DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 261 Engrossed 2015 Regular Session Hodges
Abstract: Enacts the Quality Parenting for Children in Foster Care Act and provides for the
reasonable and prudent parent standard to apply to decisions by foster caregivers concerning
participation by foster children in certain activities.
Present law provides that no contract for foster care services shall be awarded to any person who has
not completed a training program approved by the Department of Children and Family Services
(DCFS) that includes certain specified topics. Proposed law retains present law and adds to the
training topics the "reasonable and prudent parent standard" established by proposed law.
Proposed law to be known as the "Quality Parenting for Children in Foster Care Act" provides
findings relative to protecting the health and well-being of foster children. Further provides that the
intent of proposed law is to recognize the importance of normalizing the lives of children in foster
care while ensuring their health and safety, and to empower caregivers and legal custodians to
support and encourage a child's participation in activities.
Proposed law provides that foster children should be encouraged and supported to participate in age-
and developmentally appropriate extracurricular, enrichment, cultural, social, and sporting activities.
Proposed law defines "reasonable and prudent parent standard" as the standard characterized by
careful and sensible parental decisions that maintain the health, safety, and best interests of a child
while at the same time encouraging the emotional and developmental growth of the child, that a
caregiver shall use when determining whether to allow a child in foster care under the responsibility
of the state to participate in extracurricular, enrichment, cultural, social, and sporting activities.
Proposed law stipulates that the reasonable and prudent parent standard established by proposed law
shall not authorize any decision that conflicts with the child's parents' residual parental rights.
Proposed law requires that foster caregivers use the reasonable and prudent parent standard in
determining whether to give permission for a foster child to participate in extracurricular,
enrichment, cultural, social, or sporting activities. Provides that when using the reasonable and
prudent parent standard, the caregiver shall consider all of the following:
(1)The child's age, maturity, and developmental level in order to maintain the overall health and
safety of the child.
(2)The potential risk factors and the appropriateness of the extracurricular, enrichment, cultural, social, or sporting activity.
(3)The best interest of the child, based on information known by the caregiver.
(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 proposed
activity.
Proposed law authorizes children in foster care to travel out of state with a foster parent or another
DCFS-approved adult so long as the foster parent confirms with DCFS in advance of the departure
date that no reason exists to prevent such travel, and provides a travel itinerary to the department.
Proposed law requires DCFS to verify that private child residential facilities providing foster care
services have policies in place that are consistent with the provisions of proposed law, and that these
agencies promote and protect the ability of children to participate in age- and developmentally
appropriate extracurricular, enrichment, cultural, social, and sporting activities.
Proposed law stipulates that a foster caregiver is not liable for harm caused to a child who
participates in an age- and developmentally appropriate activity approved by the caregiver, provided
that the caregiver has acted in accordance with the reasonable and prudent parent standard.
Stipulates further that nothing in proposed law shall be construed to remove or limit any existing
liability protection afforded by present law.
Proposed law requires DCFS to promulgate rules for implementation of proposed law, and that these
rules do all of the following:
(1)Provide foster caregivers with as much flexibility as possible to enable children in their care
to participate in normal life experiences.
(2)Reflect the considerations provided in proposed law relative to the reasonable and prudent
parent standard.
(Amends R.S. 46:283(C)(1)(a)(intro. para.); Adds R.S. 46:283(C)(1)(a)(v) and R.S. 46:286.21-
286.25)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Revise the definitions of "age- or developmentally appropriate" and "reasonable and prudent parent standard" provided in proposed law.
2. Provide within the definition of "reasonable and prudent parent standard" that no
decisions shall be made that conflict with the child's parents' residual parental rights.
3. Make technical changes.