This is one of a series of guidance documents for stakeholders on the reasonable and prudent parent standard and normalcy provisions of federal and state law. This document is for caregivers of children and youth who are placed in resource family homes. It is intended to provide some of the basics about federal and state laws that should support you in caring for children and youth placed in your home. There are additional documents for other stakeholders and system partners, such as parents and legal guardians, child welfare professionals and youth. You can find these additional FAQs here:

• FAQ - Normalcy and the Reasonable and Prudent Parenting Standard: Information for Youth and Young Adults  
  
• FAQ - Normalcy and the Reasonable and Prudent Parenting Standard Guidance for Parents and Legal Guardians  
• FAQ - Normalcy and the Reasonable and Prudent Parenting Standard Guidance for Caregivers in Resource Homes   
• FAQ - Normalcy and the Reasonable and Prudent Parenting Standard Guidance for Child Welfare Professionals 

In 2014, Congress enacted the Preventing Sex Trafficking & Strengthening Families Act, which promotes “normalcy” for children and youth in the foster care system. “Normalcy” essentially means that youth placed in the foster care system should be provided the same opportunities to participate in activities and experiences at school and in the community as their non-system involved peers. Put simply, normalcy means allowing “kids to be kids” and letting resource family parents parent without unnecessary constraints. 

For many years, youth in the foster care system have faced barriers to taking part in experiences that most kids take for granted, like participating in activities at school and spending time with friends. The good news is that the law has changed to reduce barriers that kids and resource family parents face so that they can have more opportunities to participate in activities and be part of the family and community in which they are living. These experiences build skills, relationships, and help enhance youth well-being.

This FAQ will provide much more detail below, but here are the basic ways the law helps kids be kids and lets resource family parents care for the children living in their homes.

• Caregivers, including resource family parents, are now able to make decisions about whether a youth can participate in certain activities. These activities include: extracurricular, enrichment, social, and cultural activities. Caregivers can make these decisions on their own without getting the permission of a Worker or going to court.
  
  
• Resource family parents can decide whether or not youth can participate in activities by using what is called the “reasonable and prudent parent standard.”  This standard is simply the decision- making standard a parent would use in making decisions about his or her own child. All resource family parents are required to be trained about the law and reasonable and prudent parent standard.  
  
  
• Resource family parents are protected from liability if a child is hurt during an activity as long as they have been trained in the standard and made a good faith effort to exercise the reasonable and prudent parent standard.  This protection shows caregivers that they should not let their decisions be driven by fear; they should use their good judgement and skill.

Q1: What types of activities does the law apply to? 
A: Resource family parents can make the decision about whether children and youth participate in extracurricular, enrichment, social, and cultural activities. They can make these decision on their own without getting the permission of a Worker or going to court. More details about activities and how caregivers should make decisions can be found below in this document at Section C, Question 2. Examples of activities include, but are not limited to, the following: 

• Community events and activities
• Most short trips or excursions. (See the new travel policy for more detail.)
• Camping/hiking
• Sports and clubs
• Swimming and water activities
• Day/sleep over camps
• Field trips
• School related activities
• Youth organization activities
• Attending a movie/mall or other social outing with friends
• Spending the night away from the caregiver’s home at the home of friends or as part of a planned activity
• Volunteering and internships
• Dating
• Travel in cars with peers and/or peer’s parents
• Access to a telephone for phone calls
• Access to the internet and social media

Q2: Does the law apply to all children and youth placed by CP & P?
A: Yes. The law applies to all children and youth who are placed through CP & P and it is the expectation that all youth in the care of CP&P will have access to age appropriate activities and experiences because they are important to child well-being. However, additional guidance will need to be developed for different placement types. The law does apply to resource family care homes, kinship care, congregate care homes and facilities, and supervised independent living placements. Special guidance will be provided on the application of the normalcy law to congregate care homes and facilities. In addition, treatment facilities or settings that are paid for by Medicaid should follow the spirit of the law and support the participation of youth in activities. However, it is not yet clear how the law will apply to those placements and the information provided in this FAQ speaks specifically to children and youth placed in resource family care.

Q3: Who is a caregiver?  
A: The law applies to “caregivers.” Caregivers include resource family parents like you. Caregivers also include designated individuals at any congregate care homes and facilities where a youth is placed by CP & P. The new law requires the designation of a caregiver to exercise the reasonable and prudent parent standard in these settings. 

Q4: What must the state child welfare agency—CP& P-- do to implement the law?  
A: CP & P must put the reasonable and prudent parent standard in place, ensure that resource family parents and all caregivers have training in exercising the standard, and must ensure that non-family based care settings, including congregate care homes and facilities and supervised independent living placements have someone designated as a caregiver to exercise the reasonable and prudent parent standard. 

