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House passes bill to give foster caregivers more authority for routine activities

Utah House of Representatives · February 25, 2014
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Summary

House Bill 346 passed unanimously to let foster caregivers use a reasonable and prudent parent standard to approve common activities (school events, parties, extracurriculars) without prior division approval, and to limit caregiver liability when acting in good faith.

The Utah House unanimously passed House Bill 346 on Feb. 25, 2014, a measure intended to 'normalize' daily life for foster youth by empowering caregivers to make timely decisions about routine activities.

Representative Johnny Anderson, who chairs the Legislative Child Welfare Oversight Panel, presented the bill and described a cumbersome permission process that often required caseworker, supervisor, guardian ad litem and sometimes judicial approval — delays that keep foster children from attending school events, social activities or extracurriculars. "This bill will require the Division of Child and Family Services to make efforts to normalize the life in these children's lives," Anderson said, and it directs caregivers to use a "reasonable and prudent parent standard" when deciding whether a child may participate in age-appropriate activities.

The bill also requires the division to verify private agencies providing out-of-home placements promote and protect the child's ability to participate in those activities. It includes a liability protection for caregivers who approve activities in good faith under the stated standard.

Representative Anderson noted the bill was informed by members of the Utah Youth Council, including current and former foster youth who helped craft the proposals. The House voted 73-0 in favor; the bill will be transmitted to the Senate.