Foster Care
CHILD CARE ACT 1991
REVISED
2. Part I and Sections 71 and 74 of the Child Care Act, 1991 shall come into operation on the 1st day of December, 1991.
Interpretation.
2.—(1) In this Act, except where the context otherwise requires—
F1[“Act of 2001” means the Children Act 2001;]
F2[“Act of 2011” means the Child Care (Amendment) Act 2011;
“aftercare plan” means an aftercare plan prepared under section 45B or 45C;
“assessment of need” shall be construed in accordance with section 45A;]
F3[“broadcast” has the same meaning as it has in section 2 of the Broadcasting Act 2009; ]
F4[…]
“child” means a person under the age of 18 years other than a person who is or has been married;
F2[“eligible adult”, subject to subsections (1A) and (1B), means a person aged 18, 19 or 20 years who was in the care of the Child and Family Agency for a period of not less than 12 months in the 5 year period immediately prior to the person attaining the age of 18 years;
“eligible child”, subject to subsections (1C) and (1D), means a child aged 16 years or over who—
(a) is in the care of the Child and Family Agency and has been in the care of the Agency for a period of not less than 12 months since attaining the age of 13 years, or
(b) was in the care of the Child and Family Agency for a period of not less than 12 months since attaining the age of 13 years but is no longer in the care of the Agency;]
“functions” includes powers and duties;
F5[…]
F1[“interim special care order” has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011); ]
F6[“Minister” means the Minister for Children and Youth Affairs.]
“parents” includes a surviving parent and, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1988, or, where the child has been adopted outside the State, whose adoption is recognised by virtue of the law for the time being in force in the State, means the adopter or adopters or the surviving adopter;
“prescribed” means prescribed by regulations made by the Minister.
F3[“publish” means publish, other than by way of broadcast, to the public or a portion of the public.]
F1[“special care” has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011);
“special care order” has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011);
“special care unit” has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011).]
F2[(1A) (a) Where prior to the coming into operation of section 82 of the Child and Family Agency Act 2013 a person was in the care of the Health Service Executive in accordance with this Act for any period of time in the 5 year period immediately prior to the person attaining the age of 18 years, that period of time shall be considered as time spent in the care of the Child and Family Agency for the purpose of satisfying the 12 month period referred to in the definition of eligible adult.
(b) Where a person was in the care of the Child and Family Agency for a period (including a period referred to in paragraph (a)) of less than 12 months in the 5 year period immediately prior to the person attaining the age of 18 years, a period of time spent by that person in accommodation made available by the Agency, or by the Health Service Executive prior to the coming into operation of section 82 of the Child and Family Agency Act 2013, under section 5 in the 5 year period immediately prior to the person attaining the age of 18 years shall be reckonable for the purpose of satisfying the 12 month period referred to in the definition of eligible adult.
(1B) A reference in the definition of eligible adult to the care of the Child and Family Agency includes—
(a) a reference to the care of the Child and Family Agency pursuant to an interim special care order or a special care order under Part IVA, and
(b) on or after the coming into operation of section 10 of the Act of 2011, a reference to special care within the meaning of Part IVA.
(1C) (a) Where prior to the coming into operation of section 82 of the Child and Family Agency Act 2013 a child was in the care of the Health Service Executive in accordance with this Act for any period of time since attaining the age of 13 years, that period of time shall be considered as time spent in the care of the Child and Family Agency for the purpose of satisfying the 12 month period referred to in the definition of eligible child.
(b) Where a child is or has been in the care of the Child and Family Agency for a period (including a period referred to in paragraph (a)) of less than 12 months since attaining the age of 13 years, a period of time spent by the child in accommodation made available by the Agency, or by the Health Service Executive prior to the coming into operation of section 82 of the Child and Family Agency Act 2013, under section 5 since attaining the age of 13 years shall be reckonable for the purpose of satisfying the 12 month period referred to in the definition of eligible child.
(1D) A reference in the definition of eligible child to the care of the Child and Family Agency includes—
(a) a reference to the care of the Child and Family Agency pursuant to an interim special care order or a special care order under Part IVA, and
(b) on or after the coming into operation of section 10 of the Act of 2011, a reference to special care within the meaning of Part IVA.]
(2) In this Act—
(a) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act unless it is indicated that a reference to some other enactment is intended;
(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;
(c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.
Annotations
Amendments:
F1
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 3(a), S.I. No. 637 of 2017.
F2
Inserted (1.09.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 2(a), (b), S.I. No. 296 of 2017.
F3
Inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 7, S.I. No. 5 of 2014.
F4
Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 3(a), S.I. No. 502 of 2014.
F5
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 1(b), S.I. No. 887 of 2004.
F6
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 3(b), S.I. No. 502 of 2013.
F7
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 3, not commenced as of date of revision.
F8
Inserted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 1(a), not commenced as of date of revision.
F9
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.
F10
Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 3(b), not commenced as of date of revision.
F11
Inserted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 1(b), not commenced as of date of revision.
Modifications (not altering text):
C5
Prospective affecting provision: definition of “Data Protection Regulation” inserted into subs. (1) by Child Care (Amendment) Act 2022 (21/2022), s. 3, not commenced as of date of revision.
2.—(1) In this Act, except where the context otherwise requires— …
F7[“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);]
C6
Prospective affecting provisions:
• para. (da) in definition of “children’s residential centre” inserted by Child Care (Amendment) Act 2011 (19/2011), s. 3(b),
• definition “children’s residential centre” inserted into subs. (1) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 1(a), and
• subs. (3) inserted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 1(b)
not commenced as of date of revision.
Interpretation.
2.—(1) In this Act, except where the context otherwise requires—
…
F8[“children’s residential centre” means an institution for the residential care of children in the care of the F9[Child and Family Agency] or of other children in need of adequate care and protection but does not include—
(a) an institution managed by or on behalf of a Minister of the Government,
(b) an institution in which a majority of the children being maintained are being treated for acute illnesses or are being provided with palliative care,
(c) an institution for the care and maintenance of children with a disability,
(d) an institution approved in accordance with the Mental Health Acts 1945 to 2001,
F10[(da) a special care unit, ]
(e) a children detention school as defined in section 3 of the Children Act 2001; ]
…
F11[(3) For the purposes of the definition of “children’s residential centre” in subsection (1), “institution” means a home, centre or institution or part of a home, centre or institution.]
Editorial Notes:
E28
Prospective affecting provision: subs. (1) is amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 1, not commenced as of date of revision. This amendment was already made (1.01.2014) by Child and Family Agency Act 2013, S.I. No. 502 of 2013, see definition of “children’s residential centre”, as amended by Child Care (Amendment) Act 2011, s. 3(b), in the C-note above. This is therefore an in-force amendment (“Child and Family Agency”) of a prospective affecting provision (insertion of “children’s residential centre”).
1O.J. No. L. 119, 4.5.2016, p. 1
F167[PART IVB
Private Foster Care]
Annotations
Amendments:
F167
Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.
F167[
Definitions.
23O.—In this Part—
F169[“authorised officer” means a person appointed by the F170[Child and Family Agency] under section 23S;]
F171[…]
“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—
(a) is residing at a boarding school and receiving full-time education,
(b) is in an institution managed by or on behalf of a Minister of the Government or F169[the F170[Child and Family Agency]],
(c) is in an institution in which the majority of persons being cared for and maintained are being treated for acute illness,
(d) is in an institution for the care and maintenance of children with a disability,
(e) is in a mental institution within the meaning of the Mental Treatment Acts, 1945 to 1966,
(f) is detained in a children detention school or children detention centre within the meaning of the Children Act, 2001,
F172[(g) 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,]
(h) is in the care of F169[the F170[Child and Family Agency]],
(i) is on holidays for a continuous period not exceeding 42 days,
(j) is placed with a person or body for primarily educational purposes, or
(k) 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;
“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.]
Annotations
Amendments:
F168
Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.
F169
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 29(a), (c), S.I. No. 887 of 2004.
F170
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
F171
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 29, S.I. No. 887 of 2004.
