SUPPORTING NORMATIVE EXPERIENCES: APPLYING THE REASONABLE AND PRUDENT PARENT STANDARD

TABLE OF CONTENTS

Resources and Links pg. 1

Program Graphics pg. 2

Resources and Links: The materials presented in this training may be subject to change. To access to the most current versions, please refer to the following resources:

15-OCFS-ADM-21: Supporting Normative Experiences for Children, Youth, and Young Adults in Foster Care: Applying a Reasonable and Prudent Parent Standard http://ocfs.ny.gov/main/policies/external/OCFS_2015/ADMs/15-OCFS-ADM-21%20%20Supporting%20Normative%20Experiences%20for%20Children,%20Youth,%20and%20Young%20Adults%20in%20Foster%20Care%20-%20Applying%20a%20Reasonable%20and%20Prudent%20Parent%20Standard.pdf

This policy includes the following attachments: Attachment A: Applying the Reasonable and Prudent Parent Standard:

Gathering Information to Support Normative Experiences Attachment B: Applying the Reasonable and Prudent Parent Standard:

Caregiver Considerations Attachment C: Applying the Reasonable and Prudent Parent Standard:

“Know” Before You Say “No”

16-OCFS-ADM-09: Protocols and Procedures for Locating and Responding to Children and Youth Missing from Foster Care and Non-Foster Care http://ocfs.ny.gov/main/policies/external/OCFS_2016/ADMs/16-OCFS-ADM-09%20Protocols%20and%20Procedures%20for%20Locating%20and%20Responding%20to%20Children%20and%20Youth%20Missing%20From%20Foster%20Care%20and%20Non-Foster%20Care.pdf

Additional Resources:

OCFS Bureau of Strategic Planning and Policy Development Home Page o http://ocfs.state.nyenet/bmies/ o http://ocfs.ny.gov/main/sppd/

OCFS Foster Parenting Home Page o http://ocfs.ny.gov/main/fostercare/default.asp

OCFS Publications for Foster Care o http://ocfs.ny.gov/main/documents/docs.asp?document_type=4&category_number=10

Foster Parent Manual o http://ocfs.ny.gov/main/publications/Pub5011.pdf

1

This training provides information on applying the Reasonable and Prudent Parent Standard

that caregivers are required to use when making certain decisions on behalf of children in their care. The information is provided for

caregivers and caseworkers. The training includes some instruction that is specific to caseworker functions. Caregivers should be aware that some sections of the training are

applicable to caseworkers only.

Learning Objectives:

• Define the reasonable and prudent parent standard and normative experiences

• Summarize key concepts of the reasonable and prudent parent standard

• Describe how the standard can be applied when deciding on a child or youth’s care or participation in activities

Learning Objectives:

• Identify what information is needed to prepare for a permanency hearing for youth who have another planned permanent living arrangement (APPLA) permanency planning goal

• Recognize the issues around liability involved with making reasonable and prudent parenting decisions for children and youth in foster care

2

Preventing Sex Trafficking and Strengthening Families Act

Supporting Normalcy for Children in Foster Care:

Requires states to support normative experiences for children through the implementation of the reasonable and prudent parent standard

Caregiver:

The 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

Reasonable and Prudent Parent Standard (RPPS):

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

Age or Developmentally Appropriate:

Those activities or items that are generally accepted as being 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 cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group

Normative Experiences:

Age and developmentally appropriate activities and opportunities that promote the healthy cognitive, social, emotional, physical, and educational development of children, youth, and young adults, regardless of their involvement in the child welfare system

4

• Develop a greater sense of self

• Better able to cope with trauma and adverse experiences

• Build and strengthen resiliency

• Develop and maintain positive, healthy, and long lasting relationships

• Pursue post-secondary educational and career opportunities

• Sustain a job

• Become engaged citizens

http://ocfs.ny.gov/main/sppd/

FASP:

Family Assessment and Service Plan

5

SPR:

