Child Care (Amendment) Act 2007
The Child Care (Amendment) Act 2007 was signed into law by the President on 8th May 2007. Section 43 of the Act gives enhanced rights to foster/relative parents who have cared for a foster child for a continuous period of not less than 5 years.
It gives the foster/relative parent the right to consent to medical or psychiatric examination, treatment or assessment with respect to the child and permission to sign passport applications and school trip consent forms.
Application may be made through the Courts with the knowledge and consent of the HSE.
The main criteria for application are:
The child must be in continuous care of the foster/relative parent for a period of not less than 5 years.
The granting of the order must be in the best interest of the child.
The HSE must support the application.
The person in loco parentis must be informed of the application.
The child's wishes must be taken into consideration having regard to the age and understanding of the child.
The granting of enhanced rights to the foster/relative parent does not affect the following situations:
When a young person reaches the age of 16yrs., they can consent to their own medical/dental treatment.
Access will continue as before application for the order unless the Court orders otherwise.
Care Plans continue as before, again unless the Court orders otherwise.
The Order ceases to have effect when:
The child in voluntary care returns to their natural family.
The Care Order on the child is revoked.
The child is adopted.
The child is removed from the care of the foster/relative parents by the HSE.
The child's parents seek removal of the child from the foster/relative parents.
The child's 18th birthday.