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The Looked After Children (Scotland) Regulations 2009

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Extension of emergency placement

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39.—(1) Where–

(a)a child has been placed in an emergency under regulation 36; and

(b)following a review of that placement carried out in accordance with regulation 38 the local authority are satisfied that placement with that carer continues to be in the best interests of the child,

the local authority may allow the placement to continue for a further period not exceeding 12 weeks beginning with the expiry of the period mentioned in regulation 36(1).

(2) The local authority must not allow the child to remain in the extended placement beyond the 12 week period referred to in paragraph (1) unless–

(a)in the case of a child placed under regulation 36(1)(a) the requirements specified in regulation 11 are met;

(b)in the case of a child placed under regulation 36(1)(b) the requirements specified in regulation 27 are met; or

(c)in the case of a child placed under regulation 36(1)(c) the authority–

(i)are satisfied that placement with that carer is in the best interests of the child;

(ii)have approved the carer as a kinship carer; and

(iii)are satisfied that the requirements specified in regulation 11 are met.

(3) Before the expiry of 6 weeks beginning with the expiry of the period mentioned in regulation 36(1) the authority must carry out a review of the child’s case by complying with the requirements in regulation 38(3).

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