S.I. No. 101/1954:

BOARDING OUT OF CHILDREN REGULATIONS, 1954.

BOARDING OUT OF CHILDREN REGULATIONS, 1954.

TABLE OF CONTENTS.

Article

1. Citation.

2. Definitions.

3. Commencement.

4. Boarding out, etc.

5. Age of boarded out child.

6. Suitability for boarding out.

7. Contract.

8. Prohibition.

9. Notification of boarding out of child to minister of religion.

10. Limitation on number.

11. Clothes.

12. Register of Boarded Out Children.

13. Minimum age for trade, etc.

14. Periodical inspection.

15. Funds.

16. Inspection on behalf of the Minister.

17. Birth Certificate, etc.

Schedule.--Form of Contract for child boarded out.

S.I. No. 101 of 1954.

BOARDING OUT OF CHILDREN REGULATIONS, 1954.

The Minister for Health, in exercise of the powers conferred on him by Section 55 of the Health Act, 1953 (No. 26 of 1953), and of all other powers in this behalf enabling him, hereby makes the following Regulations :--

1. These Regulations may be cited as the Boarding Out of Children Regulations, 1954.

2. In these Regulations--

" the Minister " means the Minister for Health ;

" the Act " means the Health Act, 1953 .

3. These Regulations shall come into operation on the 1st day of August, 1954.

4. A health authority shall not send a child to a school approved by the Minister under section 55 of the act unless such child cannot be suitably and adequately assisted by being boarded out.

5. A child may be boarded out by a health authority until he reaches the age of sixteen years or, with the consent of the Minister, for such further period as may be necessary for the completion of the child's education.

6. A health authority shall not board out any child unless they have satisfied themselves as to the suitability of the child for boarding out including the child's suitability on health and other grounds.

7. A health authority in boarding out a child shall comply with the following requirements :--

(1) The person (hereinafter referred to as " the foster parent "), with whom the child is to be boarded out, shall, before receiving the child, be required to enter into a contract with the health authority in the form set forth in the Schedule to these Regulations binding such foster parent to observe all the conditions therein contained so long as the child shall continue to be boarded out with such foster parent.

(2) Before the execution of the contract the health authority shall--

(a) require the foster parent to produce a written recommendation signed by not less than two reputable persons to whom the foster parent and his circumstances are well known, each of whom is willing to answer for his character and good conduct ;

(b) be satisfied after consideration of a report by an authorised officer of the health authority, made after a personal visit to the foster parent, that the foster parent is competent and suitable ;

(c) be satisfied, after consideration of a report and personal inspection by an authorised officer of the health authority, that the dwelling house of the foster parent is in a healthy situation, and is otherwise suitable, and, in particular,

(i) that it contains sufficient bedroom accommodation to permit the sexes to be suitably segregated,

(ii) that a supply of pure and wholesome drinking water is at all times readily accessible to the persons living in the house,

(iii) that there is a suitable national or other public school at a convenient distance from the house, and

(iv) that the house is one which otherwise complies with these Regulations, and

(d) arrange, if necessary, for the child to be escorted by a suitable person to the home of the foster parent.

8.--(1) A health authority shall not board out any child or leave any child boarded out--

(a) with a person who does not profess the religion to which the child belongs;

(b) in a house in which there is not normally resident a woman who is of full age and is competent to undertake the care of the child, save with the consent of the Minister, or, where such boarding out has been effected, in accordance with sub-article (2) of this Article ;

(c) in a house in which a person of bad character resides ;

(d) in a house in which there is resident a person suffering from any disease, infirmity, or defect which, in the opinion of the health authority, might be prejudicial to the health or welfare of the child ;

(e) unless the Minister otherwise approves, with any person with whom children are boarded out by any person or body other than a health authority.

(2) Where a child has been boarded out in accordance with the provisions of this Article and there ceases to be resident in the house a woman of full age competent to take care of the child, the health authority may, if they think fit, leave the child boarded out in that house and, where they do so, they shall, as soon as may be, report the circumstances to the Minister in writing.

9.--(1) A health authority shall, as soon as may be after boarding out a child, send to the nearest appropriate minister of the religious denomination to which the child belongs notice in writing of the fact that the child has been boarded out and the name and address of the foster parent.

(2) In this Article, " nearest appropriate minister " means the appropriate minister of the area in which the foster parent of the child normally resides.

10. The number of children who may be boarded out by one or more health authorities with any foster parent shall not, save with the consent of the Minister, exceed two, unless all the children so boarded out are of the same family.

11. Any clothing provided for a child boarded out by a health authority shall not be such as to indicate connection with any institution, or to denote that the child is boarded out by the health authority.

12.--(1) A health authority shall enter in a Register to be known as the Register of Boarded Out Children the name of the child, the date and place of birth or, in the case of a foundling, the date of baptism, together with the other particulars required by any enactment for the time being in force and the name and address of any person with whom such child has been boarded out, placed in employment, or placed in a trade, calling or business and such Register shall be available for inspection by an authorised officer of the Minister.

(2) The Register of Boarded Out Children shall be available at all reasonable times for inspection by a person nominated--

(a) by a Bishop in whose diocese children included in the Register are boarded out,

(b) by such other religious authority as the health authority may consider appropriate.

