Act of Sederunt (Rules of the Court of Session 1994) 1994

Duties of reporting officer and curator ad litem

67.11.—(1) A reporting officer appointed under rule 67.10 shall–

(a) inquire into the facts and circumstances averred in the petition;

(b) ascertain the whereabouts of each parent or guardian and, if practicable, meet him;

(c) witness any execution in Scotland of any agreement in Form 67.5–B by a parent or guardian under section 18(1)(a) of the Act of 1978 (agreement to freeing for adoption) and investigate whether the agreement is given freely, unconditionally and with full understanding of what is involved and, where the reporting officer has been appointed before the petition has been presented, any consent in Form 67.5–D by a parent or guardian under section 18(2)(a) of that Act (consent to freeing for adoption);

(d) where a parent or guardian is furth of Scotland, confirm his views in writing, ensure that any agreement under section 18(1) of the Act of 1978 is witnessed in accordance with rule 67.5(3) and investigate whether the agreement is given freely, unconditionally and with full understanding of what is involved;

(e) ensure that each parent or guardian who can be found and who has executed an agreement for the purposes of section 18(1)(a) of the Act of 1978 understands that he may renounce that agreement at any time before a freeing for adoption order is made;

(f) witness any execution in Scotland of a consent of child in Form 67.5–E under section 18(8) of the Act of 1978 (consent to freeing for adoption) and ensure that he understands the consequences of that consent;

(g) where a child in respect of whom a consent under section 18(8) of the Act of 1978 is required is furth of Scotland confirm his consent in writing and ensure that the consent is witnessed in accordance with rule 67.5(3);

(h) consider whether the petitioner has made every reasonable effort to find every person whose agreement is required;

(i) investigate whether there are any other persons with a relevant interest and whether they should be informed of the petition;

(j) ascertain whether the petitioner has considered the position of any reputed father;

(k) where the father of the child does not have parental rights, consider the prospect of any application by him for parental rights and whether such an application would be likely to be refused;

(l) discuss alternatives to adoption with each parent or guardian who can be found;

(m) explain the consequences of a freeing for adoption order to each parent or guardian who can be found;

(n) ensure that each parent or guardian who can be found understands he may be able to apply under section 20 of the Act of 1978(1) and rule 67.14 for revocation of a freeing for adoption order, and the procedure for making such an application;

(o) ensure that each parent or guardian who can be found has been given an opportunity to make a declaration under section 18(6) of the Act of 1978 that he prefers not to be involved in future questions concerning the adoption of the child;

(p) consider why the application is for a freeing for adoption order and not a full adoption order;

(q) consider whether the account by the petitioner of the likelihood of arranging adoption after a freeing for adoption order is correct;

(r) consider whether any payment or reward prohibited by section 51 of the Act of 1978 (prohibition on certain payments) has been received or agreed upon;

(s) ensure that each parent or guardian who can be found is aware of the date (if known) of the hearing to determine the application if he wishes to appear, and confirm that such person whose agreement is required and has not been dispensed with understands that he may withdraw his agreement at any time before the freeing for adoption order is made;

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

(u) prepare a report in relation to the exercise of his duties within such period as the court may specify.

(2) A curator ad litem appointed under rule 67.10(1)(b) shall–

(a) safeguard generally the interests of the child;

(b) inquire, so far as he considers necessary, into the facts and circumstances averred in the petition;

(c) confirm any consent by a child under section 18(8) of the Act of 1978 (consent to freeing for adoption);

(d) inquire into any matters not averred in the petition which appear to him to be relevant to the making of a freeing for adoption order;

(e) ascertain the current circumstances and care of the child;

(f) where the agreement or consent of a parent or guardian or the consent of a child is sought to be dispensed with, consider whether the ground of dispensation has been made out;

(g) consider whether, in his opinion, the child should be present at the hearing to determine the petition;

(h) perform such other duties as appear to him to be necessary or as the court may require; and

(i) prepare a report in relation to the exercise of his duties within such period as the court may specify.

(3) The reporting officer shall, on completion of his report, send to the Deputy Principal Clerk–

(a) the report and a copy of it for each party;

(b) any agreement for the purposes of section 18(1)(a) of the Act of 1978 (agreement of parent or guardian to freeing for adoption);

(c) any declaration for the purposes of section 18(6) of the Act of 1978 (declaration of preference not to be involved in future questions concerning adoption); and

(d) any consent under section 18(8) of the Act of 1978 (consent of child to freeing for adoption).

(4) The curator ad litem shall, on completion of his report, send the report, and a copy of it for each party, to the Deputy Principal Clerk.

(1)

Section 20 was amended by the Children Act 1989 (c. 41), Schedule 10, paragraph 36.