Child Care (Special Care) Regulations, 2004

• Jurisdiction: Ireland
• Citation: IR SI 550/2004
• Year: 2004

STATUTORY INSTRUMENTS.
S.I. No. 550 of 2004 .
CHILD CARE (SPECIAL CARE) REGULATIONS 2004.
S.I. No. 550 of 2004 .
CHILD CARE (SPECIAL CARE) REGULATIONS 2004.
REGULATION 1. CITATION. 2. COMMENCEMENT. 3. DEFINITIONS. 4. CARE PRACTICES AND OPERATIONAL POLICIES. 5. MANAGEMENT AND STAFFING. 6. ACCOMMODATION. 7. PROVISION OF FOOD AND COOKING FACILITIES. 8. FIRE PRECAUTIONS. 9. SAFETY PRECAUTIONS. 10. INSURANCE. 11. ACCESS ARRANGEMENTS. 12. HEALTH CARE. 13. EDUCATION. 14. INDIVIDUAL NEEDS, RELIGION, ETHNICITY, CULTURE AND LANGUAGE. 15. MANAGING BEHAVIOUR. 16. NOTIFICATION OF SIGNIFICANT EVENTS. 17. RESTRAINT. 18. SINGLE SEPARATION. 19. COMPLAINTS PROCEDURE. 20. CARE RECORD. 21. RECORDS. 22. MONITORING OF STANDARDS. 23. MEDICAL EXAMINATION. 24. MAINTENANCE OF A REGISTER. 25. CASE RECORD. 26. CARE PLAN. 27. SUPERVISION AND VISITING OF CHILDREN. 28. REVIEW OF CASES. 29. SPECIAL REVIEW. 30. ABSENCE WITHOUT AUTHORITY. 31. DISCHARGE. 32. CERTIFICATION OF UNIT. 33. INSPECTION ON BEHALF OF MINISTER. 34. INSPECTION BY AUTHORISED OFFICER. 35. REQUIREMENT TO PROVIDE INFORMATION. 36. ASSIST IN INSPECTION. 37. SUPPORT SERVICES. 38. ARRANGEMENTS WITH VOLUNTARY BODIES AND OTHER PERSONS. 39. FUNCTIONS OF CHIEF EXECUTIVE OFFICER. 40. ISSUING OF DIRECTIONS AND APPOINTMENT OF AUTHORISED OFFICERS BY CHIEF EXECUTIVE OFFICER OF HEALTH BOARD. SCHEDULE EXPLANATORY NOTE
S.I. No. 550 of 2004 .
CHILD CARE (SPECIAL CARE) REGULATIONS 2004.
I, Brian Lenihan, Minister of State at the Department of Health and Children, in exercise of the powers conferred on me by section 23K of the Child Care Act 1991 (No. 17 of 1991) as inserted by section 16 of the Children Act 2001 ( No. 24 of 2001 ), and sections 42 and 68 of the Child Care Act 1991 (No. 17 of 1991) (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 308 of 1997 )) and the Health and Children (Delegation of Ministerial Functions) Order 2003 ( S.I. No. 474 of 2003 ), hereby make the following Regulations:—
	CITATION	1. These Regulations may be cited as the Child Care (Special Care) Regulations 2004.
	COMMENCEMENT	2. These Regulations shall come into operation on 24th day of September 2004.
