The original instrument was prepared by Julie J. Baxter. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Linda
Nugent.
DIGEST
SB 245 Reengrossed 2015 Regular Session Erdey
Present law provides that for a child in the care of the state, a case plan shall be designed to achieve
placement in the least restrictive, most family-like, and most appropriate setting available, and in
close proximity to the parents' homes, consistent with the best interest and special needs of the child.
Further provides that the health and safety of the child shall be the paramount concern in the
development of the case plan.
Proposed law retains present law.
Present law provides that such case plans shall at least include all of the following:
(1) A description of the type of home or institution in which the child is placed, including a
discussion of the child's health and safety, the appropriateness of the placement, and the
reasons why the placement, if a substantial distance from the home of the parents or in a
different state, is in the best interests of the child.
(2) A plan for assuring that the child receives safe and proper care and that services are provided
to the parents, child, and foster parents in order to improve the conditions in the parents'
home, facilitate the safe return of the child to his own home or other permanent placement
of the child, or both, and address the needs of the child while in foster care, including a plan
for visitation and a discussion of the appropriateness of the services that have been provided
to the child under the plan. If the child has been committed to the custody of a person other
than the parents, the plan shall recommend an amount the parents are obligated to contribute
for the cost of care and treatment of their child in accordance with Article 685. When
appropriate for a child fifteen years of age or older, the plan shall include a written
description of the programs and services which will help the child prepare for the transition
from foster care to independent living.
Proposed law retains present law and adds that the case plan must include a plan for assuring that
the child is afforded the greatest opportunity for normalcy through engagement in age- or
developmentally-appropriate activities on a regular basis. Proposed law provides that the child shall
be consulted in an age-appropriate manner about their interests and opportunities available to them.
Proposed law further provides that recognizing the greatest opportunity for normalcy lies in the day-
to-day decisions affecting the child's activities, the child's caretaker should be supported in making
those decisions through the use of the reasonable and prudent parent standard as set forth in proposed
law.
Present law provides that no new contract for foster care services shall be awarded to any person who has not completed a training program approved by the department, including but not limited to the
following areas:
(1)Obtaining needed services for foster children.
(2)Discipline and foster children.
(3)Legal aspects of foster care.
(4)Working with parents and the agency.
Proposed law retains present law and adds that the required training program for a person who seeks
a contract for foster care services shall also include knowledge and skills relating to the reasonable
and prudent parent standard for participation by the child in age- or developmentally-appropriate
activities as defined in proposed law.
Proposed law adds the following definitions:
(1)"Age- or developmentally-appropriate" means activities or items that are generally accepted
as 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 development of
cognitive, emotional, physical, and behavioral capacities that are typical for an age or age
group; and in the case of a specific child, activities or items that are suitable for the child
based on the developmental stages attained by the child with respect to the cognitive,
emotional, physical and behavioral capacities of the child.
(2)"Reasonable and prudent parent standard" means 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, and social
activities. Provides that no decisions shall be made that conflict with the residual parental
rights of the child's parents.
(3)"Caregiver" means a person with whom the child is placed in foster care, or a designated
official for a child residential facility licensed by the state.
Proposed law adds that each caregiver shall use the reasonable and prudent parent standard in
determining whether to give permission for a child living in foster care to participate in
extracurricular, enrichment, cultural, social or sporting activities.
Proposed law adds 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 provides that nothing in proposed law shall be construed to authorize any decision that
conflicts with the residual parental rights of a parent of a child as defined in Children's Code Article
116.
Proposed law provides that each child in foster care shall be allowed to travel out of state with his
foster parent or another department-approved adult so long as the foster parent confirms with the
department in advance of the departure date that no reason exists to prevent such travel, and provides
a travel itinerary to the department.
Proposed law provides that a foster caregiver who approves a foster child's participation in an age-
and developmentally-appropriate extracurricular, enrichment, cultural, social or sporting activity is
not liable for harm caused to the child at such activity, provided that the caregiver has acted in
accordance with the reasonable and prudent parent standard. Proposed law further provides that
nothing in proposed law shall be construed to remove or limit any existing liability protection
afforded by law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends Ch. C. Art. 675(B) and R.S. 46:283 (C)(1); adds R.S. 46:283(D),(E),(F) and (G))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the engrossed bill
1. Removes the word "natural" so that nothing in proposed law shall be construed to
authorize any decision that conflicts with the residual parental rights of a parent of
a child, rather than with the residual rights of only a "natural" parent of the child.
Senate Floor Amendments 1. Provides definition for "caregiver".
2. Technical amendments