The Adoption Agencies (Scotland) Regulations 2009

JurisdictionScotland
CitationSSI 2009/154

2009 No. 154

CHILDREN AND YOUNG PERSONS

The Adoption Agencies (Scotland) Regulations 2009

Made 22th April 2009

Laid before the Scottish Parliament 23th April 2009

Coming into force 28th September 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 8, 20(1), 37, 106 and 117(2) of the Adoption and Children (Scotland) Act 20071and all other powers enabling them to do so.

1 GENERAL

PART I

GENERAL

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Adoption Agencies (Scotland) Regulations 2009 and come into force on 28th September 2009.

S-2 Interpretation

Interpretation

2. In these Regulations–

the Act” means the Adoption and Children (Scotland) Act 2007;

“the 1995 Act” means the Children (Scotland) Act 19952;

“adoption panel” means an adoption panel established under regulation 3;

“legal adviser” means a member of the adoption panel appointed under regulation 5(2);

“medical adviser” means a member of the adoption panel appointed under regulation 5(1);

“relative” means a grandparent, brother, sister, uncle or aunt of the child (in the cases of a brother, sister, uncle or aunt, whether of the full-blood or half-blood); and includes a spouse or civil partner of any such grandparent, brother, sister, uncle or aunt.

2 ADOPTION PANELS

PART II

ADOPTION PANELS

S-3 Appointment and composition of adoption panels

Appointment and composition of adoption panels

3.—(1) Each–

(a)

(a) local authority; and

(b)

(b) registered adoption service which is carrying out or proposes to carry out functions specified in these Regulations,

must appoint a panel to be known as the “adoption panel” for the purpose of carrying out the functions conferred on it by regulation 6.

(2) The adoption panel must consist of at least 6 members.

(3) An adoption panel may be established jointly by any 2 or more adoption agencies which panel shall be known as a “joint adoption panel” and any reference to an adoption panel in these Regulations shall include a reference to a joint adoption panel.

(4) The persons appointed to an adoption panel shall include–

(a)

(a) a medical adviser; and

(b)

(b) a legal adviser.

(5) The adoption agency must–

(a)

(a) be satisfied that the number of members and qualifications and experience of individual members of an adoption panel will enable it effectively to discharge its functions; and

(b)

(b) review the membership of the panel from time to time.

(6) Where the adoption agency is of the opinion that any member of the adoption panel is unsuitable or unable to remain as a member it may terminate membership at any time by giving notice in writing with reasons.

S-4 Meetings of the adoption panel and joint adoption panel

Meetings of the adoption panel and joint adoption panel

4.—(1) No business shall be conducted by an adoption panel unless at least 3 of its members meet as the panel.

(2) The adoption panel may only make a recommendation referred to in regulation 6(2)(a) or (b) where–

(a)

(a) a legal adviser is present at the meeting of the panel at which the recommendation is made; or

(b)

(b) legal advice has been provided to the panel by such an adviser.

(3) The adoption panel must make a written record of its proceedings and the reasons for its recommendations.

(4) In paragraph (1) “members” does not include any legal adviser or medical adviser.

S-5 Appointment of medical and legal advisers

Appointment of medical and legal advisers

5.—(1) An adoption agency must appoint such number of persons with the qualifications specified in paragraph (3) as it considers necessary for the purpose of providing it with medical advice in connection with the exercise of its functions.

(2) An adoption agency must appoint such number of persons with the qualifications specified in paragraph (4) as it considers necessary for the purpose of providing it with legal advice in connection with the exercise of its functions.

(3) The qualifications referred to in paragraph (1) are that the person is a registered medical practitioner.

(4) The qualifications referred to in paragraph (2) are that the person is–

(a)

(a) a solicitor; or

(b)

(b) an advocate.

(5) In paragraph (4)–

“solicitor” means a person qualified to practice as a solicitor under section 4 of the Solicitors (Scotland) Act 19803; and

“advocate” means a practising member of the Faculty of Advocates.

S-6 Functions of the adoption panel

Functions of the adoption panel

6.—(1) The adoption panel must consider–

(a)

(a) the case of every child;

(b)

(b) every proposed placement; and

(c)

(c) the case of every prospective adopter,

referred to it by the adoption agency.

