RDCSB245 2709 3291
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)]
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 of Children
and Family Services (DCFS), 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.
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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.
(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 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
present law (Ch. C. Art. 116).
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 each child in foster care shall be allowed to travel out of state
with his 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 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.
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(Amends Ch. C. Art. 675(B) and R.S. 46:283(C)(1); Adds R.S. 46:283(D)-(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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the reengrossed bill:
1. Relocate within proposed law a provision stipulating that the reasonable and
prudent parent standard established by proposed law shall not authorize any
decision that conflicts with the residual parental rights of a parent of a child.
2. Make technical changes.
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