The Adoption Agencies (Wales) Regulations 2005

1Citation, commencement and application

2Interpretation

PART 2ADOPTION AGENCY — ARRANGEMENTS FOR ADOPTION WORK

3Establishment of adoption panel

4Tenure of office of members of the adoption panel

5Meetings of adoption panel

6Payment of fees — chair or independent person on local authority adoption panel

7Adoption agency arrangements for adoption work

8Requirement to appoint an agency adviser to the adoption panel

9Requirement to appoint a medical adviser

10Establishment of new adoption panels on 30 December 2005

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

11Application of regulations 11 to 20

12Requirement to open child’s case record

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

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

15Requirement to obtain information (including health information) about the child

16Requirement to obtain information (including health information) about the child’s family

17Requirement to prepare a written report for the adoption panel

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

19Adoption agency decision and notification

20Request to appoint a Welsh family proceedings officer or an officer of CAFCASS

PART 4DUTIES OF ADOPTION AGENCY IN RESPECT OF A PROSPECTIVE ADOPTER

21Requirement to provide counselling and information

22Requirement to consider application for an assessment of suitability to adopt a child

23Requirement to carry out police checks

24Requirement to notify

25Requirement to provide preparation for adoption

26Procedure in respect of carrying out an assessment

27Function of the adoption panel

28Adoption agency decision and notification

29Information to be sent to the independent review panel

30Reviews and termination of approval

31Duties of the adoption agency in a section 83 case following approval of prospective adopter

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

32Proposed placement

33Function of the adoption panel in relation to the proposed placement

34Adoption agency’s decision in relation to the proposed placement

35Function of the adoption agency in a section 83 case

PART 6PLACEMENTS AND REVIEWS

36Requirements imposed on the adoption agency before the child is placed for adoption with prospective adopter

38Independent reviewing officers

39Withdrawal of consent

40Storage of case records

41Preservation of case records

42Confidentiality of case records

43Access to case records and disclosure of information

44Transfer of case records

45Application of regulations 41 to 43

PART 8MISCELLANEOUS

46Modification of the 1989 Act in relation to adoption

PART 1INFORMATION ABOUT THE CHILD

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

2A photograph and physical description.

4Racial origin and cultural and linguistic background.

5Religious persuasion, if any, (including details of baptism, confirmation or...

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

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

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

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

10An assessment of the child’s personality, social development and emotional...

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

12The educational history of the child including—

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

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

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

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

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

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

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

3A full health history of the child, including—

4The signature, name, address and telephone number and qualifications of...

PART 3INFORMATION ABOUT THE CHILD'S FAMILY AND OTHERS

1Information about each parent of the child (both natural and adoptive) including a father who does not have parental responsibility for the child

2A photograph, if available, and physical description.

4Racial origin and cultural and linguistic background.

5Religious persuasion, if any.

6A description of their personality and interests.

7Information about the child’s brothers and sisters

8A photograph, if available, and physical description.

10Address, if appropriate.

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

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

14Address, if appropriate.

15Family history and relationships

16Where the child’s parents were not married to each other...

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

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

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

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

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

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

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

24Other information about each parent of the child and where regulation 14(2) applies, the father

25Details of their educational history.

26Details of their employment history.

27Information about the parenting capacity of the child’s mother and...

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

PART 4PARTICULARS RELATING TO A GUARDIAN

1(a) Name, gender and date and place of birth.

2Their past and present relationship with the child.

4Any other relevant information which the agency considers may assist...

PART 5PARTICULARS RELATING TO THE HEALTH OF THE CHILD'S NATURAL PARENTS AND BROTHERS AND SISTERS

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

2A family health history, covering each of the child’s natural...

3A health history of each of the child’s natural parents,...

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

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

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

7The signature, name, address, telephone number and qualifications of any...

SCHEDULE 2INFORMATION AND DOCUMENTS TO BE PROVIDED TO WELSH FAMILY PROCEEDINGS OFFICER OR OFFICER OF CAFCASS

1A copy of the child’s birth certificate.

