FOSTER CARE ACT

FOSTER CARE

CHAPTER 491 *

FOSTER CARE ACT

To make special provision for foster care and to make consequential and

other amendments.

16th November, 2007

ACT XVII of 2007 , as amended by Legal Notice 427 of 2007 .

PART I

INTRODUCTION AND DEFINITIONS

The short title of this Act is the Foster Care Act.

(1)

In this Act, unless the context otherwise requires

"accredited agency" means an organisation which is accredited

by the central authority to carry out foster care placements;

"Board of Appeal" means the board established by virtue of

article 14 or such other administrative board or tribunal which the

Minister may from time to time designate to carry out all or any of

the functions as specified in this Act;

"care plan" means a plan drawn up by a social worker of an

accredited agency in collaboration with others involved in the best

interests of the child;

"central authority" means the Authority established by virtue of

article 6;

"child" means a person under eighteen years of age;

"cross-border foster care" means

(i)

the care provided by a foster carer who is a Maltese

citizen, to a child who is not a Maltese citizen and who

is resident in Malta; or

(ii) the care provided by a foster carer who is not a

Maltese citizen and whose approval by a foreign

authority is recognised by the central authority,

through an accredited agency, to a child who is

resident in Malta;

"foster care" means a service for a determinate period whereby a

child is placed in the continuous care of a foster carer, and through

which the child is brought up in a family environment according to

his best interests;

"foster care agreement" means the agreement entered into in

accordance with article 24;

"foster carer" means one or more persons approved by the

Fostering Board to foster a child;

"Fostering Board" means the board established by virtue of

*Repealed by Act XXIII of 2019.

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article 3;

"Minister" means the Minister responsible for social policy;

"social worker" shall have the meaning assigned to it by article 2

of the Social Work Profession Act.

PART II

FOSTERING BOARD

(1) There shall be a Board, known as the Fostering Board,

which shall be composed of a Chairperson and a minimum of

another four members. This Board shall be composed of the

following

(a) professionals representing different disciplines; and

(b) a person who, in the opinion of the Minister, has

adequate knowledge and is proficient in the area of

foster care.

(2) The Minister shall endeavour to have a person over the age

of eighteen years who was placed in foster care and a person who is

or was a foster carer as part of the Fostering Board and such

persons may be appointed at any time during the term of office of

the Fostering Board.

(3) The members of the Fostering Board shall be appointed by

the Minister for a minimum period of two years.

(4) Any member of the Fostering Board may be removed from

office by the Minister on grounds of inability to perform the

functions of their office or of misbehaviour.

(5) In the event that any member of the Fostering Board

vacates his office before completing his term, the member

appointed in his stead shall be so appointed for the unexpired

period of the original appointment.

(6) The Minister shall designate a person to act as Secretary to

the Fostering Board and such person shall, as part of his duties, be

responsible for the keeping of the relevant records and shall carry

out such other work related to the functions of the Fostering Board

as may be instructed by the Chairperson.

(7) Subject to the provisions of this Act and to any regulations

made thereunder, the Fostering Board shall regulate its own

procedure

Provided that any decision of the Fostering Board shall be

taken by a majority of votes; however in the case of an equality of

votes the Chairperson shall have and exercise a determining vote.

The Secretary to the Board shall not vote.

(8) The Fostering Board shall meet as and when necessary,

provided it meets at least once every month. In the case of a written

request by the Minister or by an accredited agency, which request

shall be transmitted through the Secretary of the Board, such Board

shall meet by not later than forty eight hours following the request.

(9) The Fostering Board shall have the power to consult

professionals or other persons having relevant knowledge and

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experience in the field of foster care.

(10) The members of the Fostering Board, the Secretary to such

Board and any person involved in the proceedings before the

Fostering Board shall be bound by confidentiality and shall not

disclose to any third party any information which may come to

their knowledge during the proceedings. These persons shall also

not distribute to any third party any document pertaining to the

Fostering Board or any copies thereof, unless requested or duly

authorised to do so by the Minister or by any court of law.

(11) The Fostering Board shall submit to the Minister an annual

report of all its activities during the preceding calendar year by not

later than the fifteenth April of each year.

