Children and Young Persons Act 1969

52 Amendments of definitions of " foster child " and " protected child "

(1) In subsection (1) of section 2 of the [1958 c. 65.] Children Act 1958 (which, subject to the following provisions of that section, defines a foster child for the purposes of Part I of that Act as a child below the upper limit of the compulsory school age whose care and maintenance are undertaken for reward for a period exceeding one month by a person who is not a relative or guardian of his) the words from " for reward " to " one month " shall be omitted.

(2) At the end of paragraph (c) of subsection (3) of the said section 2 (which provides that a child is not a foster child while he is in the care of any person in a school) there shall be added the words " in which he is receiving full time education ".

(3) After subsection (3) of the said section 2 there shall be inserted the following subsection:—

(3A) A child is not a foster child within the meaning of this Part of this Act at any time while his care and maintenance are undertaken by a person, other than a relative or guardian of his, if at that time—

(a) that person does not intend to, and does not in fact, undertake his care and maintenance for a continuous period of more than six days ; or

(b) that person is not a regular foster parent and does not intend to, and does not in fact, undertake his care and maintenance for a continuous period of more than twenty-seven days;

and for the purposes of this subsection a person is a regular foster parent if, during the period of twelve months immediately preceding the date on which he begins to undertake the care and maintenance of the child in question, he had, otherwise than as a relative or guardian, the care and maintenance of one or more children either for a period of, or periods amounting in the aggregate to, not less than three months or for at least three continuous periods each of which was of more than six days.

(4) Section 37 of the [1958 c. 5 (7 & 8 Eliz. 2.).] Adoption Act 1958 (which defines " protected child " for the purposes of Part IV of that Act) shall have effect subject to the following modifications:—

(a) in paragraph (a) of subsection (1) (which refers to arrangements for placing a child in the care of a person who is not a parent, guardian or relative of his) after the words " relative of his " there shall be inserted the words " but who proposes to adopt him ";

(b) in subsection (1) (which among other matters excludes a foster child from the definition of " a protected child ") the words " but is not a foster child within the meaning of Part I of the Children Act 1958 " shall be omitted; and

(c) in subsection (2) (which excludes certain children from the definition of protected child, including children only temporarily in the care and possession of a person under such arrangements as are referred to in subsection (1)(a) of that section) the words from " by reason " to " that subsection, nor " shall be omitted.

(5) In consequence of the modifications of the definition of "protected child" specified in subsection (4) of this section, after subsection (4) of section 2 of the [1958 c. 65.] Children Act 1958 there shall be inserted the following subsection:—

“(4A) A child is not a foster child for the purposes of this Part of this Act while he is placed in the care and possession of a person who proposes to adopt him under arrangements made by such a local authority or registered adoption society as is referred to in Part II of the [1958 c. 5 (7 & 8 Eliz. 2.).] Adoption Act 1958 or while he is a protected child within the meaning of Part IV of that Act.”