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Children and Young People (Scotland) Act 2014

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This is the original version (as it was originally enacted).

71Assistance in relation to kinship care orders

This section has no associated Explanatory Notes

(1)A local authority must make arrangements to secure that kinship care assistance is made available for a person residing in its area who falls within subsection (3).

(2)“Kinship care assistance” is assistance of such description as the Scottish Ministers may by order specify.

(3)A person falls within this subsection if the person is—

(a)a person who is applying for, or considering applying for, a kinship care order in relation to an eligible child who has not attained the age of 16 years,

(b)an eligible child who has not attained the age of 16 years who is the subject of a kinship care order,

(c)a person in whose favour a kinship care order in relation to an eligible child who has not attained the age of 16 years subsists,

(d)a child who has attained the age of 16 years, where—

(i)immediately before doing so, the child was the subject of a kinship care order, and

(ii)the child is an eligible child,

(e)a person who is a guardian by virtue of an appointment under section 7 of the 1995 Act of an eligible child who has not attained the age of 16 years (but this is subject to subsection (4)),

(f)an eligible child who has a guardian by virtue of an appointment under section 7 of the 1995 Act.

(4)Subsection (3)(e) does not include a person who is also a parent of the child.

(5)An “eligible child” is a child who the local authority considers—

(a)to be at risk of becoming looked after, or

(b)to fall within such other description as the Scottish Ministers may by order specify.

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