photographs, and records of special events and achievements. 12. A caregiver must advocate for a child in his or her care with the child welfare system, the court, and community agencies, including schools, child care providers, health and mental health providers, and employers. The department and community-based care lead agency must support a caregiver in advocating for a child and may not retaliate against the caregiver as a result of this advocacy. 13. A caregiver must be as fully involved in the child’s medical, psychological, and dental care as he or she would be for his or her biological child. The department and community-based care lead agency must support and facilitate such participation. The caregiver, the department, and the community-based care lead agency must share information with each other about the child’s health and well-being. 14. A caregiver must support a child’s school success, including, when possible, maintaining school stability by participating in school activities and meetings. The department and community-based care lead agency must facilitate this participation that is generally accepted as suitable for a child of the same chronological age or level of maturity. Age appropriateness is based on the development of cognitive, emotional, physical, and behavioral capacity which is typical for an age or age group. 2. “Caregiver” means a person with whom the child is placed in out-of-home care, or a designated official for a group care facility licensed by the department under s. 409.175. 3. “Reasonable and prudent parent” standard means the standard of care used by a caregiver in determining whether to allow a child in his or her care to participate in extracurricular, enrichment, and social activities. This standard is characterized by careful and thoughtful parental decisionmaking that is intended to maintain a child’s health, safety, and best interest while encouraging the child’s emotional and developmental growth. 1. Every child who comes into out-of-home care pursuant to this chapter is entitled to participate in age-appropriate extracurricular, enrichment, and social activities. 2. Each caregiver shall use the reasonable and prudent parent standard in determining whether to give permission for a child living in out-of-home care to participate in extracurricular, enrichment, or social activities. When using the reasonable and prudent parent standard, the caregiver must consider:
and be informed of the child’s progress and needs. 15. A caregiver must ensure that a child in his or her care who is between 13 and 17 years of age learns and masters independent living skills. The department shall make available training for caregivers developed in collaboration with the Florida Foster and Adoptive Parent Association and the Quality Parenting Initiative on the life skills necessary for children in out-of-home care. 16. The case manager and case manager supervisor must mediate disagreements that occur between a caregiver and the birth or legal parent. (c) An employee of a residential group home must meet the background screening requirements under s. 39.0138 and the level 2 screening standards for screening under chapter 435. An employee of a residential group home who works directly with a child as a caregiver must meet, at a minimum, the same education and training requirements as caregivers in family foster homes licensed as level II under s. 409.175(5). In 2020, the department introduced the “reasonable and prudent parent standard.”
Excerpt from Title XXX, Section 409.145 (Florida Legislature, 2021) Title XXX, Section 409.145, also states: (3) REASONABLE AND PRUDENT PARENT STANDARD. — (a) Definitions . — As used in this subsection, the term: 1. “Age-appropriate” means an activity or item
a. The child’s age, maturity, and developmental level to maintain the overall health and safety of the child. appropriateness of the extracurricular, enrichment, or social activity. c. The best interest of the child, based on information known by the caregiver. d. The importance of encouraging the child’s emotional and developmental growth. b. The potential risk factors and the
e. The importance of providing the child with the most family-like living experience possible. f. The behavioral history of the child and the child’s ability to safely participate in the proposed activity. (c) Verification of services delivered. — The department and each community-based care lead agency shall verify that private agencies providing out-of-home care services to dependent children have policies in place which are consistent with this section and that these agencies promote and protect the ability of dependent children to participate in age-appropriate extracurricular, enrichment, and social activities. (d) Limitation of liability . — A caregiver is not liable for harm caused to a child who participates in an activity approved by the caregiver, provided that the caregiver has acted in accordance with the reasonable and prudent parent standard. This paragraph may not be interpreted as removing or limiting any existing liability protection afforded by law. The statutes continue with directives to develop programs allowing young adults leaving dependency care to have support to enter postsecondary education and other support services. They also outline eligibility requirements for aftercare.
(b) Application of standard of care . —
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Book Code: SWFL1825
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