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The Adoption (Northern Ireland) Order 1987

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Changes over time for: Cross Heading: Protected children

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Changes to legislation:

The Adoption (Northern Ireland) Order 1987, Cross Heading: Protected children is up to date with all changes known to be in force on or before 25 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Protected childrenN.I.

Meaning of “protected child”N.I.

33.—(1) Where a person gives notice in pursuance of Article 22(1) to the F1... [F2HSC trust] 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.

[F3(1A) 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—

(a)section 32 of the Adoption Act 1976; F4. . .

(b)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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

(a)he is in the care of any person in—

[F3(i)any school in which he is receiving full‐time education;

(ii)any[F5 children's home in respect of which a person is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003];

(iii)any hospital;

(iv)any home or institution not specified in heads (i) to (iii) but provided by the Secretary of State, a government department or a prescribed public body; or]

(b)he is resident in a residential home for persons suffering from mental disorder within the meaning of Article 3(1) of the Mental Health (Northern Ireland) Order 1986F6; or

(c)he is liable to be detained or is subject to guardianship under that Order of 1986.

[F3(2A) Paragraph (2)(a) shall be construed in accordance with Article 2(2) of the Children (Northern Ireland) Order 1995 (interpretation).]

[F3(3) A protected child ceases to be a protected child—

(a)on the grant or refusal of the application for an adoption order;

(b)on the notification to the F7... [F2HSC trust] for the area where the child has his home that the application for an adoption order has been withdrawn;

(c)in a case were no application is made for an adoption order, on the expiry of the period of two years from the giving of the notice;

(d)on the making of a residence order, a care order or a supervision order under the Children (Northern Ireland) Order 1995 in respect of the child;

(e)on the appointment of a guardian for him under that Order;

(f)on his attaining the age of 18 years; or

(g)on his marriage[F8 or forming a civil partnership],

whichever first occurs.

(4) In paragraph (3)(d) the references to a care order and a supervision order do not include references to an interim care order or interim supervision order.]

Duty of [F9HSC trusts] to secure well-being of protected childrenN.I.

34.—(1) Every F10... [F11HSC trust] shall secure that protected children within its area are visited from time to time by officers of the F10... [F11HSC trust], who shall satisfy themselves as to the well-being of the children and give such advice as to their care and maintenance as may appear to be needed.

(2) Any officer of [F12an] [F11HSC trust] authorised to visit protected children may, after producing, if asked to do so, some duly authenticated document showing that he is so authorised, inspect any premises in the area of the F13... [F11HSC trust] in which such children are to be or are being kept.

Art. 35 rep. with saving by 1995 NI 2

Notices and information to be given to [F14HSC trusts] N.I.

36.—(1) Where a person[F15 with whom a protected child has his home] changes his permanent address he shall not less than 2 weeks before the change, or, if the change is made in an emergency, not later than 1 week after the change, serve a notice specifying the new address on the F16... [F17HSC trust] in whose area his permanent address is before the change, and if the new address is in the area of another F16... [F17HSC trust], the F16... [F17HSC trust] on whom the notice is served shall inform that other Board[F18 or [F17HSC trust]] and give it such of the following particulars as are known to it, that is to say—

(a)the name, sex and date and place of birth of the child;

(b)the name and address of every person who is a parent or guardian or acts as a guardian of the child or from whom the child was received.

(2) If a protected child dies, the person[F15 with whom he had his home] at his death shall within 48 hours serve notice of the child's death on the Board[F18 or [F17HSC trust]] .

Offences relating to protected childrenN.I.

37.—(1) A person shall be guilty of an offence if—

(a)being required, under Article 36 to serve any notice or give any information, he fails to serve the notice within the time specified in that provision or fails to give the information within a reasonable time, or knowingly makes or causes or procures another person to make any false or misleading statement in the notice or information;

(b)he refuses to allow the visiting of a protected child by a duly authorised officer of [F19an] [F20HSC trust] or the inspection, under the power conferred by Article 34(2) of any premises;

Sub‐para. (c) rep. by 1995 NI 2

(2) A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

Miscellaneous provisions relating to protected childrenN.I.

38.  Para. (1) rep. 1995 NI 2

(2) A person who maintains a protected child shall be deemed for the purposes of the Life Assurance Act 1774F21 as extended by the Life Insurance (Ireland) Act 1866F22 to have no interest in the life of the child.

Para. (3) rep. 1995 NI 2

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