Legislation – Children and Families (Wales) Measure 2010

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Introduction

PART 1
CHILD POVERTY, PLAY AND PARTICIPATION

CHAPTER 1 ERADICATING CHILD POVERTY

Broad aims

1 Broad aims for contributing to the eradication of child poverty

Strategies

2 trategies for contributing to the eradication of child poverty

3 Strategies prepared by the Welsh Ministers

4 Strategies prepared by local authorities (children’s services authorities)

5 Strategies prepared by other Welsh authorities

The Welsh authorities

6 The Welsh authorities

Services to tackle child poverty

7 Local authority duty to secure the availability of free childcare

8 Parental support services: powers of a local authority

9 Health support services: powers of a local authority

10 Regulations about services to tackle child poverty

CHAPTER 2 PLAY AND PARTICIPATION

Play opportunities

11 Local authority duties in respect of play opportunities for children

Participation

12 Participation of children in local authority decision making

CHAPTER 3 INSPECTION, GUIDANCE AND DIRECTIONS

Inspection

13 Inspection

14 Powers of entry

15 Powers of inspection

16 Power to require information

Guidance and directions

17 Guidance

18 Directions

PART 2
CHILD MINDING AND DAY CARE FOR CHILDREN

19 Meaning of “child minding” and “day care for children”

20 Register of child minders

21 Duty of child minders to register

22 Register of providers of day care for children

23 Duty of day care providers to register

24 Applications for registration: child minding

25 Prescribed requirements for registration as a child minder

26 Applications for registration: day care for children

27 Prescribed requirements for registration of providers of day care for children

28 Entry on the register and certificates

29 Conditions on registration

30 Regulations governing activities

31 Cancellation of registration

32 Suspension of registration

33 Voluntary removal from the register

34 Protection of children in an emergency: cancellation of registration

35 Protection of children in an emergency: changes to conditions

36 Procedure for taking certain steps

37 Appeals

38 Disqualification from registration

39 Consequences of disqualification

40 Inspection

41 Powers of entry

42 Powers of inspection

43 Power of constable to assist in exercising powers of entry

44 Supply of information to the Welsh Ministers

45 Supply of information to local authorities

46 Offence of making false or misleading statement

47 Penalty notices

48 Penalty notices: supplementary provisions

49 Time limit for proceedings

50 Offences by bodies corporate

51 Unincorporated associations

52 Functions of local authorities

53 Fees

54 Co-operation between authorities

55 Notices

56 Death of registered person

PART 3
INTEGRATED FAMILY SUPPORT TEAMS

57 Establishment of integrated family support teams

58 Functions of integrated family support teams

59 Resources for integrated family support teams

60 Composition of integrated family support teams

61 Establishment of integrated family support boards

62 Functions of integrated family support boards

63 Regulations about integrated family support teams and boards

64 Annual reports on integrated family support teams

65 Guidance about integrated family support teams

PART 4
MISCELLANEOUS AND GENERAL

66 Family social work standards officers

67 Children’s needs arising from community care needs of their parents

68 Children’s needs arising from the health conditions of their parents

69 Social services functions

70 Guidance

71 General interpretation

72 Minor and consequential amendments

73 Repeals

74 Orders and regulations

75 Commencement

76 Short title

SCHEDULES

SCHEDULE 1 MINOR AND CONSEQUENTIAL AMENDMENTS

SCHEDULE 2 REPEALS

PART 3INTEGRATED FAMILY SUPPORT TEAMS

Teams

58Functions of integrated family support teams

(1)

An integrated family support team must carry out the family support functions that are assigned to it by the local authority with the consent of each Local Health Board that relates to the team.

(2)

Family support functions are—

(a)

prescribed social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)), or

(b)

prescribed functions of—

(i)

a Local Health Board, or

(ii)

an NHS trust established under section 18 of the National Health Service (Wales) Act 2006 (c. 42).

(3)

For the purposes of this Part, a Local Health Board relates to an integrated family support team if any part of the Local Health Board’s area lies within the area covered by the team.

(4)

The functions of an integrated family support team are to be carried out under the direction of an integrated family support board established under section 61.

(5)

The family support functions of an integrated family support team are to be carried out in respect of a family referred to it by the local authority.

(6)

A local authority may refer a family to an integrated family support team if it reasonably believes or suspects that a parent of a child in that family (or a prospective parent)—

(a)

is dependent on alcohol or drugs,

(b)

is a victim of domestic violence or abuse,

(c)

has a history of violent or abusive behaviour, or

(d)

has a mental disorder.

(7)

For the purposes of subsection (5), “family” includes each of the following—

(a)

a child in need (or a looked after child), the parents of the child and, if the authority thinks it is appropriate, any other individual connected with the child or the parents;

(b)

individuals who are about to become the parents of a child in circumstances where subsection (8) applies and, if the local authority thinks it appropriate, any other individual connected with the individuals who are about to become the parents of that child.

(8)

This subsection applies if the local authority is of the opinion that the child is likely to be a child in need if the individual becomes the parent of that child.

(9)

An integrated family support team must evaluate and record the effectiveness of its work with the families referred to it.

(10)

Regulations may—

(a)

assign family support functions to an integrated family support team;

(b)

allow local authorities to make referrals to the integrated family support team in circumstances not mentioned in this section.

(11)

The assignment of functions under this section does not affect—

(a)

the liability of a Local Health Board for the exercise of any of its functions,

(b)

the liability of a local authority for the exercise of any of its functions, or

(c)

any power or duty to recover charges in respect of services provided in the exercise of any local authority functions.

(12)

A function assigned under this section is exercisable concurrently by the integrated family support team and the body on whom the function is conferred.

(13)

In this section—

“abuse” (“cam-drin”) includes both sexual activity without consent and unreasonable behaviour liable to cause serious psychological harm; abuse is “domestic abuse” if it is from an individual who is associated with the victim; and “abusive” is to be interpreted accordingly;

“child in need” (“plentyn mewn angen”) means a child in need for the purposes of Part 3 of the Children Act 1989 (c. 41);

“looked after child” (“plentyn sy’n derbyn gofal”) means a child looked after by a local authority (within the meaning of section 22(1) of the Children Act 1989 (c. 41));

“mental disorder” (“anhwylder meddwl”) means any disorder or disability of the mind;

“parent”, (“rhiant”) in relation to a child, includes any individual—

(a)

who is not a parent of the child but who has parental responsibility for the child, or

(b)

who has care of the child;

“violence” (“trais”) means violence or threats of violence which are likely to be carried out and

“violent” is to be interpreted accordingly; violence is domestic violence if it is from an individual who is associated with the victim.

(14)

For the purposes of the definition of “parent” in subsection (13)—

(a)

“parental responsibility” has the same meaning as in the Children Act 1989 (c. 41);

(b)

in determining whether an individual has care of a child, any absence of the child at a hospital, children’s home or foster placement and any other temporary absence is to be disregarded.