F172
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 158(b), S.I. No. 511 of 2010.
F173[
Notice of private foster care arrangement.
23P.—(1) A person arranging or undertaking a private foster care arrangement shall give notice to the F174[Child and Family Agency] in the manner specified in section 23Q not less than thirty days before the placement.
(2) 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 F174[Child and Family Agency] in the manner specified in section 23Q as soon as practicable and not more than 14 days after the placement.
F175[(3) 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 subsection (1).]]
Annotations
Amendments:
F173
Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.
F174
Substituted (1.01.2014) by Child and Family Agency Act (40/2014), s. 97 and sch. 2 part item 1, S.I. No. 502 of 2014.
F175
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 12, S.I. No. 502 of 2013.
Modifications (not altering text):
C20
Application of section restricted (1.11.2010) by Adoption Act 2010 (21/2010), s. 15(2), S.I. No. 511 of 2010.
Care of child pending placement.
15.— …
(2) Section 23P of the Child Care Act 1991 does not apply to—
(a) the making of an arrangement by an accredited body under subsection (1), or
(b) a person undertaking the care of a child under the arrangement.
Editorial Notes:
E87
Previous affecting provision: subs. (3) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 30, S.I. No. 887 of 2004; substituted as per F-note above.
E88
Previous affecting provision: “health board” construed as “Health Service Executive” (1.01.2005) by Health Act 2004 (42/2004), ss. 56 and 66, S.I. No. 887 of 2004; substituted as per F-note above.
F176
Information to be submitted to Child and Family Agency
23Q.—(1) Any person arranging or undertaking a private foster care arrangement shall submit to the F177[Child and Family Agency] in writing—
(a) the person’s name and address,
(b) the name, sex, date and place of birth and address of the child concerned,]
F176[(c) the name and address of the parent or guardian of the child,]
(d) if the child’s residence is changed, the child’s new address,
(e) if the private foster care arrangement terminates, the reasons for its termination,
and any other information that the F177[Child and Family Agency] may consider necessary in relation to any persons involved in the arrangement.
(2) Any person arranging a private foster care arrangement shall submit to the F177[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 F178[the F179[Agency]] may consider necessary.
Annotations
Amendments:
F176
Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.
F177
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
F178
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6, item 31(b), S.I. No. 887 of 2004.
F179
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013.
Editorial Notes:
E89
Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (1) and (2) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 31, S.I. No. 887 of 2004; substituted as per F-note above.
E90
Previous affecting provision: “health board” construed as “Health Service Executive” (1.01.2005) by Health Act 2004 (42/2004), ss. 56 and 66, S.I. No. 887 of 2004; substituted as per F-note above.
F180[
Duty in respect of children in private foster care.
23R.—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.
(2) Any person undertaking such an arrangement shall take all reasonable measures to safeguard the health, safety and welfare of the child concerned.
(3) 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 subsection (2).]
Annotations
Amendments:
F180
Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.
F181[
Authorised officers.
23S.—(1) F182[The F183[Child and Family Agency] shall appoint such and so many of its employees] for the purposes of this Part.
(2) 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.]
Annotations
Amendments:
F181
Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.
F182
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 32, S.I. No. 887 of 2004.
F183
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
F184[
Inspection by authorised persons.
23T.—(1) Where the F185[Child and Family Agency] has received a notice in accordance with section 23P 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.
(2) 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 F185[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.
(3) 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.
(4) An authorised officer may request a member of the Garda Síochána to accompany him or her when carrying out an inspection.]
Annotations
Amendments:
F184
Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.
F185
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
Editorial Notes:
E91
Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (1) and (2) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 33, S.I. No. 887 of 2004; substituted as per F-note above.
F186[
Institution of proceedings by [Child and Family Agency].
23U.—If F188[the F187[Child and Family Agency]] believes—
(a) that a person who is arranging or undertaking a private foster care arrangement has not notified it under section 23P, or
(b) 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:
(i) that a supervision order under section 19 be made in respect of the child,
(ii) that the child be taken into the care of F188[the F187[Child and Family Agency]] under section 13, 17 or 18, or
(iii) that the arrangement be terminated and the child returned to his or her parents or guardian,
and the Court may order accordingly.]
Annotations
Amendments:
F186
Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.
F187
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
F188
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 34, S.I. No. 887 of 2004.
F189[
Restrictions on private foster care arrangements in certain cases.
23V.—A person shall not arrange or undertake a private foster care arrangement for the purpose of adopting a child under F190[an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or an intercountry adoption effected outside the State recognised by that Act.]
(2) Any person undertaking a private foster care arrangement in respect of a child shall not apply under those Acts to adopt the child unless—
(a) the child is eligible for adoption under F191[the Adoption Act 2010], and
(b) the F192[Child and Family Agency]has consented to the continuance of the arrangement pending the completion of an assessment of that person under those Acts.
(3) If the F192[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—
(a) that the child be taken into its care under section 13, 17 or 18, or
(b) that the arrangement be terminated and the child returned to his or her parents or guardian,
and the Court may order accordingly.]
Annotations
Amendments:
F189
Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.
F190
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 158(c), S.I. No. 511 of 2010.
F191
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 158(d), S.I. No. 511 of 2010 as amended (31.07.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 49(c), commenced on enactment.
F192
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
Editorial Notes:
E92
Previous affecting provision: “Health Service Executive” substituted for “health board” (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 35, S.I. No. 887 of 2004; substituted as per F-note above.
E93
Previous affecting provision: subs. (1) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004; substituted as per F-note above.
F193[
Offences.
23W.—(1) Any person—
(a) who while arranging or undertaking a private foster care arrangement does not notify the F194[Child and Family Agency] under section 23P,
(b) who contravenes subsection (2) or (3) of section 23R,
(c) 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,
(d) 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],
(e) who contravenes section 23V(1), or
(f) 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.
(2) 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.]
Annotations
Amendments:
F193
Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004. A fine of £1,500 converted (1.01.1999) to €1,904.61. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.
F194
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
Editorial Notes:
E94
Previous affecting provision: “Health Service Executive” substituted for “health board” (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 36, S.I. No. 887 of 2004; substituted as per F-note above.
F195[
Saver.
23X.—This Part is without prejudice to any other provision of this Act or any provision of the Children Act, 2001, which imposes, in the interests of a child, duties or obligations on F196[the F197[Child and Family Agency]] or a member of the Garda Síochána.]
Annotations
Amendments:
F195
Inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.
F196
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 37, S.I. No. 887 of 2004.
F197
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
PART V
Jurisdiction and Procedure
Annotations
Modifications (not altering text):
C21
References to Part IV of Act in Part V (Jurisdiction and Procedure) construed (29.07.2004) by Children Act 2001 (24/2001), s. 267(2), S.I. No. 468 of 2004.
Amendment of sections 17(2) and 59 of Act of 1991.
267.— …
(2) References in Part V (Jurisdiction and Procedure) of the Act of 1991 to Part IV of that Act shall be construed as including references to Parts IVA and IVB (inserted by section 16 ) thereof.
Editorial Notes:
E95
District Court termed “Children Court” for the purpose of Part V of Act (23.07.2007) by Children Act 2001 (24/2001), s. 71(a), S.I. No. 524 of 2007.
Welfare of child to be paramount.
F198[24.—(1) 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.
(2) In determining for the purposes of subsection (1) 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—
(a) the child’s age, maturity and any special characteristics of the child,
(b) 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,
(c) the views of the child where he or she is capable of forming, and has chosen to express, such views,
(d) the physical, psychological and emotional needs of the child,
(e) the social, intellectual and educational needs of the child,
(f) the religious, spiritual, cultural and linguistic upbringing and needs of the child, and
(g) 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.
(3) In this section, “household violence” has the same meaning as it has in section 31 (7) of the Guardianship of Infants Act 1964.]
Annotations
Amendments:
F198
Substituted (21.09.2022) by Child Care (Amendment) Act 2022 (21/2022), s. 4, S.I. No. 464 of 2022.
Editorial Notes:
E96
Previous affecting provision: section amended (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 11, S.I. No. 637 of 2017; substituted as per F-note above.
