The Looked After Children (Scotland) Regulations 2009 No. 210

Regulations 11 and 27

SCHEDULE 4 S MATTERS AND OBLIGATIONS TO BE COVERED IN FOSTER AND KINSHIP PLACEMENT AGREEMENTS

1.  The provision by the local authority of a statement containing all information which the local authority consider necessary to enable the foster or kinship carer to care for the child and, in particular, information as to– S

(a) the child's plan prepared in accordance with regulation 5 and the objectives of the placement;

(b) the details of any [F1 order or warrant made by the children’s hearing or sheriff under the 2011 Act or other] court order in relation to the child;

(c) the child's personal history, religious persuasion, cultural and linguistic background and racial origin;

(d) the child's state of health and need for health care and surveillance and the name of the child's doctor during the foster placement; and

(e) the child's educational needs,

including a requirement for the statement to be provided either at the time of the signing of the agreement or, where this is not practicable, within the following 14 days.

Textual Amendments

F1 Words in sch. 4 para. 1(b) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Subordinate Legislation) Order 2013 (S.S.I. 2013/147), art. 1, sch. para. 11(16)(a); S.S.I. 2013/195, arts. 2, 3

2.  The local authority's arrangements for the financial support of the child during placement. S

3.  Any arrangements for delegation of parental responsibility for consent to the medical or dental examination or treatment of the child, or consent to the child's engaging in any activity. S

4.  The circumstances in which it is necessary to obtain in advance the approval of the local authority for the child to live, even temporarily, away from the foster or kinship carer's home or for someone else temporarily to take care of the child. S

5.  The arrangements for visits to the child, in connection with the supervision of the placement, by the person authorised by or on behalf of the local authority and the frequency of visits and reviews. S

F2 6.  The arrangements for the child to have contact with their parents and other persons, including any arrangements in pursuance of section 17(1)(c) [F3 or (d)] of the 1995 Act or any contact (within the meaning of section 11(1) and (2)(d) of the 1995 Act with any other person), or any [F4 contact direction contained within a compulsory supervision order, interim compulsory supervision order, medical examination order or child protection order.] S

Textual Amendments

F2 By The Children’s Hearings (Scotland) Act 2011 (Modification of Subordinate Legislation) Order 2014 (S.S.I. 2014/112), sch. para. 2(3), it is provided that (2.6.2014) the words “an order containing (or that is varied so as to contain) a measure of the type mentioned in section 83(2)(g) or 87(2)(e) of the 2011 Act” are substituted for the words “terms of section 70(5)(b) of the 1995 Act”

F3 Words in sch. 4 para. 6 inserted (26.7.2021) by The Looked After Children (Scotland) Amendment Regulations 2021 (S.S.I. 2021/103), regs. 1(3), 3(13)

F4 Words in sch. 4 para. 6 substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Subordinate Legislation) Order 2013 (S.S.I. 2013/147), art. 1, sch. para. 11(16)(b); S.S.I. 2013/195, arts. 2, 3

7.  Compliance by the foster or kinship carer with the terms of the agreement set out in Schedule 5 [F5 or 6]. S

Textual Amendments

F5 Words in sch. 4 para. 7 inserted (28.9.2009) by The Looked After Children (Scotland) Amendment Regulations 2009 (S.S.I. 2009/290), regs. 1, 2(6)

8.  Co operation by the foster or kinship carer with any arrangements made by the local authority. S