(2) The adoption panel must make recommendations on the following matters:–

(a)

(a) whether adoption is in the best interests of the child;

(b)

(b) whether an application for a permanence order granting authority for the child to be adopted should be made under section 80 of the Act;

(c)

(c) whether a prospective adopter is suitable or continues to be suitable to be an adoptive parent;

(d)

(d) whether a prospective adopter would be a suitable adoptive parent for a particular child; and

(e)

(e) any other matter referred to the adoption panel which is relevant to the adoption agency’s functions under the Act.

(3) Where an adoption panel makes a recommendation under paragraph (2)(a) that adoption is in the best interests of the child it must provide a written report of the consideration given by it to the alternatives to adoption.

(4) Where an adoption panel makes a recommendation that there should be continued contact between the child and the child’s parent or parents, it must provide a written report of the reasons why continued contact is in the best interests of the child.

(5) Before making a recommendation under paragraph (2)(c) the adoption panel must give the prospective adopter the opportunity to meet with the adoption panel to discuss the matter with them.

(6) Subject to paragraph (7) the adoption panel may make any of the recommendations in paragraph (2) at the same time or at different times.

(7) Before making a recommendation specified in paragraph (2)(d) the adoption panel must–

(a)

(a) at the meeting of the panel at which the recommendation is to be made, be satisfied that adoption is in the best interests of the child; or

(b)

(b) be satisfied that an adoption agency decision has been made under regulation 13 that adoption is in the best interests of the child; and

(c)

(c) in either case–

(i) at the meeting of the panel at which the recommendation specified in paragraph (2)(d) is to be made, make a recommendation that the prospective adopter is suitable to be an adoptive parent; or

(ii) be satisfied that an adoption agency decision has been made under regulation 8(1) or 9(5) that the prospective adopter is suitable to be an adoptive parent.

(8) In carrying out its functions the adoption panel must have regard to–

(a)

(a) the duties imposed on the adoption agency by section 14 of the Act;

(b)

(b) all the information and reports passed to it;

(c)

(c) any other information which may be provided to it on request; and

(d)

(d) where appropriate, any legal advice in relation to each case.

(9) In paragraph (4) “parent” means a parent who has any parental responsibilities or parental rights in relation to the child.

3 ASSESSMENT OF PROSPECTIVE ADOPTERS

PART III

ASSESSMENT OF PROSPECTIVE ADOPTERS

S-7 Duties of adoption agencies: assessment of prospective adopters

Duties of adoption agencies: assessment of prospective adopters

7.—(1) Each adoption agency must prepare and publish a statement of the general criteria applied by it for the purpose of determining whether any person may be accepted for assessment as an adoptive parent.

(2) Each adoption agency must from time to time review the general criteria prepared by it under paragraph (1).

(3) In considering any application by a person to be assessed by the adoption agency as an adoptive parent the adoption agency must–

(a)

(a) apply the general criteria under paragraph (1); and

(b)

(b) undertake any further steps which it considers necessary to consider and make a determination on the application.

(4) Where the adoption agency determines that a person should not be accepted for assessment as an adoptive parent it must give notice in writing of its determination to that person.

(5) Where the adoption agency determines that a person should be accepted for assessment as an adoptive parent it must–

(a)

(a) so far as is reasonably practicable obtain the information in Part I of Schedule 1;

(b)

(b) assess the case and prepare a report on the assessment;

(c)

(c) refer the case to the adoption panel for a recommendation on whether the prospective adopter is suitable to be an adoptive parent;

(d)

(d) provide all relevant information obtained under sub-paragraph (a) and a copy of the report on the assessment to the adoption panel at the same time as making the referral;

(e)

(e) notify the prospective adopter that the case has been referred to the adoption panel; and

(f)

(f) provide the prospective adopter with a copy of the report provided to the adoption panel which report shall exclude any information provided by any person in confidence.

S-8 Approval of prospective adopters

Approval of prospective adopters

8.—(1) Where an adoption agency receives a recommendation from the adoption panel under regulation 6(2)(c) or (d) it must make a decision on whether the prospective adopter is suitable to be an adoptive parent within 14 days of the date the recommendation was made.

(2) No member of the adoption panel which made the recommendation is to take part in the decision.

(3) Where an adoption agency makes a decision that a person is suitable to be an adoptive parent it must be satisfied that–

(a)

(a) it has taken into account the recommendations made by the adoption panel; and

(b)

(b) the prospective adopter is a suitable person with whom to place a child or children.

(4) Where the adoption agency makes a...

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