Service Plan Review

Attachment A:

Attachment B:

6

Federal and state law mandate that at each permanency hearing for a youth with a permanency planning goal of another planned permanent living arrangement, or APPLA, the local district must document and demonstrate to the court that the youth has been supported in his or her participation in normative experiences

How to Document RPPS

Population Considerations

7

Age 0 – 5 years

Age 6 – 12 years

Age 13 – 17 years

8

Age 18 – 21 years

Children in Foster Boarding Homes

Children in Congregate Care

9

Congregate care providers must identify at least one person to apply the reasonable and prudent parent standard in each facility

Best practice to fully implement the reasonable and prudent parent standard is assigning at least one person per shift to serve in this capacity

Caseworkers and case managers must document any shared decision making, as well as any alternative decisions reached

10

Children with Developmental and/or Physical Disabilities

A child’s developmental or physical disabilities should not serve as a barrier to participation in appropriate activities and opportunities that develop the critical life skills necessary for the child to thrive

Children with a Behavioral Diagnosis

11

Children Who Use or Abuse Alcohol and/or Substances

The caseworker should discuss and work with those involved in the child’s care and development and seek out inpatient or outpatient treatment services and find supports to help the child stop consuming alcohol and other substances

Expectant and Parenting Children

12

Youth Placed Due to Adjudication of Delinquency or Persons In Need of

Supervision (PINS)

Victims of Sex Trafficking

Children Missing From Care

13

If you suspect the child to be in danger, immediately call 9-1-1

When a child is absent from care without permission, the foster parent or staff in the congregate care facility must report that child to the agency that supervises the placement of the child no later than 24 hours after the absence occurs

Liability

14

NY Social Services Law, Section 383-a:

Amended April 2016 to address liability of foster parents, employees of foster care facilities, and authorized agencies

(including local departments of social services and voluntary authorized agencies)

Foster parents or employees of a facility will not be liable if a child is injured when participating in age or developmentally appropriate activities, if the following two criteria have been met:

1. Such foster parent’s or employee’s decision to allow the child's participation in the activity was made in accordance with the reasonable and prudent parent standard as set forth in the law

15

2. The foster parent or employee had completed OCFS-approved training in the reasonable and prudent parent standard in accordance with federal law and OCFS regulations

If these two criteria have been met, the foster parent, employee and authorized agency will not be considered liable for such injuries

We can offer you guidance on how you can approach decision-making in accordance with the reasonable and prudent standard that will limit potential injury to a child

16

• Inquire about and be familiar with OCFS policies that relate to the application of the reasonable and prudent parent standard

• Follow the guidance provided by your LDSS concerning the particular child

• Participate in available training on the subject of reasonable and prudent parenting

• Consult with the child’s caseworker if there are uncertainties regarding a particular issue concerning a child’s activities. Facility staff should consult with supervisory staff on such decisions

• Be aware of the positions and wishes of the birth parents, guardians or prior caretakers; consult with them as appropriate

• Discuss the activity with the child and if the activity occurs, receive feedback from the child and monitor for changes in the child’s behavior, health or other functions

• Record all communications relating to the application of the reasonable and prudent parent standard in relation to a particular child

• For staff in congregate care facilities, be familiar with the foster child’s case record, including but not limited to relevant health and behavioral information

• Be aware of medical reports or court orders that limit activities and apply the reasonable and prudent parent standard accordingly

• For foster parents, receive and be familiar with placement information that must be provided to the foster parent regarding a child placed in the home as required by OCFS regulation

17

• Make sure that foster children receive medical checkups as prescribed by OCFS regulations and medical directives

• Be aware of and comply with the child’s school policies on athletic injuries

Documentation

Attachment A:

18

Attachment B:

Attachment C:

http://ocfs.ny.gov/main/default.asp

19

http://ocfs.ny.gov/main/fostercare/

http://ocfs.ny.gov/main/documents/docs.asp?document_type=4&category_number=10

20