KRS 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 -- Cabinet and caregiver to verify

appropriateness of child's application for operator's license or permit --

Request for cancellation -- Administrative regulation.

(1) For the purposes of this section, "caregiver" has the same meaning as in 42

U.S.C. sec. 675(10)(B).

(2) 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.

(3) 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.

(4) 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.

(5) The cabinet, in conjunction with the child's caregiver, shall utilize the

reasonable and prudent parent standard to:

(a) Verify that a child is in the custody of the cabinet and is age or

developmentally appropriate to apply for an operator's license, motorcycle

operator's license, intermediate license, or any instruction permit in

accordance with KRS 186.450 or 186.470; or

(b) Request that a child's operator's license, motorcycle license, intermediate

license, or any instruction permit be cancelled in accordance with KRS

186.470.

(6) The cabinet shall promulgate an administrative regulation to implement

subsection (5) of this section.