Child Care (Placement of Children With Relatives) Regulations, 1995

• Jurisdiction: Ireland
• Year: 1995
• Citation: IR SI 261/1995

S.I. No. 261 of 1995.
CHILD CARE (PLACEMENT OF CHILDREN WITH RELATIVES) 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 relatives.
6. Emergency placements.
7. Assessment of circumstances 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. Financial and other assistance.
15. Support services for relatives.
16. Duties of relatives.
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 relatives.
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.
FIRST SCHEDULE
FORM OF CONTRACT
SECOND SCHEDULE
INFORMATION ON CHILD
S.I. No. 261 of 1995.
CHILD CARE (PLACEMENT OF CHILDREN WITH RELATIVES) REGULATIONS, 1995.
In exercise of the powers conferred on the Minister for Health by sections 41 , 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 with Relatives) 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;
"relative", with respect to a child to whom these Regulations apply, includes the spouse of a relative of that child and a person who has acted in loco parentis.
PART II PROMOTION OF WELFARE OF CHILD
	4 Welfare of child.	4. In any matter relating to—
( a ) the placing of a child with a relative, or
( b ) the review of the case of a child placed with a relative, or
( c ) the removal of a child from the custody of a relative 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 relatives.	5. (1) Subject to article 6 of these Regulations, a health board shall not place a child in its care with his or her relatives unless—
( a ) the relatives 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 take care of the child on behalf of the board,
(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 the relatives 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 (2) 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 the relatives are suitable persons to take care of the child on behalf of the board; and
( d ) the relatives have received appropriate advice, guidance and training in relation to the care of the child.
(2) A health board shall establish one or more committees to consider the suitability of relatives of children in the care of the board who are willing to take care of the children on behalf of the board.
(3) A committee established by a health board under sub-article (2) of this article shall be composed of persons with expertise in matters affecting the welfare of children.
(4) The membership of a committee established by a health board under sub-article (2) of this article may include persons who are not officers of the board.
	6 Emergency placements.	6. (1) Where a health board is satisfied that the immediate placement of a child in its care with his or her relatives is in the interests of the child, the board may, notwithstanding that one or more of the provisions of article 5 of these Regulations have not been complied with in relation to the relatives, place the child with those relatives provided the board is of opinion, after having caused—
( a ) the relatives to be interviewed and their home to be visited by an authorised person, and
( b ) such other enquiries as are practicable to be made in the particular circumstances of the case,
that the relatives are suitable persons to take care of the child on behalf of the board.
(2) Where a child is placed with relatives pursuant to sub-article (1) of this article, the health board shall ensure that all of the requirements of article 5 of these Regulations are complied with in relation to the relatives as soon as practicable but in any event not later than twelve weeks after the date of the placement.
	7 Assessment of circumstances of child.	7. (1) Subject to sub-article (2) of this article, a health board shall, before placing a child with relatives, 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 relatives in an emergency, the health board shall carry out an assessment of the child's circumstances as soon as practicable.
	8 Religion.	8. (1) A health board, in placing a child in its care with relatives, shall endeavour to respect the wishes (if any) of every person who in law is a guardian of the child as to the religious upbringing of the child and the religion of the relatives concerned.
(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 relatives concerned, 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 relatives in respect of a child placed with them 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 relatives in accordance with sub-article (1) of this article shall be given to those relatives, together with a copy of these Regulations.
	10 Information on child.	10. (1) Whenever a health board places a child in its care with relatives, the board shall furnish those relatives 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 relatives 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 relatives, 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 relatives concerned 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 relatives 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 relatives concerned 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 for the care and upbringing of a child prepared by a health board under this article shall be made known by the board to the relatives concerned 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...