Regulation
of Care (Standards and Requirements) (Amendment) (Jersey) Regulations 2022
Made 25th April 2022
Coming into
force in accordance with Regulation 37
THE
STATES, after
the requirements to consult in accordance with Articles 14(9) and 39(1)(a)
of the Regulation of Care (Jersey) Law 2014 having been fulfilled by the Minister for the Environment, make these
Regulations under Articles 11, 14 and 16 of that Law –
1 Amendment of the Regulation of Care (Standards and Requirements) (Jersey) Regulations
2018
These Regulations amend the Regulation of Care (Standards
and Requirements) (Jersey) Regulations 2018.
2 Regulation 1
(interpretation) amended
(1) In Regulation 1(1) –
(a) before the definition
“barred list” there is inserted –
“ “Adoption Panel” and
“Panel” means the Adoption Panel established under Article 7 of the
Adoption Law;”;
(b) after the definition “children’s
home” there is inserted –
“ “compulsory school age”
is construed in accordance with Article 2 of the Education (Jersey) Law 1999;
“disability” includes –
(a) a disability described
in paragraph 8 (disability) of Schedule 1 (protected characteristics)
to the Discrimination Law; and
(b) a “learning disability”
or “mental disorder” as defined in the Mental Health Law;
“Discrimination Law” means
the Discrimination (Jersey)
Law 2013;”;
(c) the definitions “care”,
“care receiver”, “child” and “children’s home” are
deleted;
(d) in the definition
“personal plan” for “10(1)” there is substituted “9(1)”;
(e) after the definition
“personal plan” there is inserted –
“ “protected
characteristics” is construed in accordance with Schedule 1 to the
Discrimination Law;
“published standards” means
the standards for compliance with requirements imposed under these Regulations
published in accordance with Article 15 of the Law;
“relevant enactment” means an
enactment in relation to children or young people;”;
(f) in the definition
“representative”, for “care receiver” in each place where it appears, there is
substituted “service user”;
(g) after the definition
“representative” there is inserted –
“ “service user” means any
individual who receives or otherwise uses services provided in the carrying on of
a regulated activity;”.
(2) In Regulation 1(2) for “used in
Schedule 1” there is substituted “defined in any part of Schedule 1”.
3 Regulation 3 (conditions
of registration: general) amended
(1) In Regulation 3(1) –
(a) in sub-paragraphs (c)(iii)
and (iv) and (d), and in the continuation of sub-paragraph (f) for “care receiver” there is substituted “service user”;
(b) in sub-paragraphs (e),
(h) and (i) for “care receivers” there is substituted “service users”;
(c) in sub-paragraph (f)
after “care home service,” there is inserted “children’s home service or
residential family centre service,”;
(d) in sub-paragraph (h)
after “adult day care service,” there is inserted “a child contact centre
service or care service in a special school,”.
(2) After Regulation 3(1) there is
inserted –
“(1A) The
Commission must impose the conditions set out in paragraph (1B) upon the
registration of a provider of any of the following regulated activities where
those activities are not provided by any Minister –
(a) a
social work service for children and young people;
(b) an
independent monitoring and review service in respect of looked after children’s
cases; and
(c) a
children and young people’s mental health service.
(1B) The
conditions referred to in paragraph (1A) are –
(a) to
provide care to a stipulated maximum number of service users; or
(b) to
provide care to a stipulated category or categories of service users.”.
4 Regulation
3A (modification of application of Regulation 3 due to outbreak of
Covid-19) amended
In Regulation 3A(6), (11)(c) and (12) for “Regulation 34A”
there is substituted “Regulation 83”.
5 Regulation 5 (conduct
of regulated activity) amended
In Regulation 5 –
(a) in paragraphs (1)
and (4) for “care receivers” there is substituted “service users”;
(b) in paragraph (1) and
in each place where it appears in paragraph (3) for “care receiver” there
is substituted “service user”.
6 Regulation 6 (openness
and transparency) amended
In Regulation 6 –
(a) for paragraph (1) there
is substituted –
“(1) A
registered person must, in relation to care and treatment provided to service
users –
(b) in paragraph (2), for
“care receiver” in each place where it appears, there is substituted “service
user”;
(c) in paragraph (2), for
“care receiver’s” there is substituted “service user’s”.
7 Regulation 7 (respect
and involvement) amended
For Regulation 7(a) to (c) there is substituted –
“(a) ensure
that service users are –
(i) treated with dignity and respect,
(ii) afforded privacy, and
(iii) enabled and supported to
be as independent and autonomous as practicable having regard to their age,
disability (if any) and capacity;
(b) enable
service users to make or participate in making decisions about their support,
care or treatment which includes enabling and supporting those service users and, if applicable, their representatives –
(i) to understand the care or treatment
choices available to the service user, and
(ii) to discuss, with a
competent health care professional or other competent person, the balance of
risks and benefits involved in any course of treatment;
(c) enable service users to
manage their own care or treatment where this is appropriate; and
(d) enable the making of reasonable
adjustments to facilitate the delivery of service users’ care or treatment.”.
8 Regulation 8 (care and welfare)
substituted
For Regulation 8 there is
substituted –
(a) is appropriate;
(b) meet service users’ needs; and
(c) reflect service users’ preferences.
(2) Paragraph (1)
does not apply to the extent that the provision of care or treatment would result
in a breach of Regulation 9A.
(3) The
things which a registered person must do to comply with paragraph (1) include –
(a) carrying out, collaboratively with the service
user and, if applicable, the service user’s representative, an assessment
of the needs and preferences for care and treatment of the service user;
(b) planning and delivering care or treatment with a view to
achieving the service user’s preferences and ensuring the service user’s needs
are met, including any educational or training needs;
(c) involving the service user and, if applicable, the service user’s
representative in decisions relating to the way in which the regulated activity
is carried on in so far as it relates to the service user’s care or treatment;
(d) making reasonable adjustments
to enable the service user to receive care or treatment; and
(e) having due regard to
good practice and in particular any guidance issued by an appropriate
professional body.
(4) A
registered person must ensure that service users are protected against the
risks of receiving inappropriate or unsafe care or treatment by –
(a) keeping
under regular review service users’ care, welfare, treatment, and health needs;
(b) having
due regard to, and taking account of, any changes in service users’ needs; and
(c) only
providing care to service users if the care that the registered person is able
to provide under the terms of the registered person’s registration is suitable
for the service user’s needs and circumstances.
(5) A
registered person must –
(a) where
service users are in receipt of care home services or children’s home services –
(i) have in place arrangements for service
users to receive any necessary health care and personal care, including access
to general medical or dental services when so required, and
(ii) refer the service user
to another person or agency to meet those needs where so required; and
(b) have
in place procedures to deal with emergencies and mitigate the risks to service
users arising from those emergencies.”.
9 Regulation 9 (personal plans and care
records) amended
For
the text of Regulation 9 there is substituted –
“(1) A registered person must, in consultation with the service user or,
if applicable, the service user’s representative, prepare a written plan, known
as the “personal plan”, setting out how the service user’s health, safety and
welfare needs are to be met.
(2) A
registered person must, when preparing the personal plan, have due regard to
the service user’s age, disability (if any) and capacity.
(3) The
registered person must –
(a) give the service user
access to the service user’s personal plan;
(b) if the service user has
a representative, give the service user’s representative access to the personal
plan but only if the registered person considers it
appropriate to do so; and
(c) review and where
appropriate revise the personal plan if requested to do so by the service user,
or the service user’s representative, and whenever there is a significant
change in the service user’s health, safety, welfare or support needs.
(4) A registered person
must prepare and maintain a care record that is sufficiently detailed, contemporaneous
and relevant to ensure that a service user’s health, safety and welfare needs,
and circumstances, are properly documented, and this record must include –
(a) the personal plan
together with the documentation relating to the assessment of the service user’s
needs; and
(b) a record of the care or
treatment actually provided or delivered to the service user.
(5) The
service user may access the service user’s care record.
(6) The
service user’s representative may, if the registered person considers it
appropriate to do so, access the service user’s care record.
(7) Personal plans and care records must –
10 New Regulation 9A inserted
After
Regulation 9 there is inserted –
11 Regulation 10 (health and safety) amended
In
Regulation 10 for “care receivers” there is
substituted “service users”.
12 Regulation 11 (safeguarding) amended
In
Regulation 11 –
(a) for the opening line of paragraph (1)
there is substituted –
“(1) A registered person must safeguard service users from harm or abuse,
by –”;
(b) in paragraph (1)(a)
for “care receivers” and “care receiver” there is
respectively substituted “service users” and “service user”;
(c) in paragraph (1)(b) after “risk of” there is inserted “harm or”;
(d) in paragraph (1)(c) after
“abuse” there is inserted “or ill treatment whether of a physical or
psychological nature”;
(e) in
both places in paragraph (1)(g) for “care receiver” there is substituted
“service user”;
(f) in paragraph (1)(h)
for “care receiver” there is substituted “service user”;
(g) in
paragraph (2) “care receivers from harm” there is substituted “service
users from harm or abuse”;
(h) After
paragraph (2) there is inserted –
“(3) For
the purposes of this Regulation “abuse” means –
(a) any behaviour towards a
service user that is –
(i) an offence under Part 10
(safeguarding: offences against those in receipt of care etc.) of the Mental
Health Law, or
(ii) an offence under the Sexual Offences
(Jersey) Law 2018;
(b) theft, misuse or
misappropriation of money or property belonging to a service user; or
(c) neglect of a service
user.”.
13 Regulation 12 (cleanliness and infection control) amended
In Regulation 12(2)
for “care receivers” there is substituted “service users”.
