| (a) The reasonable and prudent parent standard is the
standard of care that a parent of reasonable judgment, skill, and
caution would use to maintain the health, safety, and best interest
of the child and encourage the emotional and social growth and development
of the child.
(b) When using the reasonable and prudent parent standard,
a foster parent must take into consideration the following when deciding
whether a child may participate in normal childhood activities:
(1) The child's age and level of maturity;
(2) The child's cognitive, social, emotional, and physical
development level;
(3) The child's behavioral history and ability to safely
participate in a proposed activity;
(4) The child's overall abilities;
(5) Whether the activity is a normal childhood activity
for a child of that age and level of maturity;
(6) The child's desires;
(7) The surrounding circumstances, hazards, and risks
of the activity;
(8) Outside supervision of the activity, if available
and appropriate;
(9) The supervision instructions in the child's service
plan; and
(10) The importance of providing the child with the
most normal family-like living experience possible.
(c) There is a presumption that a reasonable and prudent
parent would include the child in normal interactions and experiences
within the foster family and allow the child to participate in foster
family activities, to the same extent as a similarly situated child
born to the family.
|
| Source Note: The provisions of this §749.2605 adopted to be effective January 1, 2017, 41 TexReg 9978; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909 |