F199[Views of child
24A.— …]
Annotations:
Amendments:
F199
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 5, not commenced as of date of revision.
Modifications (not altering text):
C22
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 5, not commenced as of date of revision.
F199[24A.— Where 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 child is capable of forming his or her own views, the court, in so far as practicable shall—
(a) determine the means by which to facilitate the expression by the child of his or her views in the proceedings, and
(b) give due weight to such views as the child wishes to e
Regulations as to foster care.
39.—(1) The Minister shall make regulations in relation to the placing of children in foster care by F287[the F288[Child and Family Agency]] under section 36 and for securing generally the welfare of such children.
(2) Without prejudice to the generality of subsection (1), regulations under this section may—
(a) fix the conditions under which children may be placed in foster care;
(b) prescribe the form of contract to be entered into by F287[the F288[Child and Family Agency]] with foster parents;
(c) provide for the supervision and visiting by F287[the F288[Child and Family Agency]] of children in foster care.
Annotations
Amendments:
F287
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 45(a), (b), S.I. No. 887 of 2004.
F288
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
Editorial Notes:
E110
Power pursuant to section exercised (3.02.2021) by Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest – Covid-19) (Amendment) Regulations 2021 (S.I. No. 41 of 2021).
E111
Power pursuant to section exercised (5.11.2020) by Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest – Covid-19) (Amendment) (No. 2) Regulations 2020 (S.I. No. 540 of 2020).
E112
Power pursuant to section exercised (19.08.2020) by Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest – Covid-19) (Amendment) (No. 1) Regulations 2020 (S.I. No. 312 of 2020).
E113
Power pursuant to section exercised (12.05.2020) by Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest – Covid-19) (Amendment) Regulations 2020 (S.I. No. 170 of 2020).
E114
Role assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23/2007), s. 41(1)(a)(ii); as substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 14 and sch. 1 part 2 item 2, S.I. No. 636 of 2017.
E115
Power pursuant to section exercised (21.12.2015) by Child Care (Placement of Children in Foster Care) (Amendment) Regulations 2015 (S.I. No. 606 of 2015).
E116
Power pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995).
E117
Previous affecting provision: role assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23/2007), s. 41(1)(a), not commenced; as amended (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 7, S.I. No. 502 of 2013; s. 41(1) substituted (31.12.2017) as per E-note above.
Regulations as to residential care.
40.—(1) The Minister shall make regulations in relation to the placing of children in residential care (whether in children’s residential centres or in other institutions) by F289[the F290[Child and Family Agency]] under section 36 and for securing generally the welfare of such children.
(2) Without prejudice to the generality of subsection (1), regulations under this section may—
(a) fix the conditions under which children may be placed in residential care;
(b) prescribe the form of contract to be entered into by F289[the F290[Child and Family Agency]] with persons providing residential care;
(c) provide for the supervision and visiting by F289[the F290[Child and Family Agency]] of children in residential care.
Annotations
Amendments:
F289
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 46(a) and (b), S.I. No. 887 of 2004.
F290
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
Editorial Notes:
E118
Role assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23/2007), s. 41(1)(a)(ii); as substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 14 and sch. 1 part 2 item 2, S.I. No. 636 of 2017.
E119
Power pursuant to section exercised (21.12.2015) by Child Care (Placement of Children in Residential Care) (Amendment) Regulations 2015 (S.I. No. 605 of 2015).
E120
Power pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Residential Care) Regulations 1995 (S.I. No. 259 of 1995).
E121
Previous affecting provision: role assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23/2007), s. 41(1)(a), not commenced; as amended (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 7, S.I. No. 502 of 2013; s. 41(1) substituted (31.12.2017) as per E-note above.
Regulations as to placement with relatives.
41.—(1) The Minister shall make regulations in relation to the making of arrangements by F291[the F292[Child and Family Agency]] under section 36 (1) (d) for the care of children and for securing generally the welfare of such children.
(2) Without prejudice to the generality of subsection (1), regulations under this section may—
(a) fix the conditions under which children may be placed by F291[the F292[Child and Family Agency]] with relatives;
(b) prescribe the form of contract to be entered into by F291[the F292[Child and Family Agency]] with relatives;
(c) provide for the supervision and visiting by F291[the F292[Child and Family Agency]] of children placed with relatives.
Annotations
Amendments:
F291
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 47(a)-(c), S.I. No. 887 of 2004.
F292
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
Editorial Notes:
E122
Power pursuant to section exercised (3.02.2021) by Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest – Covid-19) (Amendment) Regulations 2021 (S.I. No. 42 of 2021).
E123
Power pursuant to section exercised (5.11.2020) by Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest – Covid-19) (Amendment) (No. 2) Regulations 2020 (S.I. No. 541 of 2020).
E124
Power pursuant to section exercised (19.08.2020) by Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest – Covid-19) (Amendment) (No. 1) Regulations 2020 (S.I. No. 313 of 2020).
E125
Power pursuant to section exercised (12.05.2020) by CChild Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest – Covid-19) (Amendment) Regulations 2020 (S.I. No. 171 of 2020).
E126
Role assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23/2007), s. 41(1)(a)(ii); as substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 14 and sch. 1 part 2 item 2, S.I. No. 636 of 2017.
E127
Power pursuant to section exercised (21.12.2015) by Child Care (Placement of Children with Relatives) (Amendment) Regulations 2015 (S.I. No. 607 of 2015).
E128
Power pursuant to section exercised (31.11.1995) by Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995).
E129
Previous affecting provision: role assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23/2007), s. 41(1)(a), not commenced; as amended (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 7, S.I. No. 502 of 2013; s. 41(1) substituted (31.12.2017) as per E-note above.
Review of cases of children in care.
42.—(1) The Minister shall make regulations requiring the case of each child in the care of F293[the F294[Child and Family Agency]] to be reviewed in accordance with the provisions of the regulations.
(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision—
(a) as to the manner in which each case is to be reviewed,
(b) as to the frequency of reviews, and
(c) requiring the F294[Child and Family Agency] to consider whether it would be in the best interests of the child to be given into the custody of his parents.
Annotations
Amendments:
F293
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 48(a) and (b), S.I. No. 887 of 2004.
F294
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
F295
Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 22, not commenced as of date of revision.
Modifications (not altering text):
C50
Prospective affecting provision: subs. (3) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 22, not commenced as of date of revision.
Review of cases of children in care.
42.— …
F295[(3) Regulations under this section shall not apply to children who are the subject of special care orders or interim special care orders during the period those orders have effect.]
Editorial Notes:
E130
Role assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23/2007), s. 41(1)(a)(ii); as substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 14 and sch. 1 part 2 item 2, S.I. No. 636 of 2017.
E131
Power pursuant to section exercised (24.09.2004) by Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004).
E132
Power pursuant to section exercised (31.11.1995) by Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995).
E133
Power pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995).
E134
Power pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Residential Care) Regulations 1995 (S.I. No. 259 of 1995).
E135
Previous affecting provision: “Health Service Eecutive” substituted (1.01.2005) for “board” in subs. (2)(c) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 48(b), S.I. No. 887 of 2004; substituted as per F-note above.
E136
Previous affecting provision: role assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23/2007), s. 41(1)(a), not commenced; as amended (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 7, S.I. No. 502 of 2013; s. 41(1) substituted (31.12.2017) as per E-note above.
Removal from placement.
43.—F296[(1) The Child and Family Agency may, in accordance with any regulations made by the Minister, remove a child in its care from the custody of any person with whom the child has been placed under section 36 before the establishment day of the Child and Family Agency.]
(2) Where a person refuses or neglects to comply with a request of F297[the F298[Child and Family Agency]] to deliver up a child in accordance with regulations made under subsection (1), F297[the F299[Agency]] may apply to the District Court for an order directing that person to deliver up the child to the custody of F297[the F299[Agency]] and the justice may, if he considers that it is in the best interests of the child so to do, make such an order.