14 Regulation 13 (nutrition
and hydration)
In Regulation 13 –
(a) in sub-paragraph (a),
for “care receivers’ ” there is substituted “service users’ ”;
(b) for sub-paragraph (d)
there is substituted –
“(d) parenteral nutrition and
dietary supplements when prescribed by a doctor or health care professional registered to engage in a registrable occupation;
(e) support to enable service
users to eat and drink sufficient amounts for their needs.”.
15 Regulation 14 (management
of medicines) amended
(1) In
Regulation 14(1) and (2) for “care receivers” there is substituted “service
users”.
(2) After
Regulation 14(3) there is inserted –
“(4) Where
equipment or medicines are supplied by the registered person, that person must ensure
that there are sufficient quantities of them to ensure the safety of service
users and to meet their needs.”.
16 Regulation 15 (shared
responsibilities) amended
(1) For
Regulation 15(1) and (2) there is substituted –
“(1) Where
responsibility for a service user’s care is shared with or transferred to any
other person or agency, a registered person must work collaboratively with that
other person or agency so as to ensure the health, safety and welfare of the service
user.
(2) For
the purposes of paragraph (1), a registered person must request and share
information relating to the service user with the other person or agency so as
to ensure that, as far as practicable, the registered person receives
sufficient information from that other person or agency about the service user.”.
(2) In Regulation 15(3) for “care
receiver” in each place it occurs there is substituted “service user”.
17 Regulation 16 (control
and restraint) amended
In Regulation 16(1)
and (3) for “care receiver” in each place there is substituted “service user”.
18 Regulation 17 (workers) amended
(1) In
Regulation 17(2)(b) for “care receiver” there is
substituted “service user”.
(2) In
Regulation 17(3)(c) and (4)(a), (b), and (c) and (4)(f) for “care receivers” there is substituted “service users”.
19 Regulation 17A (modification
of application of Regulation 17 due to outbreak of Covid-19) amended
In Regulation 17A(6) and
(10) for “Regulation 34A” there is substituted “Regulation 83”.
20 Regulation 18 (premises and equipment)
amended
(1) In
Regulation 18(1)(a) after “purpose” there is inserted “and properly and
regularly maintained”.
(2) In
Regulation 18(2)(a) and (b) for “care receivers”
there is substituted “service users”.
(3) In Regulation 18(3)(a) for “care receiver” there is
substituted “service user”.
(4) In
Regulation 18(3)(b), (c), (d) and (f) for “care receivers” in each place there
is substituted “service users”.
21 Regulation 19 (reviewing
quality of service) amended
(1) In
Regulation 19(1) for “care receiver” there is substituted “service user”.
(2) In
both places in Regulation 19(2)(a) and in Regulation 19(3) for “care
receivers” there is substituted “service users”.
(3) In
Regulation 19(4)(b) for “Regulation 32” there is substituted “Regulation 80”.
22 Regulation 21 (notification of incidents,
accidents and other events)
In Regulation 21 for
“care receivers” there is substituted “service users”.
23 Regulation 22 (complaints) substituted
For Regulation 22
there is substituted –
“22 Complaints
and representations
(a) for an opportunity for
informal resolution of a complaint at an early stage;
(b) that no individual who
is the subject of a complaint takes part in its consideration other than, if
the registered person considers it appropriate, at the informal resolution
stage only;
(c) for dealing with
complaints about the registered person;
(d) for complaints to be made
by a person acting on behalf of a service user; and
(e) for the procedure to be
made known to –
(i) service users and, where appropriate,
their representatives, and
(ii) persons working for, or
on behalf of, the registered person.
(3) The
registered person must supply a copy of the procedure if requested by a person
mentioned in paragraph (2).
(4) The
registered person must ensure that a written record is made of any complaint or
representation, the action taken in response to it, and the outcome of the
investigation.
(5) The
registered person must, on request, supply the Commission with a statement
containing a summary of any complaints made during the preceding 12 months
and the action taken in response.
(6) In
this Regulation –
24 Regulation 23 (service records) amended
In both places in Regulation 23(3)(a)
for “care receiver” there is substituted “service user”.
25 Regulation 24 (financial viability)
amended
In Regulation 24(4) for “care
receiver” there is substituted “service user”.
26 Regulation 25 (charges) amended
(1) In
Regulation 25(2) for “care receiver” there is
substituted “service user”.
(2) In
Regulation 25(3) for “care receivers” there is
substituted “service users”.
27 Regulation 26 (commissioned services)
amended
In Regulation 26(2) for
“care receivers” there is substituted “service users”.
28 Regulation 27 (absence of manager) amended
In Regulation 27(5) –
(a) for
“consists of home care” there is substituted “is a home care service”;
(b) for
“the care provided” there is substituted “the home care service provided”;
(c) for
“care receiver” and “care receiver’s” there is respectively substituted
“service user” and “service user’s”.
29 Part 5 sub-heading (children’s homes
and support services) amended
In the sub-heading for
Part 5, for “HOMES” there is substituted “HOME SERVICE”.
30 Regulation 28 (education,
employment and leisure activity) amended
For the text of Regulation 28(1)
and (2) there is substituted –
“(1) Where
the regulated activity is a children’s home service, or a child is provided
with a home care service and is not living with a parent, the registered person
must ensure that proper provision is made for the education and leisure of any
child who is a service user.
(2) In
particular, the registered person must promote the child’s educational
attainment by –
(a) implementing a procedure
for monitoring educational achievement, progress and school attendance;
(b) promoting regular school
attendance and participation in school activities;
(c) providing the child with any
information and assistance, including equipment, that may be necessary to meet
the child’s educational needs;
(d) making provision and providing
opportunities for private independent study;
(e) maintaining effective
links with schools;
(f) facilitating and
encouraging leisure interest and activities; and
(g) where a child is over
compulsory school age, assisting and supporting the child with further
education, training or employment.”.
31 Regulation 29 (behaviour
management, discipline and restraint) amended
(1) In
Regulation 29(1) for “care receiver” there is substituted “service user”.
(2) In
Regulation 29(1)(c) after “a court order” there is inserted “or as may be
agreed within the child’s personal plan”.
(3) For
Regulation 29(2) there is substituted –
“(2) Where
the regulated activity is a children’s home service, the registered person must
prepare, implement, review and, where necessary, revise a behavioural
management policy, which includes –
(a) the measures to be taken to prevent a child from going missing
from the children’s home; and
(b) the procedure to be followed when a child is missing from the
children’s home unexpectedly or without permission.
(3) The
behavioural management policy must be agreed with the States of Jersey Police
Force.”.
32 Regulation 30 (appointment of independent
persons) amended
(1) For Regulation 30(1) there is substituted –
“(1) A
registered provider must appoint, at the registered provider’s expense, a
person (the “independent person”) to visit the premises of the children’s home
and report on the children’s home service that the registered provider carries
on at the children’s home.”.
(2) In
Regulation 30(2) –
(a) after “home” there is
inserted “service”;
(b) for “homes” there is
substituted “children’s home services”.
(3) In
Regulation 30(3) –
(a) in sub-paragraph (a)
for “the carrying on of its social services functions relating to children”,
there is substituted “the provision of a social work service for children and
young people”;
(b) in sub-paragraph (c)
for “care home”, there is substituted “children’s home”;
(c) in
sub-paragraphs (d) and (e) for “home”, there is substituted “children’s
home service”;
(d) in
sub-paragraph (f)(ii) for “home”, there is substituted “children’s
home”.
(4) In Regulation 30(4)(a) for “home” there is
substituted “children’s home service”.
(5) In
Regulation 30(5) after “home” there is inserted “service”.
(6) In
Regulation 30(6) for “the home under Regulation 31” there is substituted
“the children’s home service under Regulation 31”.
(7) In
Regulation 30(7) –
(a) for “the home under
Regulation 31” there is substituted “the children’s home service under
Regulation 31”;
(b) in sub-paragraph (b)
for “home”, there is substituted “children’s home service”.
33 Regulation 31 (independent person:
visits and reports) amended
(1) In Regulation 31(1) after “home” there is inserted
“service”.
(2) In Regulation 31(2) –
(a) in
sub-paragraph (a) for “home” there is substituted “premises of the children’s home”;
(b) in sub-paragraph (b)
for “premises of the home” there is substituted “premises
of the children’s home”.
(3) In
Regulation 31(3) for “home” there is substituted “premises of the children’s
home”.
(4) In Regulation 31(4)(b) for “home” there is
substituted “children’s home service”.
(5) In
Regulation 31(6) for “home” there is substituted “premises of the children’s
home”.
(6) In
Regulation 31(8) for “Health and Social Services” there is substituted
“Children and Education”.
34 Part 6 (miscellaneous) substituted
For Part 6 there is
substituted –
(1) This
Part applies where the
regulated activity is an adoption service.
(2) Regulations 35
to 42 apply in respect of a child that the adoption service is considering
placing for adoption.
(3) Regulations 43
to 48 apply in respect of a prospective adopter that the adoption service is
considering may be suitable to adopt a child.
(4) Regulations 49
to 59 apply in respect of a prospective adopter that the adoption service has
decided may be suitable to adopt a child.
(5) In
this Part and Schedules 1 to 3, words or expressions not otherwise defined in
the Law or in Regulation 1 have the same definitions as given in the
Adoption Law or Children Law, as the case may be, and –
33 Requirement to appoint a
medical adviser
(1) For
the purpose of securing the matters set out in Article 14(2)(b) of the
Law, the registered person must appoint at least one doctor to be the adoption
service’s medical adviser.
(2) The
medical adviser must be consulted in relation to the arrangements for access
to, and disclosure of, health information which is required or permitted under
any enactment (including these Regulations).
34 Requirement to prepare
written policy and procedures
(1) For the purposes of Article 14(3)(a) of the Law, the
registered person must, in consultation with the Adoption Panel and medical
adviser (or advisers, if more than one) appointed under Regulation 33, prepare
and implement written policy and procedural instructions governing the exercise
of the functions of the adoption service and Adoption Panel in relation to
adoption.
