See South Carolina Code 63-7-20
  • Department: means the Department of Social Services. See South Carolina Code 63-7-20
  • Parent: means biological parent, adoptive parents, step-parent, or person with legal custody. See South Carolina Code 63-1-40
  • Reasonable and prudent parent standard: means the standard of care characterized by careful and sensible parental decisions that maintain the health, safety, and best interest of a child while at the same time encouraging the growth and development of the child, that a caregiver shall use when determining whether to allow a child in foster care to participate in age or developmentally appropriate activities. See South Carolina Code 63-7-20

(1) the best interest of the child based upon information known by the caregiver;

(2) the overall health and safety of the child;

(3) the child’s age, maturity, behavioral history, and ability to participate in the proposed activity;

(4) the potential risks and the appropriateness of the proposed activity;

(5) the importance of encouraging the child’s emotional and developmental growth; and

(6) any permissions or prohibitions outlined in an existing court order.

(C) Each caregiver shall use reasonable and prudent efforts to immediately notify the department when the caregiver approves any overnight travel out-of-state, whether with the caregiver or away from the caregiver, so that the department is informed as to where the child will be. Notice to the department may be in the form of a phone call, text message, email, letter, or in-person conversation with the caseworker assigned to the child.

(D) Department approval is required prior to any overseas travel with the child.

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