Boarding-out of Children (Foster Placement) Regulations 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/2184 |
| Year | 1988 |
1988 No. 2184
CHILDREN AND YOUNG PERSONS
The Boarding-out of Children (Foster Placement) Regulations 1988
Made 12th December 1988
Laid before Parliament 22th December 1988
Coming into force 1st June 1989
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 19801and 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 19692;
“area authority” in relation to a child means the local authority3for 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 order4or 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 child5;
“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 19756;
“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 Act7under rules made under section 65 of the Adoption Act 19768or in pursuance of section 7 or section 12F of the Act9;
“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)
(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)
(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.
Medical examinations and care of children’s health
4.—(1) A local authority or voluntary organisation shall ensure that arrangements are made for a child placed by them with a foster parent to be provided with health care, including medical and dental attention, and ensure that the name of the child is included on the list of a general medical practitioner who provides general medical services under Part II of the National Health Service Act 197710.
(2) Except in the case of a placement to which paragraph (3) applies, a local authority or voluntary organisation shall, before they place a child, make arrangements for—
(a)
(a) the child to be examined by a registered medical practitioner, and
(b)
(b) the practitioner who has carried out the medical examination to make a written assessment of the state of health of the child and his need for health care,
unless the child has been so examined and such assessment has been made within the period of 3 months immediately preceding the placement.
(3) Where—
(a)
(a) in the opinion of a local authority or voluntary organisation it is necessary to place a child in an approved household in an emergency; or
(b)
(b) a child is placed as provided in regulation 9 (emergency placements),
and it is not practicable to comply with the requirements of paragraph (2), the local authority or voluntary organisation shall, as soon as practicable, and in any case not more than 14 days after the child has been placed by them, arrange for the child to be examined by a registered medical practitioner and for such a written assessment as is described in paragraph (2)(b) to be obtained unless the child has been so examined and such assessment has been made within the period of 3 months immediately preceding the placement.
(4) A local authority or voluntary organisation shall make arrangements for a child who has been placed by them to be examined by a registered medical practitioner and for such a written assessment as is described in paragraph (2)(b) to be obtained—
(a)
(a) at least once in every period of 6 months before the child’s second birthday; and
(b)
(b) at least once in every period of 12 months after the child’s second birthday.
Duties of local authorities and voluntary organisations in relation to placements
5.—(1) A local authority shall satisfy themselves that placement of a child with a foster parent is the most suitable way of performing their general duty under section 18 of the Act (general duty of local authority in relation to children in their care) and that the placement of a child with a particular foster parent is the most suitable having regard to all the circumstances.
(2) A voluntary organisation shall satisfy themselves that the placement of a child with a foster parent is the most suitable way of performing their general duty under section 64A11of the Act (general duty of voluntary organisation in relation to children in their care) and that the placement of a child with a particular foster parent is the most suitable placement having regard to all the circumstances.
(3) In making arrangements for a placement a...
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