Bir koruma tedbiri olarak koruyucu aile kurumu ve koruyucu aile yönetmeliği

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 causein consistency 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.