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PART IVN.I.CARE AND PROTECTION OF CHILDREN AWAITING ADOPTION

Restrictions on removal of childrenN.I.

Restrictions on removal where adoption agreed or application made under Article 17(1) or 18(1)N.I.

28 .F1—(1) While an application for an adoption order is pending—

(a)where a parent or guardian of the child has agreed to the making of the adoption order (whether or not he knows the identity of the applicant), the parent or guardian;

(b)any person or body, other than a parent or guardian;

is not entitled, against the will of the person with whom the child has his home, to remove the child from the[F2 home] of that person except with the leave of the court.

(2) While an application is pending for an order freeing a child for adoption and—

(a)the child is in the care of the adoption agency making the application, and

(b)the application was not made with the consent of each parent or guardian of the child,

no parent or guardian of the child is entitled, against the will of the person with whom the child has his home, to remove the child from the[F2 home] of that person except with the leave of the court.

[F2(2A) For the purposes of paragraph (2) a child is in the care of an adoption agency if the adoption agency is [F3an] [F4HSC trust] and he is in its care.]

(3) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and 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.

F1mod. by SR 2003/16

Modifications etc. (not altering text)

Restrictions on removal where applicant has provided home for 5 yearsN.I.

29.—(1) While an application for an adoption order in respect of a child made by the person with whom the child has had his home for the 5 years preceding the application is pending, no person is entitled, against the will of the applicant, to remove the child from the applicant's[F5 home] except with the leave of the court or under authority conferred by any enactment or on the arrest of the child.

(2) Where a person ( “the prospective adopter”) gives notice to the F6... [F7HSC trust] within whose area he has his home that he intends to apply for an adoption order in respect of a child who for the preceding 5 years has had his home with the prospective adopter, no person is entitled, against the will of the prospective adopter, to remove the child from the prospective adopter's[F5 home], except with the leave of a court or under authority conferred by any enactment or on the arrest of the child, before—

(a)the prospective adopter applies for the adoption order, or

(b)the period of 3 months from the receipt of the notice by the F6... [F7HSC trust] expires,

whichever occurs first.

[F5(2A) In paragraphs (1) and (2) “any enactment” does not include Article 22(2) of the Children (Northern Ireland) Order 1995.]

[F5(3) In any case where paragraph (1) or (2) applies and—

(a)the child was being looked after by [F8an] [F7HSC trust] before he began to have his home with the applicant or, as the case may be, the prospective adopter, and

(b)the child is still being looked after by the F9... [F7HSC trust],

the F10... [F7HSC trust] shall not remove him from the home of the applicant or the prospective adopter except in accordance with Article 31 or 32 or with the leave of a court.]

(4) In paragraphs (2) and (3) “a court” means a court with jurisdiction to make adoption orders.

F11(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(5A) An [F7HSC trust] which receives such notice as is mentioned in paragraph (2) in respect of a child whom the [F7HSC trust] knows to be[F5 looked after by another [F7HSC trust] F13... or to be provided with accommodation by a voluntary organisation] shall, not more than 7 days after the receipt of the notice, inform that other [F7HSC trust] or that F14... organisation, in writing, that it has received the notice.]

(6) Paragraph (2) does not apply to any further notice served by the prospective adopter on any F15... [F7HSC trust] in respect of the same child during the period referred to in sub-paragraph (b) of that paragraph or within 28 days after its expiry.

(7) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and 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.

(8) The Department may by order made subject to affirmative resolution amend paragraph (1) or (2) to substitute for the period of 5 years mentioned in that paragraph such other period as may be specified in the order.

Return of child taken away in breach of Article 28 or 29N.I.

30.—[F16(1) An authorised court may, on the application of a person from whose home a child has been removed in breach of—

(a)Article 28 or 29;

(b)section 27 or 28 of the Adoption Act 1976; or

[F17(c)section 20, 21 or 22 of the Adoption and Children (Scotland) Act 2007,]

order the person who has so removed the child to return the child to the applicant.

(2) An authorised court may, on the application of a person who has reasonable grounds for believing that another person is intending to remove a child from his home in breach of—

(a)Article 28 or 29;

(b)section 27 or 28 of the Adoption Act 1976; or

[F18(c)section 20, 21 or 22 of the Adoption and Children (Scotland) Act 2007,]

by order direct that other person not to remove the child from the applicant's home in breach of any of those provisions.]

