Miscellaneous

I1I253Fostering

1

Despite section 58, this Act applies to activity that is regulated activity by virtue of paragraph 1(5) of Schedule 4.

2

Subsection (1) does not affect the operation of this Act in relation to any other activity that is carried out in connection with a foster child.

3

Subsection (4) applies if a person (P)—

a

makes arrangements for another person to foster a child as a private foster parent, and

b

has power to terminate the arrangements.

4

P is, if he would not otherwise be, a regulated activity provider in relation to fostering carried out by the foster parent in pursuance of the arrangements.

5

The following provisions of this section apply for the purposes of this Act.

6

A person fosters a child if he is a foster parent of the child.

7

A person is a foster parent if—

F1a

he is a local authority foster parent within the meaning of section 23(3) of the Children Act 1989 (c. 41);

b

he is a person with whom a child has been placed by a voluntary organisation under section 59(1)(a) of that Act;

c

he is a private foster parent.

8

A person is a private foster parent if he falls within subsection (9) and looks after a child—

a

for reward, or

b

in pursuance of an arrangement made by someone other than a member of the child's family.

9

A person falls within this subsection if—

a

he fosters the child privately within the meaning of section 66(1) of the Children Act 1989,

b

he would be so fostering the child but for subsection (2) of that section (minimum period of 28 days), or

c

(in the case of a child who has attained the age of 16) he would fall within paragraph (a) or (b) if the child were under the age of 16.

10

A person's family includes—

a

the person's foster child;

b

the foster child of any member of the person's family;

and references to a family relationship and family member are to be construed accordingly.