Q5: How will case planning be affected by the normalcy law?  
A: Case planning meetings should include discussions about participation in age-appropriate activities. The case plan should include goals around participation in age-appropriate activities as well as supports that are needed to ensure participation. Case planning meetings are a good time to pro-actively problem solve in areas where

there may be disagreement around participation in certain activities. It also gives the team the time to do careful planning and overcome any barriers to participation, such as applying for a fee waiver or arranging transportation.

In addition, the law includes additional requirements around the case planning meeting. Youth must be provided the opportunity to invite two people who are not a foster parent or part of the casework staff to the case planning meeting and at least one of those people can be an advocate on normalcy and participation in age-appropriate activities. 

Q6: What is the role of the courts in promoting normalcy and the reasonable and prudent parent standard?
A: As part of the review hearing, the judge and Child Placement Review Board (CPRB) should inquire about the child’s extracurricular and enrichment activities as well as opportunities to be part of the community and resource family. This inquiry should occur for all youth, and the federal law requires it for all youth with the permanency plan of Another Planned Permanent Living Arrangement. Law guardians, DAGs, parents’ attorneys, and CASA volunteers should be facilitating and supporting this inquiry to make sure findings are made at reviews. It is important that training is provided to judges, court personnel, attorneys and other court affiliated programs so they are prepared for these inquiries.

As always, resource family parents must be notified of the child’s court hearings and provided an opportunity to give input. This can be done by speaking in court, completing the Resource Family Information Form, or writing a letter. Resource parents should use the opportunity for input to report on whether youth are participating in age-appropriate activities as well as any concerns or challenges.

Q7: What can a resource family parent do to make sure the court is informed about a youth’s participation in activities and experiences in the community?  
A: Resource family parents should be provided notice of all hearings and be given an opportunity to provide information to the court. NJ Rev. Stat. 30:4C-61.2(7). Resource families can provide the court information about the child’s activities and experiences by attending court. They can also submit their input by completing the Resource Family Information Form or writing a letter to the court.  

Q8: How will any costs associated with youths’ participation in activities be covered? 
A: The law does not directly address the issue of funding normalcy activities or increased transportation costs. The base level of care rate for a child in resource family care includes provisions for vacation, entertainment, enrichment, and special events.   Resource family parents should consult the youth’s Worker to determine how an activity will be paid for if they have concerns.  They should also think creatively about free or low-cost ways to provide access to these opportunities. See the Practice Tips directly below for information about funds that may be available to cover costs related to activities. 

Practice Tips:

• Flexible Funds can be requested by the Worker to cover the cost of enrichment activities after all other funds have been exhausted. See the following link for more information: https://www.fafsonline.org/fact_sheets//flex_fund.pdf. The CP & P Flexible Fund policy can be found at http://www.state.nj.us/dcf/policy_manuals/CPP-IX-F-1-400_issuance.shtml
• Funds from the Local Office Bank Account can be requested by the Worker for clothing related to activities, such as teams or clubs.
• Embrella (formerly FAFS) has two funds--Fostering Wishes for Children and Dreamers and Believers—that can be requested to pay for enrichment activities, including summer camps.  Click here for more information.   You can also call embrella at 1.800.222.0047.
• Requests for funds to cover various needs and enrichment activities/items can be made to One Simple Wish at www.onesimplewish.org.
• To find free or low-cost activities in your community, start by looking at the website for your local county, municipality, and chamber of commerce.

Q9: Can a resource parent be held liable if a child’s safety is jeopardized while participating in an activity a resource parent approved? 
A: A caregiver is not liable for harm caused to a child who participates in an activity approved by the caregiver, provided that the caregiver has been trained in and has acted in accordance with the reasonable and prudent parent standard. You can read the law here:  An Act Concerning Caregiver Liability. 

Q10: Will CP&P provide an attorney to represent a resource family parent if they are sued when a child is injured while participating in an activity that the resource parent approved?  
A: CP&P will provide an attorney for a resource family parent who has been sued when a child is injured after participating in an activity approved by the resource family parent as long as they were trained on and exercised the reasonable and prudent parent standard. Please consult the Worker, Supervisor and DAG in the case for more information on whether you are eligible for this assistance. 

Q11: How will caregivers be told about the provisions?  
A: Caregivers will receive training and be provided information and support around the law and related policies. Youth will also be notified of the provisions and be provided materials. Workers will play a crucial role in ensuring both caregiver and youth are notified and understand the provisions.

Q12: How will parents and family members be told about the provisions? 
A: Workers will inform and explain the provisions to parents and legal guardians so they understand that resource family parents can now make decisions about participation in some activities. Parents will be told that this change does not impact the rights parents retain to make important decisions about their children, especially in the areas of health, education, and religion. Resource family parents are encouraged to include parents in decision making about activities and in the child’s activities when possible. This is a great way to model and support the development of parenting skills and to strengthen the parent child bond. Please see below Section C, Question 4 for more details on how you can include the child’s parent in decisions about activities. 

