4.1.3 Children Relinquished for Adoption |
SCOPE OF THIS CHAPTER
This chapter set out the actions to be taken both prior to and after the birth of the child.
The Adoption and Children Act 2002 sets out specific requirements that the Local Authority must adhere to in relation to a child relinquished for adoption by a birth parent.
In the majority of cases the child's birth mother will have decided prior to the child's birth that she wishes to relinquish the baby for adoption. There are, however, some instances in which this decision is made shortly after the birth of the child.
Contents
1. Procedure Regardless of the Timing of the Notification to Relinquish a Child for Adoption
The Social Worker (Fieldwork Services) will be allocated the case and at which point an Initial Assessment should be completed. If it is established that the birth mother wishes to continue with the plan to relinquish the child for adoption then a Core Assessment must also be completed. The purpose of completing a Core Assessment is as follows:
- To ascertain as much information regarding the parent and child's circumstances as possible.
- To ascertain the wishes and feelings of the birth mother and of any other person the Local Authority considers relevant
- To determine whether or not it would be appropriate to return the child to the care of his/her birth parent should they wish to continue/resume care of the child at any point in the process.
2. Relinquishment for Adoption of a Child Aged Less Than 6 Weeks
2.1 Pre-Birth Assessment/Actions Required
When a pregnant woman approaches the Local Authority and indicates her intention to relinquish the baby for adoption, the following action must be taken.
The woman should be offered pre-birth counselling, which should include an explanation of the options for the child's future care:
- staying with the parent or parents with close support where possible
- short term foster care, with the aim of returning the child with support
- long term placement within the child's extended family
- placement for adoption
- the possibility of birth father or his extended family wanting to care for the child
The Adoption Agency Regulations 2005 require the Local Authority to provide An independent counselling service for the parent of the child. In all cases, following the initial work undertaken by the social worker, Kirklees refers the birth parent(s) to the Independent Counselling Service provided for Kirklees MC by After Adoption Yorkshire
The Social Worker must, so far as is reasonably practicable, explain and provide the parent(s) with written information about:
- the procedure for placement for adoption
- the legal implications of
- Giving consent to placement for adoption under section 19 of the Adoption and Children Act 2002 including the referral to CAFCASS for the taking of parental consent
The Social Worker must establish the wishes and feelings of the birth mother and the Local Authority should, as reasonably practicable, ascertain the mother's views about:
- The child
- The placement of the child for adoption, including any wishes and feelings about religious or cultural upbringing
- Contact with the child if the Local Authority is authorised to place the child for adoption or the child is adopted.
If the mother refuses the offer of counselling this must be clearly recorded on the child's case file. The Social Worker should also write to the parent(s) confirming this position and if appropriate, their legal representative, to ensure that they are fully aware the situation.
The Local Authority should also provide pre-birth counselling and ascertain the wishes and feelings of the expected child's father.
The Local Authority should consider the options for the child and where it considers that adoption is the preferred option, the Social Worker should complete the following:
- commence the Child's Permanence Report and the Health Report
- Arrange for the Medical Advisor and the Adoption Panel to consider the case as soon as possible after the child is born.
2.2 Post-Birth Assessment/Actions Required
When the child is born the mother and where appropriate, the child's father should be offered and if requested receive further counselling to ascertain whether they still wish to relinquish the child for adoption.
If they do, the Social Worker should make arrangements for the child to be placed with approved foster carers and the foster carer should be provided with the relevant Looked After Children documentation.
The Social Worker should complete the Child's Permanence Report and arrange for the Medical Advisor to complete the Health Report and any other reports as required.
These reports should be submitted to the Adoption Panel for it to consider whether the child should be placed for adoption.
When the Local Authority's Agency Decision Maker decides that the child should be placed for adoption the parent(s) should be notified of its decision.
The Social Worker will then ascertain whether the parent(s) are prepared to agree to the child being placed for adoption with prospective adopters identified in any agreement or with any prospective adopters who may have been chosen by the agency.
Subject to the agreement being signed and witnessed by a CAFCASS officer, the Local Authority may now consider the match of the child at panel and subsequently place the child with prospective adopters. The prospective adopters should be provided with all the relevant Looked After Children Documents.
The Social Worker should maintain contact with the child's birth parent(s) and ascertain, when the child reached 6 weeks of age, whether they are prepared to consent to the placement of the child for adoption and to the child's adoption.
3. Consent
Under section 19 of the Adoption and Children Act 2002 each parent may consent to the child being placed for adoption
Consent may be either to placement with specified prospective adopters or to placement with prospective adopters chosen by the Local Authority
Consent to placement must be given by signing a prescribed form, witnessed by a CAFCASS officer (who must be satisfied that consent is given unconditionally and with a full understanding of the consequences).
Under section 20 of the Act a parent may also at the same time or later give 'advance consent' to the making of an Adoption Order in the future if no specific arrangements are being proposed at the time. A parent may decide at this point or later that they do not wish to be notified of the final adoption hearing.
The parent(s) can withdraw their consent at any time up to the point the prospective adopter(s) apply to the court to make an Adoption Order. Where consent is withdrawn, the Local Authority is required to immediately review its decision to place the child for adoption.
Should the Local Authority determine that the child should not return to the care of either parent the consideration should be given to an application for a Placement Order. This prevents the child's removal from the care of the Local Authority/placement until a court determines the appropriate course of action.
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