2016 Kentucky Revised Statutes CHAPTER 605 - ADMINISTRATIVE MATTERS .102 Caregiver of committed child to use reasonable and prudent parent standard for child's participation in age or developmentally appropriate activities -- Limitation of liability -- Cabinet official's immunity not abrogated or diminished.
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605.102
Caregiver of committed child to use reasonable and prudent parent
standard for child's participation in age or developmentally appropriate
activities -- Limitation of liability -- Cabinet official's immunity not abrogated
or diminished.
(1)
(2)
(3)
(4)
For the purposes of this section, "caregiver" has the same meaning as in 42 U.S.C.
sec. 675(10)(B).
In accordance with 42 U.S.C. sec. 671, a caregiver shall use the reasonable and
prudent parent standard to determine whether to allow a child in the custody of the
cabinet to participate in an age or developmentally appropriate extracurricular,
enrichment, or social activity.
A caregiver shall not be liable as a result of the caregiver's approval of the
participation of a child who is in the custody of the cabinet in an age or
developmentally appropriate activity, so long as the caregiver acts in accordance
with the reasonable and prudent parent standard. No provision in any agreement
between the cabinet and a caregiver shall diminish the standard of care as set forth
by this statute.
Nothing in this section is intended to abrogate or diminish the immunities of a
cabinet official acting in the course and scope of the cabinet official's employment
or create a legal duty on the part of a cabinet official.
Effective: July 15, 2016
History: Created 2016 Ky. Acts ch. 115, sec. 4, effective July 15, 2016.
Legislative Research Commission Note (7/15/2016). 2016 Ky. Acts ch. 115, sec. 4
directed that a new section of KRS Chapter 600 be created for the text of this statute.
The subject matter of KRS Chapter 600 relates to introductory matters of the Unified
Juvenile Code, KRS Chapters 600 to 645. Since this statute specifically addresses the
standard of judgment a caregiver of a committed child must exercise in allowing
participation in age or developmentally appropriate activities, in codification the
Reviser of Statutes created a new section of KRS Chapter 605, which addresses
administrative matters pertaining to committed children, as a more appropriate
statutory designation under the authority of KRS 7.136(1)(a).
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