Cal. Code Regs. tit. 22 § 86067

Current through Register 2024 Notice Reg. No. 24, June 14, 2024

Section 86067 - [Operative 7/1/2024] Reasonable and Prudent Parent Standard

(a) The licensee or their designee as specified in Section 86065(t) shall be responsible for applying the reasonable and prudent parent standard, as defined in Section 86001(r)(1), in providing care and supervision to a child.

(1) Applying the reasonable and prudent parent standard shall not result in denying the rights of a child, as specified in Section 16001.9 of the Welfare and Institutions Code or Section 86172, or contradict court orders or the needs and services plan or transitional independent living plan of the child.

(b) In applying the reasonable and prudent parent standard, the licensee or designee shall consider the following:

(1) The age, maturity, and developmental level of the child.

(2) The nature and inherent risks of harm of the activity.

(3) The best interests of the child based on information provided to or known by the licensee about the child. This information includes the history, behavioral tendencies, mental and physical health, medications, abilities and limitations, sexual orientation, gender identity, gender expression, developmental level, and court orders for the child.

(A) The licensee may contact the child's social worker, physician, counselor, or educator to obtain the information described above in paragraph (3).

(4) The importance of encouraging the child's emotional and developmental growth.

(A) Emotional and developmental growth may include, but not be limited to, the following:

1. The child's level of understanding about healthy relationships;

2. The child's level of understanding about sexuality and body development;

3. The child's feelings about spirituality; and

4. Other stages of maturity experienced during adolescence and youth.

(5) The importance of providing the child with a sense of normalcy in the most family-like living experience possible.

Cal. Code Regs. Tit. 22, § 86067

Note: Authority cited: Sections 1501, 1530, 1530.91 and 1531, Health and Safety Code. Reference: Section 1522.44, Health and Safety Code; and Sections 362.04, 362.05, 727 and 16001.9, Welfare and Institutions Code.

1. New section filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).