2Name and address of the parent or guardian.

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

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

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

PART 1OFFENCES SPECIFIED FOR THE PURPOSES OF REGULATION 23(3)(b)

1Offences in England and Wales

2Offences in Scotland

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

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

5An offence under section 52 or 52A of the Civil...

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

7Offences in Northern Ireland

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

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

10An offence under Article 9 of the Criminal Justice (Evidence...

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

12An offence under section 3 of the Sexual Offences (Amendment)...

PART 2REPEALED STATUTORY OFFENCES

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

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

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

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

PART 1INFORMATION ABOUT PROSPECTIVE ADOPTER

1Information about the prospective adopter

2A photograph and physical description.

3Whether the prospective adopter is domiciled or habitually resident in...

4Racial origin and cultural and linguistic background.

5Religious persuasion, if any.

6Relationship (if any) to the child.

7An assessment of the prospective adopter’s personality and interests.

8If the prospective adopter is married or in a civil...

9Details of any previous family court proceedings in which the...

10Names and addresses of three referees who will give personal...

11Name and address of the prospective adopter’s registered medical practitioner,...

12If the prospective adopter is— (a) married, the date and...

13Details of any previous marriage, civil partnership or relationship.

14A family tree with details of the prospective adopter, their...

15A chronology of the prospective adopter from birth.

16The observations of the prospective adopter about their own experience...

17Details of any experience the prospective adopter has had of...

18Any other information which indicates how the prospective adopter and...

20Information about the home of the prospective adopter etc.

21Details of other members of the prospective adopter’s household (including...

22The local community of the prospective adopter, including the degree...

23Education and employment

24Details of the prospective adopter’s employment history and the observations...

25The current employment of the prospective adopter and their views...

27Other information

28The prospective adopter’s — (a) reasons for wishing to adopt...

29The views of other members of the prospective adopter’s household...

30Any other relevant information which might assist the adoption panel...

PART 2INFORMATION ABOUT THE HEALTH OF THE PROSPECTIVE ADOPTER

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

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

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

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

5Obstetric history (if applicable).

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

7A full medical examination.

8Details of any consumption of alcohol that may give cause...

9Any other relevant information which the agency considers may assist...

10The signature, name, address and qualifications of the registered medical...

SCHEDULE 5INFORMATION ABOUT THE CHILD TO BE GIVEN TO THE PROSPECTIVE ADOPTER

1Details of the child.

2Photograph and physical description.

3Details of the child’s family circumstances and home environment, including...

4Chronology of the child’s care.

5The child’s behaviour, how the child interacts with other children...

6Whether the child is looked after by the local authority...

7Details of the child’s placement history including reasons for any...

8Details of the child’s state of health, health history and...

9Details of the child’s educational history, a summary of the...

10The child’s ascertainable wishes and feelings in relation to adoption,...

11The wishes and feelings of the child’s parent, guardian, relative...

12The views of the person with whom the child is...

13The assessment of the child’s needs for adoption support services...

14The agency’s proposals for allowing any person contact with the...

15The proposed time-scale for placement.

16Any other information which the agency considers relevant.

SCHEDULE 6PLACEMENT PLAN

1Status of the child and whether placed under a placement...

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

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

4The arrangements for review of the placement.

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

6The adoption support services the local authority has decided to...

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

8The date on which the life story book and later...

9Details of any arrangements that need to be made.

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

2005 No. 1313 (W.95)

CHILDREN AND YOUNG PERSONS, WALES

SOCIAL CARE, WALES

The Adoption Agencies (Wales) Regulations 2005

Made10 May 2005

Coming into force30 December 2005

The National Assembly for Wales in exercise of the powers conferred by sections 26(1) to (2B), 59(4)(a) and (5) and 104(4) of the Children Act 19891 and sections 9(1)(a), 11(1)(b), 27(3), 45(1) and (2), 53, 54 and 140(7) and (8) and 142(4) and (5) of the Adoption and Children Act 20022 hereby makes the following Regulations: