(a) As used in this section:

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Terms Used In Tennessee Code 37-2-418

  • Agency: means a child care agency, as defined in title 71, chapter 3, part 5, or in chapter 5, part 5 of this title, regardless of whether such agency is licensed or approved, and includes the department of children's services. See Tennessee Code 37-2-402
  • Parent: means the natural parent or legal guardian, except in cases when guardianship is held by an agency pursuant to a determination of abandonment or surrender of parental rights. See Tennessee Code 37-2-402
(1) “Age- or developmentally-appropriate” means:

(A) Activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and
(B) In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child;
(2) “Caregiver” means the child’s foster parent, whether the child is in a family foster home or a therapeutic foster home, or the designated official at a child-placing agency; and
(3) “Reasonable and prudent parent standard” means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interest of a child while also encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the department to participate in age- or developmentally-appropriate extracurricular, enrichment, cultural, and social activities.
(b) Every child-placing agency that makes the determinations in subsection (c) shall designate an on-site official who is authorized to apply the reasonable and prudent parent standard and assist a caregiver in application of the reasonable and prudent parent standard.
(c) A caregiver shall use the reasonable and prudent parent standard when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities.
(d) The caregiver and the child-placing agency, if applicable, shall not be liable for injuries to the child that occur as a result of acting in accordance with the reasonable and prudent parent standard. Any caregiver or child-placing agency acting in good faith in compliance with the reasonable and prudent parent standard shall be immune from civil liability arising from such action.
(e) The immunity provided in subsection (d) shall not apply if the injuries to the child were caused by gross negligence, willful or wanton conduct, or intentional wrongdoing. Any liability under this subsection (e) that may be attributable to the department or any of its employees shall be strictly adjudicated before the claims commission pursuant to title 9, chapter 8, part 3, as applicable.
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