AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CHILDREN IN DSCYF CUSTODY.

This bill implements a portion of the federal requirements in the bipartisan Preventing Sex Trafficking and Strengthening Families Act to promote greater “normalcy” for youth in foster care. Specifically, it provides a limitation from liability provision for foster parents who exercise the reasonable and prudent parent standard for those youth in their care to allow their participation in age appropriate activities. Section 2523(b) provides certain criteria to determine whether a decision is reasonable and prudent, including: the wishes of the child; the wishes of the child’s parent; best interests of the child; the child’s age, maturity, and any potential risk factors to the child or others; and the appropriateness of the activity and experience for extracurricular, cultural, or social enrichment.