(2) The
instructions must be kept under review and, where appropriate, revised by the registered
person in consultation with the Adoption Panel and medical adviser (or advisers).
(a) information and reports
obtained or prepared by the adoption service in the discharge of its functions;
(b) the child’s permanence
report;
(c) where applicable, the
written record of the proceedings of the Adoption Panel, its recommendation and
the reasons for its recommendation and any advice given by the Adoption Panel
to the adoption service;
(d) the record of the adoption
service’s decision under Article 3 (welfare of child to be paramount) of
the Adoption Law in relation to the proposed adoption of the child and any
notification given of that decision;
(e) a copy of any document
signifying or evidencing the agreement to adoption of a child aged 14 or over,
for the purposes of Article 3A (agreement of child having sufficient
understanding) of the Adoption Law;
(f) a copy of any document
signifying or evidencing agreement to the making of an adoption order for the
purposes of Article 10A (consent of spouse or civil partner of adoptive
parent) of the Adoption Law;
(g) a copy of any document
signifying consent to the making of an adoption order for the purposes of
Article 14 (evidence of consent of parent or guardian) of the Adoption
Law;
(h) a copy of any order made
under Article 12 (freeing for adoption) of the Adoption Law;
(i) a copy of any notice
given by the Minister or former parent under Article 12A (progress reports
to former parents) of the Adoption Law;
(j) a copy of any order made
under Article 12B (revocation of Article 12 order) of the Adoption
Law;
(k) details of any
prospective adopters for the child identified under Regulation 36; and
(l) having regard to any
published standards, any other documents or information obtained by the
adoption service which the registered person considers should be included in
the child’s case record.
36 Requirement to identify potential prospective
adopters
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a) of
the Law.
(a) seek to identify
prospective adopters who may be suitable to adopt the child;
(b) seek to identify, if and
as soon as reasonably practicable, a particular prospective adopter with whom the
adoption service proposes the child is placed; and
(c) where the adoption
service is considering adoption for 2 or more siblings, seek to identify
prospective adopters who may be suitable to adopt 2 or more of the siblings
together, having regard to the best interests of each sibling.
(3) In
determining whether a prospective adopter may be suitable to adopt the child, the
registered person must cause an assessment to be carried out of the ability of
the prospective adopter to meet the needs of the child throughout childhood.
37 Requirement to provide
counselling and information for, and ascertain wishes and feelings of, the
child
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The registered person must, so far as is reasonably
practicable, in respect of a child –
(i) the child’s adoption,
(ii) the possibility of
placement for adoption with a new family,
(iii) the child’s religious
persuasion, racial origin, and cultural and linguistic background, and
(iv) contact with the child’s
parent or guardian or other relative or with any other individual the adoption
service considers relevant.
(3) Paragraph (2)
does not apply if the registered person is satisfied that the requirements of
that paragraph have been carried out in respect of the child by an equivalent
adoption service in another jurisdiction.
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(a) provide a counselling service for the parent or guardian of the
child; and
(b) explain to that parent or guardian, and provide appropriate
written information about –
(i) the procedure in relation to both
placement for adoption and adoption, and
(ii) the legal implications
of adoption; and
(c) ascertain the wishes and feelings of the parent or guardian of
the child, and of any other person the adoption service considers relevant,
regarding –
(i) the child,
(ii) the placement of the
child for adoption and subsequent adoption, including any wishes and feelings
about the child’s religious persuasion, racial origin, and cultural and
linguistic background, and
(iii) contact with the child if
the child is placed for adoption or adopted.
(3) Paragraph (2)
does not apply if the registered person is satisfied that the requirements of
that paragraph have been carried out in respect of the parent or guardian, and
any other person the registered person considers relevant, by an equivalent
adoption service in another jurisdiction.
(4) Paragraph
(5) applies where –
(a) the
father of the child does not have parental responsibility for the child; and
(b) the
father’s identity is known to the adoption service.
(5) Where
the father of the child meets the description in paragraph (4), and the registered
person is satisfied it is appropriate to do so, the registered person
must –
(a) carry out in respect of
the father the requirements of paragraph (2) as if they applied to him;
and
(b) ascertain so far as
possible whether the father –
(i) wishes to acquire parental responsibility
for the child under Article 5 of the Children Law, or
(ii) intends to apply for a residence
order or a contact order with respect to the child under Article 10 of the
Children Law.
39 Requirement to obtain information
about the child
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The
registered person must, in respect of a child –
(a) obtain, so far as is
reasonably practicable, the information about the child specified in Part 1
of Schedule 1;
(b) arrange for the
examination of the child by a registered medical practitioner;
(c) obtain from that
practitioner a written report (“the child’s health report”) on the state of the
child’s health which must include any treatment which the child is receiving,
any need for health care and the matters specified in Part 2 of Schedule 1,
unless the adoption service has received advice from its medical adviser that
an examination and report are unnecessary; and
(d) arrange for any other
medical or psychiatric examinations or tests of the child as are recommended by
the medical adviser and obtain written reports in respect of those examinations
and tests.
(3) However,
paragraph (2)(b) and (d) does not apply if the child is of sufficient
understanding to make an informed decision and refuses to submit to the
examinations or tests.
40 Requirement to obtain
information about the child’s family
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a) of
the Law.
(2) The registered person must, in respect of a child, obtain
so far as is reasonably practicable information about –
(a) the child’s family as specified
in Part 3 of Schedule 1; and
(b) the health of each of the
child’s natural parents and of the child’s brothers or sisters, if any, of the
full blood or half -blood, specified in Part 4 of Schedule 1.
41 Requirement to prepare
child’s permanence report
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
and (h) of the Law.
(2) The
registered person must, in respect of a child –
(a) prepare a written report
(“the child’s permanence report”) to include the information specified in
paragraph (3); and
(b) provide the child’s
permanence report to the Adoption Panel for the purposes of the Panel’s consideration
of the question of the child’s proposed adoption.
(3) The
information referred to in paragraph (2)(a) is as follows –
(a) information about the
child and the child’s family, as specified in Parts 1 and 3 of Schedule 1;
(b) a written summary by the
medical adviser, of the state of the child’s health as at the date of the
report, health history and any known need for health care which might arise in
the future;
(c) the wishes and feelings
of the child regarding the matters ascertained under Regulation 37(2)(c);
(d) the wishes and feelings
of the child’s parent or guardian, and, where Regulation 38(5)(a) applies,
the child’s father, and any other person the registered person considers
relevant, regarding the matters ascertained under Regulation 38(2)(c);
(e) the views of the adoption
service about the child’s need for contact with the child’s parent or guardian
or other relative or with any other person the adoption service considers
relevant and the arrangements the service proposes to make for allowing any
person contact with the child;
(f) an assessment of the
child’s emotional and behavioural development and any related needs;
(g) an assessment of the
parenting capacity of the child’s parent or guardian and, where Regulation 38(5)(a)
applies, the child’s father;
(h) a chronology of the
decisions and actions taken by the adoption service with respect to the child;
(i) an analysis of the
options for the future care of the child which have been considered by the adoption
service and why placement for adoption is considered the preferred option; and
(j) any other information
which the adoption service considers relevant.
42 Requirement to consider Adoption
Panel’s recommendation
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a) of
the Law.
(2) The
registered person must –
(a) ensure that the adoption
service gives consideration to –
(b) ensure that no member of
the Adoption Panel takes part in any decision made by the adoption service; and
(c) if their whereabouts are
known to the adoption service, notify in writing the parent or guardian and,
where Regulation 38(4) applies and the agency considers it is appropriate,
the father of the child of its decision.
43 Requirement to prepare
prospective adopter’s plan
(a) information about the
counselling, information and preparation for adoption to be provided under Regulation 45;
(b) an explanation of the
procedure for carrying out police checks under Regulation 46;
(c) details of any training
that the prospective adopter has agreed to undertake;
(d) information about the
role of the prospective adopter in the adoption process;
(e) any applicable
timescales;
(f) information about the
process for making a representation or complaint; and
(g) any other information
that the adoption service considers relevant.
(1) For
the purposes of Article 14(3)(a) and (f) of the Law, the registered person
must set up a case record in respect of a prospective adopter, and place on
that case record –
(a) the
prospective adopter’s plan;
(b) the
enhanced criminal record certificate referred to in Regulation 46 and information
and reports referred to in Regulation 47;
(c) the
prospective adopter’s assessment plan;
(d) the
prospective adopter’s report and the prospective adopter’s observations on that
report;
(e) the
written record of the proceedings of the Adoption Panel, its recommendation,
the reasons for the recommendation and any advice given by the Panel to the
adoption service;
(f) the
record of any of the adoption service’s decisions referred to in Regulation 51(6);
(g) where
applicable, the prospective adopter’s review report and the prospective adopter’s
observations on that report;
(h) the
prospective adopter’s matching plan; and
(i) any
other documents or information obtained by the adoption service which the
registered person considers should be included in that case record.
(2) The
registered person may ask the prospective adopter to provide any further
information which the adoption service may reasonably require.
45 Requirement to provide
counselling, information and preparation for adoption
(a) securing
the matters set out in Article 14(2)(a), (b) and (c) of the Law; and
(b) Article 14(3)(a)
and (h) of the Law.
(2) The
registered person must, in respect of a prospective adopter –
(a) provide a counselling
service for the prospective adopter;
(b) in a prospective overseas
adoption case, explain to the prospective adopter, and provide written
information about, the procedure in relation to, and the legal implications of,
adopting a child from the country from which the prospective adopter wishes to
adopt;
(c) in any other case,
explain to the prospective adopter, and provide written information about, the
procedure in relation to, and the legal implications of, placement for adoption
and adoption;
(d) provide the prospective
adopter with any information and training materials relating to adopting a
child; and
(e) make arrangements for the
prospective adopter to receive any preparation for adoption as the adoption
service considers appropriate.
