What is family foster care?
Family foster care is a child protection measure whereby the guardianship and care of a minor are entrusted to a person or family —the foster family— when the child’s parents are unable to care for them temporarily or permanently, or when the child’s situation requires it for protection reasons.
This measure allows the minor to participate fully in the family life of the foster person or family, who assumes obligations such as looking after them, keeping them in their company, feeding them, educating them and providing them with comprehensive development in an affectionate environment.
Unlike adoption, this arrangement does not, in itself, terminate the legal ties between the minor and their family of origin. The parents retain parental authority, unless it has been suspended or removed by court decision.
Contents
Types of foster care
This child protection measure may take different forms depending on the child’s situation, the expected return to the family of origin and the duration of the arrangement.
Emergency care
Emergency care applies when the minor needs immediate attention while the most appropriate protection measure is decided. It is intended especially for children under six years of age and has a limited duration.
Temporary foster care
Temporary foster care is transitional in nature. It is used when the situation preventing the parents from caring for the child is reversible and the child’s reintegration into the family of origin is expected, or while a more stable protection measure is being adopted.
Permanent foster care
Permanent foster care is established when, after assessing the circumstances of the child and their family of origin, family reunification is considered impossible or not advisable in the short or medium term. It may continue for a prolonged period, always taking into account the child’s needs.
Who can be a foster family?
A foster family may be any person or family that meets the suitability requirements established by the public authority responsible for child protection.
The aspects usually assessed include personal and family stability, the ability to meet the child’s needs, real availability to assume foster care, the absence of records incompatible with child protection, and an understanding that this is a measure aimed at the child’s welfare.
When appropriate for the child, the possibility of placing the minor within the extended family is usually considered, such as grandparents, uncles and aunts, older siblings or other close relatives, provided that they meet the necessary conditions.
Who decides on foster care?
Foster care may be agreed by the public authority responsible for child protection or, in certain cases, by court decision.
As a general rule, the public authority assesses the child’s situation, selects the most appropriate type of care and determines whether there is a suitable foster family. When the parents object, consent is lacking or the situation requires judicial intervention, a judge’s decision may be necessary.
In all cases, the measure must be adopted taking into account the best interests of the child and seeking, where possible and appropriate, to maintain their family and emotional ties.
Differences from adoption
Although both institutions seek to protect the child, foster care and adoption have very different legal effects.
| Issue | Foster care | Adoption |
|---|---|---|
| Link with the family of origin | It is maintained, except for specific court measures. | It is legally terminated and a new filiation is created. |
| Parental authority | The parents retain it, unless suspended or removed by court decision. | It passes to the adoptive parents. |
| Duration | It may be emergency, temporary or permanent. | It is definitive in nature. |
| Surnames | They normally do not change. | They may change as a consequence of the new filiation. |
| Reversibility | It may be modified or cease if circumstances change. | In principle, it is irrevocable. |
Rights of the fostered child
The fostered child has the right to receive care, protection, affection, stability and attention suited to their personal, family, educational and emotional needs.
They also have the right to be heard in decisions affecting them, according to their age and maturity, and to know their situation in a way that is appropriate to their development.
In addition, they retain the right to maintain contact with their family of origin, unless the public authority or the judge suspends or limits that contact for protection reasons.
To better understand the difference between the functions of parents and the daily care measures relating to the child, you can read our article on the differences between parental authority and child custody.