Normalcy and the Reasonable and Prudent Parent Standard

Transcription

1 Nrmalcy and the Reasnable and Prudent Parent Standard By nw, yu have prbably heard the term nrmalcy used at yur agency and wrkers may have mentined the Reasnable and Prudent Parent Standard. This brief guide explains these cncepts and prvides a beginning understanding f what it means t yu as a fster caregiver. Navigatin: Hver ver the questin and left click t fllw the link t the respnse. T return t the tp f the page, hver ver the green caret at the end f the respnse and left click. What is nrmalcy? Why is nrmalcy imprtant? What is the Reasnable and Prudent Parent Standard? Why are we talking abut this nw? What des it mean t me as a fster caregiver? What factrs d I need t cnsider when applying the Reasnable and Prudent Parent Standard? Hw is Ohi wrking t nrmalize fster care? Hw will my agency help me nrmalize the experience f the child in my hme? Where can I get mre infrmatin? What is nrmalcy? Nrmalcy can be defined as the ability t easily participate in age-apprpriate scial, schlastic, and enrichment activities. The Juvenile Law Center (2015) writes that nrmalcy is ensuring a child s range f experiences while in fster care is typical f the range f experiences f any child f the same age. They feel it is imprtant fr children t practice the skills they will need as an adult while they are still in a prtected envirnment. These experiences help them build relatinships, develp skills, and prepare fr adulthd. The Center fr the Study f Scial Plicy s (2014) definitin f nrmalcy fcuses n activities that prmte well-being. ^ Why is nrmalcy imprtant? When yuth are nt able t participate in activities that are needed fr develpment, they are unprepared fr life as an adult. Many yuth wh age ut f fster care experience unemplyment r inadequate incme, hmelessness, and incarceratin. ( Nrmalcy and the RPPS Guide June

2 The develpment f the adlescent brain prvides a windw f pprtunity. Just as relatinships are the key t psitive early childhd develpment, relatinships cntinue t be necessary in adulthd. Fster caregivers need t help teens navigate thrugh this transitinal time by prviding them nrmal experiences and helping them think thrugh life decisins (Hendersn, 2011; Farruggia, 2006). Yuth in care need nrmalcy s that they can build their scial capital. Scial capital is the value that is created by investing in relatinships with thers thrugh prcesses f trust and reciprcity (Juvenile Law Center, 2015). Mst yuth in care have experienced trauma s they need supprt in the emtinal develpment and well-being, nt just apprpriate cultural and scial activities (Center fr the Study f Scial Plicy, 2014). Allwing yuth t test bundaries while in care can help them learn abut natural cnsequences and the imprtance f making psitive chices (Texas Department f Family And Prtective Services, 2013). ^ What is the Reasnable and Prudent Parent Standard? The standard characterized by careful and sensible parental decisins that maintain a child s health, safety, and best interests while at the same time encuraging the child s emtinal and develpmental grwth, that a caregiver shall use when determining whether t allw a child in the care f the caregiver t participate in extracurricular, enrichment, and scial activities (ACYF-CB-IM-14-03, 2014; ORC , 2014). ^ Why are we talking abut this nw? Public Law , the Preventing Sex Trafficking and Strengthening Families Act, was passed in This law requires states t implement a Reasnable and Prudent Parent Standard t supprt nrmalcy fr children in care. T learn abut ther prvisins in this law, see the resurce Fact Sheet n HR4980. This law fcuses n the child welfare gal f well-being, after years f restrictive plicies that put safety ver well-being (Juvenile Law Center, 2015). The prvisins in this bill are effective ne year after enactment (September 29, 2015). Ohi passed a similar law in 2014, Ohi Huse Bill 213. This law went int effect September, ^ What des it mean t me as a fster caregiver? As a fster caregiver, yu will have the respnsibility f making decisins related t nrmal activities. T feel cnfident in taking n this respnsibility: Take advantage f training being ffered. Cmmunicate with yur licensing agency and the custdial agency and cnsider the plicies and practice f bth agencies when applying the Reasnable and Prudent Parent Standard Nrmalcy and the RPPS Guide June

