RÉSUMÉ DIGEST
Act 310 (HB 261) 2015 Regular Session Hodges
Existing 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. New law adds to the training
topics therein the "reasonable and prudent parent standard" established by new law.
New law entitled 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 new 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.
New law provides that foster children should be encouraged and supported to participate in
age- and developmentally appropriate extracurricular, enrichment, cultural, social, and
sporting activities.
New 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.
New law stipulates that the reasonable and prudent parent standard established therein shall
not authorize any decision that conflicts with a parent's residual parental rights.
New 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.
New 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.
New 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 new law shall be construed to remove or limit any
existing liability protection afforded by existing law.
Effective August 1, 2015. (Amends R.S. 46:283(C)(1)(a)(intro. para.); Adds R.S. 46:283(C)(1)(a)(v), (D)-(G), and
286.21-286.23)