People urged to share private fostering laws views

PA Media A baby's hand is gripping what appears to be a woman's index finger. The woman's finger nails are painted black or dark brown.PA Media
The States of Guernsey said it wanted "to modernise the current system"

People have been invited to share their thoughts on proposals to update private fostering laws for Guernsey and Alderney.

The States of Guernsey said the aim was to "to modernise the current system" and give children living away from their immediate families the right protection, support and oversight.

It said the proposed changes included children being recognised as privately fostered until they left compulsory education, or turned 18 if they remained in the same arrangement, or turned 18 if they were disabled, or turned 18 if placed under the term time hosting scheme from smaller islands.

People who want to comment can email: privatefosteringconsultation@gov.gg by midnight on 17 August.

The government said private fostering was currently regulated under Part II of The Child Protection (Guernsey) Law, 1972.

It defined private postering as a private family arrangement where a parent, or someone with parental responsibility, arranged for a child to live with someone who was not a close family member or a foster carer approved by the Committee for Health & Social Care (HSC).

Under current law, an arrangement only becomes "private fostering" after a child has been cared for in such a way for more than three months in total, across at least three separate periods within a year.

The States said in 2004 it agreed the legislation should be updated to reflect modern childcare practice and it now intended for new legislation to be drafted under Section 107 of The Children (Guernsey and Alderney) Law, 2008.

It said this would allow HSC to introduce an ordinance specifically focused on private fostering.

The new ordinance is expected to introduce clearer, stronger safeguards, including:

  • A clear definition of private fostering and the responsibilities of parents, carers and the committee
  • Enhanced protection through checks on carers and regular visits
  • Powers to enter and inspect premises
  • A requirement for social care professionals to have direct contact with privately fostered children
  • Powers to remove children from unsuitable accommodation
  • The ability to disqualify or prohibit unsuitable people from caring for children
  • Duties for anyone involved in private fostering arrangements
  • Creation of criminal offences for failing to meet legal duties

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