Full text of Utah Utah Code § 80-2-308 — Division responsibility for normalizing lives of children -- Requirements for caregiver decision making., with citation guidance and answers to common questions.
§ 80-2-308. Division responsibility for normalizing lives of children -- Requirements for caregiver decision making.
Effective 9/1/2022
80-2-308.
Division responsibility for normalizing lives of children -- Requirements for caregiver decision making.
| (1) |
As used in this section:
| (a) |
"Activity" means an extracurricular, enrichment, or social activity. |
| (b) |
"Age-appropriate" means a type of activity that is generally accepted as suitable for a child of the same age or level of maturity, based on the development of cognitive, emotional, physical, and behavioral capacity that is typical for the child's age or age group. |
| (c) |
"Caregiver" means a person with whom a child is placed in an out-of-home placement. |
| (d) |
"Out-of-home placement" means the placement of a child in the division's custody outside of the child's home, including placement in a foster home, a residential treatment program, proctor care, or with kin. |
| (e) |
"Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions to maintain a child's health, safety, and best interest while at the same time encouraging the child's emotional and developmental growth. |
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| (3) |
The division shall:
| (a) |
make efforts to normalize the life of a child in protective custody or the division's temporary custody or custody and to empower a caregiver to approve or disapprove a child's participation in activities based on the caregiver's own assessment using a reasonable and prudent parent standard, without prior approval of the division; and |
| (b) |
allow a caregiver to make important decisions, similar to the decisions that a parent is entitled to make, regarding the child's participation in activities. |
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| (4) |
| (a) |
A caregiver shall use a reasonable and prudent parent standard in determining whether to permit a child to participate in an activity. |
| (b) |
A caregiver shall consider:
| (i) |
the child's age, maturity, and developmental level to maintain the overall health and safety of the child; |
| (ii) |
potential risk factors and the appropriateness of the activity; |
| (iii) |
the best interest of the child based on the caregiver's knowledge of the child; |
| (iv) |
the importance of encouraging the child's emotional and developmental growth; |
| (v) |
the importance of providing the child with the most family-like living experience possible; and |
| (vi) |
the behavioral history of the child and the child's ability to safely participate in the proposed activity. |
|
| (c) |
The division shall verify that a private agency providing out-of-home placement under contract with the division:
| (i) |
promotes and protects the ability of a child to participate in age-appropriate activities; and |
| (ii) |
implements policies consistent with this section. |
|
| (d) |
| (i) |
A caregiver is not liable for harm caused to a child in an out-of-home placement if the child participates in an activity approved by the caregiver and the caregiver acted in accordance with a reasonable and prudent parent standard. |
| (ii) |
This section does not remove or limit any existing liability protection afforded by statute. |
|
|
| (5) |
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall adopt rules establishing the procedures for verifying that a private agency providing out-of-home placement under contract with the division complies with and promotes this section. |
Renumbered and Amended by Chapter
334, 2022 General Session
Frequently Asked Questions About Utah § 80-2-308
What does Utah Code § 80-2-308 cover?
Section 80-2-308 ("Division responsibility for normalizing lives of children -- Requirements for caregiver decision making.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 80-2-308?
A common citation format is "Utah Code § 80-2-308" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 80-2-308 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
