Regulation 35 Requirements imposed on the adoption agency before the child may be placed for adoption
England and Wales
This paragraph applies where the adoption agency—
has decided in accordance with regulation 33 to place a child for adoption with a particular prospective adopter; and
has met with the prospective adopter to consider the arrangements it proposes to make for the placement of the child with him.
Where paragraph (1) applies, the adoption agency must, as soon as possible, send the prospective adopter a placement plan in respect of the child which covers the matters specified in Schedule 5 (“the adoption placement plan”).
Where the prospective adopter notifies the adoption agency that he wishes to proceed with the placement and the agency is authorised to place the child for adoption or, subject to paragraph (4), the child is less than 6 weeks old, the agency may place the child for adoption with the prospective adopter.
Unless there is a placement order in respect of the child, the adoption agency may not place for adoption a child who is less than six weeks old unless the parent or guardian of the child has agreed in writing with the agency that the child may be placed for adoption.
Where the child already has his home with the prospective adopter, the adoption agency must notify the prospective adopter in writing of the date on which the child is placed for adoption with him by that agency.
The adoption agency must before the child is placed for adoption with the prospective adopter—
send to the prospective adopter's general practitioner written notification of the proposed placement and send with that notification a written report of the child's health history and current state of health; F1and
send to the local authority (if that authority is not the adoption agency) and F2integrated care board or Local Health Board (Wales), in whose area the prospective adopter has his home, F3and to F4NHS England if the prospective adopter's home is in England, written notification of the proposed placement F5and, where the child is of compulsory school age, include in the notification to the local authority information about the child’s educational history and whether the child has been or is likely to be assessed for special educational needs under F6the Children and Families Act 2014.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The adoption agency must notify the prospective adopter in writing of any change to the adoption placement plan.
The adoption agency must place on the child's case record—
in the case of a child who is less than 6 weeks old and in respect of whom there is no placement order, a copy of the agreement referred to in paragraph (4); and
a copy of the adoption placement plan and any changes to that plan.
Annotations
Textual amendments
- F1
Word in reg. 35(6)(a) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 (S.I. 2010/1172), art. 1(1), Sch. 3 para. 52(2)
- F2
Words in 35(6)(b) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))
- F3
Words in reg. 35(6)(b) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 79(b)
- F4
Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
- F5
Words in reg. 35(6)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 (S.I. 2010/1172), art. 1(1), Sch. 3 para. 52(3)
- F6
Words in reg. 35(6)(b) substituted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 15(2)
- F7
Reg. 35(6)(c) omitted (5.5.2010) by virtue of The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 (S.I. 2010/1172), art. 1(1), Sch. 3 para. 52(4)