New South Wales Consolidated Acts

CHILDREN (CARE AND PROTECTION) ACT 1987 - SECT 42

42 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.