Can Children Who Are Fostered Stay Overnight With Birth Family Members?

When a child comes into foster care, it's natural for everyone involved to have questions about how family relationships will continue. One question that often comes up is whether a child can stay overnight with their birth family, and the answer isn't always straightforward.

In Wales, every decision is made with the child's best interests at the centre. While birth parents often continue to have important rights and responsibilities, arrangements for overnight stays will depend on the child's individual circumstances, their legal status and what has been agreed as part of their care plan.

Understanding how these decisions are made can help provide reassurance for both prospective foster parents and birth families, while highlighting the shared focus of supporting each child to feel safe, secure and connected to the people who matter most.

What Are Birth Parents' Rights When a Child Is in Foster Care?

When a child enters foster care, it does not automatically mean that their birth parents lose their parental rights. In many cases, birth parents continue to have parental responsibility, although the way it is exercised will depend on the child's legal status and the decisions made by the local authority or the court.

For example, if a child is looked after under a voluntary agreement (sometimes called an accommodated child under Section 76 of the Social Services and Well-being (Wales) Act 2014), birth parents retain parental responsibility and continue to make important decisions about their child's life, working alongside the local authority.

If a child is subject to a care order, the situation is different. Birth parents usually still retain parental responsibility, but the local authority also has parental responsibility and can decide how and when a parent exercises theirs if this is necessary to safeguard or promote the child's welfare. The child's welfare is always the overriding consideration.

This means birth parents are often involved in important decisions about their child wherever appropriate. Depending on the circumstances, this may include discussions about education, healthcare, religious upbringing and family contact. However, some decisions may be made by the local authority, or delegated to the foster parent, where this has been agreed as part of the child's care and placement plans.

Every family's circumstances are different, which is why there isn't a single set of rules that applies to every child in foster care. Instead, decisions are made individually, taking into account the child's legal status, care plan and, above all, what is in their best interests.

Can Children Who Are Fostered Stay Overnight With Birth Family Members?

Sometimes they can, but there isn't a simple yes or no answer. Every decision about an overnight stay with birth family members is made individually, with the child's welfare and best interests at the centre.

For some children, spending time with their birth family, including overnight stays, may form part of their care plan. For others, this may not be appropriate because of their individual circumstances or the reasons they came into foster care. The arrangements will depend on a range of factors, including the child's legal status, their assessed needs and any plans agreed by the local authority or the court.

Before an overnight stay is agreed, professionals will carefully consider whether it is safe and beneficial for the child. This may involve reviewing existing contact arrangements, carrying out risk assessments and listening to the child's wishes and feelings where it is appropriate to do so. The aim is always to support positive family relationships where this is in the child's best interests, while making sure they feel safe, secure and supported.

As a foster parent, you won't be expected to make these decisions on your own. If an overnight stay with a birth family member is being considered, your supervising social worker and the child's social worker will explain the arrangements, answer any questions and make sure everyone understands their role. This collaborative approach helps ensure that any family contact takes place safely and with the child's wellbeing as the priority.

Who Decides Whether an Overnight Stay Can Take Place?

The decision about whether a child who is fostered can stay overnight with their birth family is never made by one person alone. Instead, it involves everyone who has a role in the child's care, with the child's welfare always being the most important consideration.

The starting point is the child's legal status and Placement Plan. These set out who has the authority to make different decisions and whether an overnight stay can be considered. In many cases, the local authority will make the final decision, working alongside the child's social worker and, where appropriate, those with parental responsibility.

Birth parents are also involved where they hold parental responsibility, although the extent of their decision-making powers depends on the legal arrangements for the child. Foster parents play an important role too. As the people caring for the child every day, they can provide valuable insight into how the child is feeling, whether they are ready for an overnight stay and any practical considerations that should be taken into account.

Where appropriate, the child's own wishes and feelings will also be listened to. Depending on their age and understanding, they may have views about staying with their birth family, and these will form part of the decision-making process alongside any safeguarding considerations.

At Family Fostering Partners, you won't be expected to make these decisions on your own. Your supervising social worker will work closely with you, the child's social worker and everyone involved in the child's care to make sure arrangements are clear, well planned and focused on achieving the best possible outcome for the child.

What Factors Are Considered Before an Overnight Stay Is Approved?

Before a child who is fostered stays overnight with their birth family, professionals will carefully consider whether the arrangement is in the child's best interests. There isn't a checklist that guarantees an overnight stay will be approved. Instead, each decision is based on the child's individual needs, circumstances and wellbeing.

Some of the factors that may be considered include:

• The child's safety and wellbeing – Above all else, professionals must be confident that the child will be safe and supported throughout the overnight stay.
• The child's wishes and feelings – Where appropriate, the child's views will be listened to and taken into account alongside other important considerations.
• The child's legal status and Placement Plan – Any overnight stay must be consistent with the child's Care Plan and Placement Plan, which set out how decisions about family contact should be made and who has the authority to make them.
• The purpose of the overnight stay – Professionals will consider how the stay supports the child's relationships and whether it contributes positively to their care plan.
• Any safeguarding or risk assessments – If there are concerns about the child's safety or welfare, these will be fully assessed before any decision is made.
• The child's current emotional needs – The impact that the overnight stay may have on the child's routine, stability and emotional wellbeing will also be carefully considered.

Every child and family is different, which is why these decisions are never made using a one-size-fits-all approach. The aim is to support children to maintain important family relationships wherever it is safe and appropriate to do so, while ensuring their welfare remains the priority. If an overnight stay is being considered, foster parents will be involved in discussions and supported by their supervising social worker throughout the process.

Thinking About Becoming a Foster Parent?

If you're considering becoming a foster parent and would like to learn more about how fostering works, we're here to help. From explaining the assessment process to answering questions about family contact, support and everyday life as a foster parent, our experienced team will guide you every step of the way.

At Family Fostering Partners, you'll receive comprehensive training, ongoing support from a dedicated supervising social worker and access to 24/7 advice whenever you need it. We believe that with the right support, foster parents can provide the safe, stable and nurturing homes that children need to thrive.

Get in touch with Family Fostering Partners today to find out more about becoming a foster parent in Wales. We'd love to answer your questions and help you take the first step.

Birth Parents Frequently Asked Questions

Can birth parents visit their child while they are in foster care?

In many cases, yes. Contact between a child and their birth family is often encouraged where it is safe and in the child's best interests. The type and frequency of contact will depend on the child's individual circumstances and will be set out in their care plan.

Do birth parents lose parental responsibility when a child goes into foster care?

Not usually. If a child enters foster care, birth parents will often continue to have parental responsibility. However, how that responsibility is exercised depends on the child's legal status and whether the local authority also has parental responsibility under a care order.

Can foster parents arrange contact with a child's birth family?

No. Arrangements for family contact are agreed as part of the child's care planning. Foster parents play an important role in supporting these arrangements, but they should not make changes or organise additional contact without agreement from the child's social worker or local authority.

Can a child return home after being in foster care?

Yes, in some cases. If it is considered safe and in the child's best interests, children may return to live with their birth family. This is a carefully planned process involving the child, their family, the local authority and other professionals to help ensure a successful transition.