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The Fostering Services (Wales) Regulations 2003

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  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation, commencement and application

    2. 2.Interpretation

    3. 3.Statement of purpose and children’s guide

    4. 4.Review of statement of purpose and children’s guide

  3. PART II REGISTERED PERSONS AND MANAGEMENT OF LOCAL AUTHORITY FOSTERING SERVICE

    1. 5.Fostering agency — fitness of provider

    2. 6.Fostering agency — appointment of manager

    3. 7.Fostering agency — fitness of manager

    4. 8.Registered person — general requirements

    5. 9.Notification of offences

    6. 10.Local authority fostering service — manager

  4. PART III CONDUCT OF FOSTERING SERVICE

    1. 11.Independent fostering agency — duty to secure welfare

    2. 12.Arrangements for the protection of children

    3. 13.Behaviour management and absence from foster parent’s home

    4. 14.Duty to promote contact

    5. 15.Health of children placed with foster parents

    6. 16.Education, employment and leisure activities

    7. 17.Support, training and information for foster parents

    8. 18.Independent fostering agencies — complaints and representations

    9. 19.Staffing of fostering service

    10. 20.Fitness of workers

    11. 21.Employment of staff

    12. 22.Records with respect to fostering services

    13. 23.Fitness of premises

  5. PART IV APPROVAL OF FOSTER PARENTS

    1. 24.Establishment of fostering panel

    2. 25.Meetings of fostering panel

    3. 26.Functions of fostering panel

    4. 27.Assessment of prospective foster parents

    5. 28.Approval of foster parents

    6. 29.Reviews and terminations of approval

    7. 30.Case records relating to foster parents and others

    8. 31.Register of foster parents

    9. 32.Retention and confidentiality of records

  6. PART V PLACEMENTS

    1. 33.General duty of responsible authority

    2. 34.Making of placements

    3. 35.Supervision of placements

    4. 36.Termination of placements

    5. 37.Short term placements

    6. 38.Emergency and immediate placements by local authorities

    7. 39.Placements outside Wales

    8. 40.Independent fostering agencies — discharge of local authority functions

  7. PART VI LOCAL AUTHORITY VISITS

    1. 41.Local authority visits to children placed by voluntary organisations

  8. PART VII FOSTERING AGENCIES (MISCELLANEOUS)

    1. 42.Review of quality of care

    2. 43.Notifiable events

    3. 44.Financial position

    4. 45.Notice of absence

    5. 46.Notice of changes

    6. 47.Appointment of liquidators etc

    7. 48.Offences

    8. 49.Compliance with regulations

  9. PART VIII MISCELLANEOUS

    1. 50.Registration

    2. 51.Fees

    3. 52.Transitional Provisions

    4. 53.Revocation

  10. Signature

    1. SCHEDULE 1

      INFORMATION REQUIRED IN RESPECT OF PERSONS SEEKING TO CARRY ON, MANAGE OR WORK FOR THE PURPOSES OF A FOSTERING SERVICE

      1. 1.Positive proof of identity including a recent photograph.

      2. 2.Either— (a) where the certificate is required for a purpose...

      3. 3.Two written references, including a reference from the person’s most...

      4. 4.Where a person has previously worked in a position whose...

      5. 5.Documentary evidence of any relevant qualification.

      6. 6.A full employment history, together with a satisfactory written explanation...

    2. SCHEDULE 2

      RECORDS TO BE KEPT BY FOSTERING SERVICE PROVIDERS

      1. 1.A record in the form of a register showing in...

      2. 2.A record of all persons working for the fostering service...

      3. 3.A record of all accidents occurring to children whilst placed...

    3. SCHEDULE 3

      INFORMATION AS TO PROSPECTIVE FOSTER PARENT AND OTHER MEMBERS OF THE PROSPECTIVE FOSTER PARENT'S HOUSEHOLD AND FAMILY

      1. 1.The prospective foster parent’s full name, address and date of...

      2. 2.Details of that person’s health (supported by a medical report),...

      3. 3.Particulars of any other adult members of that person’s household....

      4. 4.Particulars of the children in that person’s family, whether or...

      5. 5.Particulars of that person’s accommodation.

