Adoption Act 2010 (Accredited Bodies) Regulations, 2010

• Jurisdiction: Ireland
• Citation: IR SI 524/2010
• Year: 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th November, 2010.

I, BARRY ANDREWS, Minister of State at the Department of Health and Children, in exercise of the powers conferred on me by sections 150 and 151 of the Adoption Act 2010 (No. 21 of 2010) and the Health and Children (Delegation of Ministerial Functions) Order 2010 ( S.I. No. 508 of 2010 ) and after consultation with the Adoption Authority of Ireland, hereby make the following regulations:

Citation, collective citation and construction

1. (1) These regulations may be cited as the Adoption Act 2010 (Accredited Bodies) Regulations 2010.

(2) The Adoption Act 2010 (Consent to Adoption Order) (Forms) Regulations 2010 ( S.I. No. 519 of 2010 ), Adoption Act 2010 (Pre-Placement Consultation Procedure) Regulations 2010 ( S.I. No. 520 of 2010 ), Adoption Act 2010 (Register of Intercountry Adoptions) Regulations 2010 ( S.I. No. 521 of 2010 ) and these regulations shall be construed as one and may be cited as the Adoption Regulations 2010.

Commencement

2. These Regulations come into operation on 4 November 2010.

Requirements for registration in register of accredited bodies

3. The Authority shall not register any body of persons in the register of accredited bodies in respect of any activity unless satisfied that the body of persons meets the requirements set out in Regulations 5 to 9 in respect of that activity.

Entries in register of accredited bodies

4. The form of, and the particulars to be contained in, the entries in the register of accredited bodies are set out in the Schedule.

Structure, obligations, etc. of accredited body

5. (1)(a) The Authority shall satisfy itself that the organisational structure of an accredited body is in a position to perform the functions for which it is seeking registration.

(b) Members of the body’s board of directors and staff shall have a background, expertise, qualifications and experience of the standard required by the Authority.

(2) The Memorandum and Articles of Association of the body shall provide that it is to be solely concerned with assisting in the adoption process on a not for profit basis.

(3) Its directors shall not receive compensation, other than reasonable reimbursement, as approved by the Authority, for expenses incurred by them.

(4)(a) Employees or agents of the body, or consultants or independent contractors engaged by it, may receive reasonable remuneration for services actually rendered.

(b) In determining what is reasonable remuneration, the Authority shall take into consideration the location where the person concerned is based, number of staff, workload requirements, size in financial terms of the body and norms in relation to remuneration applicable in other adoption agencies or in comparable child welfare agencies.

(5) No actual or promised payment or other consideration, except payment of agreed salaries or of fees agreed for services actually rendered to an accredited body, may be made by the body to any person directly or indirectly involved in the provision of an adoption service, whether the person is acting as an employee or agent of the body, a consultant or an independent contractor.

(6) An accredited body shall, in engaging any person to provide a service, do so only on a fee-for-service basis.

(7) An accredited body shall have a written policy prohibiting involvement in any activity or programme which could be construed or used as an inducement to ensure a supply of children for adoption and shall ensure operation and enforcement of the policy.

(8) An accredited body shall observe and comply with the terms of any international adoption agreements entered into by the State.

(9) An accredited body shall maintain contact, as appropriate to its functions, with the Authority, national central authorities in other countries and other organisations and bodies involved in the adoption process.

(10) An accredited body shall report, on request, to the Authority on the body’s activities, including any functions which should be performed by the accredited body but which it has delegated to other bodies or persons, and shall furnish the information so requested in a timely manner.

(11) An accredited body shall facilitate and cooperate with any inspection of its activities by the Authority.

(12) An accredited body shall provide to the Authority any information, documentation and statistical data requested by the Authority.

(13)(a) An accredited body shall disclose to the Authority any investigations, criminal charges or convictions, and any revocations or suspensions or other changes in licensing or accreditation status by authorities in the State or any other jurisdiction, that may have occurred in relation to adoption services provided by the accredited body or any such services provided to the accredited body by a third party.

