Forming the
Foster Care
Committee in the Emirate of Dubai[1]
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We, Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of
Dubai, Chairman of the Judicial Council,
After perusal of:
Federal Law No. (28) of 2005 Concerning Family Affairs and its
amendments;
Federal Law No. (3) of 2016 Concerning the Rights of Children (“Wadeema’s Law”) and its Implementing
Bylaw;
Decree No. (35) of 2021 Designating the Head of the Local Judiciary in
the Emirate of Dubai for the Purposes of Implementing Federal Legislation;
Law No. (6) of 2005 Regulating the Dubai Courts and its amendments;
Law No. (8) of 2015 Concerning the Community Development Authority in
Dubai; and
Law No. (13) of 2016 Concerning the Judicial Authorities in the Emirate
of Dubai and its amendments,
Do hereby issue this Resolution.
The following words and expressions,
wherever mentioned in this Resolution, will have the meaning indicated opposite
each of them unless the context implies otherwise:
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UAE: |
The United Arab Emirates.
|
|
Emirate: |
The Emirate of
Dubai. |
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Courts: |
The Dubai Courts.
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Director |
The director of
the Courts. |
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CDA: |
The Community
Development Authority in Dubai. |
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Child: |
A human being
who is born alive and has not reached the age of eighteen (18) years.
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Foster Care: |
The protection,
nurturing, and care of a Child. This includes the protection of
his life and his physical, psychological, mental, and moral |
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Child Fostering: |
The provision of
Foster Care to a Child. |
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Foster Parent: |
A person who is awarded the
right of Child Fostering by the competent court in accordance with applicable legislation.
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Committee:
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The Foster Care
Committee formed pursuant to this Resolution. |
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Report: |
A report prepared
by the Committee on the eligibility of a prospect Foster Parent for Child
Fostering.
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a. A committee at the
Courts named the "Foster Care Committee” is hereby formed of
two (2)
representatives from the Courts nominated by the Director to
serve as the chairman
and vice chairman of the Committee; two (2) representatives from the CDA
nominated by the Director General of the CDA, of whom one
representative must be from the Child Protection Unit; and two (2) representatives
from the Dubai Police nominated by the Commander-in-Chief of the Dubai Police from
amongst the staff in charge of Child protection.
b. A rapporteur will be
appointed by the Director from amongst the employees of the
Courts. The
rapporteur will not have the right to vote on the resolutions or
recommendations of the Committee.
c. Where the position
of any member of the Committee falls vacant for any reason whatsoever, a
replacement member will be appointed in accordance with the procedures referred
to in paragraph (a) of this Article.
The Committee will have the duties and
powers to:
1. prepare a
detailed Report on the marital
status, the psychological and medical condition, and the
criminal record of any person applying for Child Fostering or to be awarded the
right of Child Fostering by the competent court;
2. verify, as
per the
procedures it adopts in this respect, including the
conduct of necessary tests, that the person applying for Child Fostering or to be awarded the
right of Child Fostering by the competent court has the necessary legal capacity;
3. seek assistance from
experts and specialists as it deems appropriate to assist it in performing its
duties. However, these experts and specialists will not have the right to vote
on the resolutions or recommendations of the Committee;
4. form sub-committees
and specialised work teams from amongst its members and determine the duties of
these sub-committees and work teams;
5. prepare the forms
required to enable it to exercise its duties and powers;
6. document its work
and data, and maintain the same for the period it determines; and
7. exercise any other
duties or powers that are assigned to it by the Director or the competent court
and that are related to Child Fostering.
a. Where
necessary, the Committee will convene at the invitation of its chairman, or vice
chairman in case of absence of the chairman.
b. The Committee will
convene at the head office of the Courts. It may
also convene at any other convenient place or through telecommunication means.
c. The Committee’s
meetings will be valid if attended by the majority of its members, provided
that its chairman or vice chairman and a representative of the Child
Protection Unit of the CDA are in attendance.
d. The Committee will
issue its resolutions and recommendations by majority vote of the attending
members; and in the event of a tie, the chair of the meeting will have a
casting vote.
e. The Committee’s
resolutions and recommendations will be recorded in minutes of meetings signed
by the chair of the meeting and attending members. Any dissenting opinion
expressed by a member must be recorded in the minutes of meetings.
f. The Committee’s
rapporteur will be responsible for sending invitations to the meetings of the
Committee, preparing its agendas, recording the minutes of its meetings,
following up the implementation of its resolutions and recommendations, and
performing any other duties assigned to him by the chairman of the Committee.
A Report will be issued in accordance
with the following procedures:
1. The competent court
considering the relevant dispute or the application for Child Fostering will
request the Committee to prepare the Report.
2. The Committee member
representing the Child Protection Unit of the CDA will conduct a field visit to
the applicant for Child Fostering or the person to be awarded the
right of Child Fostering by the competent court in order to verify his family, social, and economic
conditions; and his ability to meet the living, learning, and health needs
of the Child.
3. A certificate will
be issued by an
accredited medical facility to confirm that the applicant for Child Fostering
or the person to be awarded the right of Child Fostering by the competent court
is free from any disease that may endanger the life of the Child.
4. A valid certificate
of good conduct of the applicant for Child Fostering or the person to be awarded the
right of Child
Fostering by the competent court, as the case may be, will be submitted.
5. The applicant for
Child Fostering or the person to be awarded the right of Child Fostering
by the competent
court will sign a declaration, in the form prescribed by the Committee, stating that he has
not committed any crime outside of the UAE.
6. The applicant for
Child Fostering or the person to be awarded the right of Child Fostering by the competent
court will, at the time of applying for Child Fostering, submit a certificate
issued by the police station having jurisdiction over his neighbourhood stating that no
reports are filed against him, whether or not the relevant case is
concluded by providing an undertaking, serving a warning,
or closure of investigation.
7. After preparing the
Report, the rapporteur of the Committee will present the Report to the chairman
and members of the Committee for signature.
8. The Committee will
present the Report to the competent court that has requested the
Report.
All entities concerned with Children's
affairs in the Emirate must fully cooperate with the Committee, and provide it
with the data, information, and statistics requested by the Committee to enable
it to perform its duties under this Resolution and the above-mentioned Federal
Law No. (3) of 2016 and its Implementing Bylaw.
This Resolution comes into force on the
day on which it is issued, and will be published in the Official Gazette.
Maktoum bin Mohammed bin Rashid Al Maktoum
Deputy Ruler of Dubai
Chairman of the Judicial Council
Issued in Dubai on 15 April 2022
Corresponding to 14 Ramadan 1443 A.H.
©2022
The Supreme Legislation Committee in the Emirate of Dubai
[1]Every effort
has been made to produce an accurate and complete English version of this
legislation. However, for the purpose of its interpretation and application,
reference must be made to the original Arabic text. In case of conflict, the
Arabic text will prevail.