15.02.2013 Views

childcare-50years

childcare-50years

childcare-50years

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

3<br />

Adoption legislation, the social context and structure of services<br />

1989-2001<br />

Legislation 1989 - to the present<br />

The Children (NI) Order (1995) and its associated regulations and<br />

guidance introduced a number of changes, which were to have a<br />

direct bearing on adoption services. These included:<br />

• the establishment of the Northern Ireland Guardian ad Litem<br />

Agency (NIGALA). The Children Order provided for the<br />

appointment of a guardian ad litem for a child who is the subject<br />

of proceedings specified in Article 60 (6) of the Order. This<br />

includes all public law proceedings in respect of children and all<br />

proceedings associated with adoption. NIGALA was launched in<br />

time for the commencement of the Children Order in November<br />

1996, as a special agency of the then Department of Health and<br />

Social Services (DHSS). The main function of the Agency is to<br />

establish, organise and manage a regional guardian ad litem<br />

service. NIGALA is independent of HSS Boards and Trusts. For the<br />

first time, therefore, the role of guardian ad litem within adoption<br />

proceedings became entirely independent from that of the placing<br />

agency;<br />

• the setting up of an Adoption Contact Register to enable adopted<br />

people (from 18 years old) and their birth parents or other<br />

relatives, where they wish, to make contact with each other; and<br />

• the repeal, amendment and insertion of articles in the Adoption<br />

(NI) Order 1987, by the Children Order. Most notable was the<br />

insertion of a requirement in relation to a child whose father does<br />

not have parental responsibility for him/her. The court must now<br />

satisfy itself that the father has no intention of seeking a parental<br />

responsibility agreement or a residence order in respect of the<br />

child and that if he did make such an application, this would be<br />

likely to be refused. Whilst the Adoption Order already provided<br />

that 'all reasonable steps' should be taken to identify the father of<br />

the child, this new requirement brought putative fathers into<br />

adoption considerations in a hitherto unprecedented way.<br />

50 YEARS OF CHILD CARE IN NORTHERN IRELAND<br />

57

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!