3 Respect yur rle as nurturer t the child and advcate fr, and encurage participatin in, nrmal activities Hne yur assessment skills, bth the ability t assess the child s develpment and decisinmaking skills and the ability t assess the activity as age-apprpriate, safe, and in cmpliance with laws and plicies. ^ What factrs d I need t cnsider when applying the Reasnable and Prudent Parent Standard? Bth the Federal and State laws prvide a specific list f factrs t cnsider: Child s age, maturity and develpmental level Example: Even thugh the child is 14, will the PG-13 mvie have cntent that the child isn t able t handle withut behaviral issues r strng emtinal respnses? Ptential risk factrs Example: What is the risk difference in allwing a child t ride with a friend t schl vs. allwing him t ride with a friend t late night cncert? Best interest f the child Example: Was the sleep away camp selected because it fits the child s interest and is what she wants t d, r is it t give the caregivers a break? Emtinal and develpmental grwth Example: Will being n the sccer team help build the child s self-esteem and develp the scial skills she needs? Family-like living experience Example: Is this smething the caregiver wuld let her birth r adpted children d? Is the nly thing preventing the activity an agency plicy? Child s behaviral histry Example: Given this child s histry f underage drinking, is allwing him t stay ut late with friends unsupervised a prudent decisin? ^ Hw is Ohi wrking t nrmalize fster care? Even thugh the Federal law des nt mandate state legislatin, Ohi is ne f the leaders in implementing nrmalcy and passed state legislatin in September 2014 (Juvenile Law Center, 2015). There are tw sectins f the Oh Revised Cde (ORC) that address nrmalcy and the Reasnable and Prudent Parent Standard. ORC Participatin in extracurricular enrichment, and scial activities Defines age-apprpriate as activities that are generally accepted as suitable fr children f the same chrnlgical age r level f maturity. States that children in ut f hme care are entitled t participate in age-apprpriate extracurricular, enrichment, and scial activities. Lists what the caregiver is t cnsider when determining if the activity is age apprpriate. ORC Qualified immunity f fster caregivers Caregivers are immune frm liability if they used a reasnable and prudent parent standard t authrize participatin in an activity. In rder t cllect data n current nrmalcy practice, ODJFS surveyed public and private agencies. A majrity f public and private agencies wh respnded said they are willing t imprve nrmalcy fr Nrmalcy and the RPPS Guide June

4 yuth in fster care. Sme agencies already were wrking n imprvements in this area, and thers were eliciting input frm yuth advisry grups and fster caregivers (ODJFS, 2015). The survey revealed sme miscnceptins abut state nrmalcy plicies. Lcal plicies may differ. The fllwing are three examples. Miscnceptin: Fr a child in fster care t stay vernight at a friend s huse, the adults living r staying in the friend s huse must underg a backgrund check. Reality: The friend s parents are nt cnsidered alternate caregivers and d nt need a backgrund check. Only fster and adptive parents, their adult husehld members, and staff at residential facilities are required t underg backgrund checks. Miscnceptin: Children in fster care are nt allwed t attend functins withut adult supervisin. Reality: Ohi Administrative Cde (OAC) rule 5101: states that fster caregivers shuld encurage children in fster care t participate in cmmunity, schl, recreatinal and cultural heritage activities that are apprpriate t their age and functining. Furthermre, children in fster care shuld be allwed privileges and assigned respnsibilities similar t ther family members f a similar age and functining level. Hwever, fster caregivers must btain prir written apprval frm the recmmending agency befre the child can be left unattended. OAC 5101:2-7-08(D) requires the written apprval t specify the perid f time the child is permitted t be unsupervised. Miscnceptin: A birth parent s wishes must always be fllwed if she/he disagrees with an activity invlving her/his child. Reality: Birth parents invlvement with children in fster care is critical, and the parents maintain certain rights regarding their children. Hwever, with the exceptins f visitatin, and cultural r religius practices, OAC rules d nt directly address parental rights regarding age apprpriate scial, schlastic and enrichment activities fr children in fster care. Agencies and substitute caregivers shuld be sensitive t birth parents input. They als shuld remember that nrmalcy activities cannt verride case plans r ther curt-rdered requirements. Fr example, if a fster family vacatin wuld cause a child t miss a scheduled visit with a birth parent, the agency and fster parent need t wrk with the birth parent t see if an alternate visit can be arranged (ODJFS, 2015). The Federal law requires the Federal Department f Health and Human Services t prvide technical assistance n best practices fr strategies t assist fster caregivers in applying the Reasnable and Prudent Parent Standard, while allwing children t participate in nrmal and beneficial activities (sectin 111(a)(3) f P. L ). Ohi lks frward t additinal guidance frm the Federal gvernment. ^ Nrmalcy and the RPPS Guide June

