Section 178 Child’s Right Act
Section 178 Child’s Right Act 2003 is about Provision of accommodation and maintenance by State Government for children looked after by it. It is under Part XV (State Government Support for Children and Families) of the Act.
(1) A State Government looking after a child shall ‐
(a) when the child is its care, provide accommodation for him; and
(b) maintain the child in other respects in addition to providing accommodation for him.
(2) A State Government shall provide accommodation and maintenance for a child under this section by‐
(a) placing him, subject to Subsection (5) of this section and any regulations made by the Minister, with‐
(i) a family, or
(ii) a relative of the child, or
(iii) any other suitable person, on such terms as to payment by the State Government and otherwise as the State Government may determine; or
(b) maintaining the child in‐
(i) a community home, or
(ii) a voluntary home, or
(iii) a registered children home, or
(iv) a home provided by the Minister under Subsection (5) of this section, on such terms as the Minister may ,from time to time, determine; or
(c) making such other arrangements which ‐
(i) may seem appropriate to it, and
(ii) comply with regulations made by the Minister.
(3) A person with who a child has been placed under Subsection (2) (a) of this section shall be referred to in this Act as a State Government foster parent unless he falls within Subsection (4) of this section.
(4) A person falls within this section if he is‐
(a) a parent of the child; or
(b) a person who though not a parent of a child, has parental responsibility for the child; or
(c) where the child is in care and there was a residence order in force with respect to him immediately before the care order was made, a person in whose favour the residence order was made.
(5) Where a child is in the care of a State Government, the State Government may only allow him to live with a person who falls within subsection (4) of this section in accordance with regulations made by the Minister.
(6) Subject to any regulations made by the Minister for the purposes of this subsection, a State Government looking after a child shall make arrangements to enable the child to live with ‐
(a) a person falling within subsection (4) of this section; or a relative, friend or other person connected with the child, unless that would not be reasonably practicable or consistent with the welfare of the child.
(7) Where a State Government provides accommodation for a child who it is looking after, it shall, subject to the provisions of this Part of this Act and so far as is reasonably practicable and consistent with his welfare, secure that ‐
(a) the accommodation is near the home of the child;
(b) where the State Government is also providing accommodation for sibling of the child, they are accommodated together.
(8) Where a State Government provides accommodation for a disabled child under its care it shall, so far as is reasonably practicable, ensure that the accommodation is suitable for his particular needs.
(9) Part II of the Seventh Schedule to this Act have effect for the purposes of making further provisions as to children looked after by State Government and in particular as to the regulations that may be made under subsections (2) (a), (2) (c) and (5) of this section.