      6. 6.That person’s religious persuasion, the degree of his or her...

      7. 7.That person’s racial origin, his or her cultural and linguistic...

      8. 8.That person’s past and present employment or occupation, and his...

      9. 9.That person’s previous experience (if any) of caring for his...

      10. 10.That person’s skills, competence and potential relevant to his or...

      11. 11.The outcome of any request or application made by that...

      12. 12.The names and addresses of two persons who will provide...

      13. 13.In relation to the prospective foster parent and each member...

    4. SCHEDULE 4

      OFFENCES SPECIFIED FOR THE PURPOSES OF REGULATION 27(7)(b)

      1. 1.Offences in Scotland

      2. 2.An offence specified in Schedule 1 to the Criminal Procedure...

      3. 3.An offence of plagium (theft of a child below the...

      4. 4.Section 52 or 52A of the Civic Government (Scotland) Act...

      5. 5.An offence under section 3 of the Sexual Offences (Amendment)...

      6. 6.Offences in Northern Ireland

      7. 7.An offence specified in Schedule 1 to the Children and...

      8. 8.An offence under Article 3 of the Protection of Children...

      9. 9.An offence contrary to Article 9 of the Criminal Justice...

      10. 10.An offence contrary to Article 15 of the Criminal Justice...

      11. 11.An offence under section 3 of the Sexual Offences (Amendment)...

    5. SCHEDULE 5

      MATTERS AND OBLIGATIONS IN FOSTER CARE AGREEMENTS

      1. 1.The terms of the foster parent’s approval.

      2. 2.The amount of support and training to be given to...

      3. 3.The procedure for the review of approval of a foster...

      4. 4.The procedure in connection with the placement of children and...

      5. 5.The arrangements for meeting any legal liabilities of the foster...

      6. 6.The procedure available to foster parents for making representations.

      7. 7.To give written notice to the fostering service provider forthwith,...

      8. 8.Not to administer corporal punishment to any child placed with...

      9. 9.To ensure that any information relating to a child placed...

      10. 10.To comply with the terms of any foster placement agreement....

      11. 11.To care for any child placed with the foster parent...

      12. 12.To comply with the policies and procedures of the fostering...

      13. 13.To co-operate as reasonably required with the National Assembly and...

      14. 14.To keep the fostering service provider informed about the child’s...

      15. 15.Where regulation 36 applies, to allow any child placed with...

    6. SCHEDULE 6

      MATTERS AND OBLIGATIONS IN FOSTER PLACEMENT AGREEMENTS

      1. 1.A statement by the responsible authority containing all the information...

      2. 2.The responsible authority’s arrangements for the financial support of the...

      3. 3.The arrangements for giving consent to the medical or dental...

      4. 4.The circumstances in which it is necessary to obtain in...

      5. 5.The arrangements for visits to the child, in connection with...

      6. 6.The arrangements for the child to have contact with his...

      7. 7.Compliance by the foster parent with the terms of the...

      8. 8.Co-operation by the foster parent with the responsible authority regarding...

    7. SCHEDULE 7

      MATTERS TO BE MONITORED BY THE REGISTERED PERSON

      1. 1.Compliance in relation to each child placed with foster parents,...

      2. 2.All accidents, injuries and illnesses of children placed with foster...

      3. 3.Complaints in relation to children placed with foster parents and...

      4. 4.Any allegations or suspicions of abuse in respect of children...

      5. 5.Staff recruitment records and conduct of required checks for new...

      6. 6.Notifications of the events listed in Schedule 8.

      7. 7.Any unauthorised absence from the foster home of a child...

      8. 8.Use of any measures of control, restraint or discipline in...

      9. 9.Medication, medical treatment and first aid administered to any child...

      10. 10.Where applicable, the standard of any educational provision provided by...

      11. 11.Records of assessments.

      12. 12.Records of fostering panel meetings.

      13. 13.Duty rosters of persons working for the fostering agency, as...

      14. 14.Records of staff appraisals.

      15. 15.Minutes of staff meetings.

    8. SCHEDULE 8

      EVENTS AND NOTIFICATIONS

  12. Explanatory Note

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