(b) Such disclosure shall be made to the Authority by the accredited body within five working days of any such matter coming to the attention of the body.

(14) An accredited body shall disclose to the Authority, at the time of application for registration or renewal of registration, any past or pending investigations, criminal charges, convictions, malpractice, complaints or lawsuits, and any revocations or suspensions or other changes in licensing or accreditation status by authorities in the State or any other jurisdiction, that may have occurred in relation to services provided by the body.

(15) An accredited body shall have appropriate policies and procedures to enable it to provide an adoption service in accordance with the standards provided for in the Hague Convention, the Adoption Act 2010 and any regulations made under that Act.

(16)(a) Anaccredited body shall provide the range of adoption services in respect of which it is registered in the register of accredited bodies, either directly or through agencies acting under contract to it or under its control and supervision and for whom it takes responsibility.

(b) The manner in which those services are to be provided shall be set out in the body’s written policies.

(17) An accredited body shall have a written policy in regard to proposed ratios of cases on hand per member of its professionally qualified social worker staff providing adoption services.

(18) An accredited body shall provide adoption services only in accordance with written policies and procedures approved by the Authority.

(19)(a) Anaccredited body shall regularly and systematically review its adoption services to ensure adherence to appropriate standards and best practice, using methods appropriate to its size and circumstances.

(b) The body shall carry out ongoing reviews of its operations and, in particular, ensure that its structure of payments and fees is within acceptable norms.

(20)(a) An accredited body shall, on request, make available to members of the public information on its policies, procedures, activities and services and on the fees charged for adoption services.

(b) In particular, an accredited body shall, when requested, disclose fully and in writing:

(i) its policies and procedures, including general eligibility criteria, fees (including forms of payments and receipting systems) and the respective rights and responsibilities of—

(I) the prospective adoptive parents,

(II) birth parents,

(III) adopted persons,

(IV) adoptive parents, and

(V) the accredited body as provider of an adoption service;

(ii) the agreement, or a sample of the agreement, that the individuals referred to in clause (i) are expected to sign should they wish to proceed.

(21) An accredited body shall ensure—

(a) that its staff are suitably qualified and experienced for the provision of adoption services,

(b) that members of staff, volunteers or other agents are vetted by an appropriate authority before taking up employment with the body, and

(c) that each such member is trained in respect of the activities for which the body is registered in the register of accredited bodies.

Financial reporting, fees and charges

6. (1) An accredited body shall submit audited accounts for each year to the Authority within three months after the end of the year concerned.

(2) An accredited body, or any of its directors or employees, shall not have been convicted of any offence involving financial irregularity or shall not have filed for bankruptcy in the five-year period prior to its application for registration.

(3) An independent auditor shall be appointed by an accredited body to provide an annual audit of its finances.

(4) The auditor’s report shall be made available to the Authority by the accredited body.

(5) An accredited body shall have in place public liability and employer liability insurance policies.

(6) An accredited body shall submit to the Authority for prior approval its schedule of fees and any subsequent increases in fees or additions to the schedule.

(7) An accredited body shall—

(a) disclose fully the fees charged by the body for adoption services—

(i) to the general public on request, and

(ii) to the individuals referred to in Regulation 5(20)(b)(i) on initial contact,

(b) make available to applicants at the outset of the adoption process a written statement of fees and of estimated and actual expenses, and

(c) include in the statement the conditions under which fees and costs may be charged, waived, reduced or refunded and when and how fees are to be paid.

Records of accredited body

7. (1)(a) Subject to the requirements of the Data Protection Acts 1988 and 2003, an accredited body shall establish a records system to record relevant details of individuals referred to in Regulation 5(20)(b)(i) who have retained the accredited body to provide adoption services.

(b) The record shall include:

(i) a copy of applications by those individuals to the...