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 to children placed in foster care by the board.

(2) An entry in the register with respect to a foster child shall include such of the following particulars as are available to the health board—

( a ) the name, sex and date of birth of the child,

( b ) the names and address of the parents of the child,

( c ) the names and address of the foster parents with whom the child has been placed,

( d ) the date of placement, and

( e ) where the child ceases to be placed with those foster parents, the date on which the placement ceased.

(3) Every change in the particulars entered in the register with respect to a foster child shall be recorded in the register.

(4) A register under this article may be kept by means of a record that is not in a legible form but which is capable of being reproduced in a legible form.

(5) Every register kept by a health board under this article shall be preserved in perpetuity.

13 Case records.

13. (1) A health board shall compile a case record of every child placed in foster care by it and the said record shall be kept up to date.

(2) A case record of a foster child shall include such of the following documents as are available to the health board—

( a ) medical and social reports on the child, including background information on the child's family,

( b ) a copy of any court order relating to the child or of parental consent to the child's admission to the care of the board, as appropriate,

( c ) the birth certificate of the child,

( d ) a copy of the contract between the board and the foster parents,

( e ) a copy of the plan for the care and upbringing of the child prepared by the board under article 11 of these Regulations,

( f ) reports on the child's progress at school, where applicable,

( g ) a note of every visit to the child and the foster parents in accordance with article 17 of these Regulations,

( h ) a note of every review of the child's case pursuant to article 18, 19 or 20 of these Regulations, together with particulars of any action taken as a result of such review, and

( i ) a note of every significant event affecting the child.

(3) Every case record compiled by a health board under this article shall be preserved in perpetuity.

14 Fostering allowance.

14. (1) A health board shall pay foster parents in respect of any child placed with them in accordance with these Regulations an allowance of not less than such amount as may from time to time be specified by the Minister.

(2) A health board may, in addition to the allowance referred to in sub-article (1) of this article and subject to any general directions given by the Minister, provide such financial or other assistance as the board considers necessary to enable foster parents to take care of children placed with them by the board.

15 Support services for foster parents.

15. A health board shall, subject to any general directions given by the Minister, make available to foster parents such support services, including advice, guidance and training, as the board considers necessary to enable foster parents to take care of children placed with them by the board.

16 Duties of foster parents.

16. (1) It shall be the duty of foster parents who are taking care of a child on behalf of a health board in accordance with these Regulations to take all reasonable measures to promote the child's health, development and welfare.

(2) Without prejudice to the generality of sub-article (1) of this article, foster parents shall in particular—

( a ) permit any person so authorised by the health board to see the child and visit the foster home from time to time as may be necessary in the interests of the child,

( b ) co-operate with a person so authorised and furnish that person with such information as the person may reasonably require,

( c ) ensure that any information relating to the child or the child's family or any other person given to them by the health board is treated confidentially,

( d ) seek appropriate medical aid for the child if the child suffers from illness or injury,

( e ) inform the health board as soon as practicable of any significant event affecting the child,

( f ) inform the health board of any change in their circumstances which might affect their ability to care for the child,

( g ) co-operate with the health board in facilitating access to the child by a parent or other person who is allowed such access,

( h ) give the health board at least twenty-eight days' notice of any intended change in their normal place of residence,

( i ) make good and proper arrangements for the care of the child in the case of absence by the child or both of the foster parents from the foster home, and

( j ) give the health board prior notice of any such absence the duration of which is likely to exceed seventy-two hours.

17 Supervision and visiting of children.

17. (1) A child who has been placed in foster care by a health board shall be visited by an authorised person as often as the board considers necessary, having regard to the plan for the care and upbringing of the child prepared by the board under article 11 of these Regulations and to any review of such plan pursuant to article 18, 19 or 20 of these Regulations, but in any event—

( a ) at intervals not exceeding three months during the period of two years commencing on the date on which the child was placed with the foster parents, the first visit being within one month of that date, and

( b ) thereafter at intervals not exceeding six months.

(2) A child who was boarded out or placed in foster care by a health board not earlier than two years before the commencement of these Regulations shall be visited at intervals not exceeding three months until the second anniversary of the date of the placement and thereafter at intervals not exceeding six months.

(3) A child who was boarded out or placed in foster care by a health board earlier than two years before the commencement of these Regulations shall be visited at intervals not exceeding six months.

