Adoption and Children Bill

Adoption and Children Bill - continued	House of Commons
PART I, ADOPTION - continued
Placement of children by adoption agency for adoption - continued

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Contact: supplementary.	24. - (1) An order under section 23-
	(a) has effect while the adoption agency is authorised to place the child for adoption, but
	(b) may be varied or revoked by the court on an application by the child, the agency or a person named in the order.
	(2) The agency may refuse to allow the contact that would otherwise be required by virtue of an order under that section if-
	(a) it is satisfied that it is necessary to do so in order to safeguard or promote the child's welfare, and
	(b) the refusal is decided upon as a matter of urgency and does not last for more than seven days.
	(3) Regulations may make provision as to-
	(a) the steps to be taken by an agency which has exercised its power under subsection (2),
	(b) the circumstances in which, and conditions subject to which, the terms of any order under that section may be departed from by agreement between the agency and any person mentioned in section 23(3)(b) to (e) who is named in the order,
	(c) notification by an agency of any variation or suspension of arrangements made (otherwise than under an order under that section) with a view to affording any person contact with the child.
	(4) Before making a placement order the court must-
	(a) consider the arrangements which the adoption agency has made, or proposes to make, for affording any person contact with the child, and
	(b) invite the parties to the proceedings to comment on those arrangements.
	(5) An order under that section may provide for contact on any conditions the court considers appropriate.
Further consequences of placement.	25. - (1) Where a child is placed for adoption under section 16 or an adoption agency is authorised to place a child for adoption under that section, a parent or guardian of the child may not apply for a residence order.
	(2) Where-
	(a) a child is placed for adoption under section 16 or an adoption agency is authorised to place a child for adoption under that section, or
	(b) a placement order is in force in respect of a child,
	then (whether or not the child is in England and Wales) a person may not do either of the following things, unless the court gives leave or each parent or guardian of the child gives written consent.
	(3) Those things are-
	(a) causing the child to be known by a new surname, or
	(b) removing the child from the United Kingdom.
	(4) Subsection (3) does not prevent the removal of a child from the United Kingdom for a period of less than one month by a person who provides the child's home.
Further consequences of placement orders.	26. - (1) Where a placement order is made in respect of a child and either-
	(a) the child is subject to a care order, or
	(b) the court at the same time makes a care order in respect of the child,
	the care order does not have effect at any time when the placement order is in force.
	(2) On the making of a placement order in respect of a child, any order mentioned in section 8(1) of the 1989 Act, and any supervision order in respect of the child, ceases to have effect.
	(3) Where a placement order is in force-
	(a) no residence order, and
	(b) no supervision order or child assessment order,
	may be made in respect of the child.
	Removal of children who are or may be placed by adoption agencies
Placements under section 16: general prohibition on removal.	27. - (1) Where a child is placed for adoption by an adoption agency under section 16 (whether or not an adoption agency is authorised to place the child for adoption), a person other than the agency must not remove the child from the prospective adopters.
	(2) Where-
	(a) a child who is not for the time being placed for adoption is being provided with accommodation by an adoption agency, and
	(b) the agency has power to place the child for adoption under section 16 or would have had that power if any parent of guardian of the child had not withdrawn his consent to placement,
	a person (other than the agency) must not remove the child from the accommodation.
	(3) If, at a time when-
	(a) subsection (2) applies, and
	(b) the agency is not under a duty to apply, and has not applied, for a placement order in respect of the child, or has applied for such an order and the order has been refused,
	any parent or guardian of the child requests the agency to return the child to him, the agency must return the child to him within the period of 14 days beginning with the request.
	(4) This section is subject to sections 28 and 29; and this section and those apply whether or not the child in question is in England and Wales.
	(5) This section and those sections do not affect the exercise by any local authority or other person of any power conferred by any enactment, other than section 20(8) of the 1989 Act (removal of children from local authority accommodation), or the exercise of any power of arrest.
	(6) A person who removes a child in contravention of this section is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
Section 27: exception for recovery by parent etc. where agency not opposed.	28. - (1) This section applies where a parent or guardian of a child placed for adoption by an adoption agency under section 16 wishes to remove the child, unless the agency is under a duty to apply, or has applied, for a placement order.
