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124. In Article 27 of the Children Order (accommodation and maintenance for children), after paragraph (9) insert—
“(9A) Paragraph (9B) applies (subject to paragraph (9C)) where an authority—
(a)is considering adoption for a child; or
(b)is satisfied that a child ought to be placed for adoption but is not authorised under section 16 of the Adoption and Children Act (Northern Ireland) 2022 (placing children with parental consent) or by virtue of section 18 of that Act (placement orders) to place the child for adoption.
(9B) Where this paragraph applies—
(a)paragraphs (7A) to (9) do not apply to the authority;
(b)the authority must consider placing the child with a person who—
(i)falls within paragraph (7)(b); and
(ii)is approved as an authority foster parent; and
(c)where the authority decides that such a placement is not the most appropriate placement for the child, the authority must consider placing the child with a person who—
(i)is approved as a prospective adopter; and
(ii)is approved as an authority foster parent.
(9C) Paragraph (9B) does not apply where an authority has applied for a placement order under section 18 of the Adoption and Children Act (Northern Ireland) 2022 in respect of the child and the application has been refused.
(9D) In paragraph (9B)—
“approved as a prospective adopter” means approved as such in accordance with regulations made under section 9 of the Adoption and Children Act (Northern Ireland) 2022;
“approved as an authority foster parent” means approved as such in accordance with regulations made under Article 28A.”.
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