(4) Where, following a visit to a child in foster care, a health board is of opinion that any matter relating to the child's placement is not in compliance with these Regulations, the board shall take appropriate action to ensure compliance with these Regulations.

(5) A note of every visit to a child in foster care in accordance with this article shall be entered in the case record relating to the child, together with particulars of any action taken as a result of such visit.

18 Review of cases.

18. (1) A health board shall arrange for the case of each child who has been placed in foster care by the board and, in particular, the plan for the care and upbringing of the child prepared by the board under article 11 of these Regulations to be reviewed by an authorised person as often as may be necessary in the particular circumstances of the case, but in any event—

( a ) at intervals not exceeding six months during the period of two years commencing on the date on which the child was placed with the foster parents (the first review to be carried out within two months of that date), and

( b ) thereafter not less than once in each calendar year.

(2) The case of a child who was boarded out or placed in foster care by a health board not earlier than two years before the commencement of these Regulations shall be reviewed at intervals not exceeding six months until the second anniversary of the date of the placement and thereafter not less than once in each calendar year.

(3) The case of a child who was boarded out or placed in foster care by a health board earlier than two years before the commencement of these Regulations shall be reviewed not less than once in each calendar year.

(4) Where a health board initiates a review of the case of a child in foster care, the board shall inform the foster parents and, in so far as is practicable, the child and every person who in law is a guardian of the child and afford them an opportunity to be heard in person on the review or otherwise to be consulted in relation to the review.

(5) In reviewing the case of a child in foster care, a health board shall, having regard to—

( a ) any views or information furnished by the child, the parents of the child, the foster parents and any other person whom the board has consulted in relation to the review,

( b ) a report of a visit to the child in accordance with article 17 of these Regulations,

( c ) in the case of a child attending school, the latest available school report relating to the child, and

( d ) any other information which in the opinion of the health board is relevant to the case of the child,

consider—

(i) whether all reasonable measures are being taken to promote the welfare of the child,

(ii) whether the care being provided for the child continues to be suitable to the child's needs,

(iii) whether the circumstances of the parents of the child have changed,

(iv) whether it would be in the best interests of the child to be given into the custody of his or her parents, and

(v) in the case of a child who is due to leave the care of the health board within the following two years, the child's need for assistance in accordance with the provisions of section 45 of the Act.

(6) Decisions taken by a health board as a result of a review under this article shall be made known by the board to the foster parents and, where practicable, to the child, every person who in law is a guardian of the child and any other person who the board considers ought to be informed.

(7) A note of every review under this article shall be entered in the case record relating to the child, together with particulars of any action taken as a result of such review.

19 Special review.

19. (1) Any person having a bona fide interest in the matter may make a request in writing to a health board to review the case of a child in foster care and the board shall accede to such request unless it considers, having regard to the available information and reports on the child, that a review is unnecessary.

(2) Where a health board declines to accede to a request to review the case of a child in foster care, the board shall inform in writing the person who made the request of its decision and the reason thereof.

(3) The relevant provisions of article 18 of these Regulations shall apply to a review carried out by a health board under this article with any necessary modifications.

20 Frequent admissions to care.

20. Where a child is placed in foster care by a health board on more than one occasion in a period of twelve consecutive months but the duration of the placements does not allow for a review in accordance with article 18 of these Regulations, the board shall carry out a review of the case of the child concerned and the relevant provisions of the said article 18 shall apply to such review with any necessary modifications.

PART V REMOVAL OF CHILDREN FROM PLACEMENTS

21 Removal at request of foster parents.

21. (1) Where foster parents with whom a child has been placed by a health board request the board to remove the child from their custody, the board shall as soon as practicable arrange an alternative placement for the child.

(2) Where a health board removes a child pursuant to sub-article (1) of this article, the board shall request the foster parents to sign a statement in writing confirming that the removal is being effected at their request and such signed statement shall be entered in the case record relating to the child.

22 Termination of placement by health board.

22. (1) Where a health board which has placed a child with foster parents—

( a ) proposes to reunite the child with a parent, or

( b ) considers that the continued placement of the child with those foster parents is no longer the most appropriate way of performing its duty to provide care for the child under section 36 of the Act,

the board shall inform the foster parents of its intention to remove the child from their custody and of the reason thereof.