(1)

The functions of the Fostering Board shall include

(a) examining Home Study Reports and Review Reports

in accordance with Part V drawn up by a social worker

of an accredited agency;

(b) determining suitability or otherwise of prospective

foster carers;

(c) determining that a foster carer is no longer suitable to

act as such;

(d) specifying what type of foster care is suitable to be

provided by each foster carer;

(e) keeping an updated register of foster carers;

(f) providing foster carers with official documentation

that identifies them as such and an official letter

identifying the children in their care;

(g) reviewing reports compiled by an accredited agency,

following a complaint against a foster carer, and taking

any action as deemed fit in the circumstances;

(h) making recommendations to the Minister on the

parameters to be established for the organisation of

training programmes, assessments, counselling

sessions for prospective foster carers as well as

monitoring of, and support structures for, foster carers;

(i) making recommendations to the Minister for the more

effective implementation of the provisions of this Act

and any regulations made thereunder.

(2) The Fostering Board shall have access to all documentation

deemed relevant to the foster care procedure and it shall be

unlawful for any person to hinder it in the carrying out of any of its

functions.

(1) Any decision in terms of article 4(1)(b), (c) and (d)

shall be taken after the Fostering Board has reviewed the Home

Study Report, or the Review Report and, or any other relevant

documentation, and after it has heard the prospective foster carer

and any other persons, including the children concerned, the Board

may deem fit in the circumstances. The decisions and the reasons

therefor shall be communicated in writing, within five working

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days from the date of such decision, by registered mail to the foster

carer or the prospective foster carer, as applicable, and to the

accredited agency involved.

(2) The foster carer or prospective foster carer, as applicable,

may appeal from a decision delivered by the Fostering Board, by

filing an application in front of the Board of Appeal by not later

than eight working days from the date of service of the decision by

registered mail.

PART III

CENTRAL AUTHORITY

There shall be a central authority designated by the

Minister to perform and fulfil the functions, duties and

responsibilities specified in articles 7 to 13 and any regulations

which may be made in terms of this Act.

The functions of the central authority shall include

(a) receiving and acknowledging applications for

accreditation;

(b) granting, refusing, or revoking accreditation to

organisations in accordance with established criteria;

(c) receiving, acknowledging, investigating and taking

any necessary action in relation to any complaints

against accredited agencies or any organisations

purporting to act as such;

(d) receiving requests from foreign persons who are

approved as foster carers abroad and who, through an

accredited agency, request to be recognised as foster

carers in terms of this Act, and after making the

investigations it deems fit and obtaining all the

necessary documentation, deciding whether to accept

such request after consulting with the Fostering Board;

(e) receiving applications from agencies which would like

to carry out cross-border foster care and deciding

whether to allow such agencies to effect such

placements;

(f) taking any measures deemed necessary in the

circumstances, if a foster care placement, whether

local or cross-border, is in breach of the provisions of

this Act.

(1) Any organisation may apply to the central authority for

accreditation, in the form approved and provided for by such

authority, in order to be able to carry out foster care services.

(2) The central authority may at any time during the processing

of an application, require an organisation to provide any documents

and information deemed necessary in order to ascertain whether

accreditation should be granted.

The central authority may accredit an organisation if it is

satisfied that the organisation -

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(a) has sufficient experience and expertise in dealing with

child and family matters; and

(b) has an adequate number of staff who are trained to

carry out foster care services; and

(c) has the administrative and legal competency to carry

out the functions appertaining to foster care services.

(1) Upon granting accreditation to an organisation the

central authority shall issue an Accreditation Certificate which

shall be valid for a period of two years from date of issue.

(2) The certificate referred to in sub-article (1) may be renewed

by the central authority if the accredited agency applies for renewal

by not later than two months prior to the expiration of its

accreditation and renewal shall only be granted if the accredited

agency is still in compliance with articles 8 and 9. The decision of

the central authority on the renewal of the accreditation certificate

shall be served on the accredited agency, by registered mail, within

thirty days from the application for renewal.

(1) The central authority shall have the right to refuse an

application for accreditation if it deems the organisation not fit to

carry out foster care services. The refusal together with the reasons

therefor shall be served in writing, by registered mail, to the

organisation applying for accreditation within three months from

the date of application.

(2) The organisation shall have the right to request a reversal of

the decision of the central authority by filing an application before

the Board of Appeal within twenty days from the date of service as

specified in sub-article (1).

(3) The organisation shall have the right to re-apply to the

central authority for accreditation if the reason for the refusal no

longer subsists.

