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Guidance on Looked After Children (Scotland) Regulations 2009 and the Adoption and Children (Scotland) Act 2007

DescriptionGuidance on the Looked After Children (Scotland) Regulations 2009 and Adoption and Children (Scotland) Act 2007
ISBN
Official Print Publication Date
Website Publication DateJune 01, 2010

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ISBN 978 0 7559 9387 1 (Web only publication)
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Contents

GUIDANCE ON LOOKED AFTER CHILDREN (SCOTLAND) REGULATIONS 2009 AND THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007

INTRODUCTION AND GENERAL THEMES AND PRINCIPLES
The welfare of the child is paramount
Consideration of the child's views
Minimum Necessary Intervention
Equality and Diversity
Avoidance of delay
Openness and transparency
Case Records
Establishing records
Retention of and access to records

LOOKED AFTER CHILDREN (SCOTLAND) REGULATIONS 2009

INTRODUCTION

ARRANGEMENT OF THE REGULATIONS

PART I GENERAL, REGULATIONS 1 AND 2

PART II CARE PLANNING, REGULATIONS 3 TO 5
Regulations 3 and 4 and Schedule 1, Information and Assessment
Regulation 5 and Schedule 2, Child's plan
The range and level of services to be provided
Child's Development
Health
Education
Other aspects of development
Parental Involvement for All Children who are Looked After
Parental responsibilities and rights for fathers and others
Relevant persons for the Children's Hearing system
Local authority's relationship with parents
Contact between Children and their Families
The statutory framework for contact
Purpose of contact
Planning contact
Restriction or termination of contact
Siblings/Children in the same family

PART III GENERAL MATTERS AFFECTING LOOKED AFTER CHILDREN, REGULATIONS 6 AND 7
Regulation 6, Death of a looked after child,
Notifying the Scottish Ministers
Notifying parents and other relevant persons
Arrangements for the funeral
Support of staff and carers involved with the child and family
Regulation 7, Recommendations by the local authority to the Principal Reporter

PART IV LOOKED AFTER CHILDREN CARED FOR BY PARENTS, REGULATIONS 8 AND 9
Regulation 8, Arrangements for children to be cared for by parents, etc
Children subject to home supervision
Aims of home supervision
Drawing up the plan
Planning Home Supervision Programmes
After the Hearing
The Child's plan
Delivering the Supervision Programme
Where the child's offending is a key issue
Where the child's protection is a key issue
Failure to attend school
Changes in circumstances
Ending and Withdrawing
Regulation 9, Notification of occurrences,

PART V KINSHIP CARE
Introduction
Financial issues
Regulations 10-16
Assessment and approval
Principles
Information to be gathered
Placement
Placement for permanence
Agreements with kinship carers
Kinship carer agreement
Placement agreement
Notifications of placements
Short term placements in kinship care
Case records for kinship carers

THE FOSTERING SERVICE - PARTS VI, VII, VIII AND XIII
Introduction
Recruitment of Foster Carers

PART VI FOSTERING PANELS, REGULATIONS 17 TO 20
Establishing the panel
Particular roles
Chairperson
Medical Advisers
Legal Advisers
Administrative support
Panel functioning
Decision making
Consideration of cases

PART VII FOSTERING, REGULATIONS 21 TO 32
Regulation 21, Foster carers,
Regulation 22 and Schedule 3, Approval of foster carers,
Who can apply?
Making an application
Staffing the fostering service
Assessments
Assessment process
Report to panel
Local authority decision about approval
Regulation 23, Derivative approval of foster carers
Regulation 24 and Schedule 6, Agreements with foster carers
Regulation 25, Reviews and termination of approval
Reviews
Training and support of foster carers
Where carers go beyond their terms of approval in an emergency
Frequency of checks etc within the review structure
Notifications
Termination of approval
Investigation of allegations about foster carers
Regulation 26, Review of approval: further provision
Differently constituted review panel and agency decision maker
Further representations
Regulation 27, Placement of child with foster carer,
Regulation 28, Death or absence of foster carer
Regulation 29, Notification of placement
Regulation 30, Short term placements with foster carers
Regulations 31 and 32, Case records for foster carers