Q13: Does the law allow resource family parents to make any type of decision for the child? 
A: No. The reasonable and prudent parent standard allows resource family parents to make decisions regarding a child’s participation in extracurricular, enrichment, cultural, or social activities. This is an important area

of decision making, but does not include all decisions. For example, here are some of the areas of the law where parents have decision making authority unless a court has said otherwise:  

• Consent for many medical treatments, including medication authorizations or approvals
• Disciplinary and control policies, regulations, and rights
• Confidentiality policies
• Educational-related decisions

Also, decisions made using the reasonable and prudent parent standard cannot violate existing court orders and/or rulings and decisions related to visitation, therapy, or other related schedules. 

To read more about decisions that the Reasonable and Prudent Parent Standard (RPPS) does not apply see Section D, iii. 

Q1: What is the reasonable and prudent parent standard?  
A: This standard asks caregivers in the foster care system to make decisions for the children placed in their homes just as they would for their own biological children so that they can have experiences similar to their peers. Resource family parents can make decisions about a child’s participation in age and developmentally appropriate activities without the prior approval of the biological parent, CP&P or court. Resource parents’ decisions, however, must be guided by the reasonable and prudent parent standard. 

Q2: What should a resource family parent consider when making a decision using the reasonable and prudent parent standard? 
A: Caregivers have good parenting skills and the reasonable and prudent parent standard supports those skills and promotes youth’s access to age-appropriate activities. The reasonable and prudent parent standard is “characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while encouraging [their] emotional and developmental growth” through participation “in extracurricular, enrichment, cultural, and social activities.”  

Caregivers should approach decision making as a parent would for their own child and not treat a child any different because they are in foster care. In applying the standard, a resource family parent should gather adequate information about the activity and consider information he or she has about the youth. Here are some things that the resource family parent should consider to help make a decision about participation in an activity or opportunity:  

• The appropriateness of the activity, child/youth’s age, and developmental stage
• Potential safety risks involved in the activity
• Supports, planning, or accommodations that can help manage the potential risks of the activity
• Determining if supervision will be provided or is needed
• Encouraging the child/youth’s formation of healthy age-appropriate social relationships and bonds
• Allowing the child/youth to maintain an age-appropriate degree of personal privacy
• Helping the child/youth develop skills and nurtures an interest or talent
• Encouraging the emotional, developmental, or cultural growth of the child/youth
• Helping connect the child/youth to the community
• Helping the child/youth to use and develop age-appropriate autonomy and decision-making skills
  
  

The resource family parent should also take into consideration the child or youth’s wishes when deciding whether to provide permission to participate in an activity. Finally, the decisions a caregiver makes using the reasonable and prudent parent standard cannot conflict with requirements of the case plan or a court order. 

Q3: If the child or youth needs supports or accommodations so that he or she can participate safely, should the caregiver say “yes” or “no” to participation? 
A: If the caregiver thinks participation in the activity makes sense, but that accommodations and planning are needed to make it appropriate and safe, the caregiver should say “yes” and work with the child’s team to make sure the accommodations are in place. Children and youth with disabilities should be supported in participating in community-based activities. Contact embrella and ask for help finding resources by calling 1.800.222.0047. The child health unit nurse as well as the school district can be good resources for information on accommodations and opportunities for activities. Finally, please see the following publication for information and agencies that can help with advocacy on accessing accommodations: Department of Human Services Division of Disability Services: New Jersey Resources (2017).  

Q4: How will biological parents, guardians and family be involved in decision making for the child or youth about participation in enrichment, extracurricular, social and cultural activities? 
A: The child or youth, resource family parents and Worker should talk with the child’s parent or legal guardian to understand their opinions and concerns related to participation in activities. The opinion of the parent or legal guardian may not necessarily determine whether a child will participate in an activity or not, but the parent will likely have helpful information that a caregiver can use to make a good decision so seeking their views and information is important.

Parents may also be able to participate in activities with youth when consistent with the permanency and visitation plan. Even if the consent of the parent is not needed for the child to participate in an activity, seeking their support and views may make sense for the case and can be a great way for the resource family parent to forge a collaborative and supportive relationship with the child’s family.  

Practice Tips: Working with Parents

• Resource family parents should consider values and input from the child’s parent shared from child and include them in decision making when it is possible.
• Including the child’s family in the child’s activities is a good way to help support the parent-child relationship and establish a collaborative and supportive relationship.

Q5: How will the child be involved in decision making about activities under the normalcy law? 
A: Resource family parents and designated caregivers at congregate care homes and facilities should consult with the child or youth about their wishes in an age-appropriate manner. Involving youth in decisions about their participation in activities provides learning opportunities for the child, promotes independent living skills, and empowers the child to be involved in their own case planning. The resource family parent and the child may have different ideas and opinions on what is normal or age-and-developmentally appropriate that are worth discussing. Finally, children and youth may not have a good sense of what activities are available in the community and would benefit from the help of the resource family parent and Worker. Exploring opportunities and interests with the youth is a great way to get to know them and connect with them. In the end, the caregiver gets to make the decision, but the decision is likely to be a better one—and one the youth can accept-- if the youth has been involved.  