(1) The central authority shall have the right to revoke

accreditation of an agency at any time, if the agency

(a) files a request in writing for revocation;

(b) ceases to comply with the criteria of eligibility for

accreditation;

(c) is no longer deemed suitable to provide foster care

services;

(d) is in breach of the conditions for accreditation in

accordance with the provisions of this Act.

(2) The central authority shall serve the agency, by registered

mail, with the written revocation together with the reasons therefor

and such revocation shall have effect from date of service.

(3) If the accreditation is revoked on any of the grounds

mentioned in sub-article (1)(b), (c) or (d), the agency shall have the

right to file an application in front of the Board of Appeal,

requesting a reversal of the decision of the central authority, within

ten days of the service specified in sub-article (2).

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(4) If an appeal is filed in accordance with sub-article (3), the

agency may request the Board of Appeal to suspend the decision of

the Central Authority until the final decision.

(5) If the accreditation of an agency is revoked, the

Accreditation Certificate and all the records and documentation

relating to foster care services shall become the property of the

central authority. The central authority may appoint another

accredited agency to have custody of such records and

documentation, continue to monitor the prospective foster carers

and the foster carers, continue to support and monitor the

placements of the children who were placed in foster care, and to

carry out all the functions that belonged to the agency whose

accreditation was revoked, according to article 17.

During the month of January of every year, the central

authority shall publish in the Gazette

(a) a list of all accredited agencies specifying their full

name, registered address and other relevant contact

details;

(b) a list of agencies whose accreditation has been

revoked throughout the previous calendar year; and

(c) any changes in the conditions required for

accreditation or renewal.

PART IV

BOARD OF APPEAL

(1) There shall be a Board of Appeal consisting of a

Chairperson and two other members. One of these shall be a person

who has held a warrant to practise the profession of advocate for at

least seven years.

(2) The members of the Board of Appeal shall be appointed by

the Minister for a period of three years, and may be removed from

office by the Minister on grounds of proved inability to perform the

functions of their office or of proved misbehaviour.

(3) A member of the Board of Appeal may be challenged or

may abstain for any of the reasons for which a judge may be

challenged or may abstain in accordance with article 734 of the

Code of Organization and Civil Procedure. In any such case, the

Minister shall appoint another person to sit as a member on the

Board of Appeal in substitution of the said member for the duration

of the appeal in question.

(4) A person shall not be qualified to be appointed or continue

to hold office as a member of the Board of Appeal if that person is

a Judge, a Magistrate, a member of the House or of a Local

Council, or a candidate for election to the House or a Local

Council.

(1) The Board of Appeal shall be competent to

(a) review decisions of the Fostering Board upon an

appeal filed in accordance with article 5(2);

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(b) review decisions of the central authority upon an

appeal filed in accordance with article 11(2);

(c) hear and decide an appeal filed in accordance with the

provisions of this Act and any regulations made

thereunder;

(d) undertake any other function as the Minister may

designate by regulations made by virtue of this Act.

(2) In order to carry out its duties, the Board of Appeal shall

have access to all documentation pertaining to the foster care

procedure and it shall be unlawful for any person to hinder it in the

carrying out of its functions.

(3) The Board of Appeal shall have such powers as are, by the

Code of Organization and Civil Procedure, vested in the Civil

Court, First Hall.

(4) Without prejudice to sub-article (3), in the exercise of its

functions, the Board of Appeal may summon any person to give

evidence and produce the necessary documentation. For this

purpose the Chairperson shall have the power to administer the

oath.

(5) The Board of Appeal shall decide an application for appeal

by not later than four months from the date of the filing of the

application, unless in the opinion of the Chairperson a longer

period is necessary for a valid reason which must be stated and

registered in the proceedings of the case.

(6) A decision given by the Fostering Board or by the Central

Authority shall have immediate effect unless the Board of Appeal

decides to suspend it until it has given the final judgement.

(7) The decision of the Board of Appeal shall be communicated

to the applicants, the Fostering Board and the central authority by

not later than three working days from the date of such decision.

(8) In cases falling under the jurisdiction of the Board of

Appeal in accordance with sub-article (1), there shall be a right of

appeal on a point of law. Such appeal shall be made by an

application to the Court of Appeal constituted in accordance with

article 41(9) of the Code of Organization and Civil Procedure. Such

application shall be filed by not later than twelve days from the

date of the decision of the Board of Appeal.