(3) If, in the case of an order made by the High Court under paragraph (1), the High Court or, in the case of an order made by a county court under paragraph (1), a county court is satisfied that the child has not been returned to the applicant, the court may make an order authorising a constable to search such premises as may be specified in the order for the child and, if a constable acting in pursuance of the order finds the child, to return the child to the applicant.

(4) If a justice of the peace is satisfied by complaint on oath that there are reasonable grounds for believing that a child to whom an order under paragraph (1) relates is in premises specified in the complaint, he may issue a search warrant authorising a constable to search the premises for the child, and if a constable acting in pursuance of the warrant finds the child, he shall return the child to the person on whose application the order under paragraph (1) was made.

(5) An order under paragraph (3) may be enforced in like manner as a warrant of commitment.

Modifications etc. (not altering text)

Return of children placed for adoption by adoption agenciesN.I.

31 .F19—(1) Subject to paragraph (2), at any time after a child has been[F20 placed with] any person in pursuance of arrangements made by an adoption agency for the adoption of the child by that person, and before an adoption order has been made on the application of that person in respect of the child,—

(a)that person may serve notice on the agency of his intention not to[F20 give the child a home]; or

(b)the agency may cause notice to be served on that person of their intention not to allow the child to remain in his[F20 home].

(2) A notice under paragraph (1)(b) shall not be served in respect of a child in relation to whom an application has been made for an adoption order except with the leave of the court to which the application has been made.

(3) Where a notice is served on an adoption agency by any person or by an adoption agency on any person under paragraph (1), or where an application for an adoption order made by any person in respect of a child placed[F20 with him] by an adoption agency is refused by the court or withdrawn, that person shall, within 7 days after the date on which notice was served or the application refused or withdrawn, as the case may be, cause the child to be returned to the agency, who shall receive the child.

(4) Where the period specified in an interim order made under Article 26 (whether as originally made or as extended under paragraph (2) of that Article) expires without an adoption order having been made in respect of the child, paragraph (3) shall apply as if the application for an adoption order upon which the interim order was made, had been refused at the expiration of that period.

(5) It shall be sufficient compliance with the requirements of paragraph (3) if the child is delivered to, and is received by, a suitable person nominated for the purpose by the adoption agency.

(6) Where an application for an adoption order is refused the court may, if it thinks fit at any time before the expiry of the period of 7 days mentioned in paragraph (3), order that period to be extended to a duration, not exceeding 6 weeks, specified in the order.

(7) Any person who contravenes the provisions of this Article shall be guilty of an offence and 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; and the court by which the offender is convicted may order the child in respect of whom the offence is committed to be returned to his parent or guardian or to the adoption agency which made the arrangements referred to in paragraph (1).

F19mod. by SR 2003/16

[F21Application of Article 31 where child not placed for adoptionN.I.

32 .F22—(1) Where a person serves a notice in pursuance of Article 22(1) on the F23... [F24HSC trust] within whose area he has his home of his intention to apply for an adoption order in respect of a child—

(a)who is (when the notice is given) being looked after by [F25an] [F24HSC trust]; but

(b)who was placed with that person otherwise than in pursuance of such arrangements as are mentioned in Article 31(1),

Article 31 shall apply as if the child had been placed in pursuance of such arrangements, except that where the application is refused by the court or withdrawn the child need not be returned to the F23... [F24HSC trust] in whose care he is unless the F23... [F24HSC trust] so requires.

(2) Where notice of intention is served as described in paragraph (1) in respect of any child who is (when the notice is given) being looked after by [F26an] [F24HSC trust] then, until the application for an adoption order has been made and disposed of, any right of the F27... [F24HSC trust] to require the child to be returned to it otherwise than in pursuance of Article 31 shall be suspended.

(3) While the child has his home with the person by whom the notice is served no contribution shall be payable (whether under a contribution order or otherwise) in respect of the child by any person liable under Articles 38 to 43 of the Children (Northern Ireland) Order 1995 to make contributions in respect of him (but without prejudice to the recovery of any sum due at the time the notice is served), unless 12 weeks have elapsed since the service of the notice without the application being made or the application has been refused by the court or withdrawn.

(4) Nothing in this Article affects the right of any person who has parental responsibility for a child to remove him under Article 22(2) of the Children (Northern Ireland) Order 1995.]

F22mod. by SR 2003/16