California Code of Regulations
Title 22 - Social Security
Division 6 - Licensing of Community Care Facilities
Chapter 9.5 - Foster Family Homes
Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members
Section 89377 - Reasonable and Prudent Parent Standard

Universal Citation: 22 CA Code of Regs 89377

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The caregiver shall be responsible for applying the reasonable and prudent parent standard as defined in Section 89201(r)(1), in determining whether to allow a "child" to participate in age or developmentally-appropriate extracurricular, enrichment, cultural, and social activities.

(b) Applying the reasonable and prudent parent standard shall not result in denying the rights of a "child" as specified in Welfare and Institutions Code section 16001.9 and Section 89372 or, if applicable, Section 89572.2, or contradict court orders or the written plan identifying the specific needs and services of the "child."

(c) In applying the reasonable and prudent parent standard, the caregiver shall consider:

(1) The age, maturity, and developmental level of a "child;"

(2) The nature and inherent risks of harm of the activity; and

(3) The best interests of a "child" based on information provided to, or known by, the caregiver about the "child". This information includes the history, behavioral tendencies, mental and physical health, medications, abilities and limitations, sexual orientation, gender identify, developmental level, and court orders for the "child".
(A) The caregiver may contact the "child's" social worker, physician, counselor, or educator to obtain information described above in paragraph (3).

(4) The importance of encouraging a "child's" emotional and developmental growth.
(A) Emotional and developmental growth includes, but is not limited to, the following:
1. The "child's" level of understanding about healthy relationships;

2. The "child's" level of understanding about sexuality and body development;

3. The "child's" feelings about spirituality; and

4. Other stages of maturity experienced during adolescence and youth.

(5) The importance of providing the "child" with a sense of normalcy in the most family-like living experience possible.

(d) If the foster family home has dual licensure as a family child care home, the caregiver shall not use the reasonable and prudent parent standard as specified in subsections (a) through (c) to make decisions for children in the family day care.

1. New section filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).
2. Amendment of section and NOTE filed 6-9-2022; operative 10-1-2022 (Register 2022, No. 23). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
3. Change without regulatory effect amending subsection (a) filed 3-21-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 12).

Note: Authority cited: Sections 1530 and 1530.5, Health and Safety Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Section 1531, Health and Safety Code; and Sections 362.04, 362.05 and 727, Welfare and Institutions Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.