The Adoption Agencies (Wales) Regulations 2005

Requirement to provide counselling and information for, and ascertain the wishes and feelings of, the parent or guardian of the child and others — E+W

14.—(1) The adoption agency must, so far as is reasonably practicable —

(a) provide a counselling service for the parent or guardian of the child;

(b) explain and provide written information to the child’s parent or guardian on the following matters—

(i) the procedure in relation to both placement for adoption and adoption;

(ii) the legal implications of—

(aa) giving consent to placement for adoption under section 19 of the Act (placing children with parental consent);

(bb) giving consent to the making of a future adoption order under section 20 of the Act (advance consent to adoption);

(cc) a placement order; and

(iii) the legal implications of adoption; F1 ...

[F2 (iv) the legal implications of a child being placed in accordance with section 81 of the Social Services and Well-being (Wales) Act 2014 with a particular prospective adopter who has been granted temporary approval as a foster parent following consideration in accordance with section 81(11) of that Act; and]

(c) ascertain the wishes and feelings of the parent or guardian of the child and of any other significant person the agency considers relevant in relation to —

(i) the matters set out in section 1(4)(f)(ii) and (iii) of the Act (matters the agency must have regard to);

(ii) the placement of the child for adoption and their adoption, including any wishes and feelings about the child’s religious and cultural upbringing; and

(iii) contact with the child if the agency is authorised to place the child for adoption or the child is adopted.

[F3 (2) This paragraph applies where the father of the child or the woman who is a parent of the child by virtue of section 43 of the 2008 Act does not have parental responsibility for the child and that person’s identity is known to the adoption agency.]

(3) Where paragraph (2) applies and the adoption agency is satisfied it is appropriate to do so the agency must—

(a) carry out in respect of the father [F4 or woman who is a parent by virtue of section 43 of the 2008 Act] the requirements of paragraph (1)(a), (b)(i), [F5 (iii), and (iv)] and (c) as if they applied to the father [F4 or woman who is a parent by virtue of section 43 of the 2008 Act] and

(b) ascertain so far as possible whether the father [F4 or woman who is a parent by virtue of section 43 of the 2008 Act]—

(i) wishes to acquire parental responsibility for the child under [F6 section 4 or 4ZA] of the 1989 Act (acquisition of parental responsibility)(1); or

(ii) intends to apply for a [F7 child arrangements] order with respect to the child under section 8 of the 1989 Act ([F8 child arrangements orders] and other orders with respect to children) or where the child is subject to a care order, an order under section 34 of the 1989 Act (parental contact with children in care).

Textual Amendments

F1 Word in reg. 14(1)(b) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(5)(a)

F2 Reg. 14(1)(b)(iv) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(5)(a)

F3 Reg. 14(2) substituted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(4)(a) (with Sch. 4)

F4 Words in reg. 14(3) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(4)(b)(i) (with Sch. 4)

F5 Words in reg. 14(3)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(5)(b)

F6 Words in reg. 14(3)(b)(i) substituted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(4)(b)(ii) (with Sch. 4)

F7 Words in reg. 14(3)(b)(ii) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 11(2)(a)

F8 Words in reg. 14(3)(b)(ii) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 11(2)(b)

Commencement Information

I1 Reg. 14 in force at 30.12.2005, see reg. 1(1)

(1)

Section 4 was amended by section 111 of the Act.