67:42:01:06.01Reasonable and prudent parent standard requirements.

The reasonable and prudent parent standard applies to facilities regulated by chapters 67:42:07, 67:42:08, 67:42:09, 67:42:13, and 67:42:15. Under the standard, each facility is required to have at least one official onsite who, with respect to any child placed at the child care institution, is designated to be the caregiver authorized to apply the standard to decisions involving the participation of the child in age- or developmentally-appropriate activities. Each designated official shall receive training in how to use and apply the standard. A child’s treatment plan or case plan must demonstrate implementation of the reasonable and prudent parent standard. A facility is not liable for harm caused to a child in an out-of-home placement if: (1) The child participates in an activity approved by the facility and the parent or guardian; and (2) The facility has acted in accordance with the standard.

Source: 42 SDR 97, effective January 4, 2016; transferred from 67:42:07:04.01; 48 SDR 124, effective July 3, 2023.