§ 383-a. Immunity from liability for application of the reasonable and
prudent parent standard. 1. Legislative intent. It is the intent of the
legislature to promote a safe and nurturing environment for children in
foster care that, among other things, allows them to engage in age and
developmentally appropriate activities with their peers. It is also the
intent of the legislature to encourage caregivers to allow foster
children to participate in such activities by providing training,
guidance, and appropriate liability protections when caregivers make
reasonable and prudent decisions with regard to such activities. It is
not the intent of the legislature to relieve caregivers or any other
person of any duty or responsibility owed to a foster child.

2. Definitions. As used in this section, the following terms shall
have the following meanings:

(a) "Caregiver" shall mean the following person or entity at the time
that such person or entity was responsible for the care of the foster
child or children:

(i) a foster parent who has been trained in the reasonable and prudent
parent standard in accordance with 42 U.S.C. 671 as amended by P.L.
113-183 and the regulations of the office of children and family
services; or

(ii) the employee of a child care facility operated by an authorized
agency that is designated to apply the reasonable and prudent parent
standard who has been trained in the reasonable and prudent parent
standard in accordance with 42 U.S.C. 671 as amended by P.L. 113-183 and
the regulations of the office of children and family services.

(b) "Child" shall mean a child who is in foster care or who was in
foster care at the time the reasonable and prudent parent standard was
applied.

(c) "Child care facility" shall mean an institution, group residence,
group home, agency operated boarding home, or supervised setting,
including a supervised independent living program.

(d) "Reasonable and prudent parent standard" shall mean, in accordance
with 42 U.S.C. 675 as amended by P.L. 113-183, the standard
characterized by careful and sensible parental decisions that maintain
the health, safety, and best interests of a child while at the same time
encouraging the emotional and developmental growth of the child that a
caregiver shall use when determining whether to allow a child in foster
care to participate in extracurricular, enrichment, cultural or social
activities.

(e) "Age or developmentally-appropriate" shall mean:

(i) 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; and

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

3. Caregivers shall apply the reasonable and prudent parent standard
when deciding whether or not to allow a child in foster care to
participate in age or developmentally appropriate extracurricular,
enrichment, cultural, or social activities. Where such decisions require
the input or permission of a local department of social services or a
voluntary authorized agency, such department or agency shall also apply
the reasonable and prudent parent standard in making a decision about
participation in such activities.

4. Whether or not a caregiver is liable for injuries to the child that
occur as a result of participation in age or developmentally appropriate
extracurricular, enrichment, cultural, or social activities shall be
determined based upon whether such decision to allow participation was
made in compliance with the standard defined in paragraph (d) of
subdivision two of this section and any other factors as required by
law. Where such child is injured as a result of the decision to allow
participation in such activities, a caregiver shall not be liable for
such injuries if the decision to allow such participation was made in
compliance with the reasonable and prudent parent standard as set forth
herein. Provided however nothing in this section shall otherwise limit
the ability of a child to bring an action against a caregiver or any
other party whose acts or omissions result in injury to such child.
Where a local department of social services or voluntary authorized
agency has made or been involved in the decisions under subdivision
three of this section, the liability standards for caregivers shall
apply to such district or agency.