(3) Without prejudice to the law as to contempt of court, where the District Court has made an order under subsection (2) (requiring that a child be delivered up to the custody of F297[the F298[Child and Family Agency]]), any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of F297[the F299[Agency]], to give up the child to F297[the F299[Agency]], fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.
(4) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order made under subsection (2) if that person was present at the sitting of the court at which such an order was made.
(5) Where a child is removed from the custody of a person in pursuance of this section, any contract between F297[the F298[Child and Family Agency]] and that person in respect of the child shall terminate immediately upon the removal.
(6) The provisions of this section are without prejudice to the power of F297[the F298[Child and Family Agency]] to apply for an order under Part III or IV.
Annotations
Amendments:
F296
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 14, S.I. No. 502 of 2013.
F297
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 49(a)-(e), S.I. No. 887 of 2004.
F298
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
F299
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013.
Editorial Notes:
E137
A fine of £500 converted (1.01.1999) to €634.86. This translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 2, S.I. No. 662 of 2010.
E138
Power pursuant to section exercised (31.11.1995) by Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995).
E139
Power pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995).
E140
Power pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Residential Care) Regulations 1995 (S.I. No. 259 of 1995).
F300[
Orders relating to children in care of same foster parent or relative for five years or more.
43A.— (1) This section applies to a child in the care of the F301[Child and Family Agency] whether in care under section 4 or under section 18 and whether the child has been placed under section 36(1)(a) with a foster parent or under section 36(1)(d) with a relative.
(2) On the application of a foster parent or relative with whom the child has been placed, the court may grant an order under this section, but only if it is satisfied that—
(a) the foster parent or relative has been taking care of the child for a period of not less than five years beginning on the date of placement in accordance with this Act and ending on the date of application,
(b) the granting of the order is in the child’s best interests,
(c) the F301[Child and Family Agency] has consented in advance to the granting of the order,
(d) the F301[Child and Family Agency] has, on behalf of the foster parent or relative—
(i) if the child is in its care under section 4, obtained the consent to the granting of the order of a parent having custody of the child at the relevant time or of a person (other than the foster parent or relative) acting in loco parentis to the child, or
(ii) if the child is in its care under section 18, given notice of the application to a parent having custody of the child at the relevant time or of a person (other than the foster parent or relative) acting in loco parentis to the child, and
(e) the child’s wishes have, in so far as is practicable, been given due consideration having regard to the age and understanding of the child.
(3) In determining whether a foster parent or relative has been taking care of a child for the period required by subsection (2)(a), any interruption of the placement during that period shall be disregarded unless the total number of days of interruption, whether consecutive or not, exceeds 30.
(4) The requirement of subsection (2)(d) as to the consent or notification of a parent or other person does not apply if—
(a) the court is satisfied that he or she is missing and cannot be found by the F301[Child and Family Agency], or
(b) the court, having regard to the child’s welfare, so directs.
(5) Subject to any conditions or restrictions imposed under subsection (6), an order under this section shall authorise the foster parent or relative to whom it is granted—
(a) to have, on behalf of the F301[Child and Family Agency], the like control over the child as if the foster parent or relative were the child’s parent, and
(b) to do, on behalf of the F301[Child and Family Agency], what is reasonable (subject to the provisions of this Act and of the regulations for the time being in force under this Act) in all the circumstances of the case for the purpose of safeguarding and promoting the child’s health, development or welfare and, in particular, give consent to—
(i) any necessary medical or psychiatric examination, treatment or assessment with respect to the child, and
(ii) the issue of a passport to, or the provision of passport facilities for, the child to enable the child to travel abroad for a limited period.
(6) In granting the order, the court may impose any conditions or restrictions it thinks fit as to the extent of the authority of the foster parent or relative to whom the order is granted.
(7) Any consent given by a foster parent or relative of the child in accordance with an order under this section shall be sufficient authority for the carrying out of a medical or psychiatric examination or assessment, the provision of medical or psychiatric treatment, the issue of a passport or the provision of passport facilities, as the case may be.
(8) In the absence of a consent referred to in subsection (5) being given by the foster parent or relative to whom an order under this section was granted, the F301[Child and Family Agency] has authority to give consent in accordance with section 18(3) in relation to the child.
(9) Nothing in this section or section 18 shall be construed as making ineffective any consent that, by virtue of section 23 of the Non-Fatal Offences Against the Person Act 1997, would otherwise be an effective consent.
(10) Any arrangement that is in place or order that is in force under section 37 with respect to access to the child immediately before an order under this section is granted continues in place or in force, unless when granting the order—
(a) in the case of an arrangement under subsection (1) of section 37, the court makes an order under subsection (2) of that section, or
(b) in the case of an order under subsection (2) or (3) of section 37, the court varies or discharges that order.
(11) Subsection (10) is without prejudice to the jurisdiction of the court to make, at any time, an order under section 37 with respect to access to the child or to vary or discharge such an order, including an order continued or varied pursuant to that subsection.
(12) This section and section 43B are without prejudice to any other provisions of this Act, or any provisions of the regulations for the time being in force under this Act, that in the interests of a child in care assign functions to the F301[Child and Family Agency].
(13) For the purpose of this section and section 43B, “relevant time” means—
(a) in relation to a child in care under section 4, immediately before the child was taken into care under that section, and
(b) in relation to a child in care under section 18, immediately before a care order was made in relation to the child.]
Annotations
Amendments:
F300
Inserted (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 4, S.I. No. 509 of 2007.
F301
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
F302[
Variation, discharge or cessation of order
under section 43A.
43B.— (1) The court may vary or discharge an order under section 43A or any condition or restriction attaching to that order on the application of any of the following persons:
(a) the F303[Child and Family Agency];
(b) a foster parent or relative to whom the order was granted;
(c) a parent having custody of the child concerned at the relevant time;
(d) a person (other than the foster parent or relative to whom the order was granted) acting in loco parentis to the child concerned;
(e) a person who, in the opinion of the court, has a bona fide interest in the child concerned.
(2) An order under section 43A ceases to have effect—
(a) if the child concerned is in care under section 4, when care of the child is resumed by the parent or other person whose wishes the F303[Child and Family Agency] is required under that section to have regard to,
(b) if the child concerned is the subject of a care order, when the care order is discharged under section 22 or ceases to have effect under section 44(2),
(c) if the child concerned is, in accordance with section 43 and regulations made by the Minister, removed from the custody of the foster parent or relative to whom the order under section 43A was granted, immediately on the child’s removal,
(d) if the foster parent or relative to whom the order under section 43A was granted requests the F303[Child and Family Agency] to remove the child concerned from his or her custody, when the child is removed in accordance with the request, or
(e) when the child concerned attains the age of 18 years or marries,
whichever is the sooner.]
Annotations
Amendments:
F302
Inserted (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 4, S.I. No. 509 of 2007.
F303
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
Children who become adopted.
44.—F304[(1) Where a child is adopted under the Adoption Act 2010 and the child, immediately before the adoption, was being maintained in foster care by the F305[Child and Family Agency] with the adopter or adopters, the F305[Child and Family Agency], subject to—
(a) any general directions that may be given by the Minister, and
(b) any conditions that may be imposed by the F305[Child and Family Agency],
may contribute to the child’s maintenance as if the child continued to be in foster care.
(2) Where a child is adopted under the Adoption Act 2010, any care order in force in respect of the child ceases to have effect.]
Annotations
Amendments:
F304
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 158(e), S.I. No. 511 of 2010.
F305
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.
Editorial Notes:
E141
Previous affecting provision: subss. (1) substituted and (2) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 50(a) and (b), S.I. No. 887 of 2004; substituted as per F-note above.
xpress, having regard to the age and maturity of the child.]
S.I. No. 260/1995 –
Child Care (Placement of Children in Foster Care) Regulations, 1995.
S.I. No. 260 of 1995.
CHILD CARE (PLACEMENT OF CHILDREN IN FOSTER CARE) REGULATIONS, 1995.
