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Scottish Statutory Instruments

2009 No. 210

CHILDREN AND YOUNG PERSONS

SOCIAL WORK

The Looked After Children (Scotland) Regulations 2009

Made

2nd June 2009

Laid before the Scottish Parliament

3rd June 2009

Coming into force

28th September 2009

ARRANGEMENT OF REGULATIONS

Go to Preamble

  1. PART I

    GENERAL

    1. 1. Citation and commencement

    2. 2. Interpretation

  2. PART II

    CARE PLANNING

    1. 3. Information to be obtained by the local authority in respect of a child to be or being looked after by them

    2. 4. Assessment

    3. 5. Child’s plan

  3. PART III

    GENERAL MATTERS AFFECTING LOOKED AFTER CHILDREN

    1. 6. Death of a looked after child

    2. 7. Recommendations by local authority to Principal Reporter

  4. PART IV

    LOOKED AFTER CHILDREN CARED FOR BY PARENTS

    1. 8. Arrangements for child to be cared for by parents

    2. 9. Notification of occurrences involving the child

  5. PART V

    KINSHIP CARE

    1. 10. Kinship carers

    2. 11. Placement of child with kinship carer

    3. 12. Agreement with kinship carers

    4. 13. Notification of placement with kinship carer

    5. 14. Short-term placements in kinship care

    6. 15. Establishment of case records for kinship carers

    7. 16. Retention and confidentiality of case records for kinship carers

  6. PART VI

    FOSTERING PANELS

    1. 17. Appointment and composition of fostering panels

    2. 18. Meetings of the fostering panel

    3. 19. Appointment of medical advisers

    4. 20. Functions of the fostering panel

  7. PART VII

    FOSTERING

    1. 21. Foster carers

    2. 22. Approval of foster carers

    3. 23. Derivative approval of foster carers

    4. 24. Agreements with foster carers

    5. 25. Reviews and termination of approval

    6. 26. Review of approval: further provision

    7. 27. Placement of child with foster carer

    8. 28. Death or absence of the foster carer: continuation of placement

    9. 29. Notification of placement with foster carer

    10. 30. Short-term placements with foster carers

    11. 31. Establishment of case records for foster carers

    12. 32. Retention and confidentiality of case records for foster carers

  8. PART VIII

    FOSTERING AND KINSHIP CARE ALLOWANCES

    1. 33. Fostering and kinship care allowances

  9. PART IX

    LOOKED AFTER CHILDREN PLACED IN RESIDENTIAL ESTABLISHMENTS

    1. 34. Child placed in a residential establishment: notification

    2. 35. Child placed in residential establishment: information to be supplied

  10. PART X

    EMERGENCY MEASURES

    1. 36. Emergency placement with carer

    2. 37. Emergency placement in residential establishment

    3. 38. Review of emergency placement under regulation 36

    4. 39. Extension of emergency placement

    5. 40. Notification of an extended emergency placement

    6. 41. Review of emergency placement under regulation 37

  11. PART XI

    CASE RECORDS

    1. 42. Establishment of case records for looked after children

    2. 43. Retention and confidentiality of records

  12. PART XII

    REVIEW OF CHILD'S CASE

    1. 44. Review of child’s case: child cared for by parents or persons with parental responsibilities and parental rights

    2. 45. Review of the child’s case: child placed with kinship carer, foster carer or in a residential establishment

    3. 46. Local authority visits: child in placement

    4. 47. Termination of placement

  13. PART XIII

    ARRANGEMENTS WITH REGISTERED FOSTERING SERVICES

    1. 48. Arrangements with registered fostering services

    2. 49. Visits by local authorities

  14. PART XIV

    TRANSITIONAL AND SAVINGS PROVISION

    1. 50. Cases in progress under the Arrangements to Look After Children Regulations or the Fostering Regulations

    2. 51. Fostering allowances

  15. PART XV

    MISCELLANEOUS

    1. 52. Revocation

    1. SCHEDULE 1

      INFORMATION RELATING TO THE CHILD

    2. SCHEDULE 2

      MATTERS TO BE SPECIFIED IN THE CHILD'S PLAN

      1. PART I

        MATTERS TO BE ADDRESSED IN THE CHILD'S PLAN TO BE MADE AND REVIEWED FOR A CHILD BEING LOOKED AFTER BY A LOCAL AUTHORITY

      2. PART II

        MATTERS TO BE ADDRESSED IN THE CHILD'S PLAN TO BE MADE AND REVIEWED FOR A CHILD PLACED BY A LOCAL AUTHORITY

    3. SCHEDULE 3

      INFORMATION AS TO PROSPECTIVE FOSTER CARER OR KINSHIP CARER AND OTHER MEMBERS OF THE HOUSEHOLD AND FAMILY

    4. SCHEDULE 4

      MATTERS AND OBLIGATIONS TO BE COVERED IN FOSTER AND KINSHIP PLACEMENT AGREEMENTS

    5. SCHEDULE 5

      MATTERS AND OBLIGATIONS IN KINSHIP CARER AGREEMENTS

    6. SCHEDULE 6

      MATTERS AND OBLIGATIONS IN FOSTER CARER AGREEMENTS

    7. SCHEDULE 7

      ARRANGEMENTS WITH REGISTERED FOSTERING SERVICES

      1. PART I

        MATTERS AND OBLIGATIONS IN AGREEMENTS WITH REGISTERED FOSTERING SERVICES

      2. PART II

        MATTERS AND OBLIGATIONS IN AGREEMENTS WITH REGISTERED FOSTERING SERVICES WHERE ARRANGEMENT MADE IN RESPECT OF A PARTICULAR CHILD

Go to Explanatory Note

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 5(2), (3) and (4) of the Social Work (Scotland) Act 1968(1), sections 17(2) and (3), 31 and 103(2) and (3) of the Children (Scotland) Act 1995(2) and sections 110 and 117 of the Adoption and Children (Scotland) Act 2007(3) and all other powers enabling them to do so.

(1)

1968 c. 49. Subsections (3) to (5) of section 5 were substituted by the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 5(4)(d). Subsection (2) of section 5 was substituted by the Children Act 1975 c. 72, Schedule 3, paragraph 49. Subsection (2)(c) of section 5 was substituted by the Local Government etc. (Scotland) Act 1994 c. 39, section 180(1), Schedule 13, paragraph 76(3)(c) and is amended by the Adoption and Children (Scotland) Act 2007 asp 4, section 120(1), schedule 2, paragraph 2. Subsection (2)(c) of section 5 was amended by the Children (Scotland) Act 1995 c. 36, section 105(4), Schedule 4, paragraph 15(4)(c). Subsection (2)(d) of section 5 was repealed by the Children Act 1989 (c. 41), section 108(7), Schedule 15. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 c. 46. Back [1]

(2)

1995 c. 36. Section 17 is prospectively amended by the Adoption and Children (Scotland) Act 2007 (asp 4), section 120(1), Schedule 2, paragraph 9. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. Back [2]

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