	(2) If the prospective adopters give their consent to the removal of the child, the prospective adopters must return the child to the agency on a date determined, after consulting the parent or guardian and the prospective adopters, by the agency.
	(3) If the prospective adopters have not given their consent to the removal of the child-
	(a) the agency must give notice of the parent's or guardian's wish to remove the child to the prospective adopters, and
	(b) the prospective adopters must return the child to the agency within the period of 14 days beginning with the day on which the notice is given.
	(4) A person who fails to comply with subsection (3)(b) is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
	(5) As soon as a child is returned to an adoption agency under this section, it must return the child to the parent or guardian in question.
	(6) Where-
	(a) a notice under subsection (3) has been given,
	(b) before the notice was given, an application for an adoption order (including a Scottish or Northern Irish adoption order) or residence order, or for leave to apply for a residence order, was made in respect of the child, and
	(c) the application (and, in a case where leave is given on the application to apply for a residence order, the application for the order) has not been disposed of,
	the prospective adopters are not required by virtue of the notice to return the child to the agency unless the court so orders.
Section 27: exception for recovery by parent etc. where application for placement order refused.	29. - (1) This section applies where-
	(a) a parent or guardian of a child placed for adoption by an adoption agency under section 16 wishes to remove the child, and
	(b) the adoption agency has applied for a placement order and the application has been refused.
	(2) The prospective adopters must return the child to the agency on a date determined by the court and a prospective adopter who fails to do so is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
	(3) As soon as a child is returned to an adoption agency under this section, it must return the child to the parent or guardian in question.
Placement orders: removal by parents, etc.	30. - (1) Where a placement order in respect of a child-
	(a) is in force, or
	(b) has been revoked, but the child has not been returned by the prospective adopters or remains in any accommodation provided by the adoption agency,
	a person (other than the adoption agency) may not remove the child from the prospective adopters or from accommodation provided by the agency.
	(2) Where a court revoking a placement order in respect of a child determines that the child is not to remain with any former prospective adopters with whom the child is placed, they must return the child to the agency within the period determined by the court for the purpose; and a prospective adopter who fails to do so is guilty of an offence.
	(3) Where a court revoking a placement order in respect of a child determines that the child is to be returned to a parent or guardian, the agency must return the child to the parent or guardian as soon as the child is returned to the agency or, where the child is in accommodation provided by the agency, at once.
	(4) A person who removes a child in contravention of this section is guilty of an offence.
	(5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
	(6) This section does not affect the exercise by any local authority or other person of any power conferred by any enactment, other than section 20(8) of the 1989 Act, or the exercise of any power of arrest.
	(7) This section applies whether or not the child concerned is in England and Wales.
Removal in other cases.	31. - (1) Where a child is placed for adoption by an adoption agency and the prospective adopters give notice to the agency of their wish to return the child, the agency must-
	(a) receive the child from the prospective adopters before the end of the period of seven days beginning with the giving of the notice, and
	(b) give notice to any parent or guardian of the child of the prospective adopters' wish to return the child.
	(2) Where a child is placed for adoption by an adoption agency, and the agency-
	(a) is of the opinion that the child should not remain with the prospective adopters, and
	(b) gives notice to them of its opinion,
	the prospective adopters must, not later than the end of the period of seven days beginning with the giving of the notice, return the child to the agency.
	(3) If the agency gives notice under subsection (2)(b), it must give notice to any parent or guardian of the child of the obligation to return the child to the agency.
	(4) A person who fails to comply with subsection (2) is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
	(5) Where-
	(a) an adoption agency gives a notice under subsection (2) in respect of a child,
	(b) before the notice was given, an application for an adoption order (including a Scottish or Northern Irish adoption order) or residence order, or for leave to apply for a residence order, was made in respect of the child, and
	(c) the application (and, in a case where leave is given on the application to apply for a residence order, the application for the order) has not been disposed of,
	prospective adopters are not required by virtue of the notice to return the child to the agency unless the court so orders.
	(6) This section applies whether or not the child concerned is in England and Wales.

Prepared 15 March 2001