SCHEDULES

SCHEDULE 6Youth rehabilitation orders: requirements

PART 11Fostering requirement

Requirement

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1

In this Code “fostering requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the fostering period”), the offender must reside with a local authority foster parent.

2

A youth rehabilitation order which imposes a fostering requirement must specify—

a

the fostering period, and

b

the local authority which is to place the offender with a local authority foster parent under—

i

section 22C of the Children Act 1989, or

ii

section 81 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

3

The fostering period—

a

must end no later than the end of the period of 12 months beginning with the day on which the requirement takes effect, and

b

must end before the offender reaches the age of 18.

This is subject to paragraphs 10(9) and (10) and 17(5) and (6) of Schedule 7 (substitute fostering requirement).

4

The authority specified must be the local authority in whose area the offender resides or is to reside.

5

Sub-paragraph (6) applies if during the fostering period the responsible officer notifies the offender—

a

that no suitable local authority foster parent is available, and

b

that the responsible officer has applied, or proposes to apply, under Part 3 or 4 of Schedule 7 for the youth rehabilitation order to be amended or revoked.

6

The fostering requirement has effect, until the application is determined, as a requirement for the offender to reside in accommodation provided by or on behalf of a local authority.

7

This paragraph does not affect the power of a local authority to place with a local authority foster parent an offender in respect of whom a local authority residence requirement is imposed.