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The Fostering Services (Wales) Regulations 2003

W.S.I. 2003/237 · Made 6 February 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL CARE, WALES

CHILDREN AND YOUNG PERSONS, WALES

Made 6th February 2003

Coming into force 1st April 2003

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 16(2), 22(1), (2)(a) to (c), (e) to (j), (6), (7)(a) to (h), (j), 25(1), 34(1), 35(1), 48(1), 118(5), (6) and (7) of the Care Standards Act 2000f1 and sections 23(2)(a) and (9), 59(2) and 62(3) of, and paragraph 12 of Schedule 2 to, the Children Act 1989f2,and having consulted such persons as it considers appropriatef3, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2000 c. 14.These powers are exercisable by the appropriate Minister, who is defined in section 121(1) of the Care Standards Act, in relation to England, Scotland and Northern Ireland, as the Secretary of State, and in relation to Wales, as the National Assembly for Wales. “Prescribed” and “regulations” are defined in section 121(1) of that Act.

f2

1989 c. 41. Functions of the Secretary of State under the 1989 Act are made exercisable by the National Assembly for Wales by virtue of the inclusion of the 1989 Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions Order) 1999 (S.I. 1999/672) (see article 2(a) of the 1999 Order and section 22(1) of the Government of Wales 1998 (c. 38).

f3

See section 22(9) of the 2000 Act for the requirement to consult.

Contents

  1. Part I: GENERAL
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. 3Statement of purpose and children’s guide
  5. 4Review of statement of purpose and children’s guide
  6. Part II: REGISTERED PERSONS AND MANAGEMENT OF LOCAL AUTHORITY FOSTERING SERVICE
  7. 5Fostering agency — fitness of provider
  8. 6Fostering agency — appointment of manager
  9. 7Fostering agency — fitness of manager
  10. 8Registered person — general requirements
  11. 9Notification of offences
  12. 10Local authority fostering service — manager
  13. Part III: CONDUCT OF FOSTERING SERVICE
  14. 11Independent fostering agency — duty to secure welfare
  15. 12Arrangements for the protection of children
  16. 13Behaviour management and absence from foster parent’s home
  17. 14Duty to promote contact
  18. 15Health of children placed with foster parents
  19. 16Education, employment and leisure activities
  20. 17Support, training and information for foster parents
  21. 18Independent fostering agencies — complaints and representations
  22. 19Staffing of fostering service
  23. 20Fitness of workers
  24. 21Employment of staff
  25. 22Records with respect to fostering services
  26. 23Fitness of premises
  27. Part IV: APPROVAL OF FOSTER PARENTS
  28. 24Establishment of fostering panel
  29. 25Meetings of fostering panel
  30. 26Functions of fostering panel
  31. 27Assessment of prospective foster parents
  32. 28Approval of foster parents
  33. 29Reviews and terminations of approval
  34. 30Case records relating to foster parents and others
  35. 31Register of foster parents
  36. 32Retention and confidentiality of records
  37. Part V: PLACEMENTS
  38. 33General duty of responsible authority
  39. 34Making of placements
  40. 35Supervision of placements
  41. 36Termination of placements
  42. 37Short term placements
  43. 38Emergency and immediate placements by local authorities
  44. 39Placements outside Wales
  45. 40Independent fostering agencies — discharge of local authority functions
  46. Part VI: LOCAL AUTHORITY VISITS
  47. 41Local authority visits to children placed by voluntary organisations
  48. Part VII: FOSTERING AGENCIES (MISCELLANEOUS)
  49. 42Review of quality of care
  50. 43Notifiable events
  51. 44Financial position
  52. 45Notice of absence
  53. 46Notice of changes
  54. 47Appointment of liquidators etc
  55. 48Offences
  56. 49Compliance with regulations
  57. Part VIII: MISCELLANEOUS
  58. 50Registration
  59. 51Fees
  60. 52Transitional Provisions
  61. 53Revocation
  62. Signature
  63. Schedule 1: INFORMATION REQUIRED IN RESPECT OF PERSONS SEEKING TO CARRY ON, MANAGE OR WORK FOR THE PURPOSES OF A FOSTERING SERVICE
  64. 1Paragraph 1
  65. 2Paragraph 2
  66. 3Paragraph 3
  67. 4Paragraph 4
  68. 5Paragraph 5
  69. 6Paragraph 6
  70. Schedule 2: RECORDS TO BE KEPT BY FOSTERING SERVICE PROVIDERS
  71. 1Paragraph 1
  72. 2Paragraph 2
  73. 3Paragraph 3
  74. Schedule 3: INFORMATION AS TO PROSPECTIVE FOSTER PARENT AND OTHER MEMBERS OF THE PROSPECTIVE FOSTER PARENT'S HOUSEHOLD AND FAMILY
  75. 1Paragraph 1
  76. 2Paragraph 2
  77. 3Paragraph 3
  78. 4Paragraph 4
  79. 5Paragraph 5
  80. 6Paragraph 6
  81. 7Paragraph 7
  82. 8Paragraph 8
  83. 9Paragraph 9
  84. 10Paragraph 10
  85. 11Paragraph 11
  86. 12Paragraph 12
  87. 13Paragraph 13
  88. Schedule 4: OFFENCES SPECIFIED FOR THE PURPOSES OF REGULATION 27(7)(b)
  89. 1Offences in Scotland
  90. 2Offences in Scotland
  91. 3Offences in Scotland
  92. 4Offences in Scotland
  93. 5Offences in Scotland
  94. 6Offences in Northern Ireland
  95. 7Offences in Northern Ireland
  96. 8Offences in Northern Ireland
  97. 9Offences in Northern Ireland
  98. 10Offences in Northern Ireland
  99. 11Offences in Northern Ireland
  100. Schedule 5: MATTERS AND OBLIGATIONS IN FOSTER CARE AGREEMENTS
  101. 1Paragraph 1
  102. 2Paragraph 2
  103. 3Paragraph 3
  104. 4Paragraph 4
  105. 5Paragraph 5
  106. 6Paragraph 6
  107. 7Paragraph 7
  108. 8Paragraph 8
  109. 9Paragraph 9
  110. 10Paragraph 10
  111. 11Paragraph 11
  112. 12Paragraph 12
  113. 13Paragraph 13
  114. 14Paragraph 14
  115. 15Paragraph 15
  116. Schedule 6: MATTERS AND OBLIGATIONS IN FOSTER PLACEMENT AGREEMENTS
  117. 1Paragraph 1
  118. 2Paragraph 2
  119. 3Paragraph 3
  120. 4Paragraph 4
  121. 5Paragraph 5
  122. 6Paragraph 6
  123. 7Paragraph 7
  124. 8Paragraph 8
  125. Schedule 7: MATTERS TO BE MONITORED BY THE REGISTERED PERSON
  126. 1Paragraph 1
  127. 2Paragraph 2
  128. 3Paragraph 3
  129. 4Paragraph 4
  130. 5Paragraph 5
  131. 6Paragraph 6
  132. 7Paragraph 7
  133. 8Paragraph 8
  134. 9Paragraph 9
  135. 10Paragraph 10
  136. 11Paragraph 11
  137. 12Paragraph 12
  138. 13Paragraph 13
  139. 14Paragraph 14
  140. 15Paragraph 15
  141. Schedule 8EVENTS AND NOTIFICATIONS
  142. Explanatory note