IE
S.I. No. 634/2017 - Health Act 2007 (Care and Welfare of Children in Special Care Units) Regulations 2017
Table of Provisions (30)
Statutory Text (30 Articles)
1. A copy of the statement of purpose.
2. A copy of the care practices, operational policies and procedures.
3. A copy of the accessible and age appropriate care practices, operational policies and procedures.
4. A copy of inspection reports for the previous seven years.
5. The register of children detained in the special care unit.
6. An emergency plan.
7. Any reports or statistics in relation to the performance of the special care unit that the Child and Family Agency may require.
8. A record of complaints made, to include details of their investigation and resolution.
9. A record of the following events and incidents that occur in the special care unit—
(
a
) any accident,
(
b
) any injury or illness,
(
c
) any outbreak of a notifiable disease in the special care unit,
(
d
) the death of a child detained in the unit, the circumstances and cause of the death, including the death of a child following his or her transfer to hospital from the special care unit,
(
e
) any allegation, suspected or confirmed abuse of a child,
(
f
) any allegation of misconduct by the registered provider or any staff member or by any intern, trainee, or person on a placement as part of a vocational training course or a person employed under a contract for services in the special care unit,
(
g
) any occasion where the registered provider, the person in charge or a staff member or an intern, trainee, or person on a placement as part of a vocational training course or a person employed under a contract for services in the special care unit is subject of review by a professional body,
(
h
) any occasion where an unplanned evacuation of the special care unit took place,
(
i
) any unexplained absence of a child from the special care unit where the child absconds, is missing or is otherwise absent, is removed without authority, fails to or is prevented from returning to the special care unit,
(
j
) any fire, or loss of power, heating or water,
(
k
) any occasion on which the fire equipment is operated, and
(
l
) any theft or burglary.
10. Records of the food provided for a child detained in the special care unit.
11. A record of every fire practice, drill, test or maintenance of fire equipment (including fire alarm equipment) conducted in the special care unit and of any action taken to remedy defects in the fire equipment.
12. A record of all visitors to the special care unit, including the names of visitors.
13. A record of all notices sent to the chief inspector.
GIVEN under my Official Seal,
29 December 2017.
SIMON HARRIS,
Minister for Health.
EXPLANATORY NOTE.
(This note is not part of the instrument and does not purport to be a legal interpretation)
These Regulations set out provision for the purpose of ensuring proper standards in relation to special care units for the provision of special care to children, in respect of whom an interim special care order or a special care order has been made.
These Regulations revoke the Child Care (Special Care) Regulations 2004.
These Regulations may be cited as the Health Act 2007 (Care and Welfare of Children in Special Care Units) Regulations 2017
14. Any other such information as the chief inspector reasonably requires.
Part B
15. Food safety.
16. The personal property and possessions of a child detained in the special care unit.
17. Emergencies.
18. Recruitment, selection and vetting of a person employed, an intern, a trainee or a person on placement as part of a vocational training course in the special care unit.
19. Training and development of a person employed in the special care unit.
20. CCTV (in units where CCTV systems are in use).
SCHEDULE 3
Regulations 13, 14 and 22
DOCUMENTS TO BE HELD IN RESPECT OF THE PERSON IN CHARGE AND EACH PERSON EMPLOYED OR WORKING AS AN INTERN, A TRAINEE, OR ON PLACEMENT AS PART OF A VOCATIONAL TRAINING COURSE
Part A
21. (1) The registered provider shall establish and keep a register in which shall be entered particulars in relation to each child detained in the special care unit.
(2) Without prejudice to the generality of paragraph (1), an entry in the register provided for in that paragraph, with respect to a child detained in a special care unit, shall include the following
(
a
) the name, sex and date of birth of the child;
(
b
) the name(
s
), address(es) and telephone numbers of the parent(
s
) or guardian(
s
) of the child;
(
c
) the High Court record number of the interim special care order or the special care order made in respect of the child;
(
d
) the date on which the child was detained in the special care unit;
(
e
) the date on which the child was released, transferred, discharged or absconded from the special care unit, as arises;
(
f
) the name and contact details of the social worker assigned responsibility for the child by the Child and Family Agency; and
(
g
) the name and contact details of the guardian
ad litem
, where appropriate.
(3) Every change in the particulars entered in the register provided for in paragraph (1) with respect to a child shall be recorded in the register.
Record of a person employed in the special care unit
22. The person in charge shall maintain the records set out in Part B of Schedule 3 in a secure, safe and accessible place, for each staff member employed in the special care unit.
Part 7
The effecting of contracts of insurance by the registered provider of a special care unit
Insurance
23. (1) The registered provider shall effect a contract of insurance against injury to a child detained in the special care unit.
(2) The provider of any professional or other service to a special care unit shall satisfy the registered provider concerned that he or she is adequately insured against the risk of injury to a child detained in the unit and, where appropriate, that he or she maintains a minimum level of professional indemnity insurance as required by his or her professional body.
(3) The registered provider shall ensure that the contract of insurance required under paragraph (1) is made available, on request, to the chief inspector.
Part 8
Management and control of operations of a special care unit
Governance and management
24. (1) The registered provider shall ensure that—
(
a
) the special care unit has sufficient resources to ensure the effective delivery of special care in accordance with the statement of purpose,
(
b
) there is a clearly defined management structure in the special care unit that identifies the lines of authority and accountability, specifies roles, and details responsibilities for areas of special care provision,
(
c
) management systems are in place to ensure that the service provided is safe, appropriate to the child’s needs, consistent and effectively monitored,
(
d
) there is an annual review to assess the quality and safety of special care provided in the special care unit and to confirm that such special care is in accordance with national standards, the interim special care orders or the special care orders generally, and the child’s programme of special care, and
(
e
) a copy of the review referred to in subparagraph (
d
) is made available, on request, to the chief inspector.
(2) The registered provider shall ensure that effective arrangements are in place to facilitate persons employed in the special care unit to raise concerns about the quality and safety of the special care provided generally or the special care provided to any specific child detained in the special care unit.
(3) The registered provider, or a person nominated by the registered provider, shall carry out an unannounced visit to the special care unit at least once every six months, or more frequently as determined by the chief inspector, and shall—
(
a
) prepare a written report on the safety and quality of care and support provided in the centre and put a plan in place to address any concerns regarding the standard of care, and
(
b
) maintain a copy of the report prepared under subparagraph (
a
) and make it available on request to children placed in the special care unit, and their parents or guardians, and the chief inspector.
Risk management
25. (1) The registered provider shall ensure that the special care unit has a risk management policy in place and that it is implemented throughout the special care unit.
(2) The registered provider shall ensure that the risk management policy includes the following
(
a
) the ongoing identification, assessment, management and review of risks throughout the special care unit,
(
b
) the measures and actions in place to control the risks identified,
(
c
) the measures and actions in place to control the following risks to a child—
(i) child abuse,
(ii) situations where a child may be removed or absconds from the special care unit,
(iii) accidental injury to a child,
(iv) aggression and violence from or towards a child, and
(v) self-harm,
(
d
) arrangements for the identification, recording, investigation and learning from incidents involving children detained in the special care unit,
(
e
) accidental injury to a staff member, an intern, a trainee or a person on a placement as part of a vocational training course in the special care unit, and
(
f
) aggression and violence towards a staff member, an intern, a trainee or a person on a placement as part of a vocational training course in the special care unit.
(3) The registered provider shall ensure that there is a plan in place for responding to—
(
a
) interruption to services,
(
b
) damage to property,
(
c
) incidents likely to cause death or injury, and
(
d
) emergency situations.
(4) The registered provider shall take all reasonable measures to prevent accidents in the special care unit and in the grounds of the special care unit.
(5) The registered provider shall ensure that adequate arrangements exist in the special care unit to guard against the risk of injury occurring on the premises, particularly with regard to the structure and fabric of the special care unit including stairways, electrical and gas appliances and fittings, windows and doors, glazing and the storage of medicines, cleaning and other potentially dangerous materials.
(6) The registered provider shall ensure that adequate arrangements are in place for the reporting of an accidental injury occurring in a special care unit to a child, a staff member, an intern, a trainee, a person on a placement as part of a vocational training course or to a visitor.
(7) The registered provider shall ensure that all vehicles used to transport children and staff members, where they are provided by the registered provider, are roadworthy, regularly serviced, insured and driven by persons who are legally licensed to drive the vehicle.
(8) The person in charge shall keep a report of an accident or an injury to a child detained in the special care unit in the child’s Care Record.
Fire precautions
26. (1) The registered provider shall—
(
a
) take adequate precautions against the risk of fire,
(
b
) provide suitable fire fighting equipment, building services and bedding and furnishings,
(
b
) provide adequate means of escape, including emergency lighting,
(
c
) make adequate arrangements for—
(i) preventing fire,
(ii) detecting, containing and extinguishing fires,
(iii) giving warning of fires,
(iv) calling the fire service,
(v) evacuation, where necessary in the event of fire, of all persons in the special care unit and safe placement of children detained in the special care unit,
(vi) maintaining of all fire equipment, means of escape, building fabric and building services, and
(vii) reviewing fire precautions, and testing fire equipment, at suitable intervals,
(
d
) make arrangements for staff members, interns, trainees and persons on placements as part of vocational training courses at the special care unit to receive suitable training in fire prevention, emergency procedures, building layout and escape routes, location of fire alarm call points and first aid, fire fighting equipment, fire control techniques and the procedures to be followed should the clothes of a child detained in the special care unit catch fire, and arrangements for the evacuation of children detained in the special care unit, calling the fire service and for assisting the fire brigade, and
(
e
) ensure, by means of fire safety management and fire drills at suitable intervals, that staff members, interns, trainees, persons on placements as part of vocational training courses at the special care unit and, in so far as is reasonably practicable, children detained in the special care unit, are aware of the procedure to be followed in the case of fire, including the procedure for saving life.
(2) The person in charge shall ensure that the procedures to be followed in the event of fire are displayed in a prominent place or places in the special care unit.
