PART 1Adoption
CHAPTER 3Placement for adoption and adoption orders
Removal of children in non-agency cases
35Authority foster parents
(1)
This section applies if the child’s home is with authority foster parents.
(2)
If—
(a)
the child’s home has been with the foster parents at all times during the period of five years ending with the removal and the foster parents have given notice of intention to adopt; or
(b)
an application has been made for leave under section 39(6) and has not been disposed of,
the following persons may remove the child.
(3)
They are—
(a)
a person who has the court’s leave;
(b)
an adoption authority or other person in the exercise of a power conferred by any statutory provision, other than Article 22(2) of the Children Order.
(4)
If subsection (2) does not apply but—
(a)
the child’s home has been with the foster parents at all times during the period of one year ending with the removal; and
(b)
the foster parents have given notice of intention to adopt,
the following persons may remove the child.
(5)
They are—
(a)
subject to subsection (6), a person with parental responsibility for the child who is exercising the power in Article 22(2) of the Children Order;
(b)
a person who has the court’s leave;
(c)
an adoption authority or other person in the exercise of a power conferred by any statutory provision, other than Article 22(2) of the Children Order.
(6)
The power mentioned in subsection (5)(a) is not exercisable by the person there mentioned for such period as the court may, on an application made by the adoption authority, order.