Boarding-out of Children (Foster Placement) Regulations 1988

Publication Date:January 01, 1988

1988No. 2184

CHILDREN AND YOUNG PERSONS

The Boarding-out of Children (Foster Placement) Regulations 1988

Made

12thDecember1988

Laid before Parliament

22ndDecember1988

Coming into force

1stJune1989

ARRANGEMENT OF REGULATIONS

1. Citation, commencement and interpretation

2. Scope of the Regulations

3. Approval of households

4. Medical examinations and care of children's health

5. Duties of local authorities and voluntary organisations in relation to placements

6. Agreements with foster parents

7. Notices relating to placements

8. Supervisory duties in respect of placements

9. Emergency placements

10. Restriction on placements outside England and Wales

11. Termination of placements

12. Registers to be kept by local authorities

13. Case records relating to placements

14. Records relating to foster parents

15. Retention of and access to records

16. Information to be given by local authorities and voluntary organisations

17. Arrangements between care authorities and area authorities

18. Duties of local authorities in regard to children placed by voluntary organisations

19. Transitional provisions

20. Revocation

SCHEDULES

1. Approval of households

2. Undertakings and agreements by foster parents

The Secretary of State for Health, in exercise of the powers conferred by sections 22, 61 and 85(1) and (4) of the Child Care Act 1980 ( a)and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Boarding-out of Children (Foster Placement) Regulations 1988 and shall come into force on 1st June 1989.

(2) In these Regulations, unless the context otherwise requires-

"the Act" means the Child Care Act 1980;

"the 1969 Act" means the Children and Young Persons Act 1969 ( b);

"area authority" in relation to a child means the local authority ( c) for the area in which the household in which the child is placed is situated where the child is not in the care of that authority;

"approved household" means a household approved under regulation 3 of these Regulations;

"care authority" in relation to a child means the local authority in whose care the child is under section 2 of the Act (duty of local authority to provide for orphans, deserted children etc), by virtue of a care order ( d) or a warrant under section 23(1) of the 1969 Act (which relates to remands to the care of local authorities) or under any other enactment by virtue of which Part III of the Act (which relates to children in the care of a local authority) applies to the child ( e);

"custodian" in relation to a child means the person in whom legal custody of the child is vested under a custodianship order under section 33(1) of the Children Act 1975 ( f);

"foster home" means the household in which a child is placed;

"foster parent" means the person with whom a child is for the time being placed or may be placed;

"guardian ad litem" means a guardian ad litem appointed in pursuance of section 32B of the 1969 Act ( g) under rules made under section 65 of the Adoption Act 1976 ( h) or in pursuance of section 7 or section 12F of the Act ( i);

(a) 1980 c.5; section 85(4) was amended by the Children and Young Persons (Amendment) Act 1986 (c.28), section 1(2).

(b) 1969 c.54.

(c) "local authority" is defined in section 87(1) of the Act as the council of a county (other than a metropolitan county) of a metropolitan district or of a London Borough or the Common Council of the City of London.

(d) A care order is an order committing a person to the care of a local authority under the 1969 Act: see section 87(1) of the Act and section 20 of the 1969 Act.

(e) Part III of the Act applies also to children committed to the care of a local authority under the following provisions:

(i) section 3(2) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960 (c.48): that Act was repealed by Schedule 3 to the Domestic Proceedings and Magistrates' Courts Act 1978 (c.22), but by virtue of paragraph 3 of Schedule 1 to the 1978 Act orders made under the 1960 Act are not affected;

(ii) section 7(2) of the Family Law Reform Act 1969 (c.46), as amended by paragraph 23 of Schedule 5 to the Act;

(iii) section 43(1) of the Matrimonial Causes Act 1973 (c.18), as amended by paragraph 34 of Schedule 5 to the Act;

(iv) section 2(2)(b) of the Guardianship Act 1973 (c.29) (which applies section 4 of that Act);

(v) section 34(5) of the Children Act 1975 (c.72), (which applies section 2(2)(b) of the Guardianship Act 1973): section 34 was substituted by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978);

(vi) section 36(2) and (3)(a) of the Children Act 1975 (which applies section 4 of the Guardianship Act 1973 to an order under section 36(2) and (3)(a) as it applies to an order under section 2(2)(b) of the Guardianship Act 1973);

(vii) section 26(1)(b) of the Adoption Act 1976 (c.36) (which applies section 4 of the Guardianship Act 1973 to an order under section 26(1)(b) as it applies to an order under section 2(2)(b) of the Guardianship Act 1973);

(viii) section 10(1) of the Domestic Proceedings and Magistrates' Courts Act 1978, as amended by paragraph 42 of Schedule 5 to the Act.

