Hi there. In New South Wales, foster carers are under a number of legal obligations designed to ensure the wellbeing and safety of children in their care. One of these responsibilities is that a foster carer must, at any reasonable hour and on reasonable notice, permit an authorised supervisor (such as a representative of the Department of Family and Community Services, NSW) to inspect the home or premises where the child lives, and all the foster parent’s records relating to the child. The foster carer must also allow the child to be interviewed by the authorised supervisor. This obligation is set out in regulation 37 of the Children and Young Persons (Care and Protection) Regulations 2012 (NSW).

These Regulations also specify a number of other important obligations you have as a foster carer, such as the responsibility to provide the Department with information about the child from time to time, and notify the Department of any changes in the child’s circumstances, such as expulsion from school or a serious injury. Most of these responsibilities are outlined in the Code of Conduct for Authorised Foster, Relative and Kinship Carers, which is available from the Department’s website. You should also have been provided with a copy of the NSW Charter for Rights for Children and Young People in Out-of-Home Care in NSW, which you must comply with.

Non-compliance with your obligations as a foster carer can result in an investigation into your suitability as a foster carer and, in some circumstances, suspension or cancellation of your authorisation as a foster carer.

Suggested way forward

You should contact the Department of Family and Community Services (www.community.nsw.gov.au) for more information about your obligations as a foster carer. You may want to consider speaking to a lawyer who can fully assess your situation and advise you of your legal rights and responsibilities. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.