PART I
PRELIMINARY PROVISIONS
Article
1. Citation.
2. Commencement.
3. Definitions.
PART II
PROMOTION OF WELFARE OF CHILD
4. Welfare of child.
PART III
PRE-PLACEMENT PROCEDURES
5. Assessment of foster parents.
6. Assessment of circumstances of child.
7. Capacity of foster parents to meet needs of child.
8. Religion.
9. Contract.
10. Information on child.
11. Care plan.
PART IV
MONITORING OF PLACEMENTS
12. Maintenance of register.
13. Case records.
14. Fostering allowance.
15. Support services for foster parents.
16. Duties of foster parents.
17. Supervision and visiting of children.
18. Review of cases.
19. Special review.
20. Frequent admissions to care.
PART V
REMOVAL OF CHILDREN FROM PLACEMENTS
21. Removal at request of foster parents.
22. Termination of placement by health board.
23. Counselling.
PART VI
MISCELLANEOUS PROVISIONS
24. Arrangements with voluntary bodies and other persons.
25. Inspections on behalf of Minister.
26. Functions of chief executive officer.
27. Placement of child with persons in another health board area.
28. Revocation.
FIRST SCHEDULE
FORM OF FOSTER CARE CONTRACT
SECOND SCHEDULE
INFORMATION ON CHILD
S.I. No. 260 of 1995 .
CHILD CARE (PLACEMENT OF CHILDREN IN FOSTER CARE) REGULATIONS, 1995.
In exercise of the powers conferred on the Minister for Health by sections 39 , 42 , 43 and 68 of the Child Care Act, 1991 (No. 17 of 1991), which said powers are delegated to me by the Health (Delegation of Ministerial Functions) Order, 1995 ( S.I. No. 130 of 1995 ), I, AUSTIN CURRIE, Minister of State at the Department of Health, hereby make the following Regulations:—
PART I PRELIMINARY PROVISIONS
1 Citation.
1. These Regulations may be cited as the Child Care (Placement of Children in Foster Care) Regulations, 1995.
2 Commencement.
2. These Regulations shall come into operation on the 31st day of October, 1995.
3 Definitions.
3. In these Regulations—
“the Minister” means the Minister for Health;
“the Act” means the Child Care Act, 1991 ;
“authorised person” means a person authorised by a health board to carry out functions on behalf of the board under these Regulations;
“foster parent” means a person other than a relative of a child who is taking care of the child on behalf of a health board in accordance with these Regulations and “foster parents” and “foster care” shall be construed accordingly.
PART II PROMOTION OF WELFARE OF CHILD
4 Welfare of child.
4. In any matter relating to—
( a ) the placing of a child in foster care, or
( b ) the review of the case of a child in foster care, or
( c ) the removal of a child from foster care in accordance with these Regulations,
a health board shall, having regard to the rights and duties of parents, whether under the Constitution or otherwise—
(i) regard the welfare of the child as the first and paramount consideration, and
(ii) in so far as is practicable, give due consideration, having regard to his or her age and understanding, to the wishes of the child.
PART III PRE-PLACEMENT PROCEDURES
5 Assessment of foster parents.
5. (1) A health board shall establish and maintain one or more panels of persons who are willing to act as foster parents.
(2) A health board shall not place persons on a panel established by it under sub-article (1) of this article unless—
( a ) those persons have furnished to the board—
(i) a written report by a registered medical practitioner on their state of health,
(ii) the names and addresses of two referees who are not related to them and whom the board may consult as to their suitability to act as foster parents,
(iii) all necessary authorisations to enable the board to obtain a statement from the Garda Síochána as to whether any convictions have been recorded against them, or against other relevant members of their household, and
(iv) such other information as the board may reasonably require;
( b ) an assessment of the suitability of those persons and their home has been carried out by an authorised person;
( c ) a report in writing of the assessment has been considered by a committee established under sub-article (3) of this article and the committee is satisfied, having regard to the said report and the information furnished to or obtained by the board pursuant to this sub-article, that they are suitable persons to act as foster parents on behalf of the board; and
( d ) those persons have received appropriate advice, guidance and training in relation to the foster care of children.
(3) A health board shall establish one or more committees to examine applications from persons wishing to be placed on a panel maintained by the board under sub-article (1) of this article.
(4) A committee established by a health board under sub-article (3) of this article shall be composed of persons with expertise in matters affecting the welfare of children, including persons who have training or experience in relation to foster care.
(5) The membership of a committee established by a health board under sub-article (3) of this article may include persons who are not officers of the board.
(6) Persons who apply to a health board to be placed on a panel maintained by the board under sub-article (1) of this article shall be informed in writing by the board of the outcome of their application.
6 Assessment of circumstances of child.
6. (1) Subject to sub-article (2) of this article, a health board shall, before placing a child with foster parents, carry out an assessment of the child’s circumstances and such assessment shall include a medical examination of the child except where the board is satisfied, having regard to available information and reports on the child, that such examination is unnecessary.
(2) Where a child is placed with foster parents in an emergency, the health board shall carry out an assessment of the child’s circumstances as soon as practicable.
7 Capacity of foster parents to meet needs of child.
7. A health board, in selecting persons from a panel maintained by it under article 5 of these Regulations to foster a child in its care, shall endeavour to ensure that those persons have the capacity to meet the needs of the child concerned.
8 Religion.
8. (1) A health board, in selecting persons from a panel maintained by it under article 5 of these Regulations to foster a child in its care, shall endeavour to respect the wishes (if any) of every person who in law is a guardian of the child as to—
( a ) the religious upbringing of the child, and
( b ) the religion of the persons with whom the child is to be placed.
(2) Where it is not possible for a health board to comply with the wishes of the guardian as to the religious upbringing of the child or the religion of the foster parents, the board may make such arrangements for the care of the child as it considers reasonable in the particular circumstances of the case and shall inform the guardian accordingly.
(3) In any case where a guardian of a child is dissatisfied with arrangements made by a health board under sub-article (2) of this article, the board shall inform the guardian of the provisions of section 47 of the Act and shall, if so requested in writing by the guardian, apply to the District Court under that section for directions in the matter.
9 Contract.
9. (1) A health board shall enter into a contract with persons whom it has placed on a panel maintained by it under article 5 of these Regulations in respect of any child placed with those persons by the board in accordance with these Regulations and the said contract shall be in the form set out in the First Schedule to these Regulations, or in a form to the like effect.
(2) A copy of a contract entered into by a health board with foster parents in accordance with sub-article (1) of this article shall be given to the foster parents, together with a copy of these Regulations.
10 Information on child.
10. (1) A health board, before placing a child with foster parents, shall furnish the foster parents with such of the particulars set out in the Second Schedule to these Regulations as are available to the board.
(2) A health board may make available additional information on the child to the foster parents to enable them to take care of the child on behalf of the board.
11 Care plan.
11. (1) Subject to sub-article (2) of this article, a health board shall, before placing a child with foster parents, prepare a plan for the care and upbringing of the child and the said plan shall, among other matters, deal with—
( a ) the aims and objectives of the placement,
( b ) the support to be provided to the child, the foster parents and, where appropriate, the parents of the child by the health board,
( c ) the arrangements for access to the child by a parent, relative or other named person, subject to any order as to access made by a court, and
( d ) the arrangements for the review of the plan.
(2) Where a child is placed with foster parents in an emergency, the health board shall prepare the said plan as soon as practicable.
(3) In preparing a plan under this article, a health board shall consult the foster parents and, in so far as is practicable, the child and every person who in law is a guardian of the child.
(4) Particulars of a plan prepared by a health board under this article shall be made known by the board to the foster parents and, in so far as is practicable, to the child and every person who in law is a guardian of the child.
PART IV MONITORING OF PLACEMENTS
12 Maintenance of register.
12. (1) A health board shall establish and keep one or more registers in which shall be entered particulars in relation to children placed in foster care by the board.
(2) An entry in the register with respect to a foster child shall include such of the following particulars as are available to the health board—
( a ) the name, sex and date of birth of the child,
( b ) the names and address of the parents of the child,
( c ) the names and address of the foster parents with whom the child has been placed,
( d ) the date of placement, and
( e ) where the child ceases to be placed with those foster parents, the date on which the placement ceased.