(3) In
paragraph (2)(e) “preparation for adoption” includes the provision of
information to the prospective adopter about –
(a) the age range, sex,
likely needs and background of children who may be placed for adoption by the
adoption service;
(b) the significance of
adoption for a child and the child’s family;
(c) contact between a child
and the child’s parent or guardian or other relatives where a child is to be
placed for adoption or is adopted;
(d) the skills which are
necessary for an adoptive parent;
(e) the adoption service’s
procedures in relation to the assessment of a prospective adopter and the
placement of a child for adoption; and
(f) the procedures in
relation to placement for adoption and adoption.
46 Requirement to carry out
police checks
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(b) of the Law; and
(b) Article 14(3)(a) of
the Law.
(2) The
registered person must, in respect of a prospective adopter and any other member
of the prospective adopter’s household who is aged 18 or over, obtain an
enhanced criminal record certificate issued under section 113B of the
Police Act 1997 of the United Kingdom as extended to Jersey, with
modifications, by the Police Act 1997 (Criminal Records) (Jersey) Order 2010
(S.I. 2010/765 of the United Kingdom).
(3) The registered person must ensure that no prospective
adopter is considered as suitable to adopt a child if the prospective
adopter or any member of the prospective adopter’s household who is aged 18 or
over has been convicted of a specified offence committed at the age of 18 or
over.
(4) In
paragraph (3) “specified offence” means an offence listed in paragraph 2
of Schedule 4 (disqualification for caring for children) to the Children
Law.
(5) Where
the registered person becomes aware that a prospective adopter or a member of
the prospective adopter’s household has been convicted of an offence referred
to in paragraph (3), the registered person must notify the prospective
adopter as soon as possible in writing that they cannot be considered suitable
to adopt a child.
47 Requirement to obtain
information in respect of prospective adopter
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a) of
the Law.
(2) The
registered person must obtain, in respect of a prospective adopter –
(a) the information specified
in Part 1 of Schedule 2;
(b) a written report from a
registered medical practitioner about the health of the prospective adopter
following a full examination which must include the matters specified in Part 2
of Schedule 2 unless the adoption service has received advice from its
medical adviser that an examination and report are unnecessary;
(c) a written report of any
interviews held with the persons nominated by the prospective adopter to
provide personal references for the prospective adopter; and
(d) if the adoption service
considers it necessary, a personal reference from the prospective adopter’s
former spouse, civil partner, or partner.
48 Requirements in respect
of adoption service’s preliminary decision as to prospective adopter’s
suitability
(a) ensure that the adoption
service takes full account of the information obtained under Regulations 46 and
47, and that a timely decision is made as to whether the prospective
adopter –
(i) may be suitable to adopt a child, or
(ii) is not suitable to adopt
a child;
(i) as soon as practicable, notify the
prospective adopter in writing of the adoption service’s decision, and
(ii) explain to the
prospective adopter that if they wish to continue with the assessment process they
must, within 6 months of the date on which the notification is given under
clause (i), notify the adoption service of that wish; and
(d) where the adoption service
decides that the prospective adopter is not suitable to adopt a child, notify
the prospective adopter as soon as possible in writing of the adoption service’s
decision together with reasons for the adoption service’s decision.
49 Requirements in respect of
prospective adopter’s assessment plan
For the purposes of
Article 14(3)(a) and (h) of the Law, the registered person must, in
consultation with a prospective adopter, prepare a
written plan which includes the following matters –
(a) the procedure for assessing
the prospective adopter’s suitability to adopt a child;
(b) any applicable
timescales;
(c) the arrangements for the
prospective adopter to receive any additional counselling or preparation for
adoption;
(d) details of any training
that the prospective adopter has agreed to undertake;
(e) information about the
role of the prospective adopter in the assessment process;
(f) information about the
process for submitting representations to the adoption service;
(g) any other matters which
the adoption service considers relevant.
50 Requirements in respect
of prospective adopter’s report
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a) and
(h) of the Law.
(2) The
registered person must, in respect of a prospective adopter –
(a) obtain the information
about the prospective adopter specified in Part 3 of Schedule 2;
(b) prepare a written report
(the “prospective adopter’s report”) which includes –
(i) the information about the prospective
adopter and the prospective adopter’s family specified in Parts 1 and 3 of
Schedule 2,
(ii) a summary, written by
the medical adviser, of the state of health of the prospective adopter,
(iii) the result of the
enhanced criminal record certificate referred to in Regulation 46 and the
information and reports required under Article 47,
(iv) the adoption service’s assessment of the
prospective adopter’s suitability to adopt,
(v) in an overseas adoption case –
(A) the name of the country
from which the prospective adopter wishes to adopt a child (“country of
origin”),
(B) confirmation that the
prospective adopter meets the eligibility requirements to adopt from the
country of origin,
(C) any additional
information obtained as a consequence of the requirements of the country of
origin, and
(D) the adoption service’s
assessment of the prospective adopter’s suitability to adopt a child whose
country of origin is outside the British Islands, and
(vi) any other information
which the adoption service considers relevant;
(c) where applicable, notify
the prospective adopter that the prospective adopter’s application is to be
referred to the Adoption Panel;
(d) give the prospective
adopter a copy of the prospective adopter’s report;
(e) where notification is
given under sub-paragraph (c), invite the prospective adopter to send any
observations in writing to the adoption service within 5 working days,
beginning with the date on which the notification is given; and
(f) explain to the
prospective adopter that the adoption service may, in exceptional
circumstances, extend the timescale referred to in sub-paragraph (e).
(3) At
the end of the 5 working days referred to in paragraph (2)(e) (or, where
that timescale is extended by the adoption service, as soon as possible after
the prospective adopter’s observations are received) the registered person must
decide whether or not to refer the case to an Adoption Panel and, if the case
is referred to an Adoption Panel, the registered person must send to the Adoption
Panel –
(a) the prospective adopter’s
report and the prospective adopter’s observations if any;
(b) the written reports and
references referred to in Regulation 47(2)(b) to (d) but, in the case of
reports obtained in accordance with Regulation 47(2)(b), only if the
medical adviser so advises; and
(c) any other relevant
information obtained by the registered person.
(4) The
registered person must –
(a) obtain,
so far as is reasonably practicable, any other relevant information which may
be required by the Adoption Panel; and
(b) send
that information to the Adoption Panel.
51 Requirements in respect
of adoption service’s final decision as to prospective adopter’s suitability
(1) This
Regulation applies for the purposes of Article 14(3)(a), (f) and (h) of
the Law.
(2) The
registered person must, in respect of a prospective adopter –
(a) ensure that the adoption
service takes into account the recommendation of the Adoption Panel in coming
to a decision about whether the prospective adopter is suitable to adopt a
child;
(b) ensure that no member of
the Adoption Panel takes any part in that decision;
(c) where the adoption
service decides to approve the prospective adopter as suitable to adopt a
child, notify the prospective adopter in writing of that decision; and
(d) where the adoption
service considers that the prospective adopter is not suitable to adopt a child –
(i) notify the prospective adopter in writing
that the adoption service declines to approve the prospective adopter as
suitable to adopt a child,
(ii) send with that
notification the adoption service’s reasons together with a copy of the Adoption
Panel’s recommendation if that recommendation is different, and
(iii) advise the prospective
adopter that within 40 working days beginning with the date on which the
notification was given under clause (ii), the prospective adopter may submit
to the adoption service any representations the prospective adopter wishes to
make in respect of the decision.
(3) If,
within the period of 40 working days the registered person receives
representations from the prospective adopter, the registered person must refer
the case together with all relevant information to the Adoption Panel for
further consideration.
(4) The registered person must ensure that the adoption
service makes a decision on the case only after the adoption service has taken
into account the recommendations of the Adoption Panel following the Panel’s
further consideration.
(5) As
soon as possible after the adoption service has made its decision in accordance
with paragraph (4), the registered person must notify the prospective
adopter in writing of –
(a) the decision and, if the
adoption service does not consider the prospective adopter suitable to adopt a
child, the reasons for that decision; and
(b) the Adoption Panel’s
recommendation on further consideration if this is different from the adoption
service’s decision.
(6) The
registered person must keep a record of the decisions taken under this
Regulation.
52 Requirements as to review
and termination of approval
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a), (f),
(h) and (j) of the Law.
(2) The
registered person must ensure that the adoption service reviews the approval of
each prospective adopter in accordance with this Regulation.
(3) A
review must take place whenever necessary but, in any case, a first review must
take place not more than one year after approval and thereafter a review must
take place at intervals of not more than one year.
(4) When
undertaking a review, the registered person must –
(a) make enquiries and
obtain information the registered person considers necessary in order to review
whether the prospective adopter continues to be suitable to adopt a child; and
(b) seek and take into
account the views of the prospective adopter.
(5) If,
at the conclusion of the review, the adoption service considers that the
prospective adopter may no longer be suitable to adopt a child, the registered
person must –
(a) prepare a written
report (“the prospective adopter’s review report”) which includes the adoption
service’s reasons;
(b) notify the prospective
adopter that the case is to be referred to the Adoption Panel; and
(c) give the prospective
adopter a copy of the report inviting the prospective adopter to send any
observations to the adoption service within 10 working days beginning with the
date on which the report is given to the prospective adopter.
(6) No
later than the end of the period of 10 working days referred to in paragraph (5)(c),
the registered person must send the prospective adopter’s review report
together with the prospective adopter’s observations to the Adoption Panel.