(2) In any case where foster parents object to the proposed removal of a child from their custody in accordance with sub-article (1) of this article, the health board shall afford the foster parents an opportunity to make representations to the board in the matter and if, having considered any such representations, the board decides to proceed with the removal, the board shall give notice in writing to the foster parents of its decision and the reason thereof and shall request them to deliver up the child on such date and at such time and place as may be specified by the board.

(3) Where foster parents refuse or neglect to comply with a request of a health board to deliver up a child in accordance with sub-article (2) of this article, the board may apply to the District Court for an order under section 43 (2) of the Act.

(4) This article is without prejudice to the power of a health board to apply for an order under Part III or IV of the Act.

23 Counselling.

23. A health board shall in appropriate cases make available counselling services to foster parents who have a child removed from their custody in accordance with these Regulations.

PART VI MISCELLANEOUS PROVISIONS

24 Arrangements with voluntary bodies and other persons.

24. A health board may, in accordance with section 9 of the Act, make arrangements with voluntary bodies or other persons to assist the board in the performance of its functions under these Regulations provided the board is satisfied that those bodies or other persons are competent and qualified by their training and experience to undertake such work.

25 Inspections on behalf of Minister.

25. A person authorised in that behalf by the Minister under section 69 of the Act may inspect the practices and procedures operated by a health board in relation to the provision of foster care services and may, in particular, examine such records (including any register and case record kept by the board under articles 12 and 13 of these Regulations) and interview such members of the staff of the board who are involved in foster care services as that person thinks fit.

26 Functions of chief executive officer.

26. The functions of a health board under these Regulations shall be functions of the chief executive officer of the board or any person acting as deputy chief executive officer in accordance with section 13 of the Health Act, 1970 .

27 Placement of child with persons in another health board area.

27. Nothing in these Regulations shall prevent a health board from placing a child in its care with persons who are on a panel maintained by another health board under article 5 of these Regulations.

28 Revocation.

28. The Boarding Out of Children Regulations, 1983 ( S.I. No. 67 of 1983 ) are hereby revoked.

FIRST SCHEDULE

FORM OF FOSTER CARE CONTRACT

THIS AGREEMENT made this ......... day of ................ 19 ........................... BETWEEN the ............................. (hereinafter called "the health board") of the first part and ..............(hereinafter called "the foster parents") of the second part, WITNESSETH that the said foster parents hereby accept the care of ....................... (hereinafter called "the child").

The foster parents hereby covenant and agree with the health board that they will:

1. Take the child into their home and care for the child on behalf of the health board.

2. Fulfil all of the duties imposed on them under Article 16 of the Child Care (Placement of Children in Foster Care) Regulations, 1995 in respect of the child.

3. Co-operate with the health board in the care and upbringing of the child.

And the health board hereby covenants and agrees with the foster parents that it will:

1. Pay the foster parents an allowance of not less than the amount currently specified by the Minister for Health in respect of the child.

2. Provide such additional financial or other assistance, including support services, as the health board considers necessary to enable the foster parents to take care of the child.

3. Facilitate the implementation of the plan prepared by the health board for the care and upbringing of the child.

Signed by _____________ and _______ _______________________

Foster Parents

Chief Executive Officer of Health Board (or other officer to whom this function has been delegated).

SECOND SCHEDULE

INFORMATION ON CHILD

1. Name, sex and date of birth of child.

2. Religion.

3. Reason for admission to care of health board.

4. Whether voluntary admission or pursuant to court order.

5. Particulars of previous placements (if any).

6. Names and address(es) of child's parent(s).

7. Names, ages and whereabouts of siblings (if any) of child.

8. Arrangements for access.

9. Particulars of any medical or nutritional requirements of child.

10. Arrangements for child's attendance at school (where applicable).

Dated this 1st day of October, 1995.

AUSTIN CURRIE,

Minister of State at the Department of Health.

EXPLANATORY NOTE.

These Regulations set out various requirements to be complied with by health boards in relation to the placing of children in their care with foster parents, the supervision, visiting and review of children in foster care and the removal of children from placements, in accordance with the relevant provisions of the Child Care Act, 1991 .

The Regulations replace the Boarding Out of Children Regulations, 1983, which contain the current statutory provisions relating to the fostering of children.