Foster Care

Table of Contents

Private Foster Care

A “private foster care arrangement” means any arrangement or undertaking whereby a child is for more than 14 days in the full-time care, for reward or otherwise, of a person other than his or her parent or guardian, a person cohabiting with a parent or guardian or a relative, except where the child—

is residing at a boarding school and receiving full-time education,
is in an institution managed by or on behalf of a Minister of the Government or F169[the F170[Child and Family Agency]],
is in an institution in which the majority of persons being cared for and maintained are being treated for acute illness,
is in an institution for the care and maintenance of children with a disability,
is in a mental institution within the meaning of the Mental Treatment Acts, 1945 to 1966,
is detained in a children detention school or children detention centre within the meaning of the Children Act, 2001,
is placed for adoption under an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or is the subject of an intercountry adoption effected outside the State recognised by that Act,
is in the care of the Child and Family Agency
is on holidays for a continuous period not exceeding 42 days,
is placed with a person or body for primarily educational purposes, or
is placed with a friend of the child’s parent or guardian for a period not exceeding 42 days, while the parent or guardian is on holidays;

A “relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt, whether of the whole blood, half blood or by affinity, and includes the spouse of any such person and any person cohabiting with any such person.

Notice of private foster care arrangement.

A person arranging or undertaking a private foster care arrangement shall give notice to the Child and Family Agency in the manner specified not less than thirty days before the placement. Where a child is placed in a private foster care arrangement owing to an unforeseen emergency, both the person making the arrangement and the person undertaking it shall notify the Child and Family Agency in the manner specified as soon as practicable and not more than 14 days after the placement.

Any person arranging or undertaking a private foster care arrangement who has submitted to the Health Service Executive before the establishment of the Child and Family Agency the information the Health Service Executive required in relation to the arrangement or undertaking shall be deemed to have complied with.

Information to be submitted to Child and Family Agency

Any person arranging or undertaking a private foster care arrangement shall submit to the Child and Family Agency] in writing—

the person’s name and address,
the name, sex, date and place of birth and address of the child concerned,
the name and address of the parent or guardian of the child,
if the child’s residence is changed, the child’s new address,
if the private foster care arrangement terminates, the reasons for its termination,

and any other information that the Child and Family Agency may consider necessary in relation to any persons involved in the arrangement.

Any person arranging a private foster care arrangement shall submit to the Child and Family Agency, in writing, the name and address of the person undertaking the arrangement and any other information in respect of that person that the Agency may consider necessary.

Duty in respect of children in private foster care.

Any person arranging or undertaking a private foster care arrangement in respect of a child shall regard the child’s welfare as the first and paramount consideration. Any person undertaking such an arrangement shall take all reasonable measures to safeguard the health, safety and welfare of the child concerned. Any person arranging such an arrangement shall make all reasonable enquiries to ensure that the person undertaking it is in a position to comply with the above.

Authorised officers.

The Child and Family Agency shall appoint such and so many of its employees for the purposes of the Act. Each authorised officer shall be given a warrant of his or her appointment and, when exercising any power conferred by this Part, shall, on request by any person affected, produce the warrant or a copy thereof, together with a form of personal identification.]

Where the Child and Family Agency has received a notice in respect of a private foster care arrangement, an authorised officer may at all reasonable times enter any premises (including a private dwelling) in which the child concerned is residing.

A judge of the District Court may, if satisfied on the sworn information of an authorised officer that there are reasonable grounds for believing that a private foster care arrangement has been arranged or undertaken and that the [Child and Family Agency] has not received the requisite notice, issue a warrant authorising an authorised officer, accompanied if necessary by other persons, to enter, if need by reasonable force, and inspect any premises (including a private dwelling) in which the child may be residing.

An authorised officer, on entering any such premises, shall investigate the care and attention that the child is receiving and the condition of the premises with a view to ensuring that the person undertaking the arrangement is complying with his or her duty to take all reasonable measures to safeguard the child’s health, safety and welfare. An authorised officer may request a member of the Garda Síochána to accompany him or her when carrying out an inspection.]

Institution of proceedings by Child and Family Agency

If the Child and Family Agency believes—

that a person who is arranging or undertaking a private foster care arrangement has not notified it , or
that such a person is not taking all reasonable measures to safeguard the health, safety and welfare of the child concerned,

it may apply to the District Court for one of the following orders:

that a supervision order be made in respect of the child,
that the child be taken into the care of Child and Family Agency] or
that the arrangement be terminated and the child returned to his or her parents or guardian,

and the Court may order accordingly.

Restrictions on private foster care arrangements in certain cases.

A person shall not arrange or undertake a private foster care arrangement for the purpose of adopting a child under an adoption order or an intercountry adoption effected outside the State recognised by that Act. Any person undertaking a private foster care arrangement in respect of a child shall not apply under those Acts to adopt the child unless—

the child is eligible for adoption under F191[the Adoption Act 2010], and
the Child and Family Agency has consented to the continuance of the arrangement pending the completion of an assessment of that person under those Acts.

If the Child and Family Agency believes that a person who is arranging or undertaking a private foster care arrangement is doing so in contravention of subsection (1) or (2), it may apply to the District Court for an order either—

that the child be taken into its care , or
that the arrangement be terminated and the child returned to his or her parents or guardian,

and the Court may order accordingly.

Offences.

Any person—

who while arranging or undertaking a private foster care arrangement does not notify the F194[Child and Family Agency] under section 23P,
who contravenes subsection (2) or (3) of section 23R,
who refuses to allow an authorised officer to enter any premises in accordance with subsection (1) or (2) of section 23T or obstructs or impedes an authorised officer in the exercise of his or her powers under that section,
who while arranging or undertaking a private foster care arrangement knowingly or wilfully makes or causes or procures any other person to make a false or misleading statement to the F194[Child and Family Agency],
who contravenes section 23V(1), or
who does not comply with an order under paragraph (ii) or (iii) of section 23U or under section 23V(3),

is guilty of an offence and liable on summary conviction to a fine not exceeding £1,500.

Where a person is convicted of an offence under this section, the District Court may by order prohibit the person from arranging or undertaking a private foster care arrangement for such period as may be specified in the order.

Welfare of child to be paramount.

In any proceedings before a court under this Act in relation to the care and protection of a child, including proceedings before the High Court under Part IVA in relation to special care, the court shall regard the best interests of the child as the paramount consideration in the resolution of such proceedings. In determining for what is in the best interests of the child, the court shall have regard to all of the factors or circumstances that it considers relevant to the child including—

the child’s age, maturity and any special characteristics of the child,
the benefit to the child of having a meaningful relationship with his or her parents and with any other relatives and persons who are involved in the child’s upbringing,
the views of the child where he or she is capable of forming, and has chosen to express, such views,
the physical, psychological and emotional needs of the child,
the social, intellectual and educational needs of the child,
the religious, spiritual, cultural and linguistic upbringing and needs of the child, and
any harm which the child has suffered or is at risk of suffering, including harm as a result of household violence, and the protection of the child’s safety and psychological well-being.