ARSD 67:42:01:06.01
The reasonable and prudent parent standard applies to facilities regulated by chapters 67:42:07, 67:42:08, 67:42:09, 67:42:13, and 67:42:15.
(2) The facility has acted in accordance with the standard.
Reasonable and prudent parent standard, § 67:42:01:01(12).
Treatment plan, § 67:42:07:05 (groupcarecentersforminors).
Treatment plan, § 67:42:08:05 (residentialtreatmentcenters).
Foster care services, § 67:42:09:17 (childplacementagencies).
Case plan requirements, § 67:42:13:03 (independentlivingpreparation).
Treatment plan, § 67:42:15:10 (intensiveresidentialtreatmentcenters).
Under the standard, each facility is required to have at least one official onsite who, with respect to any child placed at the child care institution, is designated to be the caregiver authorized to apply the standard to decisions involving the participation of the child in age- or developmentally-appropriate activities. Each designated official shall receive training in how to use and apply the standard.
A child’s treatment plan or case plan must demonstrate implementation of the reasonable and prudent parent standard.
A facility is not liable for harm caused to a child in an out-of-home placement if:
Source: 42 SDR 97, effective January 4, 2016; transferred from 67:42:07:04.01 ; 48 SDR 124, effective July 3, 2023.
General Authority: SDCL 26-6-16 .
Law Implemented: SDCL 26-6-16 (3)(6)(11).