Order On The Rules Of Procedure For Adoption Board

Original Language Title: Order On Rules Of Procedure For Adoption Board

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=127301

Overview (table of contents) Chapter 1 Adoption Committee's organisation and competence

Chapter 2 Secretariat

Chapter 3 Committee meetings, etc.

Chapter 4 complaints

Chapter 5 monitoring of adoption consultations

Chapter 6 supervision of intermediary organisations

Chapter 7 National foreign adoption

Chapter 8 entry into force The full text of the Ordinance on the rules of procedure for Adoption Board

Pursuant to § § 25, 25 (b) and 30 (3) of the adoption Act, see. lovbekendtgørelse nr. 905 of 28. September 2009, fixed:

Chapter 1

Adoption Board's organisation and competence

§ 1. Adoption Board consists of a Chairman, who shall be a high court judge or Supreme Court Justice, and of nine other members, of which four members with medical expertise (Pediatrics, internal medicine, psychiatry, and child and adolescent psychiatry), a psychologist, a social worker, two lay community members as well as a lawyer from the Department of family affairs.

(2). Members and deputies are appointed by the Minister of Justice in these for up to four years at a time. A member may be appointed for 8 years in total. The same applies to a Deputy.

(3). The legal member of the Board is Vice-Chairman of the Board. The Vice-President replaces the President's place, if the Chairman is prevented.

§ 2. Adoption Board's main tasks are:

1) to deal with complaints about:

(a)) decisions taken by the adoption, without prejudice to the consultations. Chapter 4,

(b)) the company abroad carried out by the organizations, as the Minister of Justice has been given permission to provide adoption assistance pursuant to the adoption Act section 30, paragraph 1 (the intermediaries), see. Chapter 4,

(c)) intermediate organisations processing of cases, where the Organization brought a specific child in proposal for a Danish adoption applicants (matching proposals), see. Chapter 4,

2) to oversee:

(a) without prejudice to the consultations provided for adoption). Chapter 5,

(b)) intermediate organisations business abroad, see. Chapter 6,

(c)) intermediate organisations processing of matching proposal, see. Chapter 6,

3) as well as:

(a)) by the national adoption directory to choose the approved applicant deemed best suited to adopt a particular child or receive a particular child in care with a view to the adoption of the basic regulation. Chapter 7,

(b)) to appoint a number of specially qualified pediatricians who can guide the adoption applicants in connection with the matching proposal,

c) collecting, processing and disseminating knowledge about adoption, and

(d)) to publish an annual report.

§ 3. The Committee President shall organise the Committee's work, with the assistance of the Secretariat, in accordance with article 3. Chapter 2, and head of Committee meetings.

§ 4. The Chairman, or the Chairman authorises it, represent the Board.

Chapter 2

Secretariat

§ 5. Department of Family Affairs provides secretarial assistance available to the Committee.

(2). The Secretariat can be attached by experts as consultants.

(3). The Committee can make use of external consultants, in particular, to collect, process and disseminate knowledge about adoption, see. § 2, nr. 3 (c).

§ 6. The Tribunal secretariat provides assistance to Committee work and carries out including the continuous updating and supplementing the Board's knowledge about the adoption.

Chapter 3

Committee meetings, etc.

Committee treatment

§ 7. The Board can exercise its activities in both meetings, to which all members are summoned (plenary meetings), and outside the meetings.

(2). The Board may authorize one or more members to take decisions on certain specified conditions.

(3). The Board may authorize one or more members or the Secretariat to carry out the Board's decisions.

§ 8. The Board is in the Affairs dealt with on plenary meetings, a quorum when at least 5 members, including the Chairman, are participating.

(2). Decisions are made by ordinary majority of votes. In cases where the votes are equal, the Chairman shall have the casting vote.

Participation

§ 9. Committee meetings are not public.

(2). The Committee can, except in the case of the processing of complaints, summon persons likely to have special insight or interest therein, to participate during the Board's treatment of an item on the agenda.

(3). The Secretariat's employees may, in accordance with the President's determination to participate in the Committee's meetings.