Part 9
Notification of incidents occurring in a special care unit
Notification of incidents
27. (1) The person in charge shall give the chief inspector notice in writing within three working days of the following incidents occurring in a special care unit—
(
a
) the death of a child, including the death of a child following his or her transfer to hospital from the special care unit, and the circumstances and cause of death when established,
(
b
) an outbreak of any notifiable disease,
(
c
) any serious injury to a child requiring immediate medical treatment,
(
d
) an allegation of child abuse,
(
e
) where a child is removed, absconds, fails to return, is prevented from returning, is missing or is otherwise absent from the special care unit,
(
f
) a fire,
(
g
) an unplanned evacuation,
(
h
) an allegation of misconduct of the registered provider or a staff member or a person working 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, and
(
i
) a staff member is the subject of review by a professional body.
(2) Where an incident referred to in paragraph (1) relates to a child the person in charge shall retain a record of that incident as part of the child’s Care Record.
(3) The person in charge shall ensure that a written report is provided to the chief inspector at the end of each quarter in relation to—
(
a
) any instance of restraint,
(
b
) any instance of single separation,
(
c
) any loss of power, heating or water,
(
d
) any occasion on which the fire equipment is operated other than for the purpose of fire practice, drill or test of equipment,
(
e
) any injury to a child not required to be notified under paragraph (1)(
c
), and
(
f
) other such matters of importance and concern as the chief inspector may require.
(4) The person in charge shall keep a record of incidents notified to the chief inspector in accordance with paragraph (1) and any report made to the chief inspector in accordance with paragraph (3).
(5) The registered provider shall give the chief inspector notice in writing within three working days of any investigation regarding the alleged misconduct of the person in charge.
(6) The person in charge shall, as soon as is possible, notify the social worker assigned responsibility for a child by the Child and Family Agency where any of the following incidents occur in a special care unit, in relation to that child
(
a
) the death of the child, including the death of a child following his or her transfer to hospital from the special care unit, and the circumstances and cause of death when established,
(
b
) any serious injury to the child requiring immediate medical treatment,
(
c
) an allegation of abuse of the child,
(
d
) where the child is removed, absconds, fails to return, is prevented from returning, is missing or is otherwise absent from the special care unit,
(
e
) any occasion on which the fire equipment is operated other than for the purpose of fire practice, drill or test of equipment,
(
f
) any instance of restraint of the child,
(
g
) any instance of single separation of the child, and
(
h
) any injury to the child not required to be notified under paragraph (1)(
c
).
Part 10
Notification of procedures, arrangements and periods when the person in charge is absent from the special care unit
Notification of procedures, arrangements and periods when the person in charge is absent from the special care unit
28. (1) Where the person in charge proposes to be absent from the special care unit for a continuous period of 28 days or more, the registered provider shall give notice in writing to the chief inspector of the proposed absence.
(2) Except in the case of an emergency, the notice referred to in paragraph (1) shall be given no later than one month before the proposed absence commences or within such shorter period as may be agreed with the chief inspector and the notice shall specify—
(
a
) the length or expected length of the absence, and
(
b
) the date of leaving and date of expected return.
(3) Where the person in charge is absent as the result of an emergency, the registered provider shall, as soon as it becomes apparent that the absence concerned shall be for a period of 28 days or more, give notice of the absence in writing to the chief inspector specifying the matters mentioned in paragraph (2).
(4) Where the registered provider gives notice of the absence of the person in charge from the special care unit under paragraph (1) or (3), he or she shall give notice in writing to the chief inspector of the procedures and arrangements that shall be in place for the management of the special care unit during the absence.
(5) The notice referred to in paragraph (4) shall specify—
(
a
) the arrangements which have been or which are proposed to be made for the running of the special care unit during the absence;
(
b
) the arrangements that have been, or are proposed to be, made for appointing another person in charge to manage the special care unit during the absence, including the proposed date by which the appointment is to be made; and
(
c
) the name, contact details and qualifications of the person who is or shall be in charge of the special care unit during the absence.
(6) The registered provider shall notify the chief inspector of the return to duty of the person in charge not later than three working days after the date of his or her return.
Part 11
Complaints Procedures
Complaints procedures
29. (1) The registered provider shall provide a complaints procedure, which includes an appeals procedure, for the investigation of complaints made by a child detained in the special care unit, in a format which shall be age appropriate to ensure a child’s understanding of it.
(2) The registered provider shall ensure that—
(
a
) each child detained in the special care unit and his or her parents or guardians are made aware of the complaints procedure prepared in accordance with paragraph (1),
(
b
) a copy of the complaints procedure is displayed in a prominent position in the special care unit, and
(
c
) all complaints are investigated promptly and the child, his or her parents or guardians and his or her assigned social worker are informed promptly of the outcome of his or her complaint and the details of the appeals process.
(3) The registered provider shall ensure that the person in charge maintains a record of all complaints, including, in accordance with paragraph 8 of Schedule 6, details of the investigation and resolution of the complaints.
(4) The person in charge shall keep the record made under paragraph (3) in the Care Record of each child concerned.
SCHEDULE 1
Regulation 5
INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE
Registration details
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
9
th 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