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S.I. No. 606/2015 - Child Care (Placement of Children in Foster Care) (Amendment) Regulations 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th January, 2016.

I, JAMES REILLY, 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) (Amendment) Regulations 2015.

(2) The Principal Regulations and these Regulations may be cited together as the Child Care (Placement of Children in Foster Care) Regulations 1995 and 2015 and shall be construed together as one.

2. In these Regulations “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 Regulation 4 the following Regulation:

“Prohibition of certain forms of discipline.

4A. The following forms of discipline, in relation to a child in the care of the Child and Family Agency placed in foster care, are prohibited:

(a) corporal punishment or any other form of physical violence;

(b) deprivation of food or drink;

(c) treatment that could reasonably be expected to be detrimental to physical, psychological or emotional wellbeing; and

(d) treatment that is cruel, inhuman or degrading.”

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GIVEN under my Official Seal,

21 December 2015.

JAMES REILLY,

Minister for Children and Youth Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Child Care (Placement of Children in Foster Care) Regulations 1995 to provide for the prohibition of certain forms of discipline where a child in the care of the Child and Family Agency is placed in foster care.

These Regulations may be cited as the Child Care (Placement of Children in Foster Care) (Amendment) Regulations 2015.