Cap. 602 · Minor Protection (Alternative Care) Act (Cap. 602)
Cap. 602 Art. 51Foster care agreement.
Sub-title I
(1) Foster care shall take place following a written agreement between the Director Alternative Care (Children and Youths)
and the foster carer, which may be modified by written agreement between the Director Alternative Care (Children and Youths) and the foster carer.
(2) The care order, the care plan and the voluntary placement order in accordance with article 68, as well as any revision to them, shall be annexed to the agreement and shall be read and interpreted as part of the same agreement.
(3) The agreement shall be signed by the social worker and the foster carers, and a copy thereof together with the relevant parts of this Act which provide for the rights and responsibilities of foster carers and the rights of minors under foster care, shall be given to the foster carers.
(4) A copy of the agreement mentioned in this article may be given to the parents of the minor only if the Director Alternative Care (Children and Youths) decides that it would be in the best interests of the minor.
(5) The foster care agreement shall be deemed to include the right of the foster carer to travel with the minor after having notified the Director Alternative Care (Children and Youths), and the Director Alternative Care (Children and Youths)shall have three (3) working days to object to said travelling and the Review Board may give a direction according to sub-article (6):
Provided the notification by the foster carer shall be made within a reasonable time and the foster carer shall not have the right to any compensation or damages if he made any arrangements for that traveling before the lapse of the said three working days without any objection by the Director Alternative Care (Children and Youths), or before the Review Board has given its direction according to sub-article (6).
(6) In case of any disagreement as to the foster care agreement, any party may request a direction from the Review Board which direction is to be given by not later than ten working days.
(7) The contents of the agreement between the foster carer and the Director Alternative Care (Children and Youths) shall not be deemed as a permanent one unless it contains a clause which provides clearly to the contrary.
(8) The agreement may be terminated by the Director Alternative Care (Children and Youths) or the foster carer, as applicable, for any one of the following reasons:
(a) the foster carer does not comply with the foster care agreement;
(b) the Fostering Board decided that a foster carer is no longer capable of providing foster care;
(c) the placement of a minor under foster care is no longer in the best interests of the minor;
(d) the circumstances make it difficult for the foster carer to continue taking care of the minor under his care:
Provided that the agreement may only be terminated after the key social worker is informed of such an intent and an alternative care plan is drawn up and approved by the Review Board.
Änderungsgeschichte
- Amended by XI.2023.30