11 P.S. § 2644 Access and Standard

• Library: Pennsylvania Statutes
• Edition: 2023
• Currency: Current through P.A. Acts 2023-32
• Year: 2023
• Citation: 11 P.S. § 2644

(a) Access to activities and experiences.--Subject to subsection (b), a child in an out-of-home placement is allowed and afforded an opportunity to engage in, to the greatest extent possible, age-appropriate or developmentally appropriate activities and experiences. 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) Caregiver authority.--Caregivers have the authority to provide or withhold permission for children in their care to participate in and experience age-appropriate or developmentally appropriate activities and experiences in accordance with this section. The authority of a caregiver:

(1) Must be exercised using the reasonable and prudent parent standard and does not conflict with any applicable court order or service plan.

(2) May be exercised without the prior approval of a county agency or private agency or the court.

(c) Reasonable and prudent parent standard.--When using the reasonable and prudent parent [standard, a caregiver must consider all of the following:]

[(1) The child's age, maturity and developmental level to maintain the overall health and safety of the child.]

[(2) The potential risk factors to the child or to others and the appropriateness of the extracurricular, enrichment, cultural or social activity or experience.]

[(3) The best interest of the child, based on information known by the caregiver.]

[(4) The child's wishes.]

[(5) The importance of encouraging the child's emotional and developmental growth.]

[(6) The importance of supporting the child in developing skills to successfully transition to adulthood.]

[(7) The importance of providing the child with the most family-like living experience possible.]