Adoption (Scotland) Act 1978

32 Meaning of " protected child "

(1) Where a person gives notice in pursuance of section 22(1) to the local authority within whose area he lives of his intention to apply for an adoption order in respect of a child, the child is for the purposes of this Part a protected child while he has his home with that person.

(2) A child shall be deemed to be a protected child for the purposes of this Part if he is a protected child within the meaning of section 32 of the [1976 c. 36.] Adoption Act 1976.

(3) A child is not a protected child by reason of any such notice as is mentioned in subsection (1) while—

(a) he is in the care of any person in any such school, home or institution as is mentioned in subsection (3) of section 2 of the [1958 c. 65.] Children Act 1958 ; or

(b) he is resident in a residential establishment provided for persons suffering from mental disorder under section 59 of the [1968 c. 49.] Social Work (Scotland) Act 1968; or

(c) he is liable to be detained or subject to guardianship under section 23 of the [1960 c. 61.] Mental Health (Scotland) Act 1960.

(4) A protected child ceases to be a protected child when—

(a) the application for an adoption order lapses or is withdrawn;

(b) the application for an adoption order is granted or otherwise determined;

(c) an order is made awarding custody of the child ;

(d) an order is made appointing a guardian of the child ; or

(e) the child attains the age of 18 years.