(7) The
registered person must obtain, so far as is reasonably practicable, any other
relevant information which may be required by the Adoption Panel and send that
information to the Panel.
(8) The registered person must ensure that the adoption
service makes a decision as to whether the prospective adopter continues to be
suitable to adopt a child, but only after the adoption service has taken into
account the recommendations of the Adoption Panel following the Panel’s
consideration of the prospective adopter’s review report.
(9) The
registered person must ensure that no member of the Adoption Panel takes any part
in that decision.
(10) As
soon as possible after the adoption service has made its decision under
paragraph (8), the registered person must notify the prospective adopter
in writing of –
(a) the
decision and, if the adoption service no longer considers the prospective
adopter suitable to adopt a child, the reasons for that decision; and
(b) the
Adoption Panel’s recommendation if this is different from the adoption service’s
decision.
(11) The
registered person must keep a record of the decision.
53 Requirements as to
prospective adopter’s matching plan
For the purposes of Article 14(3)(a) and (h) of the Law, where
an adoption service has approved a prospective adopter as suitable to adopt a
child in accordance with Regulation 51, the registered person must prepare a written plan (the
“prospective adopter’s matching plan”) in consultation with the prospective
adopter, which must include –
(a) information about the requirements
under Regulations 54 to 60;
(b) information about the
role of the prospective adopter in identifying a child for whom they would be
an appropriate adopter;
(c) information about the
process for making a representation or complaint; and
(d) having regard to any
published standards, any other matters that the adoption service considers
relevant.
54 Requirements in respect
of child’s proposed placement
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a),
(f) and (h) of the Law.
(2) Where
an adoption service is considering placing a child for adoption with a
particular prospective adopter (the “proposed placement”) the registered person
must –
(a) provide the prospective adopter with a copy of the child’s
permanence report and any other information the adoption service considers
relevant;
(b) meet with the prospective adopter to discuss the proposed
placement;
(c) ascertain the views of the prospective adopter about –
(i) the proposed placement, and
(ii) the arrangements the adoption
service proposes to make for allowing any individual contact with the child;
and
(d) provide a counselling service for, and, having regard to any
published standards, provide any further information to, the prospective
adopter, as may be required.
(3) Where
the adoption service considers that the proposed placement should proceed, the registered
person must –
(a) where the adoption service is the Adoption Service, arrange for an
assessment of the needs of the child and the prospective adopter and any
children of the prospective adopter (“the adoptive family”) to receive payment
of an allowance under Article 9 of the Adoption Law;
(b) where the adoption service is an approved adoption society
operating independently of the Adoption Service –
(i) notify the prospective adopter that the
registered person may request the Adoption Service to carry out an assessment
of the child’s needs for payment of an allowance under Article 9 of the
Adoption Law, and
(ii) pass to the Adoption
Service, at the Adoption Service’s request, a copy of the child’s permanence
report and prospective adopter’s report;
(c) consider the arrangements for allowing any person contact with
the child; and
(d) prepare a written report (the “adoption placement report”) which
must include –
(i) the adoption service’s reasons for
proposing the placement,
(ii) the information obtained
by the adoption service under paragraph (2),
(iii) where the adoption
service is the Adoption Service, proposals for the payment of any allowance to
the adoptive family under Article 9 of the Adoption Law,
(iv) the arrangements, if any,
which the adoption service proposes to make for allowing any person contact
with the child, and
(v) having regard to any published standards,
any other relevant information;
(e) notify the prospective
adopter that the proposed placement is to be referred to the Adoption Panel;
(f) give the prospective
adopter a copy of the adoption placement report; and
(g) invite the prospective adopter
to send any observations in writing to the adoption service within 10 working
days, beginning with the date on which the notification is sent.
(4) No
later than the end of the period of 10 working days the registered person must
send to the Adoption Panel –
(a) the adoption placement
report;
(b) the child’s permanence
report; and
(c) the prospective adopter’s
report and observations.
(5) The
registered person must –
(a) obtain,
so far as is reasonably practicable, any other relevant information which may
be requested by the Adoption Panel in connection with the proposed placement;
and
(b) send
that information to the Panel.
(6) This
paragraph applies where an adoption service (“service A”) intends to refer
a proposed placement to the Adoption Panel and an equivalent adoption service in
another jurisdiction (“service B”) made the decision that –
(a) the child should be
placed for adoption; or
(b) the prospective adopter
is suitable to be an adoptive parent.
(7) Where
paragraph (7) applies, the registered person in respect of service A may
only refer the proposed placement to the Adoption Panel if service A has
consulted service B about the proposed placement.
(8) The
registered person in respect of service A must –
(a) where paragraph (7)(a)
applies, open a child’s case record; or
(b) where paragraph (7)(b)
applies, open a prospective adopter’s case record,
and must place on the appropriate record the information and
documents received from service B.
55 Requirements in respect
of adoption service’s decision in relation to proposed placement
(a) securing
the matters set out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a),
(f) and (h) of the Law.
(2) The
registered person must ensure –
(a) that the adoption service
takes into account –
(i) any recommendation of the Adoption Panel
in coming to a decision about whether the child should be placed for adoption
with a particular prospective adopter, and
(ii) any advice given by the
Adoption Panel as to the arrangements the adoption service should make for
allowing any person to have contact with the child once that child is placed
for adoption; and
(b) that no member of the Adoption
Panel takes part in the adoption service’s decision.
(3) If
the adoption service decides that the proposed placement should proceed, the
registered person must as soon as possible after the adoption service has made
its decision, –
(a) notify in writing the
prospective adopter, of the decision;
(b) if their whereabouts
are known to the adoption service, notify in writing the parent or guardian;
(c) where Regulation 38(4)
applies and the registered person considers it is appropriate, notify in
writing the father of the child of the fact that the child is to be placed for
adoption; and
(d) explain the decision to the child in an appropriate manner having
regard to the child’s age and understanding.
(4) The
registered person must place on the child’s case record –
(a) the prospective adopter’s
report;
(b) the adoption placement
report and the prospective adopter’s observations on that report;
(c) the written record of
the proceedings of the Adoption Panel, its recommendation, the reasons for its
recommendation and any advice given by the Panel to the adoption service; and
(d) the record and
notification of the adoption service’s decision.
56 Requirements in respect
of overseas adoption
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a) and
(f) of the Law.
(2) Where,
in an overseas adoption case, the adoption service receives from the foreign
adoption authority information about a child to be adopted by a prospective
adopter, the registered person must –
(a) send a copy of the
information to the prospective adopter unless the registered person is aware
that the prospective adopter has received a copy;
(b) consider that
information and meet with the prospective adopter to discuss the information;
and
(c) if appropriate, provide
a counselling service for the prospective adopter; and
(d) having regard to any
published standards, provide any further information to the prospective adopter
as may be required.
57 Requirements before child
may be placed for adoption
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a),
(f) and (h) of the Law.
(2) This
paragraph applies where –
(a) an adoption service has
decided to place a child for adoption with a particular prospective adopter;
and
(b) the registered person has
met with the prospective adopter to consider the arrangements which the
adoption service proposes to make for the placement of the child with that
individual.
(3) Where
paragraph (2) applies, the registered person must, as soon as possible,
send the prospective adopter a placement plan in respect of the child which
covers the matters specified in Schedule 3 (the “adoption placement
plan”).
(4) Where
the child in question is less than 6 weeks old, the registered person must,
if practicable, obtain the agreement to the placement for adoption in writing
of that child’s parent or guardian.
(5) Where
the child already has a home with the prospective adopter, the registered
person must notify the prospective adopter in writing of the date on which the
child is placed for adoption with that individual by the adoption service.
(6) The
registered person must, before the child is placed for adoption with the
prospective adopter, send to the prospective adopter’s general practitioner
written notification of the proposed placement and send with that notification
a written report of the child’s health history and current state of health.
(7) The
registered person must –
(a) notify the prospective
adopter in writing of any change to the adoption placement plan; and
(b) place on the child’s
case record –
(i) in the case of a child who is less than 6 weeks
old, a copy of any agreement referred to in paragraph (4), and
(ii) a copy of the adoption
placement plan and any changes to that plan.
58 Requirements as to
reviews
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a),
(f) and (h) of the Law.
(2) Where
a child is not for the time being placed for adoption, the registered person must
carry out a review of the child’s case –
(a) not more than 3 months
after the date on which the adoption service first decides to place the child for
adoption; and
(b) thereafter and until
the child is placed for adoption, not more than 6 months after the date of
the previous review.
(3) Paragraphs (4)
and (5) apply where a child is placed for adoption.
(4) Unless
the child is returned to the adoption service by the prospective adopter or an
adoption order is made, the registered person must carry out a review of the
child’s case –
(a) not more than 4 weeks
after the date on which the child is placed for adoption (the “first review”);
(b) not more than 3 months
after the first review; and
(c) thereafter not more
than 6 months after the date of the previous review.
(5) The
registered person must –
(a) arrange for the child
and the prospective adopter to be visited within one week of the placement and
thereafter at least once a week until the first review and thereafter, having
regard to any published standards, as frequently as the registered person decides
at each review;
(b) ensure that written
reports are made of the visits; and
(c) provide advice and
assistance to the prospective adopter as the adoption service considers
necessary.
(6) When
carrying out a review under this Regulation the registered person must –
(a) consider each of the
matters set out in paragraph (7); and
(b) so far as is reasonably
practicable, in relation to any of the matters set out in paragraph (7) that
the registered person considers appropriate, ascertain the views of –
(i) the child, having regard to the child’s age
and understanding,
(ii) if the child is placed
for adoption, the prospective adopter, and
(iii) any other person the adoption
service considers relevant.
