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

A child is not a foster child while he is in the care of any person in compliance with a supervision order within the meaning of the M3Children and Young Persons Act 1969 or a supervision requirement within the meaning of the M4Social Work (Scotland) Act 1968 or a probation order.

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

while he is placed in the care and possession of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of section 1 of the M6Adoption Act 1976 or section 1 of the M7Adoption (Scotland) Act 1978; or

b

while he is a protected child within the meaning of section 32 of the said Act of 1978.