Children and Young Persons (Care and Protection) Regulation 2022
28Authorised carer authorised by designated agency to give respite to usual authorised carer
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28 Authorised carer authorised by designated agency to give respite to usual authorised carer
28 Authorised carer authorised by designated agency to give respite to usual authorised carer
(1) A designated agency may authorise a person as an authorised carer who can provide respite for other authorised carers if the person is—
(a) an employee of a respite care provider whose duties include providing, or supervising the provision of, care to children or young persons, or
(b) a contractor, or
(c) an employee of a contractor whose duties as an employee include providing care to children or young persons.
(2) A designated agency must not authorise a person under subsection (1) unless the relevant respite care provider has—
(a) informed the agency the respite care provider is satisfied the person has complied with the requirements of the Child Protection (Working with Children) Act 2012 for child-related work as an authorised carer, and
(b) done anything else required under that Act in relation to the authorisation, whether before or after the commencement of this section.
(3) The principal officer of a designated agency must carry out the functions of the agency under this section, unless the Children’s Guardian approves the carrying out of the functions by another person.
(4) Failure to comply with subsection (3) does not affect the validity of an authorisation under this section.
(5) A designated agency must not place a child or young person in the out-of-home care of a person authorised under subsection (1) unless the agency has given the Children’s Guardian written notice of the name, and the street and postal address of the principal place of business of the respite care provider.
(6) A designated agency must notify the Children’s Guardian in writing if a child or young person is placed in the out-of-home care of a person authorised by the agency under subsection (1) for a period or periods amounting to more than 90 days in a 12 month period.
(7) In this section—
contractor means a natural person engaged by a respite care provider under a contract to provide services including providing, or supervising the provision of, care to children or young persons.