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The Adoption Agencies Regulations 2005

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  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement and application

    2. 2.Interpretation

  3. PART 2 ADOPTION AGENCY - ARRANGEMENTS FOR ADOPTION WORK

    1. 3.The central list

    2. 4.Constituting an adoption panel

    3. 5.Adoption agencies operating only for certain purposes

    4. 6.Meetings of adoption panel

    5. 7.Adoption agency arrangements for adoption work

    6. 8.Requirement to appoint an agency adviser and a medical adviser

    7. 9.Requirement to appoint a medical adviser

    8. 10.Establishment of new adoption panels on 30 December 2005

  4. PART 3 DUTIES OF ADOPTION AGENCY WHERE THE AGENCY IS CONSIDERING ADOPTION FOR A CHILD

    1. 11.Application of regulations 11 to 17

    2. 12.Requirement to open the child's case record

    3. 12A.Requirement to identify potential prospective adopters

    4. 12B.Duties of adoption agency when a child is to be placed following consideration in accordance with section 22C(9B)(c) of the Children Act 1989

    5. 13.Requirement to provide counselling and information for, and ascertain wishes and feelings of, the child

    6. 14.Requirement to provide counselling and information for, and ascertain wishes and feelings of, the parent or guardian of the child and others

    7. 15.Requirement to obtain information about the child

    8. 16.Requirement to obtain information about the child's family

    9. 17.Requirement to prepare child's permanence report ...

    10. 18.Function of the adoption panel in relation to a child referred by the adoption agency

    11. 19.Adoption agency decision and notification

    12. 19A.Information to be provided for entry in Part 1 of the register

    13. 20.Request to appoint an officer of the Service or a Welsh family proceedings officer

    14. 20A.

  5. PART 4 Duties of Adoption Agency in Respect of a Prospective Adopter

    1. Stage 1 – the pre-assessment process

      1. 21.Registration of interest in adoption

      2. 22.Prospective adopter stage one plan

      3. 23.Prospective adopter’s case record

      4. 24.Requirement to provide counselling, information and preparation for adoption

      5. 25.Requirement to carry out police checks

      6. 26.Other pre-assessment information

      7. 27.Pre-assessment decision

    2. Stage 2 – the assessment decision

      1. 28.Stage 2 assessment

      2. 29.Prospective adopter assessment plan

      3. 30.Prospective adopter’s report

      4. 30A.Function of the adoption panel

      5. 30B.Adoption agency decision and notification

      6. 30C.Information to be sent to the independent review panel

      7. 30D.Review and termination of approval

      8. 30E.Duties of the adoption agency in a section 83 case

      9. 30F.Application of Part 4 with modifications to specified persons

      10. 30G.Information to be provided for entry in Part 3 of the register

      11. 30H.Prospective adopter matching plan

  6. PART 5 DUTIES OF ADOPTION AGENCY IN RESPECT OF PROPOSED PLACEMENT OF CHILD WITH PROSPECTIVE ADOPTER

    1. 31.Proposed placement

    2. 32.Function of the adoption panel in relation to proposed placement

    3. 33.Adoption agency decision in relation to proposed placement

    4. 34.Function of the adoption agency in a section 83 case

  7. PART 6 PLACEMENT AND REVIEWS

    1. 35.Requirements imposed on the adoption agency before the child may be placed for adoption

    2. 36.Reviews

    3. 37.Independent reviewing officers

    4. 38.Withdrawal of consent

  8. PART 7 CASE RECORDS

    1. 39.Storage of case records

    2. 40.Preservation of case records

    3. 41.Confidentiality of case records

    4. 42.Access to case records and disclosure of information

    5. 43.Transfer of case records

    6. 44.Application of regulations 40 to 42

  9. PART 8 MISCELLANEOUS

    1. 45.Modification of 1989 Act in relation to adoption

    2. 46.Contact

    3. 47.Contact: supplementary

  10. Signature

    1. SCHEDULE 1

      INFORMATION

      1. PART 1 INFORMATION ABOUT THE CHILD

        1. 1.Name, sex, date and place of birth and address including...

        2. 2.A photograph and physical description.

        3. 3.Nationality.

        4. 4.Racial origin and cultural and linguistic background.

        5. 5.Religious persuasion (including details of baptism, confirmation or equivalent ceremonies)....

        6. 6.Whether the child is looked after or is provided with...

        7. 7.Details of any order made by a court with respect...

        8. 8.Whether the child has any rights to, or interest in,...

        9. 9.A chronology of the child's care since birth.

        10. 10.A description of the child's personality, his social development and...

        11. 11.Whether the child has any difficulties with activities such as...

        12. 12.The educational history of the child including—

        13. 13.Information about— (a) the child's relationship with—

        14. 14.The current arrangements for and the type of contact between...

        15. 15.A description of the child's interests, likes and dislikes.

        16. 16.Any other relevant information which might assist the adoption panel...