Q6: Is there a process for children or youth to dispute a resource parent’s decision under the reasonable and prudent parent standard? 
The reasonable and prudent parent standard gives caregivers decision-making power for certain activities and does not require approval from outside parties, CP&P, the court, or biological parents. Youth, especially those who are 14 years old or older, should be involved in conversations about participation in activities so that they can express their interest and understand the caregiver’s reasoning. However, just as with many decisions that parents make, a caregiver may say “no” to a child’s request to participate in an activity.

Caregivers should talk with the youth about their reasons for denying permission for participation in an activity so that they understand the decision. The caregiver should discuss and brainstorm with the youth other ways that they may be able to participate in the activity or what would need to happen so that the youth could participate.  

If the youth is dissatisfied with a caregiver’s decision after such a discussion, he or she should be encouraged to: 

1. Speak with his or her Worker and their Supervisor.
2. Learn about their rights by reading the Youth Bill of Rights.
3. Ask for the issue to be discussed at a case planning or family team meeting.
4. Contact the Office of Advocacy (Telephone: 1-877-543-7864 – Email: askdcf@dcf.state.nj.us)
5. Contact their law guardian or CASA on the case.
6. Bring the issue to the attention of the judge at the next review hearing.

Practice Tips:

• Be creative and flexible so that “yes” can be the answer as much as possible.
• Explain to youth why you have said “no” so that it can be an opportunity for learning.
• Ask for help and to discuss issues when you are having trouble making a decision
• Encourage youth to ask questions and advocate for themselves in a respectful way. 

1. Travel, babysitting, and supervision
2. Specific populations
   • Youth with Disabilities
   • LGBTQIA Youth
   • Parenting Youth
3. Decisions the RPPS does not apply to
4. Activities impacting adolescents and youth
5. Grooming, style, and clothing

Q1: Does the normalcy law apply to unsupervised time at home?   
A: No. The normalcy law specifically addresses extracurricular, enrichment, social and cultural activities. However, it continues to be the case in New Jersey that all parents—including resource family parents—can determine the level of supervision that a child in their care needs and under what circumstances they can be left alone. This policy and practice is not new, but is consistent with the reasonable and prudent parent standard. More detailed information about the supervision of children in placement can be found here on page 52.  

Q2: Can a child spend the night away from the resource parent and the resource parent’s home on a planned trip? 
A: Trips of varying lengths that are away from the caregiver’s home and without a caregiver’s direct supervision may be appropriate for a child or youth and the caregiver should exercise the reasonable and prudent parent standard to make that determination. 

There are many different types of trips that may be appropriate for a youth given their age and the factors listed above in Section C, Question 2. School or other organized trips that have some level of supervision can be great learning experiences for youth. Other trips that youth plan that have less supervision may also be appropriate depending on the age of the youth and all other factors. While a caregiver should make his or her decision with safety in mind, background checks of individuals in who may be part of the trip are not required. 

CP&P has issued an Overnight Travel Policy that is described in more detail directly below. This policy allows the caregiver to make decisions on their own about some travel, but provides details for situations where permission from CP&P is needed when the travel is for a longer time period or is out of country.  

Q3: Can a child spend the night at the home of a friend?  
A: Yes. Caregivers should use the reasonable and prudent parent standard to determine whether to give permission for a child to spend time or sleep over for one night or the weekend at a friend’s house. This includes youth in congregate care homes and facilities and supervised independent living placements. The caregiver should use the factors discussed above in Section C, Question 2 to determine if the activity is safe an appropriate. While a caregiver should make his or her decision with safety in mind, background checks of the individuals in the home are not required.  

Q4: Whose permission is needed if a resource family parent wants to take a child on vacation in New Jersey or out of state?   
A: Resource family parents are encouraged to take children who are placed with them on vacation with them and support youth in taking opportunities for travel that will be enjoyable and enriching. This includes in and out of state travel. Caregivers should use the reasonable and prudent parent standard to make these decisions, but the requirements for permission and notification of other parties will depend on the length of the trip and the location.  

The Overnight Travel Policy details the process that the Worker should follow based on how long the travel will be and the location. If the trip will involve travel of seven or fewer nights, the resource family parent can make the decision whether the child should take part in the trip, but must notify the Worker of the trip so that CP&P knows the whereabouts of the youth. Notification should be provided to the Worker or Supervisor at least two (2) business days prior to the overnight travel, or as early as possible. If children and youth stay outside of the home they are placed for no more than one (1) overnight, and notification of two (2) business days is impractical, notification to the Worker or Supervisor should be given by the resource parent the business day following the overnight travel.  

If the travel is more than seven nights, the resource family parent must seek permission from CP& P by asking the Worker. CP&P’s policy is to provide authorization of such requests as long as the trips is age -appropriate and does not conflict with any court orders. The child’s parent will be notified of the request if parental rights have not been terminated and asked to consent. If the parent informs the Worker verbally or in writing that he or she does not consent, the Worker should consult with the DAG as soon as this opposition is known so that actions can be taken to resolve the issue. The DAG will advise the Worker on how to proceed.  

Any international travel for of children and youth in placement must be approved by the Local Office Manager (LOM) after consultation with a Deputy Attorney General (DAG). International travel may be prohibited to countries that pose unique safety risks or if there are concerns about the foreign country’s recognition of the resource parent or CP&P’s parental and custody rights. 

Resource family parents must notify the Worker of a plan to travel internationally with the child, or for the child to travel internationally six (6) months before the date of departure, if feasible, but not less than four (4) months before the planned departure date. As soon as a request is made, the Worker must notify the DAG and convene a planning meeting with the child’s team.  

Please see the detailed policy here. 

Note that reasonable and prudent parenting decisions cannot violate any court orders or case plan requirements, such as visitation orders. If the travel interferes with an ordered activity or event, the resource family parent must secure authorization from CP & P and may also need authorization from the court. Because many families plan vacations and trips in advance, this is a great topic to raise at the case planning meeting so any conflicting obligations can be resolved.  

Q5: Whose permission is needed if a child wants to attend activities or events in the community without direct adult supervision? 
A: This is the type of decision a resource parent can make using the reasonable and prudent parent standard. Youth should experience circumstances without direct supervision depending on the child’s age, maturity, and ability to make appropriate decisions. Going to fairs, sports games, the mall, movies, and biking riding, for example, are all activities that children and youth participate in as part of growing up. Resource family parents should use the factors described above in Section C, Question 2 to determine if the activity is appropriate or whether any arrangements would need to be made to make it appropriate. This is also true for youth in congregate care homes and facilities and supervised independent living placements.

Q6: Who can watch a child if a resource parent has an emergency and needs to arrange for babysitting? 
A: According to existing policy, caregivers can select a reliable and mature person to provide “babysitting” for a child placed in their care. “Babysitting” is defined as “short term care and supervision of a child for less than 24 hours that occurs on an occasional basis.” The “babysitter” could include a resource family parent’s biological child, a relative or neighbor. The length of babysitting time depends on the maturity and needs of the child and the maturity and skill of the babysitter. For more information see Babysitting for Children in Foster Care Placement.    

Q7: How does the normalcy law apply to youth with disabilities? 
A: The law applies to all youth in care, including youth with disabilities. Under this law, and existing federal law—the Americans with Disabilities Act and Rehabilitation Act —youth with disabilities should have the same access to activities and experiences as their non-disabled peers. To make access possible, resource parents should be supported in arranging for accommodations and supports for youth that are needed to make an activity safe.

Practice Tips for Providing Normalcy to Youth With Disabilities

• Help you youth learn about their disabilities and how to meet their health care needs as they age. They need to learn how to maintain equipment, take medication, and ask for help when they need it. This is scary for all caregivers and parents, but is an important part of the caregiving processes.
• Youth with special physical or mental health needs should not be denied permission because of hypothetical risks. Instead, resource family parents should plan with the youth and his or her support network so that the risk can be managed and so that any needed accommodations can be arranged for.
• Managing risk and providing safety for the youth may involve sharing information about the disability with others, but in most cases it will not. Confidentiality is important for all youth, including youth with disabilities—brain storm ways to manage risk that also allow for confidentiality.
• For more information on finding more resources and arranging accommodations, see Section C, Questions 3.

Q8: How does the normalcy law affect LGBTQ youth? 
A: The law applies fully to LGBTQ youth. Implementing the normalcy provisions for LGBTQ youth includes providing affirming environments where youth feel respected and supported. The agency has signed the All Children—All Families Pledge and is committed to recruiting and supporting caregivers who identify as LGBTQ and ensuring that youth in care are treated and served with respect and in environments that are affirming. To find out more about All Children—All Families, please see http://www.nj.gov/njfosteradopt/services/acaf.html

Caregivers are to permit youth to define their identity through the clothing, name, and use of pronouns that they choose. Caregivers should encourage participation in activities or with communities that support LGBTQIA and gender non-conforming youth. Caregivers should be provided with training and support to provide affirming environments to youth and should ask for help and information if they need it. Please contact embrella about training opportunities by going online at https://www.fafsonline.org/free-foster-adoptive-kinship-parent-training-nj/ or calling 1.800.222.0047.

Practice Tips for Providing Normalcy to LGBTQ Youth

• Ask youth for their chosen name and pronoun and use it.
• Allow youth to purchase clothing and other accessories that match their chosen identity.
• Assist youth in finding safe spaces and activities that give them enjoyment and confidence.
• Assist youth in finding support groups that are affirming.

Q9: How can resource family parents support normalcy for teenage parents in care? 
A: Youth who are parents will need the support of resource family parents as they parent their own child and as they participate in community based activities. This includes mothers and fathers. A teen parent is busy as a parent, but also needs the support of a caregiver to meet his or her own needs as they grow up.

Assisting the youth with coordinating schedules and arranging child care will be key to ensuring normalcy for teenage parents. As with any other youth, the caregiver may consider a teenage parent’s individual situation, health, and responsibilities when giving permission to participate in a particular activity, but should work to reduce barriers as much as possible so that the youth has opportunities to develop as a parent and as an individual.  

Practice Tips to Provide Normalcy to Youth who are Parents:

• Encourage and support parenting youth to pursue their interests and talents.
• Make sure parenting youth have access to child care so that they can participate in activities.
• Assist parenting youth in identifying activities that they could participate in with their children as well as on their own.  
• Support young parents in developing their parenting skills.

Q10: How does the law apply to youth who are also involved with the juvenile justice system?  

A: The reasonable and prudent parent standard does apply to youth who are involved in both the child welfare and juvenile justice systems. Caregivers should promote and support access to activities for these youth to the same extent as youth who are just involved in the foster care system.

It is important to remember that the reasonable and prudent standard is limited by court orders and case plan. If a youth who is involved in the juvenile justice system has probation restrictions or requirements, these would limit the decisions that are made by the caregiver about participation in activities.   Activities in the community and school, mentoring programs, and the support of peers can go a long way to help a youth develop skills and social networks that keep them out of the juvenile justice system. Caregivers should be encouraged to get youth involved in activities and not shy away from these opportunities because a youth is involved in the justice system.

Practice Tips to Provide Normalcy to Youth with Juvenile Justice Involvement:

• Use the same considerations for decision making as listed above for all youth. See Section C, Question 2.
• Remember that court orders, such as probation conditions or requirements, must be followed when making decisions about participation in activities.
• Be creative and problem solve to ensure that youth meet their court ordered requirements, but also have access to opportunities. If, for example, court ordered therapy conflicts with an activity that the resource parent thinks would be worthwhile, contact the case planning team and see if the therapy appointment can be re-scheduled or see if the activity can occur on another day or time.

Q11: Does the reasonable and prudent parent standard apply to decisions about education? 
A: No. Most decisions about education are guided by existing law. Biological parents, guardians, or education decision makers appointed by the court have the legal right to make decisions about a youth’s educational placement, an Individualized Education Plan (IEP) if one exists and any school disciplinary actions. Sometimes resource parents are designated as an education decision maker.

However, resource family parents can make decisions about activities that are related to or take place at school– such as field trips to a museum or participation in an extracurricular club, participation in student government or sports teams. This is because extracurricular and enrichment activities do fall under the reasonable and prudent parent standard. 

Q12: Does the reasonable and prudent parent standard apply to decisions made about religion? 
A: No. Resource family parents and caregivers are not permitted to make decisions about religion for a youth in their care. The law does not interfere with parents’ constitutional right to make decisions about their children’s religion. State regulations grant youth in foster care the right to participate in religious activities of their choosing. Youth can attend their preferred house of worship and participate in religious activities significant to them. 

There may be some activities that occur at a religious institution that do not include religious observance, such as a camp or club. These situations may not necessarily impact religious rights and may fall more squarely in the reasonable and prudent parent standard. Similarly, there may be some activities that take on religious significance for some groups that should be treated with care.

Because some religious activities may implicate both the rights of parents as well as the individual rights of a youth, you may want to consult with the Worker on the case if you would like more information or assistance in making a decision.

Q13: Does the reasonable and prudent parent standard apply to decisions made about treatment related to physical health? 
A: No. The reasonable and prudent parent standard does not affect existing law regarding youth’s medical care and consent to treatment.

• Parents retain the right to consent to their children’s non-routine medical care, such as non-emergency surgery.
• CP&P may consent to routine medical care such as doctor’s visits.
• Youth may consent to some treatment on their own, including:
1. obtaining birth control, pregnancy tests, and testing for sexually transmitted diseases and other diseases without the permission of a parent, guardian, caregiver, or CP&P;
2. testing and treatment related to HIV at age 13 or older; and
3. medical care for their own child if they are a parent.

See Issuance 100, C P & P, Authority to Issue Consent for more detail. See also, Issuance 250, Medical Care of Children Receiving Services from CP & P, and NJ Rev. Stat. §9:17A-4 (consent by minor to treatment).   

Q14: Does the reasonable and prudent parent standard apply to decisions made about behavioral health treatment?  
A: No. The reasonable and prudent parent standard does not affect existing law regarding a youth’s behavioral health care and consent to treatment. Parents retain the right to consent to behavioral health treatment for their children depending on the treatment and age of the child. However, youth of any age have the authority to consent to substance abuse treatment. Youth who are age 16 or older have the authority to consent to behavioral health treatment.

For more information see Issuance 100, C P & P, Authority to Issue Consent. Issuance 250, Medical Care of Children Receiving Services from CP & P, and NJ Rev. Stat. §9:17A-4 (consent by minor to treatment).

Q15: Can a youth in care use social media unsupervised?  
A: Caregivers should use the reasonable and prudent parent standard to make decisions about social media use and supervision. Use of online social networking sites to communicate with family and friends is common, everyday practice for most people in modern society. Resource family parents and youth in care are no exception. Youth should be allowed age-appropriate access and should be taught the skills needed to use the internet and social media and to protect him or herself from risks.

Youth should be taught skills so that they can protect themselves and understand the risks that sharing their personal information can pose, including risks like identify theft. Similarly, resource family parents should be instructed in how to respond to threats or safety concerns that children and youth may face through social media, including, but not limited to a youth being threatened via social media or the use of a Global Positioning Device to track a child’s location without their permission.

Resource family parents should develop age-appropriate house rules and parameters with youth in their homes and Worker should help facilitate these discussions. Rules should take into account factors such as: Age and maturity of the child or youth; Whether access is needed for academic instruction; The experience of the child or youth before entering the home; Special needs of the child or youth (online instruction or therapy, services or programs used via the internet) that are determined to be appropriate or helpful.

Here is a link to the Social Media Policy.

Embrella offers a training on social media for caregivers. Please look out for it on their website: https://www.embrella.org/pdf/training/catalog.pdf. Also, please check out their Fact Sheet on Social Media Confidentiality 

Practice Tips

• Know the technology and social media that youth are using. This includes: Facebook, Twitter, Instagram, Snapchat, YouTube, Kix, and Flickr
• Discuss with youth the benefits of social media use, such as connecting with peers, family, and support networks, research, and information gathering.
• Discuss with youth the risks of social media use, including the importance of maintaining confidentiality and privacy as well as the risks of communicating with people online versus in person. Make sure youth understand the risk of identity theft and the consequences of sharing private information with others. Help them understand how to use privacy and location settings.
• Set house rules on social media use. Let youth know how their use will be monitored and how that will impact their privacy.

Q16: Are youth in foster care allowed to have cell phones?  
A: Yes. Youth in care should have the same opportunity to have a cell phone as youth who are not in care. Caregivers should use the reasonable and prudent parent standard to make this determination.

In addition to considering the youth’s maturity level, considerations also include cost. There are a variety of methods that a youth may obtain and pay for a cell phone. For example, the youth may have a cell phone that is part of a cell phone contract with their biological family; the resource family parent may agree to add the youth on their own family cell phone plan, the youth may have a prepaid or pay-as-you-go plan, or the youth may have his/her own individual contract.

Having a cell phone has become the norm for most young people and can be a vital way for them to connect with their case planning team as well as their family. Some youth find texting a more comfortable way to communicate and reach out for help than having a face-to-face conversation. Caregivers should be encouraged to use cell phone use and cost as an opportunity to teach responsibility and budgeting as a well as a way to connect with youth. Here is a link to the Social Media Policy.  

Workers should discuss with youth and resource family parents whether a youth will have a cell phone when they enter placement and at case planning meetings so that issues around use and cost can be clear.   In addition, upon placement of a child in a resource family home, the Worker must a complete inventory of the electronic devices the child or youth is bringing into placement or acquired after entering placement.

Q17: Who gets to decide if a youth in care can get a job? 
A: Youth should be encouraged and supported in getting work experiences and employment. But, if the youth is under age 18, a parent or guardian is needed to complete the youth’s employment authorization form (“working paper”). The reasonable and prudent parent standard does not change this requirement. Part-time, summer or full-time jobs are an important way to learn independent living skills, get a sense for career options, and make valuable connections with adults and peers. Caregivers and the youth’s team should support the youth in identifying and having work experiences, getting working papers signed, and resolving any barriers to employment like transportation. See this link to find out more about getting an employment certificate. 

Practice Tips

• Resource parents should encourage youth to get work experiences in formal and informal ways, including, but not limited to work and chores around the home, summer and after school jobs, and internships.

• Take opportunities to talk to youth about their interests and help them find opportunities to learn about different jobs and careers.

• Use the experience of employment as an opportunity to teach budgeting and money management.  

• Resource parents can help youth learn about opportunities by checking out the New Jersey Career Assistance Navigator at https://portal.njcis.intocareers.org/. They should also explore the New Jersey Resource Spot, which include information on employment programs and resources. It can be found at http://www.njyrs.org/Resources.  

• Talk about employment and work experiences at the case planning meeting so that plans can be made to have working papers signed if the youth is under age 18.

Q18: Who gets to decide and give permission for a youth to attend college, vocational school, or training.? 
A: If the youth is under age 18, the parent, guardian, or court appointed educational rights holder would make that decision. The decision, however, should be made with significant youth involvement. If the young person is age 18 or older, they get to decide, and should work with their case planning team to get any support that is needed. 

Practice Tips:

• Resource family parents and the youth’s case planning team should support youth in exploring their options and making good decisions about post-secondary education and training programs. Youth often need assistance in understanding things like the difference between loans and grants and the necessary deadlines for different application and benefit from the guidance of caring adults.
• Help youth explore the New Jersey Resource Spot, which includes information on an array of educational and training programs and help with financial aid and scholarships.      
• Help youth explore information on the NJ Educational Opportunity Fund and the New Jersey Foster Care Scholars program. The application for the New Jersey Foster Care Scholars program can be found here.
• Embrella offers privately funded academic scholarships and grants for youth previously or currently in care in New Jersey. These awards are available to High School Seniors to assist in obtaining a higher education or with moving into the next phase of their lives. More information can be found at https://www.embrella.org/nj-private-foster-scholarship/ or by calling embrella at 1.800.222.0047 

Q19: Who gets to decide and give permission for a youth to take classes that help them prepare for college, such as the SATs or ACTs.? 
A: These activities are of the type that a resource parent can give permission for using the reasonable and prudent parent standard. A youth’s desire to take such preparation classes should be supported. See the information above for funds that can be requested to pay for such courses. See section B, Question 6.

Q20: Does the reasonable and prudent parent standard (RPPS) impact a youth in care’s ability to drive or get a driver’s license?  

A: Not really. Under current law in NJ, a minor needs the permission of a parent or legal guardian to get a learner’s permit and/or an examination license, which precedes a probationary license. The normalcy law does not change this existing law regarding whose permission is required.

CP&P can help youth with the cost of taking a driver’s training class, which includes behind-the-wheel driving practice, and the cost of the state road test and driver’s license fees. A Worker can request Flex Funds for these expenses. See this fact sheet for more information.

Currently, there are no special programs that assist youth and resource families with paying for car insurance. However, please see the information above about funds that may be requested. See Section B, Question 6.

Q21: How does the reasonable and prudent parent standard apply to youth who are ages 18-21 and still in the child welfare system?  

A: The reasonable and prudent parent standard applies to all youth who are under the care and responsibility of CP&P. This includes youth who have chosen to remain in care after their 18^th birthday. However, caregivers should approach decisions as they would for their adult children. These young people have the same rights to make decisions as any legal adult. Caregivers should support young adults in the development of good decision-making skills, which includes allowing age appropriate freedom and responsibility.

Practice Tips to Provide Normalcy to Young Adults 18-21:

• Work with the young adult to establish age-appropriate house rules that help teach freedom and responsibility.
• Resource family parents should set expectations as any parent does, but should shift into more of a supportive role, helping youth make thoughtful and good decisions.
• Young adults should be expected to engage in healthy risk-taking behavior.       Young adults will sometimes make poor decisions and are still in the processes of learning to make decisions in terms of long term goals and rewards.

Be patient and help young adults learn from experiences, including mistakes. Ask for help and support from your Worker when you need it!

Q22: Can a resource family parent give permission for a child in his or her care to get a haircut?  
A: Yes. Resource parents should use the reasonable and prudent parent standard to make decisions about haircuts and styling. However, hair styles may have great cultural significance for the child and the child’s family, such as long hair for Native American children.

Resource family parents should be familiar with and understand the cultural norms of the child and their family before deciding whether to have the child’s hair cut or styled differently. They should also understand how to care for the child’s hair and ask for information or support on this area if they need it.

As youth get older, they naturally explore their identity and often do this through choices of clothing, hair style, and grooming. Caregivers should use the reasonable and prudent parent standard, including considering the child’s wishes, age, maturity, and developmental level to make a decision to allow the child to cut or dye their hair. Caregivers should be patient and flexible with youth as they explore their style. As discussed above, providing normalcy to youth includes affirming their chosen identity. See Section D, ii, Question 8. A youth should be respected in the style, grooming, and clothing choices that they make related to the gender they identify with.

Practice Tips:

• Engage biological parents and family when possible before making grooming decisions that are significant and may have cultural or other important meaning.
• Understand how to groom and style the hair of the children in your care and ask for help or training if you do not have those skills and knowledge. There are many trainings and resource materials that can help, such as those offered by Embrella.
• As youth get older and explore who they are and their identity, be patient and respect their style decisions and expressions. Try to engage them in discussion about choices that you do not understand rather than prohibiting their individual expression.
• Respect clothing, grooming, and style choices that reflect the gender a youth identifies with. Ask for support from your Worker if you need help or training.

Q23: Does the implementation of the reasonable and prudent parent standard impact whether a child can get a tattoo or body piercings?  
A: No. Tattooing and body piercing is governed by state law and not impacted by the reasonable and prudent parent standard. In NJ, pursuant to NJ Rev. Stat. § 2C:40-21, parental consent is required for a minor to get a tattoo or body piercing. At age 18, an individual can consent on their own. This is true for all youth whether or not they are in the child welfare system.