September 27, 2017, Introduced by Rep. Kosowski and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1994 PA 203, entitled
"Foster care and adoption services act,"
(MCL 722.951 to 722.960) by adding section 3a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3a. (1) Each child who comes into care under this act is
entitled to participate in age-appropriate extracurricular,
enrichment, and social activities. No state or local regulation or
policy may prevent, or create a barrier to, participation in those
activities. Each state and local entity shall ensure that each
child placing agency providing foster care services to a foster
child has policies consistent with this section and that the child
placing agency promotes and protects the ability of a foster child
to participate in age-appropriate extracurricular, enrichment, and
social activity.
(2) A caregiver must use a reasonable and prudent parent
standard in determining whether to give permission for a child in
foster care to participate in extracurricular, enrichment, or
social activity. When using the reasonable and prudent parent
standard, the caregiver shall consider all of the following:
(a) The child's age, maturity, and developmental level, in
order to maintain the overall health and safety of the child.
(b) The potential risk factors and the appropriateness of the
extracurricular, enrichment, or social activity.
(c) The best interest of the child based on information known
by the caregiver.
(d) The importance of encouraging the child's emotional and
developmental growth.
(e) The importance of providing the child with the most
family-like living experience possible.
(f) The behavioral history of the child and the child's
ability to safely participate in the proposed activity, as with any
other child.
(3) The department and community-based care lead agencies are
required to verify that a child placing agency providing foster
care services to a foster child has policies consistent with this
section and that the child placing agency promotes and protects the
ability of a foster child to participate in age-appropriate
extracurricular, enrichment, and social activity.
(4) A caregiver is not liable for harm caused to a child in
care who participates in an activity approved by the caregiver,
provided that the caregiver has acted as a reasonable and prudent
parent. This section does not remove or limit any existing
liability protection afforded by any other applicable statute.
(5) As used in this section:
(a) "Age-appropriate" means an activity or item that is
generally accepted as suitable for a child of the same
chronological age or level of maturity. Age appropriateness is
based on the development of cognitive, emotional, physical, and
behavioral capacity that is typical for an age or age group.
(b) "Caregiver" means a person with whom the child is placed
in foster care. Caregiver includes a foster parent or a relative
caregiver.
(c) "Reasonable and prudent parent standard" means the
standard characterized by careful and sensible parental decisions
that maintain the child's health, safety, and best interests while
at the same time encouraging the child's emotional and
developmental growth, that a caregiver must use when determining
whether to allow a child in foster care to participate in
extracurricular, enrichment, or social activity.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.