Pat Carey (Dublin North West, Fianna Fail)
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Question 316: To ask the Minister for Health and Children if her Department will given effect to the proposed inter-Governmental agreement known as the Accord with the Government of Belarus which relates to child protection and safety when children visit Ireland; and if she will make a statement on the matter. [14227/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Whilst the principle of a possible agreement was raised by the Belarusian ambassador no discussions on the content of any such agreement have taken place with Belarusian authorities and no documentation has been tabled covering any such agreement.

Part IVB of the Children Act 2001 defines Private Foster Care as any arrangement where a child is in the full-time care of a person other than his parent/guardian or their partner or a relative, for reward or otherwise for more than 14 days. It excludes routine arrangements such as boarding school, hospital or educational placements or holidays for a period not exceeding 42 days. The exclusion also covers children already in the care of the Health Service Executive or other health or state facility. This applies to foreign children entering the country as well as Irish children.

The Act states that anyone undertaking or arranging a private foster care arrangement must give notice to the relevant health board at least thirty days prior to placement. Where a child is placed in a private foster care arrangement in emergency circumstances, both the person undertaking and the person arranging the placement must notify the relevant health boards as soon as practicable and not more than 14 days after the arrangement is put in place.

In all private foster care arrangements the welfare of the child is of paramount importance and any person undertaking such a placement has a duty of care to the child concerned. Authorised officers of the Health Service Executive may inspect private foster care arrangements to ensure that all reasonable measures are being taken to safeguard the child's health, safety and welfare. These authorised officers must be given a warrant on his/her appointment. Where the Executive has concerns regarding the child's welfare it may apply to the District Court for a supervision order, care order or for the child to be returned to its parents.

The Act restricts people from arranging or undertaking private foster care arrangements for the purpose of adopting a child unless the child is eligible for adoption under the Adoption Acts 1952 to 1998 and the Executive has consented to the continuance of the placement pending completion of the assessment.