Section 2 Exceptions to section 1.

England and Wales

(1)

A child is not a foster child while he is in the care of a local authority or a voluntary organisation or is boarded out by a local authority or a local educational authority.

(2)

A child is not a foster child while he is in the care of any person—

(a)

in premises in which any parent, adult relative or guardian of his is for the time being residing;

(b)

in any voluntary home within the meaning of Part VI of the M1Child Care Act 1980;

(c)

in any school within the meaning of the M2Education Act 1944 in which he is receiving full-time education;

(d)

in any hospital, or in any nursing home registered or exempted from registration under the M3Nursing Home Act 1975; or

(e)

in any home or institution not specified in this subsection or subsection (5) below but maintained by a public or local authority.

(3)

A child is not a foster child at any time while his care and maintenance are undertaken by any person—

(a)

who is not a regular foster parent and at that time does not intend to, and does not in fact, undertake his care and maintenance for a continuous period of more than 27 days; or

(b)

who is a regular foster parent but at that time does not intend to, and does not in fact, undertake his care and maintenance for a continuous period of more than six days.

In this subsection “regular foster parent” means a person who—

(i)

during the period of 12 months immediately preceding the date on which he begins to undertake the care and maintenance of the child in question, and

(ii)

otherwise than as a relative or guardian,

had the care and maintenance of one or more children either for a period of, or periods amounting in the aggregate to, not less than three months or for at least three continuous periods each of which was of more than six days.

(4)

A child is not a foster child while he is in the care of any person in compliance with a supervision order within the meaning of the M4Children and Young Persons Act 1969 or a supervision requirement within the meaning of the M5Social Work (Scotland) Act 1968.

(5)

A child is not a foster child while he is liable to be detained or subject to guardianship under the Mental Health Act 1959, or is resident in a residential home for mentally disordered persons within the meaning of the M6Residential Homes Act 1980.

(6)

A child is not a foster child—

(a)

while he is placed in the care and possession of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of section 1 of the M7Adoption Act 1976 or section 1 of the M8Adoption (Scotland) Act 1978; or

(b)

while he is a protected child within the meaning of Part III of the M9Adoption Act 1976.

Annotations

Marginal citations

M1: 1980 c. 5.
M2: 1944 c. 31.
M3: 1975 c. 37.
M4: 1969 c. 54.
M5: 1968 c. 49.
M6: 1980 c. 7
M7: 1976 c. 36.
M8: 1978 c. 28.
M9: 1976 c. 36.

Notes on the whole Act

Textual amendments

F1: Act repealed by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2) (with saving in Sch. 14, para. 27(4))