S.I. No. 67/1983:

BOARDING OUT OF CHILDREN REGULATIONS, 1983.

BOARDING OUT OF CHILDREN REGULATIONS, 1983.

The Minister for Health, in exercise of the powers conferred on him by section 55 of the Health Act, 1953 (No. 26 of 1953), hereby makes the following Regulations:--

1. These Regulations may be cited as the Boarding Out of Children Regulations, 1983.

2. These Regulations shall come into operation on the first day of April, 1983.

3. The Boarding Out of Children Regulations, 1954 ( S.I. No. 101 of 1954 ) are hereby revoked.

4. In these Regulations--

"the Minister" means the Minister for Health;

"the Act" means the Health Act, 1953 ;

"foster parent" means a person with whom a child is or is proposed to be boarded out.

5. A health board 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.

6. A child may be boarded out by a health board 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.

7. (1) A health board shall not board out a child unless --

( a ) the child has been examined by a registered medical practitioner and the practitioner has made a written report on the state of health of the child;

( b ) the foster parent with whom the child is proposed to be boarded out has furnished to the health board --

(i) the names and addresses of two persons (not being relatives of the foster parent) who know the foster parent and his circumstances and whom the health board may consult as to his suitability as a foster parent, and

(ii) a written report by a registered medical practitioner on the state of health of the foster parent;

( c ) the foster parent and the home where the child will live has been visited by an authorised officer of the health board and the authorised officer has furnished for the consideration of the health board a written report on --

(i) the suitability in age, character and temperament of the foster parent,

(ii) the number, sex and approximate ages of the persons in the household of the foster parent, and

(iii) the suitability, or otherwise, of the sleeping and living accommodation and other domestic conditions in the home of the foster parent; and

( d ) the available history of the child and the relevant reports indicate that boarding out in that home would be conducive to the welfare of the child.

(2) Before boarding out a child, a health board shall require the foster parent to enter into a contract with the health board in the form set out in the Schedule to these Regulations, or in a form substantially to the like effect, 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.

8. (1) Subject to sub-article (2) of this article, a health board shall not board out a child or leave a child boarded out with a person who is not of the same religion as the child unless each of the child's parents or (where the child is illegitimate) the mother, or each of the child's guardians, knows the religion of that person and gives consent.

(2) Notwithstanding sub-article (1), a health board may board out a child who is--

( a ) a legitimate child whose father and mother are dead or who is deserted by his father or mother or (where one of them is dead) by the survivor, or

( b ) an illegitimate child whose mother is dead or who is deserted by his mother,

with a person who is not of the same religion as the child where that person gives an undertaking in writing that the child will be brought up in the religion to which the child belongs.

9. A health board shall not board out a child or leave a child boarded out in a home in which there are circumstances which, in the opinion of the health board, might be detrimental to the health or welfare of the child.

10. A health board shall, as soon as may be after boarding out a child, send to an appropriate minister of the religion in which the child is being brought up, convenient to the home of the foster parent, notice in writing of the fact that the child has been boarded out and the name and address of the foster parent.

11. (1) A health board shall enter in a Register to be known as the Register of Boarded Out Children--

( a ) the name and sex of the child and particulars relating to the religion of the child;

( b ) particulars relating to the birth of the child;

( c ) the name, address and religion of the person with whom the child is boarded out;

( d ) the date on which the boarding out commenced;

( e ) the religion in which the child is being brought up;

( f ) the name and address of any person with whom the child has been 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 by such religious authorities as the health board may consider appropriate.

12. A health board shall compile a case record of every child boarded out by it and the record shall be kept up to date, and shall be available for inspection by an authorised officer of the Minister.

13. (1) For the purpose of securing the welfare of children in its charge a health board--

( a ) in the case of a child boarded out, shall arrange for the inspection of the child and of the home in which he lives by an authorised officer of the health board--

(i) within one month after the child is placed in the home, and

(ii) thereafter at such intervals not exceeding six months as the health board shall determine;

( b ) 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 visiting of the child at his place of employment by an authorised officer of the health board at suitable intervals while the health board supports or contributes 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;

( c ) shall obtain from the officer by whom a child is visited in accordance with this article a report in writing of any matter relating to the child's employment or placement which, in the opinion of that officer, is not in compliance with these Regulations, together with particulars of the result of such visit.