(f) 1975 c.72.

(g) Section 32B was inserted by section 64 of the Children Act 1975.

(h) 1976 c.36.

(i) Section 12F was added by the Health and Social Services and Social Security Adjudications Act 1983 (c.41) Schedule 1, paragraph 1.

"placement" in relation to a child means a boarding out to which these Regulations apply and "placement" and "placed" shall be construed accordingly;

"supervisory duties" means the duties imposed by regulation 8 (supervisory duties in respect of placements).

(3) In these Regulations, unless the context otherwise requires-

(a) any reference to a numbered regulation is to the regulation in these Regulations bearing that number and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number;

(b) any reference to a numbered Schedule is to the Schedule to these Regulations bearing that number.

Scope of the Regulations

2.-(1) Subject to the provisions of paragraphs (2), (3) and (4), these Regulations shall apply to the placement of a child with a foster parent to live in his household where the placement is made by a care authority under section 21 of the Act or a voluntary organisation under section 61 of the Act.

(2) These Regulations shall not apply to the placement of a child for adoption pursuant to the Adoption Act 1976 with a person who proposes to adopt him.

(3) Where a child is committed by a court to the care of a local authority by an order under section 7(2) of the Family Law Reform Act 1969, section 43 of the Matrimonial Causes Act 1973, section 2(2)(b) of the Guardianship Act 1973, section 34(5), 36(2) and (3)(a) of the Children Act 1975 or section 26(1)(b) of the Adoption Act 1976, the application of these Regulations is subject to any directions given by the court, whether any such direction is given before or after the coming into force of these Regulations.

(4) Nothing in these Regulations shall require the temporary removal of a child from the household in which he is to be placed and in which he is already living before he is placed.

Approval of households

3.-(1) Except as provided in regulation 9 (emergency placements), a child may not be placed with a foster parent unless the household in which the child is to be placed is approved under this regulation by the care authority or the voluntary organisation which place the child.

(2) A local authority or voluntary organisation shall not approve a household under this regulation unless satisfied that a person in the household is suitable to act as a foster parent and shall, as far as practicable, obtain the particulars specified in Part I of Schedule 1 relating to that person and other persons in the household and shall have regard to such matters, and the references required by paragraph (3), in reaching a decision as to the approval of that household.

(3) A local authority or voluntary organisation shall require the person in the household which the authority or organisation propose to approve who is to act as a foster parent to supply the names and addresses of two persons who can provide personal references for him and shall arrange for those persons to be interviewed.

(4) A local authority or voluntary organisation shall give notice in writing to a prospective foster parent as to whether or not the household in which he is living has been approved under this regulation and whether approval is in respect of a particular child or class of children or in respect of any particular kind of placement in such circumstances as may be specified by the authority or organisation.

(5) Where a household is approved under this regulation the notice referred to in paragraph (4) shall include the particulars specified in Part II of Schedule 1 or be accompanied by a document which includes those particulars.

(6) Where a household is approved under this regulation the local authority or voluntary organisation shall from time to time review whether that household continues to be suitable to be approved under this regulation and whether the foster parent in the household continues to be suitable to act as a foster parent and at the conclusion of the review the authority or organisation shall prepare a report and give notice in writing of their decision to the foster parent.

(7) In reviewing their approval in accordance with paragraph (6) a local authority or voluntary organisation shall seek the views of the foster parent in question and take his views into account in reaching their decision.

(8) A local authority or voluntary organisation may by notice in writing given to the foster parent in the household terminate the approval of the household under this regulation from such date as is specified in the notice.

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