OpenLegislation

Regulation 36 Requirements imposed on the adoption agency before the child is placed for adoption with prospective adopterI1

England and Wales

(1)

This paragraph applies where the adoption agency —

(a)

has decided in accordance with regulation 34 to place a child for adoption with a particular prospective adopter; and

(b)

has met with the prospective adopter to consider the arrangements it proposes to make for placing the child with him.

(2)

Where paragraph (1) applies, the adoption agency must, at least 7 days before the child is placed with the prospective adopter, provide the prospective adopter with a placement plan in respect of the child which covers the matters specified in Schedule 6 (“the placement plan”).

(3)

Where paragraph (1) applies and the child already lives with the prospective adopter, the adoption agency must provide the prospective adopter with the placement plan in respect of the child within 7 days of its decision to place the child for adoption with the prospective adopter.

(4)

Where paragraph (1) applies, the adoption agency must, before the child is placed for adoption with the prospective adopter—

(a)

notify the prospective adopter’s general practitioner in writing of the proposed placement and send with that notification a written report of the child’s health history and current state of health;

(b)

notify the local authority (if that authority is not the adoption agency) and Local Health Board or F1integrated care board (England) in whose area the prospective adopter resides in writing of the proposed placement F2and 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 the Education Act 1996;

F3(ba)

if the prospective adopter resides in England, notify F4NHS England in writing of the proposed placement.

F5(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

The adoption agency must notify the prospective adopter in writing of any change to the placement plan.

(6)

Where paragraph (1) applies the adoption agency must, before the child is placed for adoption with the prospective adopter, arrange for the prospective adopter to meet the child and following that meeting counsel the prospective adopter and, so far as is reasonably practicable in the light of the child’s age and understanding, the child about the prospective placement.

(7)

Where, following the procedures referred to in paragraph (6) the prospective adopter confirms in writing their wish to proceed with the placement and the agency is authorised to place the child for adoption or the child is less than 6 weeks old, the adoption agency may place the child for adoption with the prospective adopter.

(8)

Where the child already lives with the prospective adopter, the adoption agency must notify the prospective adopter in writing of the date on which the child is placed there for adoption by the agency.

Annotations

Textual amendments

F1

Words in reg. 36(4)(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), regs. 1(2), 22(2)

F2

Words in reg. 36(4)(b) added (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 2 para. 13(2)

F3

Reg. 36(4)(ba) 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. 83(1)(b)

F4

Words in reg. 36(4)(ba) substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 11(2)

F5

Reg. 36(4)(c) omitted (5.5.2010) by virtue of The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 2 para. 13(3)

Commencement

I1

Reg. 36 in force at 30.12.2005, see reg. 1(1)