Child Care (Placement of Children In Foster Care) Regulations, 1995

• Jurisdiction: Ireland
• Citation: IR SI 260/1995
• Year: 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...