	DEFINITIONS	3. In these Regulations unless the context otherwise requires—
“authorised officer” means a person authorised by the chief executive officer of a health board to carry out functions on behalf of the board under these Regulations;
“family welfare conference” means a conference convened by a health board under section 7 of the Children Act 2001 ;
“functional area” means the geographical area for which the health board is responsible for providing services in accordance with the Health Acts;
“guardian” means—
(a) any legal guardian of a child,
(b) any person who, in the opinion of the court having cognisance of any case in relation to a child or in which the child is concerned, has for the time being the charge or control over the child, or
(c) any person who has custody or care of a child by order of a court, but does not include a health board;
“guardian ad litem” means a person appointed as guardian ad litem by a court in accordance with section 26 of the Child Care Act 1991 ;
“health board” means a board established under section 4 of the Health Act 1970 and the Eastern Regional Health Authority established under the Health (Eastern Regional Health Authority) Act 1999 ;
“interim special care order” is an order made by a court in respect of a child in accordance with section 23C of the Child Care Act 1991 , as inserted by the Children Act 2001 ;
“legal representative” means a solicitor appointed by a court to represent a child in accordance with section 25 of the Child Care Act 1991 ;
“manager” means the person in charge of or having control over a special care unit;
“parents” includes a surviving parent and, in case the child who has been adopted under the Adoption Acts 1952 to 1998, or, where the child has been adopted outside the State, whose adoption is recognised by virtue of the law for the time being in force in the State, means the adopter or adopters or the surviving adopter;
“person authorised by the Minister” means a person authorised by the Minister for Health and Children in accordance with section 69 of the Child Care Act 1991 ;
“relative” in relation to a child, means a brother, sister, uncle or aunt or a spouse of the brother, sister, uncle or aunt or a grandparent or step-parent, of the child;
“regulations of 1995” means either the Child Care (Placement of Children in Residential Care) Regulations 1995, the Child Care (Placement of Children in Foster Care) Regulations 1995 or the Child Care (Placement of Children with Relatives) Regulations 1995 as may be appropriate in the particular context;
“the Act” means the Child Care Act 1991 as amended by the Children Act 2001 ;
“the Act of 2001” means the Children Act 2001 ;
“the Minister” means the Minister for Health and Children;
“special care unit” means a residential centre provided and operated by a health board, voluntary body or any other person on behalf of a health board and approved by the Minister for Health and Children under section 23K of the Child Care Act 1991 as amended by the Children Act 2001 ;
“special care order” means an order made by a court in respect of a child in accordance with section 23A of the Child Care Act 1991 as inserted by the Children Act 2001 ;
“Special Residential Services Board” means the Board established under Part 11 of the Children Act 2001 ;
“unit” means a special care unit.
	CARE PRACTICES AND OPERATIONAL POLICIES	4. (1) A health board shall satisfy itself in respect of each unit in its functional area that appropriate and suitable care practices, operational policies and rules are in place, having regard to the number of children residing in the unit and the nature of their needs.
(2) The care practices, operational policies and rules referred to in paragraph (1) shall be set out in writing by the manager.
(3) The manager shall put in place appropriate procedures to ensure that the staff of the unit are adequately informed about the practices, policies and rules referred to in paragraph (1).
(4) The manager shall put in place appropriate procedures to ensure that a child placed in the unit and his or her parents or guardian or guardian ad litem or any other person with a bona fide interest in the child are made aware of the care practices, operational policies and rules of the unit.
(5) The manager shall put in place appropriate procedures to ensure that a child placed in the unit and his or her parents or guardian or guardian ad litem or any other person with a bona fide interest in the child are made aware of any rights they may have in accordance with the provisions of the Freedom of Information Act 1997 as amended.
	MANAGEMENT AND STAFFING	5. (1) A health board shall satisfy itself in respect of each unit in its functional area as to the adequacy of the number, qualifications, experience, suitability and availability of members of the staff, having regard to the number of children residing in the unit and the need to promote their health, safety, development, welfare and security.
(2) A health board or voluntary body or any other person who is providing and maintaining a unit shall appoint an appropriately qualified and experienced person as the manager of the unit.
(3) The manager shall ensure that appropriate and suitable care practices, operational policies and rules are put into effect in the unit.
(4) The manager shall ensure that an appropriate level of supervision, support, training and development is provided in relation to staff and that the aforementioned is recorded.
(5) The manager shall ensure that the appropriate staff and level of supervision are in place at all times to ensure the health, safety, development, welfare, and security of the children placed in the unit.
(6) The manager may from time to time delegate all or some of his or her duties under these regulations to one or more appropriately qualified members of staff and shall keep a written record of when and to whom he or she delegated those duties.
(7) The health board or voluntary body or any other person who is providing and maintaining a unit shall ensure that all staff and any person, in the course of his or her employment, who has access to a child in a unit are appropriately vetted, by reference to past employer references, in particular the most recent employer and by requesting criminal record checks from the Garda Síochána or, where appropriate, ensuring that prospective employees provide the necessary clearance from other appropriate police authorities.
(8) The health board or voluntary body or any other person who is providing and maintaining a unit shall ensure that all vetting procedures set out in paragraph (7) are carried out prior to any person being appointed or assigned to the unit or being allowed access to a child, in the course of his or her employment, in the unit.
	ACCOMMODATION	6. A health board shall satisfy itself in respect of each unit in its functional area that adequate and suitable accommodation is provided, having regard to the number of children residing in the unit and the nature of their needs, and, in particular, that—
(a) each child is provided with his or her own room,
(b) adequate and suitable furnishings are provided,
(c) a sufficient number of lavatories, wash basins, baths and showers, supplied with hot and cold running...