# The Care Leavers (Wales) Regulations 2015, Regulation 3: Category 2 young persons


(1) For the purposes of section 104(6)(a) of the Act, children falling within paragraph (2) are an additional category of category 2 young person.
(2) Subject to paragraph (3), a child falls within this paragraph if—
(a) the child is aged 16 or 17,
(b) the child is not subject to a care order, and
(c) on attaining the age of 16 the child was detained, or in hospital, and immediately before being detained or admitted to hospital had been looked after by a local authority for a period or periods amounting in total to at least 13 weeks, which began after the child attained the age of 14.
(3) In calculating the period of 13 weeks referred to in paragraph (2)(c), no account is to be taken of any period in which the child was looked after by a local authority or a local authority in England in the course of a pre-planned series of short-term placements, none of which individually exceeded four weeks, where at the end of the each such placement the child returned to the care of their parent or a person who is not a parent but who has parental responsibility for them.
(4) Subject to paragraph (5), a child who has lived for a continuous period of six months or more (whether that period commenced before or after they ceased to be looked after) with—
(a) their parent,
(b) someone who is not their parent but who has parental responsibility for them, or
(c) where they were in care and there was a child arrangements order in force immediately before the care order was made, a person named in the child arrangements order as the person with whom they were to live,
is not to be treated as a category 2 young person despite falling within the definition set out in section 104(2) of the Act.
(5) Where living arrangements described in paragraph (4) break down and the child ceases to live with the person concerned, the child is to be treated as a category 2 young person.
(6) For the purposes of paragraph (4), a child arrangements order is one that consists of, or includes, arrangements relating to either or both of the following—
(a) with whom the child is to live, and
(b) when the child is to live with any person.
(7) For the purposes of this regulation—
“child arrangements order” (“gorchymyn trefniadau plentyn”) has the meaning given in section 8(1) of the Children Act 1989; and
“hospital” (“ysbyty”) has the same meaning as in the Mental Health Act 1983.

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Source: https://www.legislation.gov.uk/wsi/2015/1820/regulation/3 (the official version)
Page: https://openlegislation.uk/care-leavers-wales-regulations-2015/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.