        17. 17.In this Part “parent” includes the child's father whether or...

      2. PART 2 MATTERS TO BE INCLUDED IN THE CHILD'S HEALTH REPORT

        1. 1.Name, date of birth, sex, weight and height.

        2. 2.A neo-natal report on the child, including—

        3. 3.A full health history of the child, including—

      3. PART 3 INFORMATION ABOUT THE CHILD'S FAMILY AND OTHERS

        1. 1.Information about each parent of the child

        2. 2.A photograph, if available, and physical description.

        3. 3.Nationality.

        4. 4.Racial origin and cultural and linguistic background.

        5. 5.Religious persuasion.

        6. 6.A description of their personality and interests.

        7. 7.Information about the child's brothers and sisters

        8. 8.A photograph, if available, and physical description.

        9. 9.Nationality.

        10. 10.Address, if appropriate.

        11. 11.If the brother or sister is under the age of...

        12. 12.Information about the child's other relatives and any other person the agency considers relevant

        13. 13.Nationality.

        14. 14.Address, if appropriate.

        15. 15.Family history and relationships

        16. 16.Where the child's parents are not married, whether the father...

        17. 17.If the identity or whereabouts of the child's father are...

        18. 18.Where the child's parents have been previously married or formed...

        19. 19.So far as is possible, a family tree with details...

        20. 20.Where it is reasonably practicable, a chronology of each of...

        21. 21.The observations of the child's parents about their own experiences...

        22. 22.The past and present relationship of the child's parents.

        23. 23.Details of the wider family and their role and importance...

        24. 24.Other information about each parent of the child

        25. 25.Details of their educational history.

        26. 26.Details of their employment history.

        27. 27.Information about the parenting capacity of the child's parents, particularly...

        28. 28.Any other relevant information which might assist the adoption panel...

        29. 29.In this Part “parent” includes the father of the child...

      4. PART 4 INFORMATION RELATING TO THE HEALTH OF THE CHILD'S NATURAL PARENTS AND BROTHERS AND SISTERS

        1. 1.Name, date of birth, sex, weight and height of each...

        2. 2.A health history of each of the child's natural parents,...

        3. 3.A health history of the child's brothers and sisters (of...

        4. 4.A summary of the mother's obstetric history, including any problems...

        5. 5.Details of any present illness, including treatment and prognosis.

        6. 6.Any other relevant information which the adoption agency considers may...

    2. SCHEDULE 1A

      Information about children suitable for adoption

      1. 1.The full name of the child (“C”) and the name...

      2. 2.C’s age and date of birth.

      3. 3.C’s gender.

      4. 4.C’s nationality.

      5. 5.C’s racial origin.

      6. 6.The local authority area in which C lives.

      7. 7.C’s first language and details of any other languages spoken....

      8. 8.C’s religious persuasion if any (including details of any baptism,...

      9. 9.The first language of any parent of C and details...

      10. 10.C’s legal status including whether C is accommodated by a...

      11. 11.The name and address of the adoption agency providing the...

      12. 12.The name and telephone number of C’s social worker.

      13. 13.Confirmation of the decision by the adoption agency’s decision maker...

      14. 14.Whether the adoption agency intends to place C for adoption...

      15. 15.Details of any geographical considerations in relation to C’s placement....

      16. 16.Details of any planned contact between C and any other...

      17. 17.Details of any qualities that the adoption agency are looking...

      18. 18.C’s state of health including C’s physical, emotional and mental...

      19. 19.C’s health history including, so far as is practicable, C’s...

      20. 20.C’s relevant past experience of neglect, physical abuse or sexual...

      21. 21.Details of any adoption support needs that C has been...

    3. SCHEDULE 2

      INFORMATION AND DOCUMENTS TO BE PROVIDED TO THE CAFCASS OR THE NATIONAL ASSEMBLY FOR WALES

      1. 1.A certified copy of the child's birth certificate.

      2. 2.Name and address of the child's parent or guardian.

      3. 3.A chronology of the actions and decisions taken by the...

      4. 4.Confirmation by the adoption agency that it has counselled, and...

      5. 5.Such information about the parent or guardian or other information...

    4. SCHEDULE 3

      1. PART 1 OFFENCES SPECIFIED FOR THE PURPOSES OF REGULATION 25(3)(b)

        1. 1.Offences in England and Wales

        2. 2.Offences in Scotland

        3. 3.An offence specified in Schedule 1 to the Criminal Procedure...

        4. 4.An offence of plagium (theft of a child below the...

        5. 5.Section 52 or 52A of the Civil Government (Scotland) Act...

        6. 6.An offence under section 3 of the Sexual Offences (Amendment)...

        7. 7.Offences in Northern Ireland

        8. 8.An offence specified in Schedule 1 to the Children and...

        9. 9.An offence under Article 3 of the Protection of Children...

        10. 10.. . . . . . . . . ....

        11. 11.An offence contrary to Article 15 of the Criminal Justice...

