Foster Care As A Pr otection Order And The Regulation On Foster Care
Öz
As far as Turkish law is concerned, since it was introduced, the concept of foster care
has always been regarded as an order imposed for children in need of protection,
and periodically reviewed by the court. However, the new regulation on foster care
and foster parents has changed this concept and simply regarded it as a care model
which is an alternative to institutional care. This new concept fundamentally shifted
the nature of the foster care from an order to a non-typical (sui generis) contract,
signed between authorities responsible foster care and foster parents. Seen from this
perspective, the new concept can potentially cause some legal problems. Moreover, due
to its wordings and principles on which it is based, the new regulation might cause
inconsistency in terms of its interpretation and application. Therefore, this article
aims to explain how the provisions of the new regulation should be interpreted and
whether the shift in the principles of foster care is in contradiction to other rules of
Turkish Civil Code and Constitution.
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