Care / Care experienced / Permanence

Foster to adopt – two small but significant issues

snappa-1447919153Examined from a legal perspective by suesspiciousminds read in full here: Foster to adopt – two small but significant issues

Summary of the significant issues covered by suesspiciousminds

“Question 1 – when is the child “placed” for adoption?”

The Judge in this case confirmed that the child is not “placed with adopters” until the child is in a position to be adopted (a Placement Order made) and the match is approved. In addition, the child must be living with the adopters.

Therefore, in a Foster to Adopt placement, the “placed with adopters” begins as soon as the Adoption Panel and Agency Decision Maker have approved that the Foster to Adopt carers are to be the adoptive carers of the child.

“Question 2 – for the purposes of making an application under the Adoption and Children Act 2002, when does the child start to “have his home” with the prospective adopters?”

Prospective adopters cannot make an application to adopt until the child has been in their home for at least ten weeks.

The Judge ruled that the ten week period can start to run from the moment that the child begins to live with their Foster to Adopt carers i.e. they do not have to wait until the child is “placed”.

In essence then, this position suggests that Foster to Adopt carers can lodge their adoption application seconds after the Agency Decision Maker approves the match and “places” the child.

And a word of caution from suesspiciousminds:

“we await a decision from the High Court or Court of Appeal in the future to definitively confirm it, as this is a case determined by a Circuit Judge and thus not binding on future cases.”

Read the full article at source: Foster to adopt – two small but significant issues

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