The Looked After Children (Scotland) Regulations 2009

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation

3. 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

   4. 5A. Duty to place siblings together

4. 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

5. PART IV LOOKED AFTER CHILDREN CARED FOR BY PARENTS

   1. 8. Arrangements for child to be cared for by parents or persons with parental rights and parental responsibilities

   2. 9. Notification of occurrences involving the child

6. 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

7. PART VI FOSTERING PANELS

   1. 17. Appointment and composition of fostering panels

   2. 18. Meetings of the fostering panel

   3. 19. Appointment of medical and legal advisers

   4. 20. Functions of the fostering panel

8. 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. 27A. Placement limit

   9. 27B. Exceptional approval of foster carer

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

   11. 29. Notification of placement with foster carer

   12. 30. Short-term placements with foster carers

   13. 31. Establishment of case records for foster carers

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

9. PART VIII FOSTERING AND KINSHIP CARE ALLOWANCES

   1. 33. Fostering and kinship care allowances

10. 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

11. 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

12. PART XI CASE RECORDS

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

    2. 43. Retention and confidentiality of records

13. 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

14. PART XIII ARRANGEMENTS WITH REGISTERED FOSTERING SERVICES

    1. 48. Arrangements with registered fostering services

    2. 49. Visits by local authorities

15. 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

16. PART XV MISCELLANEOUS

    1. 52. Revocation

17. Signature

18. 1. SCHEDULE 1

       INFORMATION RELATING TO THE CHILD

       1. 1. Name, sex, date and place of birth and present address...

       2. 2. Nationality, race, religion and language.

       3. 3. Physical description.

       4. 4. Present legal status of the child, including any statutory responsibility...

       5. 5. Why consideration is to be given to the child being...

       6. 6. Previous history of involvement of the child with any local...

       7. 7. Details of any sibling of the child, including their dates...

       8. 8. The extent of contact with members of the child's family...

       9. 9. The child's health history, current state of health and development...

       10. 10. The child's education history and current arrangements for provision of...

       11. 11. Personality and social development.

       12. 12. Interests and recreational activities.

    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

          1. 1. The local authority's immediate and longer-term plans for the child....

          2. 2. Details of any services to be provided to meet the...

          3. 3. The respective responsibilities of– (a) the 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

          1. 4. The type of accommodation to be provided and its address...

          2. 5. The contribution the child's parents or any other person will...

          3. 6. The arrangements for involving those persons and the child in...

          4. 7. The arrangements for contact between the child and any of...

          5. 8. The expected duration of arrangements and the steps which should...

    3. SCHEDULE 3

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

       1. 1. Full name, date of birth, health (supported by a medical...

       2. 2. Particulars of the other adult members of the household and...

       3. 3. Particulars of the children in the family, whether or not...

       4. 4. Address and particulars of the prospective foster or kinship carer's...

       5. 5. Religious persuasion, degree of religious observance and capacity to care...

       6. 6. Racial origin, cultural and linguistic background and capacity to care...

       7. 7. Past and present employment or occupation, and standard of living....

       8. 8. Leisure activities and interests.

       9. 9. Present capacity to care for the prospective foster or kinship...

       10. 10. Details of any criminal offences of which the person has...

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

       12. 12. Particulars of any previous approval under regulation 22(3) or 23,...

       13. 13. An analysis of the motivation of the prospective foster or...

       14. 14. References from third parties as to the character of the...

    4. SCHEDULE 4

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

       1. 1. The provision by the local authority of a statement containing...

       2. 2. The local authority's arrangements for the financial support of the...

       3. 3. Any arrangements for delegation of parental responsibility for consent to...

       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 their...

       7. 7. Compliance by the foster or kinship carer with the terms...

       8. 8. Co operation by the foster or kinship carer with any...

    5. SCHEDULE 5

       MATTERS AND OBLIGATIONS IN KINSHIP CARER AGREEMENTS

       1. 1. The support and training to be given to the kinship...

       2. 2. The procedure for the review of the child's placement with...

       3. 3. The procedure for placement with the kinship carer and in...

       4. 4. The kinship carer's obligation to give written notice to the...

       5. 5. The kinship carer's obligation– (a) not to administer corporal punishment...

    6. SCHEDULE 6

       MATTERS AND OBLIGATIONS IN FOSTER CARER AGREEMENTS

       1. 1. The support and training to be given to the foster...

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

       3. 3. The procedure for handling of complaints against foster carers.

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

       5. 5. The foster carer's obligation to give written notice to the...

       6. 6. The foster carer's obligation– (a) not to administer corporal punishment...

    7. SCHEDULE 7

       ARRANGEMENTS WITH REGISTERED FOSTERING SERVICES

       1. PART I MATTERS AND OBLIGATIONS IN AGREEMENTS WITH REGISTERED FOSTERING SERVICES

          1. 1. The duties the local authority propose to delegate to the...

          2. 2. The services to be provided to the local authority by...

          3. 3. The arrangements for the selection by the local authority of...

          4. 4. The requirements for the registered fostering service to submit reports...

          5. 5. The arrangements for the termination of the agreement.

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

          1. 6. Details of the foster carer with whom the child is...

          2. 7. Details of any services the child is to receive.

          3. 8. The terms of the proposed foster agreement and foster placement....

19. Explanatory Note