(7) The
matters referred to in paragraph (6) are –
(a) whether the adoption service
remains satisfied that the child should be placed for adoption;
(b) the child’s needs, welfare
and development, and whether any changes need to be made to the existing
arrangements to meet the child’s needs or assist the child’s development;
(c) the existing
arrangements for contact, and whether they should continue or be altered;
(d) the existing arrangements
in relation to the exercise of parental responsibility for the child, and
whether they should continue or be altered;
(e) in consultation with
the appropriate agencies, the existing arrangements for assessing and meeting
the child’s health care and educational needs; and
(f) the frequency of the reviews.
(8) The
registered person must ensure that the following matters are recorded in
writing and placed on the child’s case record –
(a) the information
obtained in the course of a review or visit in respect of a child’s case,
including the views expressed by the child;
(b) the details of the
proceedings of any meeting arranged by the registered person to consider any
aspect of the review of the case; and
(c) details of any decision
made in the course of or as a result of the review.
(9) Where
the child is returned to the adoption service, the registered person must
conduct a review of the child’s case no earlier than 28 days, or later
than 42 days, after the date on which the child is returned, and when
carrying out that review the registered person must consider the matters set
out in paragraph (7)(a), (b), (c) and (e).
59 Requirements in respect
of independent reviewing officers
(a) securing the matters set
out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) In
the case of each child to be placed for adoption by the adoption service, the
registered person must appoint a person (the “independent
reviewing officer”) whose function is –
(a) as far as is reasonably
practicable, to attend any meeting held in connection with the review of the
child’s case under Regulation 58; and
(b) to chair any meeting so attended.
(3) The
independent reviewing officer appointed under paragraph (2) must be a
social worker –
(a) who works under the
direction or supervision of the registered manager of the independent monitoring
and reviewing service referred to in paragraph 10 of
Schedule 1 to the Law; and
(b) who has sufficient relevant social
work experience in relation to adoption cases.
(4) The
registered person must inform the independent reviewing officer of –
(a) any significant failure
to make the arrangements agreed at a review under Regulation 58; and
(b) any significant change
in the child’s circumstances after a review.
60 Requirements in respect
of case records
(1) This
Regulation applies for the purposes of Article 14(3)(a) and (f) of the
Law.
(2) The
registered person must ensure that the child’s case record and the prospective
adopter’s case record and the contents of those case records are at all times
kept in secure conditions and in particular that all appropriate measures are
taken to prevent the theft, unauthorised disclosure, loss, or destruction of,
or damage to, the case record or its contents.
(3) The
registered person must keep the child’s case record and the prospective adopter’s
case record for not less than 75 years.
(4) The
registered person must treat the contents of the child’s case record and the
prospective adopter’s case record as confidential.
61 Requirements as to access
to case records and disclosure of information
(1) This
Regulation applies for the purposes of Article 14(3)(a), (f) and (h) of
the Law.
(2) This
paragraph applies where, despite Regulation 60, an adoption service gives
access to its case records or discloses information in its possession, as may
be required –
(a) by, and to the extent
specified in, these Regulations for the purposes of carrying out its functions
as an adoption service;
(b) by the Commission in the
exercise of its functions under the Law or these Regulations; or
(c) by the Court in the
exercise of powers to make orders under the Adoption Law or Children Law.
(3) Where
paragraph (2) applies, the registered person must keep a written record of
any access provided or disclosure made.
62 Requirements in respect
of the transfer of case records
(1) This
Regulation applies for the purposes of Article 14(3)(a), (f) and (h) of
the Law.
(2) Where
a registered person transfers a copy of a child’s case record or prospective
adopter’s case record (or part of that record) to an equivalent adoption service
in another jurisdiction, a written record must be kept of any transfer.”.
35 New Parts 7 to 9 inserted
After new Regulation 62
there are inserted Parts 7 to 9 as follows –
“part
7
fostering
service
63 Application and
interpretation of Part
(1) This
Part applies where the regulated activity is a fostering service.
(2) In
this Part –
(a) “Minister” means the
Minister for Children and Education;
(b) “Placement Regulations”
means the Children
(Placement) (Jersey) Regulations 2005;
and
(c) words or expressions not
otherwise defined in the Law or these Regulations have the same definitions as
given in the Children Law or the Placement Regulations, as the case may be.
64 Requirements in respect
of children’s welfare
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a) of the
Law.
(2) The
registered person must ensure that –
(a) the welfare of children
placed or to be placed with foster parents is safeguarded and promoted at all
times; and
(b) before making any
decision affecting a child placed or to be placed with a foster parent, due
consideration is given to the child’s –
(i) wishes and feelings (having regard to the
child’s age and understanding), and
(ii) religious persuasion,
racial origin and cultural and linguistic background.
65 Requirements as to
arrangements for the protection of children placed with foster parents
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(a), (b) and (d) of the Law; and
(b) Article 14(3)(a) of
the Law.
(2) The
registered person must prepare and implement a written policy which –
(a) is intended to
safeguard children placed with foster parents from abuse or neglect; and
(b) sets out the procedure
to be followed in the event of any allegation of abuse or neglect.
66 Requirements as to behaviour
management and children missing from foster parent’s home
(1) This
Regulation applies for the purposes of –
(a) securing
the matters set out in Article 14(2)(b) and (d) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The
registered person must prepare and implement a written policy on acceptable
measures of control, restraint and discipline of children placed with foster
parents.
(3) The
registered person must ensure that foster parents are aware of, and understand
the effect of, Article 79 (abolition of defence of
reasonable corporal punishment) of the Children Law.
(4) The
registered person must take all reasonable steps to ensure that –
(a) no child placed with a
foster parent is exposed to any measure of control, restraint or discipline
which is excessive or unreasonable; and
(b) restraint is used on a
child only where it is necessary to prevent injury to the child or other
persons, or serious damage to property.
(5) The
registered person must prepare, implement, review and where necessary revise a
policy, which is agreed with the States of Jersey Police Force, setting out –
(a) the measures to be taken
to prevent a child placed with foster parents from going missing from the
child’s placement; and
(b) the procedure to be
followed when a child is missing from a foster parent’s home unexpectedly or without
permission.
67 Requirement to promote
contact in respect of child placed with foster parents
(a) securing
the matters set out in Article 14(2)(b) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The
registered person must, having regard to the provisions of the child’s personal
plan and any order of the Court relating to contact, promote contact between a
child placed with a foster parent and the child’s parents, relatives, and
friends unless the contact is not reasonably practicable or consistent with the
child’s welfare.
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(b) and (c) of the Law; and
(b) Article 14(3)(a) of
the Law.
(2) The
registered person must promote the health and development of children placed
with foster parents.
(3) In
particular the registered person must ensure that each child so placed –
(a) is registered as a patient
with a registered medical practitioner;
(b) has access to any medical,
dental, nursing, psychological and psychiatric or other mental health advice,
treatment and other services as the child may require;
(c) is provided with any individual
support, aids and equipment which the child may require as a result of any
particular health needs or disability the child may have; and
(d) is provided with
guidance, support and advice on health, personal care and health promotion
issues appropriate to the child’s needs and wishes.
69 Requirement to promote the
educational achievement of children placed with foster parents
(a) securing
the matters set out in Article 14(2)(c) of the Law; and
(b) Article 14(3)(a)
of the Law.
(a) implement a procedure for monitoring the educational
achievement, progress and school attendance of children placed with foster
parents;
(b) promote the regular school attendance and participation in
school activities of children of compulsory school age placed with foster
parents; and
(c) provide foster parents with any information and assistance,
including equipment, that may be necessary to meet the educational needs of
children placed with them.
(4) The
registered person must ensure that any education provided for any child placed
with a foster parent who is of compulsory school age, but who is not attending
school, is delivered efficiently and suitable to the child’s age, ability,
aptitude and any special educational needs the child may have.
(5) The
registered person must ensure that foster parents promote the leisure interests
of children placed with them.
(6) Where
any child placed with a foster parent is above compulsory school age, the registered
person must assist with the making of, and give effect to, the arrangements
made for the child’s education, training and employment.
70 Requirement to provide
support, training and information for foster parents
(a) securing
the matters set out in Article 14(2)(b) of the Law; and
(b) Article 14(3)(a)
and (c) of the Law.
(2) The
registered person must provide foster parents with the training, advice, information
and support, including support outside office hours, as appears necessary in
the interests of children placed with them.
(3) The
registered person must take all reasonable steps to ensure that foster parents
are familiar with, and act in accordance with, the policies established in
accordance with Regulations 65(2) and 66(2) and (5).
(4) The
registered person must ensure that, in relation to any child placed or to be
placed with a foster parent, the foster parent is given information, which is
kept up to date, to enable the foster parent to provide appropriate care for
the child, and in particular that each foster parent is provided with a copy of
the most recent version of the child’s personal plan.
(1) This
Regulation applies for the purposes of Article 14(3)(a) and (k) of the
Law.
(2) The
registered person must, in respect of the written procedure established under
Regulation 22, ensure that the procedure includes a procedure for considering
complaints or representations made by or on behalf of children placed by the fostering
service, and by foster parents approved by the fostering service.
(3) The
procedure must, in particular, provide –
(a) for complaints to be made by a person acting on behalf of a
child; and
(b) for the procedure to be made known to –
(i) children placed by the fostering service (having
regard to their age and understanding),
(ii) the parents of those
children, and
(iii) persons working for, or on
behalf of, the fostering service, including foster parents.
(4) The
registered person must ensure that –
(a) children are enabled to make a complaint or representation; and
(b) no child is exposed to any reprisal for making a complaint or
representation.
72 Requirements in respect
of fostering panel
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(a) and (d) of the Law; and
(b) Article 14(3)(a) and
(b) of the Law.
(2) The
registered person must maintain a list of individuals who are considered by the
registered person to be suitable to be members of a fostering panel, including
one or more social workers who have at least 3 years’ relevant post-qualifying
experience.
