The Adoption Agencies (Wales) Regulations 2005

Requirements imposed on the adoption agency before the child is placed for adoption with prospective adopter

36.—(1) This paragraph applies where the adoption agency —

(a) has decided in accordance with regulation 34 to place a child for adoption with a particular prospective adopter; and

(b) has met with the prospective adopter to consider the arrangements it proposes to make for placing the child with him.

(2) Where paragraph (1) applies, the adoption agency must, at least 7 days before the child is placed with the prospective adopter, provide the prospective adopter with a placement plan in respect of the child which covers the matters specified in Schedule 6 (“the placement plan”).

(3) Where paragraph (1) applies and the child already lives with the prospective adopter, the adoption agency must provide the prospective adopter with the placement plan in respect of the child within 7 days of its decision to place the child for adoption with the prospective adopter.

(4) Where paragraph (1) applies, the adoption agency must, before the child is placed for adoption with the prospective adopter—

(a) notify the prospective adopter’s general practitioner in writing of the proposed placement and send with that notification a written report of the child’s health history and current state of health;

(b) notify the local authority (if that authority is not the adoption agency) and Local Health Board or Primary Care Trust (England) in whose area the prospective adopter resides in writing of the proposed placement;

(c) notify the local education authority in whose area the prospective adopter resides in writing of the proposed placement and information about the child’s educational history and whether the child has been or is likely to be assessed for special educational needs under the Education Act 1996.

(5) The adoption agency must notify the prospective adopter in writing of any change to the placement plan.

(6) Where paragraph (1) applies the adoption agency must, before the child is placed for adoption with the prospective adopter, arrange for the prospective adopter to meet the child and following that meeting counsel the prospective adopter and, so far as is reasonably practicable in the light of the child’s age and understanding, the child about the prospective placement.

(7) Where, following the procedures referred to in paragraph (6) the prospective adopter confirms in writing their wish to proceed with the placement and the agency is authorised to place the child for adoption or the child is less than 6 weeks old, the adoption agency may place the child for adoption with the prospective adopter.

(8) Where the child already lives with the prospective adopter, the adoption agency must notify the prospective adopter in writing of the date on which the child is placed there for adoption by the agency.