Foster Children Act 1980

2 Exceptions to section 1

(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 education 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 [1980 c. 5.] Child Care Act 1980 ;

(c) in any school within the meaning of the [1944 c. 361.] Education 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 [1975 c. 37.] Nursing Homes 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 [1969 c. 54.] Children and Young Persons Act 1969 or a supervision requirement within the meaning of the [1968 c. 49.] Social 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 [1959 c. 72.] Mental Health Act 1959, or is resident in a residential home for mentally disordered persons within the meaning of the Residential 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 [1976 c. 36.] Adoption Act 1976 or section 1 of the [1978 c. 28.] Adoption (Scotland) Act 1978 ; or

(b) while he is a protected child within the meaning of Part III of the Adoption Act 1976.