(3) The
registered person must ensure that –
(a) members of the fostering panel have between them the experience and expertise necessary, to
discharge the functions of the panel effectively; and
(b) an individual who is
independent of the fostering service is appointed to chair the fostering panel.
(4) For
the purposes of this Regulation and Regulation 73, an individual is not independent
of the fostering service if the individual –
(a) is currently approved
as a foster parent;
(b) is employed by a Department or agency of the States in connection with the provision
of a social work service for children and young people;
(c) has a financial
interest in the fostering service or receives any payment from the fostering
service in connection with the provision of services to the fostering service
(other than for services as an independent person); or
(d) is a member of the
States.
73 Requirements in respect
of meetings of the fostering panel
(1) For
the purposes of Article 14(3)(a) of the Law, the registered person must
ensure that no business is conducted by the fostering panel unless at least the
following meet as the panel –
(a) the individual
appointed to chair the panel, or another individual (the “vice chair”) appointed
to act if the individual appointed to chair the panel is absent or that
office is vacant;
(b) one member who is a
social worker who has at least 3 years’ relevant post-qualifying
experience; and
(c) 3 other members.
(2) Where
the chair is not present and the vice chair who is present is not independent
of the fostering service, the registered person must ensure that at least one
of the other panel members is independent of the fostering service.
(3) The
registered person must ensure that the fostering panel makes a written record
of its proceedings and the reasons for any recommendations made under
Regulation 74.
74 Requirements as to the
discharge of fostering panel’s functions
(1) This
Regulation applies for the purposes of –
(a) securing the matters set
out in Article 14(2)(a) and (d) of the Law; and
(b) Article 14(3)(a) and
(b) of the Law.
(2) The
registered person must ensure that the fostering panel carries out the
following functions –
(i) that an individual is, or remains suitable
to, approved as a foster parent, or
(ii) that the terms of a
foster parent’s specification should be revised; and
(e) to advise and make
recommendations on any other matters or cases as the registered person may
refer to the panel.
(3) The
registered person must ensure that no member of the fostering panel takes any part
in any decision made by the Minister under Regulations 14 and 15 of the
Placement Regulations.
(4) The
registered person must obtain any information the fostering panel requires and
send that information to the panel.
(5) In
this Regulation “advise” and “recommend” means advise, or recommend to, the Minister.
75 Requirements where people
are not approved, or no longer approved as foster parents
(1) This
Regulation applies for the purposes of Article 14(3)(a) and (k) of the
Law.
(2) This
Regulation applies where the Minister gives notice of the Minister’s
decision –
(a) under Regulation 14(7)
of the Placement Regulations, not to approve an individual as a foster parent;
(b) under Regulation 15(3)
of the Placement Regulations, to revise the terms of a foster parent’s
specification mentioned in Regulation 14(5) of those Regulations; or
(c) under Regulation 15(3)
of the Placement Regulations, to terminate an individual’s approval as a foster
parent.
(3) The
registered person must, having regard to any published standards, establish a
procedure –
(a) for receiving
representations from an individual affected by any decision mentioned in
paragraph (2);
(b) for a timely independent review
of any decision; and
(c) for any recommendations
of that review to be referred to, and considered by, the fostering panel in a
timely fashion.
76 Requirement to comply
with Placement Regulations
For the purposes of Article 14 of the Law, the registered
person must ensure that the fostering service discharges the functions of the
Minister in accordance with Part 4 (placement with foster parents), Part 5
(records) and Part 6 (miscellaneous provisions) of the Placement
Regulations.
part
8
Regulated
activities under paragraphs 9 to 11 of Schedule 1 to the Law
77 Requirement in respect of
provision of a social work service for children and young people
“relevant Minister” means the Minister for the time being assigned
responsibility for the functions of the Minister in the relevant enactment;
“relevant enactment” in this Regulation and in Regulation 78 means
an enactment in relation to children or young people.
78 Requirement in respect of
provision of an independent monitoring and review service in respect of looked
after children’s cases
(1) This
Article applies where the regulated activity is the provision of a service for
the independent monitoring and review of looked after children’s cases, and for
the purposes of Article 14 of the Law.
(2) The
registered person must discharge the functions of the Minister for Children and
Education in relation to the monitoring and review of looked after children’s
cases in accordance with the relevant enactment.
(a) securing
the matters set out in Article 14(2)(b) of the Law; and
(b) Article 14(3)(a)
of the Law.
(2) The
registered person must ensure that a worker always directly supervises contact
between a child and any of the people listed in paragraph 11(2) of Schedule 1
to the Law.
(3) For
the purposes of paragraph (2), direct supervision requires that the worker
must either be physically present in the same room or have a constant line of
sight into the room either through a window or by video-link.
(1) The
Commission must carry out inspections at least once every 12 months of
regulated activities for one or more of the following purposes –
(a) to monitor compliance
with the Law and these Regulations;
(b) to review and evaluate
the effectiveness of the regulated activity against the Commission’s published
standards; and
(c) to encourage
improvement in the provision of the regulated activity.
(2) However,
this Regulation does not apply in the case of a regulated activity carried on
by a registered person who is an individual directly employed by, or personally
in receipt of any reward from, the service user for the service provided.
(3) Paragraph (4)
applies where the Commission believes that there are serious risks to service
users due to a lack of suitably qualified workers resulting directly or
indirectly from an outbreak of Covid‑19 in Jersey or its aftermath.
(4) Where
this paragraph applies the Commission must as soon as reasonably practicable
report its concerns about the standard or quality of care being provided to the
Minister and to the Minister for Health and Social Services and make written
recommendations as to the steps that should be taken to address the serious
risks to service users.
(5) The
Commission must publish the recommendations and the fact that it has reported
its concerns to the Ministers.
81 Compliance with Regulations
Unless these Regulations
provide otherwise, every requirement of these Regulations applies to all
registered persons irrespective of there being more than one person providing
the regulated activity concerned.
82 Offences and improvement notices
(1) A
person commits an offence if that person –
(a) contravenes a requirement
of these Regulations; and
(b) fails to comply with an
improvement notice within the period specified in the notice for compliance
with it.
(2) An
improvement notice is a notice –
(a) informing the
registered person that these Regulations have been contravened;
(b) specifying the time
frame within which remedial action must be taken; and
(c) explaining the
consequences of a failure to take that remedial action.
(3) A
person who contravenes a requirement of these Regulations commits an offence where,
as a result of the contravention, a service user has suffered, or was at
significant risk of suffering, serious harm.
(4) Where
the Commission has served an improvement notice under this Regulation it must
publish the fact.
(5) A
person who commits an offence under this Regulation is liable to a fine of
£50,000.
Regulations 3A, 17A and 80(3) to (5) expire at the end of 30th September 2022.
36 New Schedules inserted
After new Part 9
there are inserted Schedules 1 to 3 as follows –
“SCHEDULE 1
(Regulations 39(2)(a) and
(c), 40(2) and 41(3)(a))
INFORMATION RELATING TO THE
CHILD
part 1
1 Information about the
child
(1) Name,
sex, date and place of birth and address.
(2) A
photograph and physical description.
(3) Nationality.
(4) Racial
origin and cultural and linguistic background.
(5) Religious
persuasion (including details of baptism, confirmation, or equivalent
ceremonies).
(6) Details
of any order made by the court with respect to the child under the Children Law
including the date on which the order was made.
(7) Whether
the child has any rights to, or interest in, property or any claim to damages
under any enactment or rule of customary law, or under the law of any other
jurisdiction or otherwise, which the child stands to retain or lose if the
child is adopted.
(8) A
chronology of the child’s care since birth.
(9) A
description of the child’s personality, including social, emotional and
behavioural development.
(10) Whether
the child has any difficulties with activities such as feeding, washing or
dressing.
(11) The
child’s educational history, including –
(a) the names, addresses
and types of nurseries or schools attended with dates;
(b) a summary of the child’s
progress and attainments;
(c) whether there is any
plan maintained for the child by the Minister for Children and Education or
Minister for Health and Social Services in respect of the child’s education and
any associated health or care needs;
(d) any special needs the
child has in relation to learning; and
(e) where the child is
looked after by the Minister, details of any personal education plan prepared
by the Minister for Children and Education.
(a) the child’s
relationship with –
(i) the child’s parent or guardian,
(ii) any brothers or sisters
or other relatives the child may have, and
(iii) any other individual the
registered person considers relevant;
(b) the likelihood of any
relationship described in clause (a) continuing and the value to the child
of it doing so; and
(c) the ability and
willingness of the child’s parent or guardian, or any other individual the
registered person considers relevant, to provide the child with a secure
environment in which the child can develop, and otherwise to meet the child’s
needs.
part 2
2 Matters to be included
in the child’s health report
(1) The
child’s name, date of birth, sex, weight and height.
(2) A
neo-natal report on the child, including –
(a) details of the child’s
birth and any complications;
(b) the results of a physical
examination and screening tests;
(c) details of any treatment
given;
(d) details of any problem in
management and feeding;
(e) any other relevant
information which may assist the Adoption Panel and the adoption service; and
(f) the name and address of
any registered medical practitioner who may be able to provide further
information about any of the above matters.
(3) A
full health history of the child, including –
(a) details of any serious
illness, disability, accident, hospital admission or attendance at an
out-patient department, and in each case any treatment given;
(b) details and dates of immunisations;
(c) a physical and
developmental assessment according to age, including an assessment of vision
and hearing and of neurological, speech and language development and any
evidence of emotional disorder;
(d) for a child over the age
of 5, the school health history (if available);
(e) how the child’s physical
and mental health and medical history have affected the child’s physical,
intellectual, emotional, social or behavioural development; and
(f) any other relevant
information which may assist the Adoption Panel and adoption service.
part 3
4 Interpretation
for Part
In this Part “parent” includes the father of the child regardless of
whether he has parental responsibility for the child.
