Disqualification for fostering

7 Persons disqualified from keeping foster children.

1

A person shall not maintain a foster child if—

a

an order removing a child from his care has been made against him under this Act or (whether before or after the commencement of this Act) under Part I of the M1Children Act1958;

b

an order has been made under the M2Children and Young Persons Act 1933, the M3Children and Young Persons Act 1969, or the M4Children and Young Persons (Scotland) Act 1937, or a supervision requirement has been made under the M5Social Work (Scotland) Act 1968, and by virtue of the order or requirement a child was removed from his care;

c

he has been convicted of any offence specified in Schedule 1 to the said Act of 1933 or Schedule 1 to the M6Criminal Procedure (Scotland) Act 1975, or has been placed on probation or discharged absolutely or conditionally for any such offence;

d

his rights and powers with respect to a child have been vested under section 2 of the M7Children Act 1948 or section 3 of the M8Child Care Act 1980 in a local authority or under section 2 of the M9Children Act 1948 or section 16 of the M10Social Work (Scotland) Act 1968 in a local authority in Scotland;

e

an order under section 1(3) or (4) of the M11Nurseries and Child-Minders Regulation Act 1948 has been made against him refusing, or an order has been made under section 5 of that Act cancelling, the registration of any premises occupied by him or his registration; or

f

an order has been made under section 43 of the M12Adoption Act 1958, section 34 of the M13Adoption Act 1976 or section 34 of the M14Adoption (Scotland) Act 1978 for the removal of a protected child who was being kept or was about to be received by him,

unless he has disclosed that fact to the local authority and obtained their written consent.

2

Where subsection (1) above applies to any person, otherwise than by virtue of this subsection, it shall apply also to any other person who lives in the same premises as he does or who lives in premises at which he is employed.