(A) As used in this section, "age-appropriate" means activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity. Age appropriateness is based on the development of cognitive, emotional, physical, and behavioral capacity that is typical for an age or age group.
(B) A child who is subject to out-of-home care for alleged or adjudicated abused, neglected, or dependent children is entitled to participate in age-appropriate extracurricular, enrichment, and social activities.
(C) A person or facility that is providing out-of-home care for an alleged or adjudicated abused, neglected, or dependent child shall consider all of the following when determining whether to give permission for that child to participate in extracurricular, enrichment, or social activities:
(1) The child's age, maturity, and developmental level to maintain the overall health and safety of the child;
(2) The potential risk factors and the appropriateness of the extracurricular, enrichment, or social activity;
(3) The best interest of the child based on information known by the person or facility providing out-of-home care for an alleged or adjudicated abused, neglected, or dependent child;
(4) The importance of encouraging the child's emotional and developmental growth;
(5) The importance of providing the child with the most family-like living experience possible;
(6) The behavioral history of the child and the child's ability to safely participate in the extracurricular, enrichment, or social activity.
(D) A person or facility that provides out-of-home care to an alleged or adjudicated abused, neglected, or dependent child shall be immune from liability in a civil action to recover damages for injury, death, or loss to person or property caused to the child who participates in an extracurricular, enrichment, or social activity approved by the person or facility provided that the person or facility considered the factors described in division (C) of this section.
Added by 130th General Assembly File No. TBD, HB 213, §1, eff. 9/17/2014.
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