5 Information
about each parent of the child
(1) Name,
sex, date and place of birth and address.
(2) A
photograph, if available, and physical description.
(3) Nationality.
(4) Racial
origin and cultural and linguistic background.
(5) Religious
persuasion (if any).
(6) A
description of the parent’s personality and interests.
6 Information about the child’s
brothers or sisters
(1) Name,
sex, and date and place of birth.
(2) A
photograph, if available, and physical description.
(3) Nationality.
(4) Address,
if appropriate.
(5) If
the brother or sister is under the age of 18 –
(a) where and with whom the brother or sister is living;
(b) details of any court order made with respect to the brother or
sister under the Children Law, including the date on which the order was made;
and
(c) whether the brother or sister is also being considered for
adoption.
7 Information about the child’s other relatives and any other individual
the registered person considers relevant
(1) Name,
sex and date and place of birth.
(2) Nationality.
(3) Address,
if appropriate.
8 Family history and relationships
(1) Whether
the child’s parents were married to, or civil partners of, each other at the
time of the child’s birth (or have subsequently married or formed a civil
partnership) and if so, the date and place of marriage or civil partnership.
(2) Whether –
(a) if the child’s parents have been married to each other, they are
divorced or separated; or
(b) if the child’s parents have been civil partners of each other,
the partnership has been dissolved or they are separated.
(3) Where
the child’s parents are not married or civil partners, whether the father has
parental responsibility for the child and, if so, how it was acquired.
(4) If
the identity or whereabouts of the child’s father are not known, the
information about him that has been ascertained and from whom, and the steps
that have been taken to establish paternity.
(5) Where
the child’s parents have been previously married or formed a civil partnership,
the date of the marriage or the date and place of registration of the civil partnership.
(6) So
far as is possible, a family tree with details of the child’s grandparents,
parents and aunts and uncles with their ages (or ages at death).
(7) Where
it is reasonably practicable, a chronology of each of the child’s parents from
birth.
(8) The
observations of the child’s parents about their own experiences of being
parented and how this has influenced them.
(9) The
past and present relationship of the child’s parents.
(10) Details
of the wider family and their role and importance to –
(a) the child’s parents;
and
(b) any of the child’s
brothers or sisters.
9 Other information
about each parent of the child
(1) Information
about the parent’s home and the neighbourhood in which the parent lives.
(2) Details
of the parent’s educational history.
(3) Details
of the parent’s employment history.
(4) Information
about the parenting capacity of the child’s parent, particularly their ability
and willingness to parent the child.
(5) Any
other relevant information which might assist the Adoption Panel and adoption
service.
part 4
10 Information relating to
the health of the child’s natural parents and brothers or sisters
(1) Name,
date of birth, sex, weight and height of each parent.
(2) A
health history of each parent, including details of any serious physical or
mental illness, any hereditary disease or disorder, drug or alcohol misuse,
disability, accident, or hospital admission and in each case any treatment
given where the adoption service considers that information to be relevant.
(3) A
health history of the child’s brothers or sisters (of the full blood or
half-blood), and any other children of each parent with details of any serious
physical or mental illness and any hereditary disease or disorder.
(4) A
summary of the mother’s obstetric history, including any problems in the
ante-natal, labour, and post-natal periods, with the results of any tests
carried out during or immediately after the pregnancy.
(5) Details
of any present illness, including treatment and prognosis.
(6) Any
other relevant information which may assist the Adoption Panel and adoption
service.
SCHEDULE 2
(Regulations 47(2)(a) and (b)
and 50(2)(a) and (b))
INFORMATION RELATING TO PROSPECTIVE ADOPTER
part 1
1 Information about the prospective
adopter
(1) Name,
sex, date and place of birth and address.
(2) If
the prospective adopter is married or has formed a civil partnership but is
applying alone for an assessment of their suitability to adopt, the reasons for
this.
(3) Details
of any previous family court proceedings in which the prospective adopter has
been involved.
(4) Names
and addresses of 3 referees who will give personal references on the
prospective adopter, not more than one of whom may be a relative.
(5) Name
and address of the prospective adopter’s registered medical practitioner.
(6) If
the prospective adopter –
(a) is married, the date and
place of the marriage;
(b) has formed a civil
partnership, the date and place of registration of that partnership; or
(c) has a partner, details of
that relationship.
(7) Details
of any previous marriage, civil partnership or relationship which has ended.
(8) Whether
the prospective adopter is domiciled or habitually resident in a part of the
British Islands and if habitually resident for how long they have been
habitually resident.
(9) Details
of other members of the prospective adopter’s household, including any children
of the prospective adopter whether or not resident in the household.
part 2
2 Report on the health
of the prospective adopter
(1) Name,
date of birth, sex, weight and height.
(2) Past
health history, including details of any serious physical or mental illness,
disability, accident, hospital admission or attendance at an out-patient department,
and in each case any treatment given.
(3) Details
of any present illness, including treatment and prognosis.
(4) Details
of any consumption of alcohol that may give cause for concern or whether the
prospective adopter smokes or uses habit-forming drugs.
(5) Obstetric
history (if applicable).
(6) Infertility
or reasons for deciding not to have children (if applicable).
(7) A
family health history of the parents, any brothers or sisters or any children
of the prospective adopter, with details of any serious physical or mental
illness and any hereditary disease or disorder.
(8) Any
other relevant information which may assist the Adoption Panel and the adoption
service.
part 3
3 Information for purposes of prospective adopter’s report
(1) A
photograph and physical description.
(2) Racial
origin and cultural and linguistic background.
(3) Religious
persuasion (if any).
(4) Relationship
to the child (if applicable).
(5) A
description of the prospective adopter’s personality and interests.
(6) A
family tree with details of the prospective adopter, the prospective adopter’s siblings,
and any children of the prospective adopter, with their ages (or ages at death,
if applicable).
(7) A
chronology of the prospective adopter from birth.
(8) The
observations of the prospective adopter about their own experience of being
parented and how this has influenced them.
(9) Details
of any experience the prospective adopter has had of caring for children
(including as a parent, step-parent, foster parent, child minder or prospective
adopter) and an assessment of the prospective adopter’s ability in this respect.
(10) Any
other information which indicates how the prospective adopter and anybody else
living in the prospective adopter’s household is likely to relate to a child
placed for adoption with the prospective adopter.
(11) A
description of the prospective adopter’s wider family and their role and
importance to the prospective adopter and their likely role and importance to a
child placed for adoption with the prospective adopter.
(12) Information
about the prospective adopter’s home and the neighbourhood in which the
prospective adopter lives.
(13) Information
about the prospective adopter’s local community, including the degree of the
family’s integration with its peer groups, friendships and social networks.
(14) Details
of the prospective adopter’s educational history and attainments and the
prospective adopter’s views about how this has influenced them.
(15) Details
of the prospective adopter’s employment history and the observations of the
prospective adopter about how this has influenced them.
(16) The
prospective adopter’s current employment and the prospective adopter’s views
about achieving a balance between employment and child care.
(17) Details
of the prospective adopter’s income and expenditure.
(18) Information
about the prospective adopter’s capacity to –
(a) provide for a child’s
needs, particularly emotional and behavioural development needs;
(b) share a child’s history
and associated emotional issues; and
(c) understand and support
a child through possible feelings of loss and trauma.
(19) The
prospective adopter’s –
(a) reasons for wishing to
adopt a child;
(b) views and feelings
about adoption and its significance;
(c) views about their
parenting capacity;
(d) views about parental
responsibility and what it means;
(e) views about a suitable
home environment for a child;
(f) views about the
importance and value of education;
(g) views and feelings
about the importance of a child’s religious persuasion, racial origin, and cultural and linguistic background; and
(h) views and feelings
about contact between the child’s parent or guardian or
other individual with parental responsibility for the child, the child’s father,
and any relative, friend or other individual.
(20) The
views of other members of the prospective adopter’s household and wider family
in relation to adoption.
(21) Any
other relevant information which may assist the Adoption Panel and the adoption
service.
SCHEDULE 3
(Regulation 57(3))
adoption placement plan
(1) Whether
the child is placed with the consent of the parent or guardian.
(2) The
arrangements for preparing the child and the prospective adopter for the
placement.
(3) Date
on which it is proposed to place the child for adoption with the prospective
adopter.
(4) The
arrangements for review of the placement.
(5) Whether
parental responsibility of the prospective adopter for the child is to be
restricted, and if so, the extent to which it is to be restricted.
(6) Whether
the Minister for Children and Education is to pay an allowance under Article 9
of the Adoption Law and if so, the amount of the allowance and how and when it
is to be paid.
(7) The
arrangements which the adoption service has made for allowing any individual
contact with the child, the form of contact, the arrangements for supporting
contact and the name and contact details of the person responsible for
facilitating the contact arrangements (if applicable).
(8) The
dates on which the child’s later life letter and life story book are to be
passed by the adoption service to the prospective adopter.
(9) Details
of any other arrangements that need to be made.
(10) Contact
details of the child’s social worker, the prospective adopter’s social worker
and out of hours contacts.
(11) In
this Schedule –
“later life letter” means a letter prepared by the child’s social
worker explaining the child’s history from birth and containing factual details
about the child’s birth family and life before adoption;
“life story book” is an account of a child’s life in words, pictures
and documents to assist a child in understanding the child’s early history and
life before adoption.”.
37 Citation and commencement
These Regulations may be
cited as the Regulation of Care (Standards and Requirements) (Amendment)
(Jersey) Regulations 2022 and come into force immediately after the
commencement of the Regulation of Care (Regulated Activities) (Amendment of
Law) (Jersey) Regulations 2022.