13. The minimum age at which any child may be placed by a health authority in employment or in a trade, calling or business shall be fifteen years or, in any particular case in which the Minister approves, fourteen years.

14.--(1) For the purpose of securing the welfare of children in their charge a health authority--

(a) in the case of a child boarded out shall arrange for the inspection of that child and of the house in which he lives (including articles therein) by an authorised officer of the health authority at least once a month or at such longer intervals as the health authority, with the consent of the Minister, shall determine ;

(b) shall obtain at intervals of not less than one month evidence of the child's attendance at school or an explanation of his absence ;

(c) shall, where an arrangement has been made for the employment of a child or where a child has been placed in a trade, calling or business, arrange for the inspection of the child at his place of employment by an authorised officer of the health authority at suitable intervals while the health authority support or contribute to the support of the child and the employer shall furnish such particulars in relation to the child as may reasonably be requested by the authorised officer ;

(d) shall obtain from the officer by whom a child is visited in accordance with this Article a report in writing of the result of any such visit.

(2) An authorised officer carrying out an inspection under sub-paragraph (a) of paragraph (1) of this Article may require the foster parent to furnish such information arising out of such inspection as such officer deems necessary, and the foster parent shall comply with such requirement and shall facilitate such officer in inspecting the child and the house (including articles therein) in which he lives.

15. A health authority shall provide the funds necessary for the maintenance, clothing and education of any child boarded out by them and for such other assistance of such child as they may consider reasonable.

16.--(1) Where a child has been boarded out by a health authority, an authorised officer of the Minister may, at any time, visit and inspect such child and the house (including articles therein) in which the child lives and may require the foster parent to furnish him with such information arising out of such visit or inspection as such officer deems necessary, and the foster parent shall comply with such requirement and shall facilitate such officer in inspecting all parts of the house (including articles therein) in which the child lives.

(2) Where an arrangement has been made for the employment of a child or where a child has been placed in a trade, calling or business, an authorised officer of the Minister may inspect such child at his place of employment at any time while the health authority support or contribute to the support of the child and the employer shall furnish such particulars in relation to the child as may reasonably be requested by the authorised officer.

17. A health authority by whom a child has been boarded out shall make arrangements for supplying to the foster parent the birth certificate or the baptismal certificate of the child at such times as such certificates may reasonably be required.

SCHEDULE.

FORM OF CONTRACT FOR CHILD BOARDED OUT.

THIS INDENTURE made this  day of  , 19  , BETWEEN the  (hereinafter called the health authority) of the first part, and  of the second part, WITNESSETH that the said  (hereinafter called the foster parent), hereby accepts the charge of  born  (and hereinafter called the child) ; and in consideration of the sum of  per month in respect of maintenance together with the sum  of per  in respect of clothing to be paid to the foster parent by the health authority as hereinafter mentioned, hereby covenants and agrees to bring up the child, to endeavour to train him (her) in habits of truthfulness, honesty, obedience, personal cleanliness, hygiene and industry and in the carrying out of the duties of the religious denomination to which the child belongs. And the foster parent hereby binds himself (herself) to observe and keep in respect of the child the following conditions :

(1) The child shall be properly and sufficiently nourished and shall be suitably housed in the same dwelling house as the foster parent and kept clean in person.

(2) The child shall be adequately clothed and the foster parent shall expend a sum of not less than  per  on the provision and repair of clothing for the child.

(3) If the child shall at any time be suffering from illness or injury, medical aid shall be obtained for the child and if a registered medical practitioner shall advise removal to hospital, the foster parent shall cause the child to be so removed.

(4) The child shall be produced at all reasonable times to any authorised officer of the Minister for Health or of the health authority when so required by any such officer ; the foster parent shall furnish forthwith all such relevant information as may be required by any such officer and shall facilitate any such officer in inspecting all parts of the house (including articles therein) in which the child lives.

(5) The child shall be restored to the custody of the health authority at any time where the health authority, with the consent of the Minister for Health, decide to remove the child from the custody of the foster parent or where the Minister for Health requires the health authority so to remove the child.

(6) The foster parent shall cause the child to attend regularly a school in which such child will be instructed in the religion to which the child belongs, or such other school as the health authority with the agreement of the nearest appropriate minister of that denomination, may approve.

(7) The foster parent shall cause the child when of sufficient age regularly to attend religious services at the place of worship of the religious denomination to which the child belongs.

(8) The foster parent shall not insure, or attempt to insure, directly or indirectly, the life of the child, and shall not have, or attempt to obtain, any interest in any insurance policy on the life of the child.

And the health authority hereby covenant and agree with the foster parent that so long as the child shall continue to be boarded out in his (or her) charge the health authority will pay or cause to be paid to the foster parent the sum of  on the  day of each calendar month in respect of the child's maintenance, and a proportionate part of such monthly payment where the child is in the charge of the foster parent for portion of a calendar month, and a sum of  per  in respect of clothing for the child.

Present when the Seal of

was affixed

hereto.

Signed, sealed and delivered

by

in the presence of

GIVEN under the Official Seal of the Minister for Health this Fifteenth day of May, One Thousand, Nine hundred and Fifty-four.

SÉAMAS Ó RIAIN,

Minister for Health.