Health Act 2007 (Care and Welfare of Children in Special Care Units) Regulations 2017

• Jurisdiction: Ireland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th January, 2018.

I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by sections 98 and 101 of the Health Act 2007 (No. 23 of 2007) (as adapted by the Health and Children (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 219 of 2011 )), hereby make the following regulations:

Part 1

Preliminary

Citation

1. These Regulations may be cited as the Health Act 2007 (Care and Welfare of Children in Special Care Units) Regulations 2017.

Commencement

2. These Regulations come into operation on 1 January 2018.

Revocations

3. The Child Care (Special Care) Regulations 2004 ( S.I. No. 550 of 2004 ) are revoked.

Definitions

4. In these Regulations—

“Act of 1991” means the Child Care Act 1991 (No. 17 of 1991);

“Act of 2001” means the Children Act 2001 (No. 24 of 2001);

“Act of 2007” means the Health Act 2007 (No. 23 of 2007);

“Act of 2011” means the Child Care (Amendment) Act 2011 (No. 19 of 2011);

“Authority” means the Health Information and Quality Authority established under section 6 of the Health Act 2007 ;

“Care Record” means a record within the meaning of Regulation 19;

“child” means a child that requires special care in accordance with the provisions of section 23F (inserted by section 10 of the Act of 2011) of the Act of 1991;

“chief inspector” means the person who is for the time being appointed Chief Inspector of Social Services in accordance with section 40 of the Act of 2007;

“guardian” means a person who—

(a) is the guardian of the child pursuant to the Guardianship of Infants Act 1964 and who—

(i) is a parent of the child and has custody of that child, or

(ii) not being a parent of the child, has custody of that child to the exclusion of any living parent of that child, or

(b) is appointed to be a guardian of the child by—

(i) deed or will, or

(ii) order of a court in the State,

and has not been removed from office;

“guardian ad litem” means a person appointed as guardian ad litem by a court in accordance with section 26 of the Act of 1991;

“interim special care order” means an order made under section 23L (inserted by section 10 of the Act of 2011) of the Act of 1991;

“parents” has the meaning assigned to it by the Act of 1991;

“person in charge” means the person in charge of a special care unit in accordance with Regulation 13 and such person may be the registered provider of the special care unit or another person;

“record” means any record required to be kept or retained in accordance with Regulation 20;

“restraint” means the intentional restriction of the child’s voluntary movement or behaviour;

“single separation” means the confining of a child, with or without his or her agreement, in a safe and secure area as a means of control and as a response to the assessed extreme and immediate risk being presented by the child to-

(i) himself or herself or any other person, or

(ii) property, where the damage to such property could cause a risk of injury to the child or to another person;

“special care” has the meaning assigned to it in section 23C (inserted by section 10 of the Act of 2011) of the Act of 1991;

“special care order” means an order made under section 23H (inserted by section 10 of the Act of 2011) of the Act of 1991;

“special care unit” has the meaning assigned to it in section 23A (inserted by section 10 of the Act of 2011) of the Act of 1991;

“staff member” means a person or persons employed by the registered provider to work at the special care unit, including persons employed from other agencies, but does not include a person who works in the special care unit as an intern, a trainee, a person on a placement as part of a vocational training course or a person employed under a contract for services;

“statement of purpose” means the written statement compiled in accordance with Regulation 5.

Part 2

Special Care Units

Statement of purpose

5. (1) The registered provider shall prepare in writing a statement of purpose relating to the special care unit concerned which shall contain the information set out in Schedule 1.

(2) The registered provider shall review and revise the statement of purpose at intervals of not less than one year.

(3) The registered provider shall notify the chief inspector in writing before changes are made to the statement of purpose which affect the purpose of the special care unit.

(4) The registered provider shall put in place appropriate procedures to ensure that the person in charge is provided with a copy of the statement of purpose, if such person is not the registered provider.

(5) The registered provider shall put in place appropriate procedures to ensure that a child detained in the special care unit is provided with a copy of the statement of purpose in a format which shall be age appropriate to ensure the child’s understanding of it.

(6) The registered provider shall put in place procedures to ensure that the parents or guardian(s) of a child placed in a special care unit are provided with a copy of the statement of purpose.

Care practices, operational policies and procedures

6. (1) The registered provider shall promote and protect the life, health, safety, development and welfare of each child who is detained in the special care unit.

(2) The registered provider shall ensure that the special care unit has care practices, operational policies and procedures in place in accordance with best practice and paragraph (1) having regard to the number of children detained in the special care unit and the nature of their needs, which practices, policies and procedures shall include, but shall not be limited to, the matters set out in Schedule 2 and the obligations of the person in charge under these Regulations.

(3) The care practices, operational policies and procedures referred to in paragraph (2) shall be set out in writing by the registered provider.

(4) The registered provider shall ensure that the care practices, operational policies and procedures referred to in paragraph (2) are implemented by the person in charge having regard to the particular needs of each child.

(5) The registered provider shall ensure that all written care practices, operational policies and procedures are reviewed and updated—

(a) in accordance with best practice,

(b) when required by the chief inspector,

(c) at least every three years, and

(d) when, in accordance with Regulation (5), there has been a change in the statement of purpose.

and such reviews shall have due regard to any recommendations made by the chief inspector.

(6) The care practices, operational policies and procedures referred to in paragraph (2) shall take account of any guidelines issued by the Child and Family Agency in accordance with the Act of 2011 and any standards relating to a special care unit prepared by the Health Information and Quality Authority in accordance with section 8(1)(b) of the Act of 2007.

(7) The registered provider shall ensure that there are appropriate procedures put in place by the person in charge to ensure that a child detained in the special care unit is made aware of the care practices, operational policies and practices of the special care unit and that information provided in accordance with this Regulation is accessible and age appropriate to ensure understanding.

(8) The person in charge shall implement the care practices, operational policies and procedures required to be put in place by the registered provider under paragraph (2) and shall, in so doing, promote and protect the life, health, safety, development and welfare of each child who is detained in the special care unit.

Programme of Care

7. (1) Where a child is to be detained in a special care unit, the person in charge shall consult with the social worker assigned responsibility for the child by the Child and Family Agency to inform himself or herself of the special care to be provided to the child while the child is detained in the special care unit.

(2) Following consultation with the social worker assigned responsibility for the child by the Child and Family Agency, the person in charge shall oversee, in conjunction with the social worker so assigned, the implementation of a programme of special care for the child, in accordance with the interim special care order or special care order relating to the child.

(3) The programme of special care referred to in paragraph (2) may contain, but is not to be limited to, details of all required interventions in relation to that child and in accordance with the child’s—

(a) care plan,

(b) placement plan,

(c) placement support plan,

(d) education plan,

(e) therapeutic plan, and

(f) psychiatric treatment and intervention plan.

(4) The person in charge shall keep the programme of special care prepared in accordance with paragraph (2) as part of the child’s Care Record.

Health care

8. (1) The registered provider shall ensure that adequate arrangements are in place for access by a child detained in the special care unit to a health screening assessment, general practitioner and psychological services and for the child’s referral to medical, psychiatric, dental, ophthalmic or other specialist services to meet the child’s requirements.

(2) The person in charge shall include in the child’s Care Record details of—

(a) any referrals made or services provided under paragraph (1), and

(b) any medication administered, whether or not it was prescribed by a registered medical practitioner, to a child detained in the special care unit.

(3) The person in charge shall ensure that, where a pharmacist provides a record of medication related interventions in respect of a child detained in the special care unit, such record shall be kept in a safe and accessible place in the special care unit.

(4) The...