The Children’s Act deals with foster care. In terms of the Children’s Act a child is placed in foster care when the Children’s Court makes an order that it is in the child’s best interests of the child to be placed in foster care or when the provincial head of social development in the relevant province by order in writing transfers a child to foster care.

The foster parents’ rights and responsibilities with regard to the child are set out in the Court Order made by the Children’s Court or in a foster care plan made between the parents/guardian of the child and the foster parents. But the natural parents can visit their child at reasonable times, unless the court says they may not. Foster parents have a duty to give the child food, clothing and education and generally promote the child’s wellbeing.

Foster parents have the right to discipline the child. But they cannot deal with the child’s property, consent to the child’s marriage, consent to adoption, consent to the removal of the child from the country or consent to the application for a passport of the child unless they are entitled to act as guardian of the child and in such a case they must consider the views and wishes of the child, bearing in mind the child’s age, maturity and stage of development. Foster parents can apply to the Department of Social Development for a state Foster Child Grant. (See Foster Child Grant)