Foster children for the purposes of the Act
2 Exceptions to section 1.
1
A child is not a foster child while he is in the care of a local authority or a voluntary organisation or is boarded out by an education authority.
2
A child is not a foster child while he is in the care of any person—
a
in premises in which any parent, adult relative or guardian of his is for the time being residing;
b
in any residential establishment;
c
in any school within the meaning of the M1Education (Scotland) Act 1980;
d
in any hospital or in any nursing home registered or exempted from registration under the M2Nursing Homes Registration (Scotland) Act 1938;
e
in any home or institution not specified in this section but maintained by a public or local authority; or
F1f
if he has been in that person’s care for a period of less than 28 days and that person does not intend to undertake his care for any longer period.
3
4
A child is not a foster child while he is liable to be detained or subject to guardianship under the M5Mental Health (Scotland) Act 1984.
5
A child is not a foster child—
C1a
b
while he is a protected child within the meaning of section 32 of the said Act of 1978.