Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest - Covid-19) (Amendment) Regulations 2020

• Jurisdiction: Ireland
• Citation: IR SI 170/2020
• Year: 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...