| (1) |
As used in this section:
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Terms Used In Utah Code 80-2-308- Abuse: means :
| (i) | | (A) | nonaccidental harm of a child; |
| (B) | threatened harm of a child; |
| (E) | human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
- Contract: A legal written agreement that becomes binding when signed.
- dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102
- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
- Harm: means :
| (a) | physical or developmental injury or damage; |
| (b) | emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning; |
| (d) | sexual exploitation. See Utah Code 80-1-102- Neglect: means action or inaction causing:
| (i) | abandonment of a child, except as provided in 5; |
| (ii) | lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; |
| (iii) | failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being; |
| (iv) | a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; |
| (v) | abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or |
| (vi) | educational neglect. See Utah Code 80-1-102- Person: means :Utah Code 68-3-12.5
- Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
| (a) | the day on which the shelter hearing is held under Section 80-3-301; or |
| (b) | the day on which the child is returned home. See Utah Code 80-1-102- Statute: A law passed by a legislature.
- Temporary custody: means , with regard to the division, the custody of a child from the day on which the shelter hearing described in Section 80-3-301 is held until the day on which the juvenile court enters a disposition under Section 80-3-405. See Utah Code 80-2-102
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| (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. |
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| (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. |
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| (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. |
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| (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. |
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| (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. |
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| (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
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