The Fostering of Children (Scotland) Regulations 1996

Regulation 7(1)(a)

SCHEDULE 1 INFORMATION AS TO PROSPECTIVE FOSTER CARER AND OTHER MEMBERS OF HIS HOUSEHOLD AND FAMILY

1.  His date of birth, health (supported by a medical report), personality and marital status (including any previous marriage).

2.  Particulars of the other adult members of the household and their relationship to the prospective foster carer.

3.  Particulars of the children in his family, whether or not members of his household, and any other children in his household.

4.  Address and particulars of his accommodation.

5.  His religious persuasion, the degree of his religious observance and his capacity to care for a child from any particular religious persuasion.

6.  His racial origin, cultural and linguistic background and his capacity to care for a child of any particular origin or cultural and linguistic background.

7.  His past and present employment or occupation, and his standard of living.

8.  Leisure activities and interests.

9.  His present capacity to care for his own and other children and previous experience of caring for his own and other children and his ability in this respect.

10.  Any previous criminal convictions and those of other members of his household (subject to the Rehabilitation of Offenders Act 1974(1)).

11.  The outcome of any request or application made by him or any other member of his household to foster or adopt children or for registration under section 71 of the Children Act 1989(2) or any previous amendment of that section.

12.  Particulars of any previous approval under regulation 7, or refusal of approval or termination of such approval, relating to him or any other member of his household.

13.  An analysis of the applicant’s motivation in wanting to be a foster carer.

14.  References from third parties as to the applicant’s character and suitability to be a foster carer.

Regulation 8

SCHEDULE 2 MATTERS AND OBLIGATIONS IN FOSTER CARER AGREEMENTS

1.  The support and training to be given to the foster carer.

2.  The procedure for the review of approval of a foster carer.

3.  The procedure for handling of complaints against foster carers.

4.  The procedure in connection with the placement of children, and in particular–

(a) the matters to be covered in foster placement agreements and the respective obligations, under any such agreements, of the local authority and the foster carer;

(b) the financial arrangements which are to exist between the local authority and the foster carer, including any special financial arrangements in relation to particular categories of children who may be placed with the foster carer;

(c) the local authority’s arrangements for meeting any legal liabilities of the foster carer arising by reason of a placement; and

(d) the procedure available to foster carers who wish to make representations to the local authority which placed the child.

5.  The foster carer’s obligation to give written notice to the local authority forthwith, with full particulars, of–

(a) any intended change of his address;

(b) any change in the composition of his household, any other change in his personal circumstances and any other event affecting either his capacity to care for any child placed or the suitability of his household and any criminal convictions arising between approval and subsequent reviews; and

(c) any further request or application of a kind mentioned in paragraph 11 of Schedule 1.

6.  The foster carer’s obligation not to administer corporal punishment to any child placed with him.

7.  The foster carer’s obligation to ensure that any information relating to a child placed with him, to the child’s family or to any other person, which has been given to him in confidence in connection with a placement is kept confidential and is not disclosed to any person without the consent of the local authority.

8.  The foster carer’s obligation to comply with the terms of any foster placement agreement, to care for the child placed with the foster carer as if he was a member of that person’s family and in a safe and appropriate manner and to promote his welfare having regard to the local authority’s immediate and longer-term arrangements for the child.

9.  The foster carer’s obligation to notify the local authority immediately of any serious illness of the child or of any other serious occurrence affecting the child.

10.  The foster carer’s obligation where the placement is terminated, to allow the child to be removed from the foster carer’s home by the local authority.

Regulation 12

SCHEDULE 3 MATTERS AND OBLIGATIONS TO BE COVERED IN FOSTER PLACEMENT AGREEMENTS

1.  The provision by the local authority of a statement containing all information which the local authority consider necessary to enable the foster carer to care for the child and, in particular, information as to–

(a) the local authority’s care plan for the child and the objectives of the placement;

(b) the details of any supervision requirement or court order in relation to the child;

(c) the child’s personal history, religious persuasion, cultural and linguistic background and racial origin;

(d) the child’s state of health and need for health care and surveillance and the name of the child’s doctor during the foster placement; and

(e) the child’s educational needs

including a requirement for the statement to be provided either at the time of the signing of the agreement or, where this is not practicable, within the following 14 days.

2.  The local authority’s arrangements for the financial support of the child during placement.

3.  Any arrangements for delegation of parental responsibility for consent to the medical or dental examination or treatment of the child, or consent to the child’s engaging in any activity either actively or otherwise.

4.  The circumstances in which it is necessary to obtain in advance the approval of the local authority for the child to live, even temporarily, away from the foster carer’s home or for someone else temporarily to take care of the child.

5.  The arrangements for visits to the child, in connection with the supervision of the placement, by the person authorised by or on behalf of the local authority and the frequency of visits and reviews.

6.  The arrangements for the child to have contact with his parents and other persons, including any arrangements in pursuance of section 17(1)(c) of the Act (parental contact with children being looked after by a local authority) or any contact (within the meaning of section 11(1) and (2)(d) of the Act with any other person), or any contact required by a children’s hearing in terms of section 70(5)(b) of the Act.

7.  Compliance by the foster carer with the terms of the agreement set out in Schedule 2.

8.  Co-operation by the foster carer with any arrangements made by the local authority.

(1)

1974 c. 53.

(2)

1989 c. 41.