Act of Sederunt (Child Care and Maintenance Rules) 1997

[F1 Duties of reporting officer and curator ad litem S

2.51— (1) The other duties of a reporting officer appointed under rule [F2 rule 2.50] prescribed for the purposes of section 108(1)(b) of the 2007 Act as modified and applied in relation to applications for parental orders by regulation 4 of, and Schedule 3, to the Regulations (rules: appointment of curators ad litem and reporting officers) are—

(a) to ascertain the whereabouts of all persons whose agreement to the making of a parental order in respect of the child is required;

(b) to ascertain whether there is any person other than those mentioned in the petition upon whom notice of the petition should be served;

(c) in the case of each person who is not a petitioner and whose agreement to the making of a parental order is required under section 54(6) of the 2008 Act—

(i) to ascertain whether that person understands the effect of the parental order;

(ii) to ascertain whether alternatives to a parental order have been discussed with that person;

(iii) to confirm that that person understands that he or she may withdraw his or her agreement at any time before an order is made;

(iv) to ascertain whether that person suffers or appears to suffer from a mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003; and

(d) to ascertain whether the conditions in subsections (2) to (8) of section 54 of the 2008 Act have been satisfied;

(e) to draw to the attention of the court any matter which may be of assistance; and

(f) to report in writing on the matters mentioned in subparagraphs (a) to (e) to the sheriff within 4 weeks from the date of the interlocutor appointing the reporting officer, or within such other period as the sheriff in his or her discretion may allow.

(2) A curator ad litem appointed under rule 2.50(1) must—

(a) have regard to safeguarding the interests of the child as his or her paramount duty;

(b) enquire, so far as he or she considers necessary, into the facts and circumstances stated in the petition;

(c) establish that the petitioners understand the nature and effect of a parental order and in particular that the making of the order will render them responsible for the maintenance and upbringing of the child;

(d) ascertain whether any money or other benefit which is prohibited by section 54(8) of the 2008 Act (prohibition on gift or receipt of money or other benefit) has been received or agreed upon;

(e) ascertain whether it may be in the interests of the welfare of the child that the sheriff should make the parental order subject to particular terms and conditions or require the petitioners to make special provision for the child and, if so, what provision;

(f) ascertain whether it would be better for the child that the court should make the order than it should not make the order;

(g) establish whether the proposed parental order is likely to safeguard and promote the welfare of the child throughout the child’s life; and

(h) ascertain from the child whether he or she wishes to express a view and, where a child indicates his or her wish to express a view, ascertain that view.

(3) Subject to paragraph (4), the curator ad litem must report in writing on the matters mentioned in paragraph (2) to the sheriff within 4 weeks from the date of the interlocutor appointing the curator, or within such other period as the sheriff in his or her discretion may allow.

(4) Subject to any order made by the sheriff under rule 2.53(1), the views of the child ascertained in terms of paragraph (2)(h) may, if the curator ad litem considers appropriate, be conveyed to the sheriff orally.

(5) The reporting officer must, on completion of his or her report in terms of paragraph (1), in addition send to the sheriff clerk—

(a) a copy of his or her report for each party; and

(b) any agreement for the purposes of section 54(6) of the 2008 Act.

(6) The curator ad litem must, on completion of his or her report in terms of paragraph (3), in addition send a copy of it for each party to the sheriff clerk.]

Textual Amendments

F1 Ch. 2 Pt. 6 substituted (6.4.2010) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Human Fertilisation and Embryology Act 2008) 2010 (S.S.I. 2010/137), paras. 1(1), 2(2) (with para. 3)

F2 Words in rule 2.51(1) substituted (29.7.2010) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2010 (S.S.I. 2010/279), paras. 1(2), 7(4)