Cap. 602 Art. 36AFunctions of the Director Alternative Care (Children and Youths). 

(1) Without prejudice to any other function or responsibility given to the Director Alternative Care (Children and

Youths) in accordance with this Act or any other law, this Director shall:

(a) match foster carers with minors who are to be placed under foster care in accordance with article 50;

(b) make any reasonable attempt to place siblings with the same foster carer if this is in the best interest of the siblings;

(c) make any reasonable attempt to place a parent who is a minor and her offspring with the same foster carer;

(d) ascertain that every placement under foster care is in the best interest of the minor;

(e) follow up on all placements under foster care which have been occasioned through it and provide support to the foster carers throughout such placement under foster care;

(f) consider and propose changes, if needed, to any foster care agreement;

(g) investigate complaints against a foster carer in accordance with the manual or procedures mentioned in article 36B and write a report to be referred to the Fostering Board for any required action;

(h) investigate any abuse allegations related to foster care placements in accordance with the manual or procedures referred to in article 36B and submit a report to the competent authority as may be required;

(i) regulate the frequency and modality of contact between the minor in alternative care and the parent or parents, depending on the circumstances of the case, siblings, and, or any other such person close to him in accordance with article 63(3);

(j) suspend contact between the minor and any person mentioned hereinabove in view of grave circumstances, which suspension may not be for a period longer than a month:

Provided that should the Director deem it necessary and, or in the best interest of the minor to have a longer suspension from contact, the Director shall inform the Review Board of the circumstances that led to the decision to suspend contact and the Board shall decide accordingly, by not later than ten (10) working days;

(k) carry out periodical assessment of the family members of the minor in order to evaluate progress according to the care plan of the minor:

Provided that as part of this assessment, the Director may be provided with information, as may be reasonably required for this purpose, by professionals and such communication shall be protected by professional secrecy:

Provided further that as part of this assessment, the Director may request the competent authority to furnish it with information, as may be reasonably required for this purpose, relating to criminal proceedings pending against the individuals being assessed;

(l) prepare, agree to, sign, and monitor a social contract in accordance with the provisions of this Act;

(m) grant or refuse permission for a minor to travel with his alternative carers and the issuing of an official document as proof of such permission, when so granted:

Provided that the Director shall communicate immediately with the competent authority about the minor’s consented trip in view of article 18(10);

(n) regulate voluntary placements of minors in alternative care in accordance with article 68 of this Act;

(o) affect a change in placement of the minor in alternative care according to the best interest of the same minor:

Provided that the Director shall without delay inform the parent or parents depending on the circumstances of the case as well as the Review Board of such change in placement;

(p) make recommendations to the competent entity in accordance with the provisions of this Act in relation to the reintegration or permanency, the freeing up of the minor for adoption and, or revocation of the protection order, which recommendations shall always be made in the best interests of the minor;

(q) delegate ordinary medical and educational decisions of a minor to the alternative carer or carers and the withdrawal of such delegation, once vested with the care and custody of the minor in alternative care by the Court;

(r) make extraordinary and urgent medical decisions after seeking the advice of medical professionals following the minor;

(s) make decisions relating to the psychological needs of the minor in alternative care including decisions relating to the minor receiving therapy;

(t) undertake the necessary process for a minor in alternative care to be transferred from one school to another upon placement in alternative care and, or a change in placement in accordance with the best interests of the same minor:

Provided that the Director shall without delay inform the parent or parents depending on the circumstances of the case as well as the Review Board of such change of school;

(u) prepare an after care plan when deemed necessary for a minor under a protection order;

(v) perform any other function or duty as the Minister may, by regulations under this Act, assign to it from time to time.

(2) The Director Alternative Care (Children and Youths) shall also have the following functions:

(a) the provision of services in accordance with standards, criteria, procedures and guidelines established by the Central Authority and in accordance with those standards of service therein established;

(b) the receipt and processing of applications by persons applying to be registered as foster carers;

(c) the provision of initial and on-going training to prospective foster carers and foster carers registered with it, as well as providing them with adequate and continuous support when the Director Alternative Care (Children and Youths) places a minor under foster care with the foster carers;

(d) providing the Central Authority with access to any document relating to the foster care procedures of any minor, including reports on any foster carer or prospective foster carer;

(e) providing the Central Authority with access to its accounts and audited accounts;

(f) the submission of a report to the Central Authority on the exercise of its functions at the end of each calendar year;

(g) conforming with any other function as may be specified by the Central Authority.

(3) Without prejudice to any other function or responsibility given to them in accordance with this Act or any other law, every agency accredited in accordance with this Act shall also have the functions listed in sub-article (2).