Foster Care

The Child Welfare and Protection Policy Unit is responsible for the formulation and monitoring of policies in relation to foster care.

Foster care is the main form of alternative care provided by the HSE for children in need of care and protection who cannot remain in their own homes.  There are over 5,000 children in the care of the state, approximately 90% of whom are in foster care placements (At the end of 2007 there were 5,322 children in care, of which 4,758 are in foster care placements - HSE Performance Monitoring Report, Quarter 4, Oct – Dec 2007).

Policy
The Report of the Working Group on Foster Care ‘Foster Care: A Child-centred Partnership' was published in 2001.  The Report makes a wide range of recommendations on

• Meeting the needs of children in foster care;
• Meeting the needs of children with additional needs in foster care;
• Helping foster carers meet the children’s needs;
• Placement of children with relative foster carers;
• Providing safe care for children in foster care; and
• The future organisation and management of the foster care service.

In line with a key recommendation of the above report, the National Standards for Foster Care and an accompanying children’s version were launched in April 2003.  The Standards have a major role to play in ensuring that the foster care placements are adequately supported and that children in foster care are receiving the best possible care.  Every foster carer and child in foster care should be provided with a copy of the Standards from the HSE.

The Standards focus on the following crucial areas:

• The quality and consistency of services for children and young people in foster care
• Standards and practices related to foster carers
• Guidance to HSE on how they can effectively meet their statutory obligations

Inspections
The HIQA Social Services Inspectorate (HIQA SSI) undertakes inspections of Foster Care services and publishes its reports.  Copies of these reports are available on the HIQA website (http://www.hiqa.ie/functions_ssi_inspect_rep.asp)

AllowanceThe foster care allowance is currently €319 per week per child under 12 and €346 per week per child of twelve and over.

The foster care allowance is exempt from taxation under the Finance Bill 2005.The foster care allowance is currently not reckonable as income in relation to eligibility for the medical card, disability allowance, disability benefit, unemployment assistance and unemployment assistance.

Child Care (Amendment) Act 2007
The Child Care (Amendment) Act 2007 was commenced on the 23rd July 2007.  Section 4 of the Act inserts new sections 43A and 43B into the Act of 1991 to provide that a foster parent or a relative who has had a child in their care for a continuous period of five years, the child having being placed with them by the Health Service Executive, may apply for a court order for increased autonomy in relation to the care of the child.

The order gives such foster carers increased autonomy in relation to issues including consenting to medical treatment and the issue of passports and other day to day care issues, e.g., giving permission for children or young people to go on a school tour or attend a concert.  The Executive will continue to have a statutory role in the care of children in respect of whom the new court orders are granted, as set out in the Child Care Act, 1991 and the Child Care Regulations, 1995. 

The HSE must give consent before the court grants an order.  The child’s parent(s) or a person acting in loco parentis must be notified and/or must give consent as appropriate.

An order granted under Section 4 of this Act, may be varied or discharged on application to the court.  An order granted under Section 4 of the Act, ceases to have effect, if the child is no longer in the care of the Health Service Executive, if the child is removed from the care of the foster parents, on the request of the foster parent, and on the child’s 18th birthday.

The HSE has been asked to make arrangements for all qualifying foster carers and relative foster carers to be made aware of the provisions of Section 4 of the Child Care (Amendment) Act, 2007. The HSE has also been asked to put in place arrangements for any other necessary measures to ensure compliance with the new provisions.