14-6-201 through 14-6-252, or the Children in Need of

14-6-201 through 14-6-252, or the Children in Need of Supervision Act, W.S. 14-6-401 through 14-6-440;

(vi) "Reasonable and prudent parent standard" means careful and sensible parental decisions that maintain the health, safety, well-being and best interests of a child while encouraging the emotional and developmental growth of the child;

(vii) "Residual parental rights and duties" means those rights and duties remaining with the parents after legal custody, guardianship of the person or both have been vested in another person, agency or institution. Residual parental rights and duties include but are not limited to:

(A) The duty to support and provide necessities of life;

(B) The right to consent to adoption;

(C) The right to reasonable visitation unless restricted or prohibited by court order;

(D) The right to determine the minor's religious affiliation; and

(E) The right to petition on behalf of the minor.

14-13-102. Access and standards.

(a) Subject to subsections (b) and (d) of this section, a child in an out-of-home placement is entitled to engage in, to the greatest extent possible, age appropriate or developmentally appropriate activities and experiences as he would otherwise be able to experience in his own home. A child with a disability or special needs in an out-of-home placement shall have the same access to age appropriate or developmentally appropriate activities and experiences as the child’s nondisabled peers, even if reasonable accommodations are required.

(b) Subject to subsection (d) of this section and if not in conflict with any residual parental rights and duties, applicable court order or department case plan, a caregiver shall use the reasonable and prudent parent standard when determining whether to allow a child in foster care under the responsibility of the department or in an out-of-home placement to participate in extracurricular, enrichment, cultural or social activities.

(c) Under the reasonable and prudent parent standard, a caregiver shall give consideration to the following when deciding whether to allow a child to participate in an activity or experience:

(i) A parent or custodian’s wishes, when appropriate;

(ii) The child’s age, maturity and development level to ensure the child's overall health and safety;

(iii) The potential risk factors and appropriateness of the activity or experience;

(iv) The best interest of the child based on information known by the caregiver;

(v) The child’s wishes;

(vi) The importance of encouraging the child’s emotional and developmental growth;

(vii) The importance of supporting the child in developing skills to successfully transition to adulthood;

(viii) The importance of providing the child with the most family like living experience possible; and

(ix) Any special needs or accommodations that the child may need to safely participate in the activity or experience.

(d) A caregiver may provide or withhold permission for children in his care to participate in and experience age appropriate or developmentally appropriate activities and experiences. A caregiver's ability to grant or withhold permission:

(i) Shall not override or conflict with a parent’s residual parental rights and duties to make decisions regarding his child’s participation in activities and experiences or with rights as determined by court order;  (ii) Shall be exercised using the reasonable prudent parent standard;

(iii) Shall not conflict with any applicable court order or department case plan;

(iv) May be exercised without the prior approval of the department if exercising caregiver authority is consistent with the department case plan.

14-13-103. Limitation of liability.

(a) A caregiver shall not be liable for harm caused to a child as the result of his participation in an activity or experience approved by the caregiver if the caregiver complies with the requirements of W.S. 14-13-102(d).

(b) In addition to the liability protection provided under subsection (a) of this section, this section shall not remove or limit any other applicable liability protection conferred upon caregivers by any other law.

14-13-104. Obligations of the department of family services.

(a) As a condition of certification for foster care, the department shall require the implementation of standards and training meant to assure compliance with the reasonable and prudent parent standard. To meet this requirement, the department shall provide information and education concerning:

(i) The developmental stages of the child's cognitive, emotional, physical and behavioral capacities;

(ii) Whether to allow a child to engage in extracurricular, enrichment, cultural or social activities including sports, field trips and overnight activities lasting one (1) day or longer; and

(iii) The signing of permission slips and arranging transportation for the child to and from extracurricular, enrichment, cultural and social activities.

(b) At certification and recertification reviews, the department shall verify that caregivers providing out-of-home placement promote and protect the ability of a child to participate in age appropriate or developmentally appropriate activities and experiences.

(c) The department shall develop standards and a process by which individuals employed by facilities providing out-of-home placements are designated to make decisions for children under the reasonable and prudent parent standard.