PART VIII FOSTERING AND KINSHIP CARE ALLOWANCES
Regulation 33, Allowances

PART IX LOOKED AFTER CHILDREN PLACED IN RESIDENTIAL ESTABLISHMENTS, REGULATIONS 34 AND 35
Regulations 34 and 35, Children placed in residential establishments

PART X EMERGENCY MEASURES, REGULATIONS 36 TO 41
Regulations 36 to 41, Emergency placements
Contact and withholding child's address
Duty to provide information about the child
Identifying resources in an emergency
Placement with approved kinship carer
Placement with approved foster carer
Placement with unapproved carer
Placement in a residential establishment
Reviews of emergency placements
Three working day reviews
Six week reviews
Extension of emergency placements with carers
Suitability of placement in longer-term planning

PART XI CASE RECORDS, REGULATIONS 42 AND 43
Regulations 42 and 43, Case records for looked after children

PART XII REVIEW OF THE CHILD'S CASE, REGULATIONS 44 TO 47
Regulations 44 and 45, Reviews
Frequency of reviews under regulation 44
Frequency of reviews under regulation 45
Focus of reviews
A framework for reviews
Some special considerations
Reviews of children in kinship care
Reviews in planning for permanence
Regulation 46, Local Authority visits
Regulation 47, Termination of placement

PART XIII ARRANGEMENTS WITH REGISTERED FOSTERING SERVICES
Regulation 48, Arrangements with registered fostering service
Suitability of the arrangements to discharge the local authority duties and functions
Capacity of the registered fostering service
Written agreements
Regulation 49, Visits by local authorities

ADOPTION REGULATIONS GUIDANCE

Introduction

Adoption Agencies (Scotland) Regulations 2009

Part II: Adoption Panels
Medical Adviser
Legal Adviser
Chairperson
Minute Taker
Principles
Adoption as meeting the best interests of the child throughout his/her lifetime
Consideration of the alternatives
Duties under section 14 of the 2007 Act
Contact
Key functions of the panel and agency covered in regulations
Assessment and approval of prospective adopters
Who to assess
Content of the assessment
Some considerations arising from Schedule 1 Part 1
Approval process
Review of approval
Review of agency decisions
Review of approved adopters
Duties when considering adoption for a child
Relinquished infants
Adoption by step parents and relatives
Adoption of looked after children

Part VI: Application for a permanence order giving authority for adoption
Child not subject to a supervision order
Referral to the Reporter
Areas to take into consideration
Implications at different stages of seeking a permanence order
Likelihood of placement

Part VII: Placement for adoption
Ongoing work prior to matching
Work following matching
Information for adopters
Notifications
Duties of the adoption agency following placement
Case records
Agency considerations

THE ADOPTION SUPPORT SERVICES AND ALLOWANCES (SCOTLAND) REGULATIONS 2009

Part II: Adoption Support Services
Planning
Assessment
Making support plans
At the point of matching
When the adoption order is granted
Obtaining support post-adoption
Nature of adoption support services
Responding to a request for an assessment
Initial response
Notice of the proposed plan
Notification of a decision
Reassessment and reviews
Procedures

Part III: Adoption Allowances
Adoption Allowances
Circumstances in which allowances may be paid
Financial assessment
Remuneration for former foster carers and kinship carers
Notification of decision
Review and termination

ANNEX A: CHILD'S PLAN IN KINSHIP CARE
ANNEX B: THE CHILD'S PLAN AND KINSHIP CARE ASSESSMENT
ANNEX C: PERMANENCE PROCESSES FOR POS AND ADOPTION
ANNEX D: PO/CHILDREN'S HEARING INTERFACE