PART V

ACCREDITED AGENCIES

An organisation shall be deemed to make arrangements for

the fostering of a child if it enters into any agreement or makes any

arrangements for facilitating the fostering of a child.

An accredited agency shall be responsible to

(a) provide a service according to the standards, criteria

and procedures established by the central authority;

(b) receive and process applications from persons who

apply to be registered as foster carers;

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(c) provide initial training to prospective foster carers and

continuous training to foster carers registered with it,

and provide them with adequate support while they are

carrying out any foster care placement;

(d) match foster carers with children who are to be placed

in foster care;

(e) make all reasonable attempts to place siblings with the

same foster carer if this is in the best interest of the

siblings;

(f) make all reasonable attempts to place a minor parent

and his or her child with the same foster carer;

(g) ensure that any foster care placement will be in the

best interest of the child;

(h) monitor all foster care placements arranged by it and

provide support to foster carers during the foster care

placement arranged by it;

(i) review and propose amendments, if necessary, to

foster care agreements;

(j) investigate complaints against any foster carer in

accordance with the manual or procedures specified in

article 18 and draw up a report and forward it to the

Fostering Board for any necessary action;

(k) investigate any allegations of abuse in any foster care

placement, in accordance with the manual or

procedures mentioned in article 18, and report as

necessary to the competent authority;

(l) grant the central authority access to any records and

documentation dealing with the foster care procedure

of any child and to reports on any foster carer or

prospective foster carer;

(m) grant the central authority access to its financial

accounts and audits;

(n) report to the central authority at the end of every

calendar year on the performance of its functions;

(o) comply with any other duties and obligations as

specified by the central authority.

An accredited agency shall develop, update and execute

written policies, procedures and manuals which shall be subject to

approval by t he Central Authority. These written policies,

procedures and manuals shall include

(a) training and assessment procedures;

(b) matching of foster carers with children;

(c) forms of support for foster carers and for children who

have been placed in foster care, both before, during

and after the foster care placement;

(d) emergency placements of children in need of care;

(e) investigation of complaints against any foster carer;

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(f) change in circumstances of foster carers;

(g) cases of abuse of children in foster care; and

(h) cases of death of children in foster care.

Before commencing the fostering process, the accredited

agency shall

(a) inform prospective foster carers of its objectives,

powers and activities;

(b) make available a copy of its Accreditation Certificate

to prospective foster carers as proof of its

accreditation; and

(c) inform prospective foster carers of any legal

requirements.

An accredited agency shall maintain one or more registers

listing

(a) the foster care placements and the type of placements

arranged by it;

(b) the prospective foster carers registered with it;

(c) the foster carers registered with it; and

(d) the professionals who are monitoring every foster care

placement.

Foster carers shall be entitled to have access to any

information, including medical information, which would enable

them to give the best possible care to the child and which may

affect the best interest of the child they are fostering.

An accredited agency shall make all reasonable efforts to

ensure that every social worker assigned to carry out duties with

regard to the foster care procedure is adequately trained in this

regard and continues to receive ongoing training.

(1) After receiving an application from a prospective

foster carer the accredited agency shall be responsible to

(a) provide training to the prospective foster carer;

(b) assess the suitability or otherwise of the prospective

foster carer;

(c) draw up a report to be known as the "Home Study

Report" on the situation of the prospective foster carer,

including any recommendations and forward it to the

Fostering Board, which shall decide whether the

prospective foster carer is suitable to be approved as a

foster carer.

(2) For the purposes of drawing up the Home Study Report, the

social worker authorised by the accredited agency shall carry out

the necessary home visits. The visits may be unannounced and the

prospective foster carer shall not refuse entry, shall co-operate with

the social worker and shall provide correct information to the best

of his knowledge.

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(1) A foster carer shall have the rights and duties listed in

the foster care agreement.

(2) Any rights and duties pertaining to the foster carer in

accordance with the foster care agreement shall not be perceived to

be seen as a permanent right or duty.

(3) The foster care agreement in terms of sub-article (1) shall

be in the best interest of the child and shall provide for detailed

information related to the rights and duties of the foster carer and it

shall specifically include

(a) the extent to which the foster carer may make

decisions with regard to the child in his care;

(b) the frequency of contact of the child with the natural

parent or parents;

(c) the child’s care plan;

(d) matters of education, health and maintenance of the

child; and

(e) any other matter pertinent to the child in foster care.

