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The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013

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Amendment of the Care Planning, Placement and Case Review (England) Regulations 2010

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3.  After regulation 25 insert—

Temporary approval of prospective adopter as foster parent

25A.(1) Where the responsible authority is satisfied that—

(a)the most appropriate placement for C is with a person who is not approved as a local authority foster parent, but who is an approved prospective adopter, and

(b)it is in C’s best interests to be placed with that person,

the responsible authority may approve that person as a local authority foster parent in relation to C for a temporary period (“temporary approval period”) provided that the responsible authority first comply with the requirements of paragraph (2).

(2) Before approving an approved prospective adopter as a local authority foster parent under paragraph (1), the responsible authority must—

(a)assess the suitability of that person to care for C as a foster parent, and

(b)consider whether, in all the circumstances and taking into account the services to be provided by the responsible authority, the proposed arrangements will safeguard and promote C’s welfare and meet C’s needs set out in the care plan.

(3) The temporary approval period expires—

(a)on C’s placement with the approved prospective adopter being terminated by the responsible authority,

(b)on the approved prospective adopter’s approval as a prospective adopter being terminated,

(c)on the approved prospective adopter being approved as a foster parent in accordance with the Fostering Services Regulations,

(d)if the approved prospective adopter gives written notice to the responsible authority that they no longer wish to be temporarily approved as a foster parent in relation to C, with effect from 28 days from the date on which the notice is received by the responsible authority, or

(e)on C being placed for adoption with the approved prospective adopter in accordance with the Adoption and Children Act 2002(1).

(4) In this regulation “approved prospective adopter” means a person who has been approved as suitable to adopt a child under the Adoption Agencies Regulations 2005(2) and whose approval has not been terminated..

(2)

S.I. 2005/389, amended by S.I. 2013/985. There are other amendments not relevant to these Regulations.

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