(a) Caregivers of children in DSCYF custody have the responsibility and authority to exercise the reasonable and prudent parent standard to provide or withhold permission for children in their care to participate in and experience age-appropriate or developmentally-appropriate activities and experiences, including extracurricular, cultural and social enrichment. The authority of a caregiver:
(1) Must be exercised using the reasonable and prudent parent standard and his or her actions do not conflict with any applicable court order or service plan; and
(2) May be exercised without the prior approval of DSCYF or the Court.
(b) In determining whether a decision of a caregiver is reasonable and prudent according to § 2502 of this title, the following should be considered:
(1) The child’s age, maturity and developmental level to maintain the overall health and safety of the child.
(2) The potential risk factors to the child or to others and the appropriateness of the activity and experience for extracurricular, cultural or social enrichment.
(3) The wishes of the child.
(4) The wishes of the parent.
(5) The best interests of the child based on information known by the caregiver.
(6) The importance of encouraging the child’s emotional and developmental growth.
(7) The importance of supporting the child in developing skills to successfully transition to adulthood, including guidance on healthy sexual development.
(8) The importance of providing the child with the most family-like living experience possible.
(9) Any special needs or accommodations that the child may need to safely participate in the activity or experience.
(c) A caregiver is not liable for harm caused to a child who participates in an activity or experience approved by the caregiver if all of the following circumstances are met:
(1) The caregiver acts in accordance with the reasonable and prudent parent standard.
(2) The caregiver has completed the required training relating to the reasonable and prudent parent standard prior to giving the approval.
(3) The approval does not conflict with any applicable court order or service plan.
This section does not remove or limit any existing liability protection afforded by any other law.
80 Del. Laws, c. 363, § 1; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 127, § 1.
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