The Looked After Children (Scotland) Regulations 2009

Death or absence of the foster carer: continuation of placement

This section has no associated Executive Note

28.—(1) This regulation applies where a local authority place a child with a foster carer in accordance with regulation 27 and that foster carer dies or ceases to live in the household following the placement.

(2) The local authority may allow the child to remain in the household where paragraph (3) applies until such time as a member of that household is approved as a kinship carer or foster carer or the local authority determine that the child should be placed with another carer in accordance with these Regulations or in a residential establishment.

(3) This paragraph applies where–

(a)the local authority are satisfied that–

(i)it is in the best interests of the child to be cared for by another member of the foster carer’s household; and

(ii)the household member should be considered for approval as a kinship carer or a foster carer; and

(b)the household member has signed a written agreement to carry out the duties in regulation 36(3).