(3) Every change in the particulars entered in the register with respect to a foster child shall be recorded in the register.
(4) A register under this article may be kept by means of a record that is not in a legible form but which is capable of being reproduced in a legible form.
(5) Every register kept by a health board under this article shall be preserved in perpetuity.
13 Case records.
13. (1) A health board shall compile a case record of every child placed in foster care by it and the said record shall be kept up to date.
(2) A case record of a foster child shall include such of the following documents as are available to the health board—
( a ) medical and social reports on the child, including background information on the child’s family,
( b ) a copy of any court order relating to the child or of parental consent to the child’s admission to the care of the board, as appropriate,
( c ) the birth certificate of the child,
( d ) a copy of the contract between the board and the foster parents,
( e ) a copy of the plan for the care and upbringing of the child prepared by the board under article 11 of these Regulations,
( f ) reports on the child’s progress at school, where applicable,
( g ) a note of every visit to the child and the foster parents in accordance with article 17 of these Regulations,
( h ) a note of every review of the child’s case pursuant to article 18, 19 or 20 of these Regulations, together with particulars of any action taken as a result of such review, and
( i ) a note of every significant event affecting the child.
(3) Every case record compiled by a health board under this article shall be preserved in perpetuity.
14 Fostering allowance.
14. (1) A health board shall pay foster parents in respect of any child placed with them in accordance with these Regulations an allowance of not less than such amount as may from time to time be specified by the Minister.
(2) A health board may, in addition to the allowance referred to in sub-article (1) of this article and subject to any general directions given by the Minister, provide such financial or other assistance as the board considers necessary to enable foster parents to take care of children placed with them by the board.
15 Support services for foster parents.
15. A health board shall, subject to any general directions given by the Minister, make available to foster parents such support services, including advice, guidance and training, as the board considers necessary to enable foster parents to take care of children placed with them by the board.
16 Duties of foster parents.
16. (1) It shall be the duty of foster parents who are taking care of a child on behalf of a health board in accordance with these Regulations to take all reasonable measures to promote the child’s health, development and welfare.
(2) Without prejudice to the generality of sub-article (1) of this article, foster parents shall in particular—
( a ) permit any person so authorised by the health board to see the child and visit the foster home from time to time as may be necessary in the interests of the child,
( b ) co-operate with a person so authorised and furnish that person with such information as the person may reasonably require,
( c ) ensure that any information relating to the child or the child’s family or any other person given to them by the health board is treated confidentially,
( d ) seek appropriate medical aid for the child if the child suffers from illness or injury,
( e ) inform the health board as soon as practicable of any significant event affecting the child,
( f ) inform the health board of any change in their circumstances which might affect their ability to care for the child,
( g ) co-operate with the health board in facilitating access to the child by a parent or other person who is allowed such access,
( h ) give the health board at least twenty-eight days’ notice of any intended change in their normal place of residence,
( i ) make good and proper arrangements for the care of the child in the case of absence by the child or both of the foster parents from the foster home, and
( j ) give the health board prior notice of any such absence the duration of which is likely to exceed seventy-two hours.
17 Supervision and visiting of children.
17. (1) A child who has been placed in foster care by a health board shall be visited by an authorised person as often as the board considers necessary, having regard to the plan for the care and upbringing of the child prepared by the board under article 11 of these Regulations and to any review of such plan pursuant to article 18, 19 or 20 of these Regulations, but in any event—
( a ) at intervals not exceeding three months during the period of two years commencing on the date on which the child was placed with the foster parents, the first visit being within one month of that date, and
( b ) thereafter at intervals not exceeding six months.
(2) A child who was boarded out or placed in foster care by a health board not earlier than two years before the commencement of these Regulations shall be visited at intervals not exceeding three months until the second anniversary of the date of the placement and thereafter at intervals not exceeding six months.
(3) A child who was boarded out or placed in foster care by a health board earlier than two years before the commencement of these Regulations shall be visited at intervals not exceeding six months.
(4) Where, following a visit to a child in foster care, a health board is of opinion that any matter relating to the child’s placement is not in compliance with these Regulations, the board shall take appropriate action to ensure compliance with these Regulations.
(5) A note of every visit to a child in foster care in accordance with this article shall be entered in the case record relating to the child, together with particulars of any action taken as a result of such visit.
18 Review of cases.
18. (1) A health board shall arrange for the case of each child who has been placed in foster care by the board and, in particular, the plan for the care and upbringing of the child prepared by the board under article 11 of these Regulations to be reviewed by an authorised person as often as may be necessary in the particular circumstances of the case, but in any event—
( a ) at intervals not exceeding six months during the period of two years commencing on the date on which the child was placed with the foster parents (the first review to be carried out within two months of that date), and
( b ) thereafter not less than once in each calendar year.
(2) The case of a child who was boarded out or placed in foster care by a health board not earlier than two years before the commencement of these Regulations shall be reviewed at intervals not exceeding six months until the second anniversary of the date of the placement and thereafter not less than once in each calendar year.
(3) The case of a child who was boarded out or placed in foster care by a health board earlier than two years before the commencement of these Regulations shall be reviewed not less than once in each calendar year.
(4) Where a health board initiates a review of the case of a child in foster care, the board shall inform the foster parents and, in so far as is practicable, the child and every person who in law is a guardian of the child and afford them an opportunity to be heard in person on the review or otherwise to be consulted in relation to the review.
(5) In reviewing the case of a child in foster care, a health board shall, having regard to—
( a ) any views or information furnished by the child, the parents of the child, the foster parents and any other person whom the board has consulted in relation to the review,
( b ) a report of a visit to the child in accordance with article 17 of these Regulations,
( c ) in the case of a child attending school, the latest available school report relating to the child, and
( d ) any other information which in the opinion of the health board is relevant to the case of the child,
consider—
(i) whether all reasonable measures are being taken to promote the welfare of the child,
(ii) whether the care being provided for the child continues to be suitable to the child’s needs,
(iii) whether the circumstances of the parents of the child have changed,
(iv) whether it would be in the best interests of the child to be given into the custody of his or her parents, and
(v) in the case of a child who is due to leave the care of the health board within the following two years, the child’s need for assistance in accordance with the provisions of section 45 of the Act.
(6) Decisions taken by a health board as a result of a review under this article shall be made known by the board to the foster parents and, where practicable, to the child, every person who in law is a guardian of the child and any other person who the board considers ought to be informed.
(7) A note of every review under this article shall be entered in the case record relating to the child, together with particulars of any action taken as a result of such review.
19 Special review.
19. (1) Any person having a bona fide interest in the matter may make a request in writing to a health board to review the case of a child in foster care and the board shall accede to such request unless it considers, having regard to the available information and reports on the child, that a review is unnecessary.
(2) Where a health board declines to accede to a request to review the case of a child in foster care, the board shall inform in writing the person who made the request of its decision and the reason thereof.
(3) The relevant provisions of article 18 of these Regulations shall apply to a review carried out by a health board under this article with any necessary modifications.
20 Frequent admissions to care.
20. Where a child is placed in foster care by a health board on more than one occasion in a period of twelve consecutive months but the duration of the placements does not allow for a review in accordance with article 18 of these Regulations, the board shall carry out a review of the case of the child concerned and the relevant provisions of the said article 18 shall apply to such review with any necessary modifications.
PART V REMOVAL OF CHILDREN FROM PLACEMENTS
21 Removal at request of foster parents.
21. (1) Where foster parents with whom a child has been placed by a health board request the board to remove the child from their custody, the board shall as soon as practicable arrange an alternative placement for the child.
(2) Where a health board removes a child pursuant to sub-article (1) of this article, the board shall request the foster parents to sign a statement in writing confirming that the removal is being effected at their request and such signed statement shall be entered in the case record relating to the child.
22 Termination of placement by health board.
22. (1) Where a health board which has placed a child with foster parents—
( a ) proposes to reunite the child with a parent, or
( b ) considers that the continued placement of the child with those foster parents is no longer the most appropriate way of performing its duty to provide care for the child under section 36 of the Act,
the board shall inform the foster parents of its intention to remove the child from their custody and of the reason thereof.
