(Revision. 10/1/15)
AS 47.10.010 Jurisdiction
AS 47.10.084 Legal custody, guardianship, and Residual Parental Rights and Responsibilities
AS 47.35.027 Variances
7 AAC 50.400 Liability Protection
7 AAC 67.200 Supervision of Children
7 AAC 53.100 State Liability Protection
PL 113-183 Preventing Sex Trafficking and Safe Families Act of 2014
Supporting normalcy in foster care is important to the children in Department custody. Foster care children need to engage in activities that can foster their growth and development, as well as provide them with the opportunities that their peers are able to have. The prudent parent standard assists with making these activities more accessible for foster children.
The agency has established or designated a State/Tribal authority(ies) which is responsible for establishing and maintaining standards for foster family homes and child care institutions which are reasonably in accord with recommended standards of national organizations concerned with standards for such institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights and which shall permit use of the reasonable and prudent parenting standard.
The standards so established are applied by the State/Tribe to any foster family home or child-care institution receiving funds under titles IV-E or IV-B. The standards shall require, as a condition of each contract entered into by a child care institution to provide foster care, the presence on-site of at least 1 official who, with respect to any child placed at the child care institution, is designated to be the caregiver who is authorized to apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally-appropriate activities, and who is provided with training in how to use and apply the reasonable and prudent parent standard in the same manner as prospective foster parents are provided the training pursuant to paragraph 471(a)(24).
The standards for foster family homes and child care institutions shall include policies related to the liability of foster parents and private entities under contract by the State involving the application of the reasonable and prudent parent standard, to ensure appropriate liability for caregivers when a child participates in an approved activity and the caregiver approving the activity acts in accordance with the reasonable and prudent parent standard.
Section 111 Supporting Normalcy for Children in Foster Care. The term “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.
Office of Children’s Services (OCS) has the responsibility of physical care and control of children committed to the legal custody of the department.
request the PS Specialist to obtain advance permission from the person responsible for the child 14 days in advance of any planned out-of-state trips for a child in care; and
obtain advance approval from the PS Specialist for planned in-state trips of more than 72 hours duration for a child in care.
An administrator or foster parent must have an understanding of development of children. A foster parent shall recognize, encourage, and support the religious beliefs, ethnic and cultural heritage, and expressed religious preferences of the birth parents for their child. A foster parent shall provide structure and daily activities designated to promote the individual physical, and social, intellectual, spiritual, and emotional development compliance with the subsection requires that, for young children.
State liability protection is extended to a foster parent for allowing a foster child’s participation in a risk activity that is not usual for the community, if written permission is obtained from child’s parent or guardian or from the department. If requested by a foster parent, the department may help get written permission from a foster child’s parent or guardian for a Foster Child to participate in a risk activity that is not usual for the community. The department may grant the permission in cases in which is not possible or feasible to obtain parent or guardian permission.
Foster parents and child care institutions have the responsibility from the Federal and State government to provide prudent parent standards in the care of children they serve. Prudent parent standards require that there is the presence of at least one person in the foster home, or child care institution that is trained in applying these standards in the decisions that involve the participation of the child in developmentally-appropriate activities. Child care institutions will be trained in these areas on how to apply these standards in the same manner as foster parents. This includes non–high risk sports, field trips, overnight activities lasting less than 72 hrs, and decisions involving signing of permission slips and arranging of transportation for the child to and from extracurricular, enrichment, cultural and social activities. Activities that put the child at risk, trips for youth lasting longer than 72hrs and out of state trips will need PSS signature. See CPS Manual sections 6.5.8 Participation in Risk Activities, 6.5.10 Trips for a Child in Custody, 6.5.12 Driver’s License/Driver’s Privileges/Driver’s Education, and 6.3.1 Medical, Dental, and Vision Care for further information.
Prudent parent standards are 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. 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. (U.S.C 471(a)(10).
Protective Services (PS) Specialist will monitor that children in the custody of the state are being allowed to participate in age appropriate activities that promote their emotional and physical growth through the monthly home visits with the child, case planning and administrative reviews.