Criminal Justice and Immigration Act 2008

Fostering requirement

18 (1) In this Part of this Act “fostering requirement”, in relation to a youth rehabilitation order, means a requirement that, for a period specified in the order, the offender must reside with a local authority foster parent.

(2) A period specified in a youth rehabilitation order as a period for which the offender must reside with a local authority foster parent must—

(a) end no later than the end of the period of 12 months beginning with the date on which the requirement first has effect (but subject to paragraphs 6(9), 8(9) and 16(2) of Schedule 2), and

(b) not include any period after the offender has reached the age of 18.

(3) A youth rehabilitation order which imposes a fostering requirement must specify the local authority which is to place the offender with a local authority foster parent under section 23(2)(a) of the Children Act 1989 (c. 41).

(4) The authority so specified must be the local authority in whose area the offender resides or is to reside.

(5) If at any time during the period specified under sub-paragraph (1), the responsible officer notifies the offender—

(a) that no suitable local authority foster parent is available, and

(b) that the responsible officer has applied or proposes to apply under Part 3 or 4 of Schedule 2 for the revocation or amendment of the order,

the fostering requirement is, until the determination of the application, to be taken to require the offender to reside in accommodation provided by or on behalf of a local authority.

(6) This paragraph does not affect the power of a local authority to place with a local authority foster parent an offender in respect of whom a local authority residence requirement is imposed.

(7) A court may not include a fostering requirement in a youth rehabilitation order unless the court has been notified by the Secretary of State that arrangements for implementing such a requirement are available in the area of the local authority which is to place the offender with a local authority foster parent.

(8) In this paragraph, “local authority foster parent” has the same meaning as it has in the Children Act 1989.