The Foster Placement (Children) Regulations (Northern Ireland) 1996

Part I General

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Foster Placement (Children) Regulations (Northern Ireland) 1996 and shall come into operation on 4th November 1996.

(2) In these Regulations—

“the Order” means the Children (Northern Ireland) Order 1995;

“approving authority”, in relation to a foster parent, means the authority or voluntary organisation responsible under regulation 3 for approving (or not approving) the foster parent;

“area authority”, in relation to a child (and foster parent), means the authority in whose area the child is placed where that authority is not also the responsible authority;

“foster parent” means the person with whom a child is, or is proposed to be, placed under these Regulations;

“foster placement agreement” means an agreement referred to in regulation 5(6);

“guardian ad litem” means a guardian ad litem appointed pursuant to Article 60 of the Order or under rules made under Article 66 of the Adoption (Northern Ireland) Order 1987(1);

“responsible authority”, in relation to a child, means the authority or voluntary organisation responsible for the placement of the child under (as the case may be) Article 27(2)(a) or 75(1)(a) of the Order.

(3) Any notice or consent required under these Regulations is to be given in writing and any such notice may be set by ordinary post.

Scope of Regulations

2.—(1) Subject to paragraph (2), these Regulations shall apply to any placement of a child—

(a) by an authority under Article 27(2)(a) of the Order;

(b) by a voluntary organisation under Article 75(1)(a) of the Order (unless it is acting on behalf of an authority).

(2) These Regulations shall not apply to any placement of a child—

(a) to which the Placement of Children with Parents etc. Regulations (Northern Ireland) 1996(2) apply;

(b) if the child is not in the care of an authority(3), with a parent of his or other person having parental responsibility for him; or

(c) for adoption pursuant to the Adoption (Northern Ireland) Order 1987.

(3) Where a care order is in force, the application of these Regulations is subject to any directions given by a court (whether before, on or after these Regulations come into operation).

(4) Nothing in these Regulations shall require the temporary removal of a child from a person with whom he is already living before placement under these Regulations.

(1)

S.I. 1987/2203 (N.I. 22); paragraph 166 of Schedule 9 to the Children (Northern Ireland) Order 1995 substituted a new Article 66 with effect from 19th February 1996

(2)

S.R. 1996 No. 463

(3)

See the definition of “care order” in Article 2(2) of the Children (Northern Ireland) Order 1995 and paragraphs 11, 12 and 30 of Schedule 8 to that Order