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Cap. 491 · cap/491 (Cap. 491)

Cap. 491 Art. 23Assessment of prospective foster carers.

PART V

In forceOfficial text

(1) After receiving an application from a prospective foster carer the accredited agency shall be responsible to:

(a) provide training to the prospective foster carer;

(b) assess the suitability or otherwise of the prospective foster carer;

(c) draw up a report to be known as the "Home Study Report" on the situation of the prospective foster carer, including any recommendations and forward it to the Fostering Board, which shall decide whether the prospective foster carer is suitable to be approved as a foster carer.

(2) For the purposes of drawing up the Home Study Report, the social worker authorised by the accredited agency shall carry out the necessary home visits. The visits may be unannounced and the prospective foster carer shall not refuse entry, shall co-operate with the social worker and shall provide correct information to the best of his knowledge. be seen as a permanent right or duty.

(3) The foster care agreement in terms of sub-article (1) shall be in the best interest of the child and shall provide for detailed information related to the rights and duties of the foster carer and it shall specifically include:

(a) the extent to which the foster carer may make decisions with regard to the child in his care;

(b) the frequency of contact of the child with the natural parent or parents;

(c) the child’s care plan;

(d) matters of education, health and maintenance of the child; and

(e) any other matter pertinent to the child in foster care.

(4) The Fostering Board, the accredited agency, the natural mother, the natural father if he has recognised the child, the foster carer and the Children and Young Persons Advisory Board, where applicable, shall be provided with a copy of the foster care agreement, and any amendments thereto shall be agreed to by the parties and shall be communicated in writing to all the parties having a copy of the original agreement.

(5) The foster care agreement, drawn up by the accredited agency, shall be signed by the accredited agency, the foster carer and the person having care and custody of the child. This agreement shall be drawn up after having heard the child to be fostered, according to his age and understanding, and any person caring for the child. Any person having parental authority shall also be heard if such person can be found and is capable of expressing his views.

(6) In the event of disagreement on the amendments to the foster care agreement, every party may refer the matter to the Civil Court (Voluntary Jurisdiction Section), and the court shall decide in the best interest of the child concerned.

(7) The foster care placement may be terminated by the accredited agency if:

(a) the foster carer does not conform with the foster care agreement; or

(b) the Fostering Board decides that the foster carer is no longer suitable to provide foster care; or

(c) the foster care placement is no longer in the best interest of the child.