(4) The Fostering Board, the accredited agency, the natural

mother, the natural father if he has recognised the child, the foster

carer and the Children and Young Persons Advisory Board, where

applicable, shall be provided with a copy of the foster care

agreement, and any amendments thereto shall be agreed to by the

parties and shall be communicated in writing to all the parties

having a copy of the original agreement.

(5) The foster care agreement, drawn up by the accredited

agency, shall be signed by the accredited agency, the foster carer

and the person having care and custody of the child. This

agreement shall be drawn up after having heard the child to be

fostered, according to his age and understanding, and any person

caring for the child. Any person having parental authority shall also

be heard if such person can be found and is capable of expressing

his views.

(6) In the event of disagreement on the amendments to the

foster care agreement, every party may refer the matter to the Civil

Court (Voluntary Jurisdiction Section), and the court shall decide in

the best interest of the child concerned.

(7) The foster care placement may be terminated by the

accredited agency if

(a) the foster carer does not conform with the foster care

agreement; or

(b) the Fostering Board decides that the foster carer is no

longer suitable to provide foster care; or

(c) the foster care placement is no longer in the best

interest of the child.

A foster carer shall ensure that the child placed in his care

shall be cared for, maintained, instructed and educated according to

the child’s abilities, aspirations and natural inclinations. The child

shall also have access to the social worker who is taking care of the

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placement.

(1) During a foster care placement the accredited agency

shall designate a social worker to monitor a foster carer registered

with it by drawing up a Review Report at least once every two

years so that it may determine whether the foster carer is fulfilling

the obligations in accordance with the provisions of this Act and

the foster care agreement and whether such carer should be allowed

to continue caring for the child. This report shall be drawn up

before the two year period has elapsed if the foster carer needs to

be assessed before the expiration of this period.

(2) For the purposes of drawing up the Review Report, the

social worker shall carry out the necessary home visits. The visits

may be unannounced and the foster carer shall not refuse entry,

shall cooperate with the social worker and shall provide correct

information to the best of his knowledge. The social worker

carrying out the visit shall be entitled to be assisted by a member of

the Police Force in case of any hindrance or obstruction in the

exercise of such duty.

PART VI

OFFENCES

(1) Any person who makes or gives, or agrees or offers to

make or give, or receives or agrees to receive, or attempts to obtain

any payment or other reward for or in consideration of any

arrangements for a foster care placement shall be guilty of an

offence and shall, on conviction be liable to imprisonment for a

term of not less than three months and not exceeding six months or

to a fine (multa) of not less than one thousand and one hundred and

sixty-four euro and sixty-nine cents (1,164.69) but not more than

two thousand and three hundred and twenty-nine euro and thirty-

seven cents (2,329.37) or to both such fine and imprisonment, in

addition to any order deemed fit in the circumstances in order to

protect the child in respect of whom the offence was committed.

(2) For the purposes of this article, the making of any

arrangements for the placement of a child in foster care shall not

include any payments made for the maintenance of the child or

remuneration to professionals for services rendered by them.

(1) Without prejudice to any regulations made under this

Act, a person shall not, without the approval in writing of an

accredited agency, publish or cause to be published in any

newspaper, periodical or any other printed matter or by means of

broadcasting, television, public exhibition or by any other means or

medium, any advertisement, news item or other matter indicated,

whether or not in relation to a particular child, born or unborn, that

(a) a child may be placed in foster care;

(b) a person intends to foster a child; or

(c) a person intends to make arrangements for the

placement of a child in foster care.

(2)

Without prejudice to any regulations made under this Act, a

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person shall not, without the approval in writing of an accredited

agency, publish or cause to be published in any newspaper,

periodical, any other printed matter or by means of broadcasting,

television, public exhibition or by any other means or medium

(a) the name of a foster carer;

(b) the name of a child who is or will be placed in foster

care;

(c) the name of a natural parent, curator or tutor of the

child who is or will be placed in foster care; or

(d) any matter likely to enable any of the persons

mentioned in paragraphs (a), (b) and (c) to be

identified.

(3) Any person who acts in breach of this article shall be guilty

of an offence and shall, on conviction, be liable to imprisonment

for a term of not less than three months and not exceeding six

months or to a fine (multa) of not less than one thousand and one

hundred and sixty-four euro and sixty-nine cents (1,164.69) but not

more than two thousand and three hundred and twenty-nine euro

a n d t h i r t y - s e v e n c e n t s (2 , 3 2 9 . 3 7 ) o r t o b o t h s u c h fi n e a n d

imprisonment, without prejudice to any payment of damages that

are deemed fit in the circumstances.

