Ohio § 5103.162

§ 5103.162.

(A) Except as provided in division (B) of this section, a resource caregiver shall be

immune from liability in a civil action to recover damages for injury, death, or loss

to person or property allegedly caused by an act or omission in connection with a

power, duty, responsibility, or authorization under this chapter or under rules adopted

under authority of this chapter. (B) The immunity described in division (A) of this section does not apply to a resource

caregiver if, in relation to the act or omission in question, any of the following

applies: (1) The act or omission was manifestly outside the scope of the resource caregiver's

power, duty, responsibility, or authorization. (2) The act or omission was with malicious purpose, in bad faith, or in a wanton or reckless

manner. (3) Liability for the act or omission is expressly imposed by a section of the Revised

Code. (C)(1) A resource caregiver shall use a reasonable and prudent parent standard when considering

whether to authorize a foster child who resides in the resource home to participate

in extracurricular, enrichment, and social activities. (2) A public children services agency, private child placing agency, or private noncustodial

agency that serves as the child's custodian or as the supervising agency for the resource

caregiver shall be immune from liability in a civil action to recover damages for

injury, death, or loss to person or property that result from a resource caregiver's

or agency's decisions using a reasonable and prudent parent standard in accordance

with division (C)(1) of this section. (3) Nothing in this section shall affect, limit, abridge, or otherwise modify the immunities

and defenses available to a public children services agency as a political subdivision

under Chapter 2744. of the Revised Code. (4) As used in this section, “ 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 or agency shall use

when determining whether to allow a child in the care of a resource caregiver to participate

in extracurricular, enrichment, and social activities.