(2) An authorised officer carrying out an inspection under 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 carrying out the inspection.

(3) An authorised officer who visits a child under this article shall enter the date of any such visit in the case record relating to the child.

14. (1) A health board shall carry out a review of the health and well-being of every child who is boarded out by it--

( a ) within two months from the date on which the child was placed with any foster parent, and

( b ) thereafter, so long as the child remains boarded out with that foster parent, as often as may be necessary in the particular case, but at least once in every six months.

(2) A review under this article shall include--

( a ) a visit by an authorised officer of the health board to the home in which the child lives;

( b ) consideration by the health board of a report from the school which the child attends of his progress at school; and

( c ) consideration by the health board of any appropriate alternative to the boarding out of the child to ensure that the care being provided for him is suitable to his needs and that proper measures are being taken to promote his welfare.

(3) A note of every review carried out by a health board in accordance with this article shall be entered in the case record relating to the child, with particulars of any action recommended as a result.

15. (1) A health board shall provide the funds necessary for the maintenance, clothing and education of children boarded out by it and for such other assistance of such children as it may consider reasonable.

(2) In providing funds under sub-article (1), a health board shall comply with any general directions given by the Minister.

16. (1) Where a child has been boarded out by a health board, an authorised officer of the Minister may, at any time, visit and inspect such child and the home 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 the officer requires, and the foster parent shall comply with such requirement and shall facilitate such officer in carrying out the inspection.

(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 visit such child at his place of employment at any time while the health board supports or contributes to the support of the child and the employer shall furnish such particulars in relation to the child as may be required by the authorised officer.

17. A health board by which 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 AGREEMENT made this ............................................................ ...............................................

day of ............................................................ ............................................................ ..... 19...........................,

BETWEEN the............................................................ ............................................................ .........................

(hereinafter called the health board) 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 or such larger sum as may from time to time be determined by the health board in respect of maintenance, clothing and education of the child to be paid to the foster parent by the health board as hereinafter mentioned, hereby convenants and agrees to bring up the child as he (she) would a child of his (or her) own, to promote the proper development of the child, and 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 accommodated in the same home as the foster parent.

(2) The child shall be brought up in the ............................................................ .................... religion and the foster parent shall cause the child when of sufficient age regularly to attend religious services at a place of worship of that religion.

(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 admission to hospital, the foster parent shall cause the child to be so admitted.

(4) The foster parent shall inform the health board immediately of any serious occurrence affecting the child.

(5) The child shall be produced at all reasonable times to any authorised officer of the Minister for Health or of the health board 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 the home in which the child lives.

(6) The child shall be returned to the health board at any time where the health board, with the consent of the Minister for Health, decides to remove the child from the foster parent or where the Minister for Health requires the health board so to remove the child.

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

(8) If the foster parent intends to change his (or her) place of residence, the foster parent shall, at least fourteen days before doing so, notify the health board of his (or her) proposed new address.

(9) 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 board hereby convenants and agrees with the foster parent that so long as the child shall continue to be boarded out in his (or her) charge the health board will pay or cause to be paid to the foster parent the sum of ................ or such larger sum as may from time to time be determined by the health board, on the ....................... day of each calendar month in respect of maintenance, clothing and education of the child, 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.

Signed by

in the presence

Present when the Seal of

was affixed

hereto.

GIVEN under the Official Seal of the Minister for Health this 7th

day of March, 1983.

BARRY DESMOND,

Minister for Health.

EXPLANATORY NOTE.

These Regulations, which come into operation on 1st April, 1983, apply to the boarding out of children with foster parents by health boards.

The Regulations lay down the procedures to be followed by health boards in boarding out children and prescribe the contract to be entered into by foster parents. They contain requirements as to the measures (including visits and reviews) to be taken by health boards to secure the welfare of such children. They also specify the records to be kept by health boards.

The Boarding Out of Children Regulations, 1954 ( S.I. No. 101 of 1954 ) are being revoked on 1st April, 1983.