A person shall be guilty of an offence and shall on

conviction be liable to imprisonment for a term of not less than

three months and not exceeding six months or to a fine (multa) of

not less than one thousand and one hundred and sixty-four euro and

sixty-nine cents (1,164.69) but not more than two thousand and

three hundred and twenty-nine euro and thirty-seven cents

(2,329.37) or to both such fine and imprisonment, if such person

(a) threatens or forces a foster carer, against his will, to

give up a child placed in his care;

(b) takes the child away from a foster carer against the

child’s will, without the approval in writing of an

accredited agency;

(c) threatens or forces a foster carer, against his will, to

give up to any order issued by any court of law or

issued by virtue of the Children and Young Persons

(Care Orders) Act;

(d) threatens or forces a foster carer, against his will, to

act in breach of the provisions of this Act;

(e) threatens or causes any type of damage to a foster

carer; or

(f) forces entry into the residence of a foster carer.

Any person who in any way hinders or obstructs the

Fostering Board, the Board of Appeal, the Central Authority or an

accredited agency in the performance of any of their functions shall

be guilty of an offence and shall on conviction be liable to

imprisonment for a term of not less than six months and not

exceeding one year or to a fine (multa) of not less than one

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thousand and one hundred and sixty-four euro and sixty-nine cents

(1,164.69) but not more than two thousand and three hundred and

twenty-nine euro and thirty-seven cents (2,329.37) or to both such

fine and imprisonment.

A person or organisation who makes arrangements to place

a child in foster care without the authorisation of the central

authority shall be guilty of an offence and shall on conviction be

liable to imprisonment for a term of not less than six months and

not exceeding one year or to a fine (multa) of not less than one

thousand and one hundred and sixty-four euro and sixty-nine cents

(1,164.69) but not more than two thousand and three hundred and

twenty-nine euro and thirty-seven cents (2,329.37) or to both such

fine and imprisonment.

Where any person acts in breach of any provision of this

Act or any regulations made thereunder, and a specific penalty is

not provided for the offence under this Act or any regulations made

thereunder, such person shall, on conviction, be liable to a fine

(multa) of not less than two hundred and thirty-two euro and

ninety-four cents (232.94) but not more than two thousand and

three hundred and twenty-nine euro and thirty-seven cents

(2,329.37).

PART VII

REGULATIONS

The Minister may make regulations

(a) for the protection, supervision and control of children

placed in foster care;

(b) for the accreditation, monitoring and control of

agencies and for the refusal or revocation of such

accreditation;

(c) to provide for any rights and duties pertaining to a

foster carer, including that which should be established

in the foster care agreement;

(d) to regulate the different types of foster care;

(e) to establish penalties for breach of the provisions of

this Act;

(f) to establish the procedure to be followed by the

Fostering Board and the Central Authority;

(g) to lay down the rules on the powers of and the

procedures to be followed by the Board of Appeal; and

(h) for any incidental and supplementary matter which the

Minister considers expedient to provide for, for the

effective implementation of the provisions of this Act.

PART VIII

TRANSITORY PROVISIONS

(1) All persons who, prior to the date of entry into force of

this Act, were approved as foster carers by the Adoption and

Fostering Panel, shall be temporarily approved as foster carers by

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the Fostering Board if they have communicated their approval in

writing to such Board, either personally or through an accredited

agency, within three months of the date of entry into force of this

Act.

(2) Following the communication referred to in sub-article (1),

the Fostering Board shall

(a) direct an accredited agency to include the foster carer

in its register of foster carers and such foster carer

shall be assessed by the accredited agency in order to

determine whether he should be allowed to continue

acting as such; and

(b) issue the official documentation and official letter

referred to in article 4(1)(f).

(3) Following the assessment specified in sub-article (2), the

foster carer shall enter into a foster care agreement and continue to

be monitored and assessed in accordance with article 26.

(4) All organisations which, prior to the coming into force of

this Act were providing foster care services shall, within one month

of the coming into force of this Act apply for accreditation in

accordance with article 8 in order to be able to continue providing

foster care services.

(5) All organisations as specified in sub-article (4) which do

not apply for accreditation within the specified time limit and

which continue providing foster care services shall be in breach of

article 31.