New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 3 - Child-care Agencies
Part 441 - General
Section 441.25 - Reasonable and prudent parent standard

Universal Citation: 18 NY Comp Codes Rules and Regs ยง 441.25

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Definitions.

For the purpose of this section:

(1) Reasonable and prudent parent standard means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child in foster care while at the same time encouraging the emotional and developmental growth of the child, that a caregiver must use when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities.

(2) Caregiver means a foster parent with whom the child in foster care has been placed; or a designated employee of a child care facility, including the institution, group residence, group home, agency boarding home or supervised independent living program in which the child has been placed;

(3) Age or developmentally-appropriate means:
(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.

(b) The reasonable and prudent parent standard must be applied by the foster parent with whom the child in foster care has been placed or by the authorized agency that is caring for the child in a child care facility, including an institution, group residence, group home, agency boarding or supervised independent living program.

(c) Each child care facility must have present on-site at least one employee who, with respect to any child in foster care placed in the residential program, is designated to be the caregiver who is authored to apply the reasonable and prudent parent standard to decisions involving the participation of the child in foster care in age or developmentally-appropriate activities, and who is provided with training in how to use and apply the reasonable and prudent parent standard in the same manner as a prospective foster parent in accordance with section 443.2(e) of this Title.

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