(2) In any case where foster parents object to the proposed removal of a child from their custody in accordance with sub-article (1) of this article, the health board shall afford the foster parents an opportunity to make representations to the board in the matter and if, having considered any such representations, the board decides to proceed with the removal, the board shall give notice in writing to the foster parents of its decision and the reason thereof and shall request them to deliver up the child on such date and at such time and place as may be specified by the board.
(3) Where foster parents refuse or neglect to comply with a request of a health board to deliver up a child in accordance with sub-article (2) of this article, the board may apply to the District Court for an order under section 43 (2) of the Act.
(4) This article is without prejudice to the power of a health board to apply for an order under Part III or IV of the Act.
23 Counselling.
23. A health board shall in appropriate cases make available counselling services to foster parents who have a child removed from their custody in accordance with these Regulations.
PART VI MISCELLANEOUS PROVISIONS
24 Arrangements with voluntary bodies and other persons.
24. A health board may, in accordance with section 9 of the Act, make arrangements with voluntary bodies or other persons to assist the board in the performance of its functions under these Regulations provided the board is satisfied that those bodies or other persons are competent and qualified by their training and experience to undertake such work.
25 Inspections on behalf of Minister.
25. A person authorised in that behalf by the Minister under section 69 of the Act may inspect the practices and procedures operated by a health board in relation to the provision of foster care services and may, in particular, examine such records (including any register and case record kept by the board under articles 12 and 13 of these Regulations) and interview such members of the staff of the board who are involved in foster care services as that person thinks fit.
26 Functions of chief executive officer.
26. The functions of a health board under these Regulations shall be functions of the chief executive officer of the board or any person acting as deputy chief executive officer in accordance with section 13 of the Health Act, 1970 .
27 Placement of child with persons in another health board area.
27. Nothing in these Regulations shall prevent a health board from placing a child in its care with persons who are on a panel maintained by another health board under article 5 of these Regulations.
28 Revocation.
28. The Boarding Out of Children Regulations, 1983 ( S.I. No. 67 of 1983 ) are hereby revoked.
FIRST SCHEDULE
FORM OF FOSTER CARE CONTRACT
THIS AGREEMENT made this ……… day of ……………. 19 ……………………… BETWEEN the ……………………….. (hereinafter called “the health board”) of the first part and …………..(hereinafter called “the foster parents”) of the second part, WITNESSETH that the said foster parents hereby accept the care of ………………….. (hereinafter called “the child”).
The foster parents hereby covenant and agree with the health board that they will:
1. Take the child into their home and care for the child on behalf of the health board.
2. Fulfil all of the duties imposed on them under Article 16 of the Child Care (Placement of Children in Foster Care) Regulations, 1995 in respect of the child.
3. Co-operate with the health board in the care and upbringing of the child.
And the health board hereby covenants and agrees with the foster parents that it will:
1. Pay the foster parents an allowance of not less than the amount currently specified by the Minister for Health in respect of the child.
2. Provide such additional financial or other assistance, including support services, as the health board considers necessary to enable the foster parents to take care of the child.
3. Facilitate the implementation of the plan prepared by the health board for the care and upbringing of the child.
Signed by _____________ and _______ _______________________
Foster Parents
Chief Executive Officer of Health Board (or other officer to whom this function has been delegated).
SECOND SCHEDULE
INFORMATION ON CHILD
1. Name, sex and date of birth of child.
2. Religion.
3. Reason for admission to care of health board.
4. Whether voluntary admission or pursuant to court order.
5. Particulars of previous placements (if any).
6. Names and address(es) of child’s parent(s).
7. Names, ages and whereabouts of siblings (if any) of child.
8. Arrangements for access.
9. Particulars of any medical or nutritional requirements of child.
10. Arrangements for child’s attendance at school (where applicable).
Dated this 1st day of October, 1995.
AUSTIN CURRIE,
Minister of State at the Department of Health.
EXPLANATORY NOTE.
These Regulations set out various requirements to be complied with by health boards in relation to the placing of children in their care with foster parents, the supervision, visiting and review of children in foster care and the removal of children from placements, in accordance with the relevant provisions of the Child Care Act, 1991 .
The Regulations replace the Boarding Out of Children Regulations, 1983, which contain the current statutory provisions relating to the fostering of children.
S.I. No. 606/2015 –
Child Care (Placement of Children in Foster Care) (Amendment) Regulations 2015.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 5th January, 2016.
I, JAMES REILLY, Minister for Children and Youth Affairs, in exercise of the powers conferred on me by sections 39 (as amended by section 75 of the Health Act 2004 (No. 42 of 2004)) and 68 of the Child Care Act 1991 (No. 17 of 1991) and the Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 488 of 2011 ), hereby make the following Regulations:
1. (1) These Regulations may be cited as the Child Care (Placement of Children in Foster Care) (Amendment) Regulations 2015.
(2) The Principal Regulations and these Regulations may be cited together as the Child Care (Placement of Children in Foster Care) Regulations 1995 and 2015 and shall be construed together as one.
2. In these Regulations “Principal Regulations” means the Child Care (Placement of Children in Foster Care) Regulations 1995 ( S.I. No. 260 of 1995 ).
3. The Principal Regulations are amended by inserting after Regulation 4 the following Regulation:
“Prohibition of certain forms of discipline.
4A. The following forms of discipline, in relation to a child in the care of the Child and Family Agency placed in foster care, are prohibited:
(a) corporal punishment or any other form of physical violence;
(b) deprivation of food or drink;
(c) treatment that could reasonably be expected to be detrimental to physical, psychological or emotional wellbeing; and
(d) treatment that is cruel, inhuman or degrading.”
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GIVEN under my Official Seal,
21 December 2015.
JAMES REILLY,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Child Care (Placement of Children in Foster Care) Regulations 1995 to provide for the prohibition of certain forms of discipline where a child in the care of the Child and Family Agency is placed in foster care.
These Regulations may be cited as the Child Care (Placement of Children in Foster Care) (Amendment) Regulations 2015.
S.I. No. 606/2015 –
Child Care (Placement of Children in Foster Care) (Amendment) Regulations 2015.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 5th January, 2016.
I, JAMES REILLY, Minister for Children and Youth Affairs, in exercise of the powers conferred on me by sections 39 (as amended by section 75 of the Health Act 2004 (No. 42 of 2004)) and 68 of the Child Care Act 1991 (No. 17 of 1991) and the Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 488 of 2011 ), hereby make the following Regulations:
1. (1) These Regulations may be cited as the Child Care (Placement of Children in Foster Care) (Amendment) Regulations 2015.
(2) The Principal Regulations and these Regulations may be cited together as the Child Care (Placement of Children in Foster Care) Regulations 1995 and 2015 and shall be construed together as one.
2. In these Regulations “Principal Regulations” means the Child Care (Placement of Children in Foster Care) Regulations 1995 ( S.I. No. 260 of 1995 ).
3. The Principal Regulations are amended by inserting after Regulation 4 the following Regulation:
“Prohibition of certain forms of discipline.
4A. The following forms of discipline, in relation to a child in the care of the Child and Family Agency placed in foster care, are prohibited:
(a) corporal punishment or any other form of physical violence;
(b) deprivation of food or drink;
(c) treatment that could reasonably be expected to be detrimental to physical, psychological or emotional wellbeing; and
(d) treatment that is cruel, inhuman or degrading.”
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GIVEN under my Official Seal,
21 December 2015.
JAMES REILLY,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Child Care (Placement of Children in Foster Care) Regulations 1995 to provide for the prohibition of certain forms of discipline where a child in the care of the Child and Family Agency is placed in foster care.
These Regulations may be cited as the Child Care (Placement of Children in Foster Care) (Amendment) Regulations 2015.
S.I. No. 607/2015 –
Child Care (Placement of Children with Relatives) (Amendment) Regulations 2015.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 5th January, 2016.