      2. PART 2 REPEALED STATUTORY OFFENCES

        1. 1.(1) An offence under any of the following sections of...

        2. 2.A person falls within this paragraph if he has been...

        3. 3.A person falls within this paragraph if he has been...

        4. 4.Paragraphs 1(c) and 3(e) and (f) do not include offences...

    5. SCHEDULE 4

      1. PART 1 Information to be provided during Stage 1

        1. 1.Information about the prospective adopter

        2. 2.If the prospective adopter is married or has formed a...

        3. 3.Details of any previous family court proceedings in which the...

        4. 4.Names and addresses of three referees who will give personal...

        5. 5.Name and address of the prospective adopter’s registered medical practitioner....

        6. 6.If the prospective adopter— (a) is married, the date and...

        7. 7.Details of any previous marriage, civil partnership or relationship.

        8. 8.Whether the prospective adopter is domiciled or habitually resident in...

        9. 9.Information about the home etc of the prospective adopter

      2. PART 2 Report on the Health of the Prospective Adopter

        1. 1.Name, date of birth, sex, weight and height.

        2. 2.A family health history of the parents, any brothers and...

        3. 3.Infertility or reasons for deciding not to have children (if...

        4. 4.Past health history, including details of any serious physical or...

        5. 5.Obstetric history (if applicable).

        6. 6.Details of any present illness, including treatment and prognosis.

        7. 7.Details of any consumption of alcohol that may give cause...

        8. 8.Any other relevant information which the adoption agency considers may...

      3. PART 3 Information to be provided during stage 2

        1. 1.Information about the prospective adopter

        2. 2.Racial origin and cultural and linguistic background.

        3. 3.Religious persuasion.

        4. 4.Relationship (if any) to the child.

        5. 5.A description of the prospective adopter’s personality and interests.

        6. 6.A family tree with details of the prospective adopter, the...

        7. 7.A chronology of the prospective adopter from birth.

        8. 8.The observations of the prospective adopter about their own experience...

        9. 9.Details of any experience the prospective adopter has had of...

        10. 10.Any other information which indicates how the prospective adopter and...

        11. 11.Wider Family

        12. 12.Information about the home etc of the prospective adopter

        13. 13.Information about the local community of the prospective adopter, including...

        14. 14.Education and employment

        15. 15.Details of the prospective adopter’s employment history and the observations...

        16. 16.The current employment of the prospective adopter and the prospective...

        17. 17.Income

        18. 18.Other information

        19. 19.The prospective adopter’s— (a) reasons for wishing to adopt a...

        20. 20.The views of other members of the prospective adopter’s household...

        21. 21.Any other relevant information which might assist the adoption panel...

    6. SCHEDULE 4A

      Modifications to Part 4

      1. 1.Regulation 22 does not apply.

      2. 2.Regulations 24, 25 and 26 only apply where an adoption...

      3. 3.Regulations 27 and 28 do not apply.

      4. 4.Regulation 30 applies as if— (a) paragraphs (1) and (4)...

      5. 5.Regulation 30A(3) does not apply.

      6. 6.Regulation 30B applies as if for paragraph (1) there were...

    7. SCHEDULE 4B

      Information about prospective adopters who are suitable to adopt a child

      1. 1.The full name of the prospective adopter (“P”) and the...

      2. 2.P’s gender.

      3. 3.P’s date of birth.

      4. 4.P’s nationality.

      5. 5.P’s address including the local authority area.

      6. 6.P’s racial origin.

      7. 7.P’s religious persuasion if any (including details of any baptism,...

      8. 8.P’s first language and details of any additional languages spoken....

      9. 9.P’s current occupation and hours of work.

      10. 10.P’s proposed employment arrangements for after the placement.

      11. 11.Details of other members of P’s household (including any children...

      12. 12.Details of any adults not living in P’s household who...

      13. 13.Details of any pets that P has.

      14. 14.Details about P’s home and the neighbourhood in which P...

      15. 15.Details of any recommendation of the adoption panel as to...

      16. 16.The name and address of the adoption agency providing the...

      17. 17.The name and telephone number of P’s social worker.

      18. 18.P’s views about contact with C’s birth family.

      19. 19.P’s views about the health and past experience of children...

    8. SCHEDULE 5

      ADOPTION PLACEMENT PLAN

      1. 1.Whether the child is placed under a placement order or...

      2. 2.The arrangements for preparing the child and the prospective adopter...

      3. 3.Date on which it is proposed to place the child...

      4. 4.The arrangements for review of the placement.

      5. 5.Whether parental responsibility of the prospective adopter for the child...

      6. 6.Where the local authority has decided to provide adoption support...

      7. 7.The arrangements which the adoption agency has made for allowing...

      8. 8.The dates on which the child's life story book and...

      9. 9.Details of any other arrangements that need to be made....

      10. 10.Contact details of the child's social worker, the prospective adopter's...

  12. Explanatory Note

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