5 Hw will my agency help me nrmalize the experience f the child in my hme? The federal law requires agencies t certify that fster parents have skills and knwledge n the Reasnable and Prudent Parent Standard. Ohi s Office f Families and Children Deputy Directr Jennifer Justice recmmended in the May 2015 First Friday newsletter that agencies update their nrmalcy plicies and prcedures, eliminate incnsistent practices, and educate their emplyees abut cmmn miscnceptins. Agencies can supprt fster caregivers by: Prviding training, nt just n the Reasnable and Prudent Parent Standard, but n child develpment, and the impact trauma can have n develpment, emtins, and behavir Supprting caregivers as prfessinal members f the child serving team and being available fr cnsultatin Develping plicies that are easily understd and hused in a place easily accessible t caregivers Gather all knwn infrmatin abut the child s histry and current functining s the caregiver can be fully infrmed ^ Where can I get mre infrmatin? Karen McGrmley, Sectin Chief f Substitute Care and Permanency at ODJFS, is the lead fr implementing nrmalcy and the Reasnable and Prudent Parent Standard in Ohi. Her is [email protected]. Resurce articles: Guide fr States Implementing the Preventing Sex Trafficking and Strengthening Families Act (Center fr the Study f Scial Plicy) TRAFFICKING-AND-STRENGTHENING-FAMILIES-ACT-HR-4980.pdf Nrmalcy Guide (Juvenile Law Center) Fact Sheet n HR4980 (Children s Defense Fund) ^ Nrmalcy and the RPPS Guide June

6 References: Center fr the Study f Scial Plicy. (2014). Guide fr States Implementing the Preventing Sex Trafficking and Strengthening Families Act. Children s Defense Fund. (2014). Preventing Sex Trafficking and Strengthening Families Act (H.R. 4980). Farruggia, S.P. (2006). The Transitin frm fster care t independence. (Unpublished dissertatin). University f Califrnia, Irvine, Califrnia. Hendersn, T. (2011). Tales f transitin: A qualitative multiple case study inquiry n the emancipatin preparatin f fster care adlescents. Dissertatin Abstracts Internatinal, 71. J. Pkempner, K. Mrdecai, L. Rsad, & D. Subrahmanyam. (2015). Nrmalcy Guide. Juvenile Law Center. Ohi Department f Jb and Family Services, Office f Families and Children. (2015). Nrmalcy fr Children in Fster Care. First Friday newsletter, May 2015, p.4. Ohi Revised Cde (2014). Available at Ohi Revised Cde (2014). Available at Texas Department f Family and Prtective Services, Child Prtective Services. (2013). Nrmalcy Activities fr Children. Letter t Residential Cntractrs, August U.S. Department f Health and Human Services, Administratin fr Children and Families. (2014). Infrmatin Memrandum ACYF-CB-IM Nrmalcy and the RPPS Guide June