I, JAMES REILLY, Minister for Children and Youth Affairs, in exercise of the powers conferred on me by sections 41 (as amended by section 75 of the Health Act 2004 (No. 42 of 2004)) and 68 of the Child Care Act 1991 (No. 17 of 1991) and the Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 488 of 2011 ), hereby make the following Regulations:
1. (1) These Regulations may be cited as the Child Care (Placement of Children with Relatives) (Amendment) Regulations 2015.
(2) The Principal Regulations and these Regulations may be cited together as the Child Care (Placement of Children with Relatives) Regulations 1995 and 2015 and shall be construed together as one.
2. In these Regulations “Principal Regulations” means the Child Care (Placement of Children with Relatives) Regulations 1995 ( S.I. No. 261 of 1995 ).
3. The Principal Regulations are amended by inserting after Regulation 4 the following Regulation:
“Prohibition of certain forms of discipline.
4A. The following forms of discipline, in relation to a child in the care of the Child and Family Agency placed with his or her relatives, are prohibited:
(a) corporal punishment or any other form of physical violence;
(b) deprivation of food or drink;
(c) treatment that could reasonably be expected to be detrimental to physical, psychological or emotional wellbeing; and
(d) treatment that is cruel, inhuman or degrading.”
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GIVEN under my Official Seal,
21 December 2015.
JAMES REILLY,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Child Care (Placement of Children with Relatives) Regulations 1995 to provide for the prohibition of certain forms of discipline where a child in the care of the Child and Family Agency is placed with relatives.
These Regulations may be cited as the Child Care (Placement of Children with Relatives) (Amendment) Regulations 2015.
S.I. No. 170/2020 –
Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest – Covid-19) (Amendment) Regulations 2020
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 15th May, 2020.
I, KATHERINE ZAPPONE, Minister for Children and Youth Affairs, in exercise of the powers conferred on me by sections 39 (as amended by section 75 of the Health Act 2004 (No. 42 of 2004)) and 68 of the Child Care Act 1991 (No. 17 of 1991) and the Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 488 of 2011 ), hereby make the following regulations:
1. (1) These Regulations may be cited as the Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest – Covid-19) (Amendment) Regulations 2020.
(2) The Principal Regulations and these Regulations may be cited together as the Child Care (Placement of Children in Foster Care) Regulations 1995 to 2020 and shall be construed together as one.
2. In these Regulations:
“Covid-19” has the same meaning as it has in the Emergency Measures in the Public Interest (Covid-19) Act 2020 ; and
“Principal Regulations” means the Child Care (Placement of Children in Foster Care) Regulations 1995 ( S.I. No. 260 of 1995 ).
3. The Principal Regulations are amended by inserting after the definition of “authorised person” in Regulation 3 the following definition:
““Emergency period” means the period of three months commencing on the making of the Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest – Covid-19) (Amendment) Regulations 2020 ( S.I. No. 170 of 2020 ).”.
4. The Principal Regulations are amended by inserting after Regulation 5 the following Regulation:
“Assessment of foster parents – emergency measures in the public interest – Covid-19.
5A. (1) Regulation 5 shall not apply for the duration of the emergency period.
(2) The Child and Family Agency shall establish and maintain one or more panels (“emergency placement foster care panel”) of persons who are willing to act as foster parents.
(3) The Child and Family Agency may, for the duration of the emergency period and having due regard to all public health notifications and obligations, place a person on a panel referred to in sub-paragraph (2) of this Regulation where:
(a) the following has been submitted to the Child and Family Agency:
(i) the names and addresses of two referees for the person seeking approval as a foster parent (“the applicant”) who are not related to the applicant and with whom the Child and Family Agency may consult as to the suitability of the applicant to act as a foster parent, and
(ii) an up-to-date vetting disclosure from An Garda Síochána, in respect of:
(A) each applicant, and
(B) each individual in the applicant’s household aged 16 years or over.
(b) an authorised person, following assessment, is satisfied as to the suitability of the applicant and the applicant’s home.
(c) a report in writing as to the suitability of the applicant has been considered by a committee established under sub-paragraph (4) of this Regulation and the committee is satisfied, having regard to the report and the information furnished to or obtained by the Child and Family Agency pursuant to this sub-paragraph, that they are suitable persons to act as foster parents on behalf of the Child and Family Agency.
(d) those persons have received appropriate advice, guidance and training in relation to the foster care of children.
(4) The Child and Family Agency shall establish one or more committees to examine applications from persons wishing to be placed on a panel maintained by the Child and Family Agency under sub-paragraph (2) of this Regulation.
(5) A committee established under sub-paragraph (4) of this Regulation shall be composed of persons with expertise in matters affecting the welfare of children, including persons who have training or experience in relation to foster care.
(6) The membership of a committee established under sub-paragraph (4) of this Regulation may include persons who are not employees of the Child and Family Agency.
(7) Persons who apply to the Child and Family Agency to be placed on a panel maintained by the Child and Family Agency under sub-paragraph (2) of this Regulation shall be informed in writing by the Child and Family Agency of the outcome of their application.”.
5. The Principal Regulations are amended in Regulations 7, 8 and 9 by substituting “Regulation 5 or 5A, as appropriate,” for “Regulation 5” in each place where it occurs.
6. The Principal Regulations are amended by inserting the following Regulation after Regulation 17:
“Supervision and visiting of children – emergency measures in the public interest – Covid-19.
17A. (1) Regulations 17(1), (2) and (3) shall not apply for the duration of the emergency period.
(2) Subject to sub-paragraph (3), a child who has been placed in foster care by the Child and Family Agency shall be visited by an authorised person as often as the Child and Family Agency considers practicable, having regard to the plan for the care and upbringing of the child prepared by the Child and Family Agency under Regulation 11 of these Regulations and to any review of such plan pursuant to Regulations 18, 19 or 20 of these Regulations.
(3) Where a child has been placed in foster care by the Child and Family Agency, and:
(a) the Child and Family Agency has not previously placed a child with the foster carer in question, or
(b) the child is placed in accordance with this Regulation,
that child shall be visited within 4 weeks of the commencement of such placement.
(4) Any visit to a child placed in foster care, referred to in sub-paragraph (2) or (3) shall, at all times, have due regard to all public health notifications and obligations.
(5) A child who has been placed in foster care by the Child and Family Agency shall be contacted by the Child and Family Agency as often as necessary, having regard to the plan for the care and upbringing of the child prepared by the Child and Family Agency under Regulation 11 of these Regulations and to any review of such plan pursuant to Regulations 18, 19 or 20 of these Regulations, but in any event—
(a) at intervals not exceeding three months during the period of two years commencing on the date on which the child was placed with the foster parents, and
(b) thereafter at intervals not exceeding six months.
(6) A child who was placed in foster care by the Child and Family Agency not earlier than two years before the commencement of these Regulations shall be contacted at intervals not exceeding three months until the second anniversary of the date of the placement and thereafter at intervals not exceeding six months.
(7) A child who was placed in foster care by the Child and Family Agency earlier than two years before the commencement of these Regulations shall be contacted at intervals not exceeding six months.”.
7. The Principal Regulations are amended in Regulations 13(2)(g) and 18(5)(b) by substituting “Regulation 17 or 17A, as appropriate,” for “Regulation 17” in each place where it occurs.
8. Nothing in these Regulations shall affect the assessment of a foster carer which commenced under Regulation 5 of the Principal Regulations immediately prior to the coming into operation of these Regulations.
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GIVEN under my Official Seal,
12 May, 2020.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations amend the Child Care (Placement of Children in Foster Care) Regulations 1995 to provide for the suspension of normal foster care approval processes, having regard to the obligations and restrictions required by the State for the safeguarding of public health, and to allow for the introduction, on a temporary basis, of a more flexible approval process. These Regulations also suspend the statutory time-periods for the visiting of children in foster care and allow for any visits required to take place in accordance with all public health notifications and obligations. In addition, contact must be maintained, outside of visits, by the Child and Family Agency with children in foster care, in accordance with the frequency set out in these Regulations.
These Regulations may be cited as the Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest – Covid-19) (Amendment) Regulations 2020.