Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 292: To ask the Minister for Health and Children if there is a legal definition for a children's home; the number of children who must be fostered in a home before it is deemed to be a children's home or residential institution; and if she will make a statement on the matter. [23084/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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Under the Child Care Act 1991, as amended, "children's residential centre" means an institution for the residential care of children in the care of the Health Service Executive or of other children in need of adequate care and protection but does not include: (a) an institution managed by or on behalf of a Minister of the Government, (b) an institution in which a majority of the children being maintained are being treated for acute illnesses or are being provided with palliative care, (c) an institution for the care and maintenance of children with a disability, (d) an institution approved in accordance with the Mental Health Acts 1945 to 2001, (e) a children's detention school as defined in section 3 of the Children Act 2001. Children who are placed in the care of the Health Service Executive can be placed in, inter alia, foster care, relative care or residential care as provided for under Section 36 of the Child Care Act, 1991. The Child Care Regulations 1995 provide the regulatory framework for the placement of children in the different types of care settings.

The Health Service Executive must assess all potential foster/relative carers under the Child Care Regulations, 1995. This assessment includes an assessment of the suitability of those persons and their homes by authorised persons.