Division 442 Unauthorised fostering prohibited
(1) A person (other than the holder of a fostering authority) who, for a period, or for periods in the aggregate, exceeding 28 days in any period of 12 months, has in his or her care one or more children for the purpose of fostering the children (whether or not for fee, gain or reward) is guilty of an offence.(2) Subsection (1) does not apply to or in respect of:(a) a child who has been placed in the care of the person by an authorised private fostering agency,(b) a child who has been placed in the care of the person by, or with the written approval of, the Minister or the Director-General,(c) a child who is related to the person, or(d) a person who, at any licensed residential child care centre, acts as a foster parent to any children.(3) The holder of a fostering authority is guilty of an offence:(a) if the holder acts as a foster parent:(i) to more children (other than children who are related to the holder) than the maximum number of children specified in the authority,(ii) where the fostering authority specifies the maximum number of children in any age group to whom it applies—to more children (other than children who are related to the holder) in any such age group than the maximum number of children so specified,(iii) where the fostering authority specifies the child or children to whom it applies—to any child (other than a child who is related to the holder) other than the child or children so specified, or(iv) where the fostering authority specifies the maximum period for which the person to whom it is granted may act as a foster parent in respect of any child or children or in respect of any child or children so specified—to any child (other than a child who is related to the holder) for a period exceeding the maximum period so specified, or(b) if the holder contravenes or fails to comply with any condition of the fostering authority.(4) A provision of this section does not, to the extent of the exemption, apply to or in respect of any person exempted from the operation of that provision under section 48.
(1) A fostering authority:(a) shall specify the person to whom it is granted,(b) shall specify the maximum number (not exceeding 5) of children to whom it applies,(c) may specify the maximum number of children in any age group to whom it applies,(d) may specify the child or children to whom it applies, and(e) may specify the maximum period for which the person to whom it is granted may act as a foster parent in respect of:(i) any child or children, or(ii) where it specifies the child or children to whom it applies—the child or any of the children so specified.(2) Schedule 1 applies to a fostering authority.
44 Unauthorised foster placements prohibited
(1) If:(a) a person places a child in the care of another person (other than the holder of a fostering authority) for the purpose of the child’s being fostered by the other person, and(b) the other person has the care of the child (whether or not for fee, gain or reward) for a period, or for periods in the aggregate, exceeding 28 days in the period of 12 months after the child was placed in the person’s care,the person who so placed the child is guilty of an offence.(2) Subsection (1) does not apply to or in respect of:(a) the placement of a child by an authorised private fostering agency,(b) the placement of a child by, or with the written approval of, the Minister or the Director-General, or(c) the placement of a child in the care of a person to whom the child is related.
45 Lump sum payments for care of children
(1) Except pursuant to an order of a court specifying the terms on which the person may do so, a person shall not, in consideration of the receipt by the person of any sum of money or other valuable consideration, other than periodical payments of money:(a) calculated at not more than the rate per week prescribed by the regulations, and(b) made for not more than 4 weeks in advance,act as a foster parent to any child unless the child is being cared for at the place where a guardian of the child resides.(2) Subsection (1) does not apply to or in respect of:(a) the person in charge of a non-Government children’s home for the time being approved by order of the Minister for the purposes of this subsection, or(b) the person in charge of a facility.(3) The Director-General shall, if requested to do so by any person wishing to place a child in a non-Government children’s home or in the care of the holder of a fostering authority, accept from that person a sum of money from which shall be made such payments, not exceeding periodical payments of money calculated in accordance with subsection (1) (a), as may be agreed upon to the person in charge of that home or to the holder of the fostering authority, as the case may be.(4) A provision of this section does not, to the extent of the exemption, apply to or in respect of a person exempted from that provision under section 48.
Proceedings for an offence under section 42 or 44 shall not be commenced otherwise than by, or with the written approval of, the Director-General.