§ 10. A member must, as far as possible, give notice of absence in whole or in part.

(2). By a member absences shall be convened if possible, delegate.

Meetings

§ 11. The Committee holds meetings at the agreed meeting days and, in fact, as often as the Chairman deems necessary. The Chairman shall convene a meeting, when two members request it. The Chairman determines the notice of the request.

Agenda

§ 12. The agenda shall be determined by the Chairman.

(2). Any Member may require to put an item on the agenda.

(3). The agenda must, wherever possible, be attached to the material that is necessary for the Board's treatment of the items on the agenda.

(4). Acts in specific appeals for treatment must be available to members in good time before the meeting. In exceptional cases, it is sufficient that the acts are available at the latest at the meeting.

Report of proceedings

§ 13. The Secretariat shall prepare the minutes of each Committee meeting.

(2). Draft record is emitted at the latest in connection with the convening of the next meeting.

(3). Objections to the minutes shall be made no later than at the next Committee meeting.

Professional secrecy

§ 14. Adoption Committee members are subject to General rules on secrecy legislation.

(2). The Committee members shall ensure that the material is received in connection with the work of the Tribunal, is not disclosed to third parties. Member shall by resignation back give confidential material, as the person is in possession of.

Chapter 4

Complaint cases

Appeal's judgements preparation

§ 15. When a complaint is filed with the Board, shall be the responsibility of the Secretariat to prepare the matter to Committee proceedings. The Secretariat shall ensure that the case is adequately illuminated.

§ 16. Scheduling of the Secretariat, in cooperation with the Chairman, the number of cases for each Committee meeting, as taking into account the nature of the proceedings and reasonable treatment is possible to include.

Complaint to the State of processing and decision

§ 17. The Committee shall decide in appeal proceedings by oral treatment at plenary meetings, see. However, paragraph 2, and section 18.

(2). When special circumstances justifying it, the President may determine that a complaint be dealt with outside of a meeting. A member may, however, require that the matter be dealt with at a plenary meeting.

§ 18. The Chairman may on its own without referral to the Committee take a decision,

1) rejecting a complaint from a person who is not a complaint justified,

2) rejection of a complaint in accordance with its nature cannot be dealt with by the Committee, and

3) rejection of a request for resumption of proceedings, if there is no new and significant information.

(2). The Board's other members are informed of the decisions subsequently taken pursuant to paragraph 1.

§ 19. The, which is a party to the appeal proceedings shall be eligible for oral satisfaction of the Committee to explain his perception of the appeal.

§ 20. For each Committee meeting, a protocol which included:

1 the Board's decision regarding the individual complaint) cases, indicating the vote number, and

2) Board's reasons for decision, together with an indication of the views of individual members, if there has been disagreement.

(2). The minutes shall be approved at the meeting of the individual Committee members.

§ 21. The Board's decision shall state whether there has been consensus among Committee members about their deliberations or whether the offered dissent. By dissent must vote the number appear in the decision.

(2). The parties to proceedings shall be informed of the decision as soon as possible. At the same time it shall inform the authority or intermediary organisation, whose decision has been lodged against this.

(3). The Board shall publish decisions of general interest in anonymous form.

Chapter 5

Supervision of adoption consultations

§ 22. The Board may convene consultations provided for review in adoption cases from the Tribunal.

(2). The Committee shall inform the adoption consultation about the outcome of the review.

(3). The Tribunal may not, as part of its supervisory activities redo adoption samrådenes decisions.

§ 23. The Board may hold meetings with adoption consultations. The Committee may also give guiding opinions and recommendations for adoption consultations.

§ 24. The Committee shall inform the Department of Family Affairs on matters which give rise to administrative difficulties.

Chapter 6

Supervision of intermediary organisations

§ 25. The Board oversees the intermediary organisations processing of matching proposals and with organisations abroad, including cooperation with the foreign partners.

(2). The Committee may as part of its supervisory activities in accordance with paragraph 1 summon things from both the intermediary organisations such as adoption consultations.

section 26. The Tribunal can impose an intermediary organization to provide information about your organization's circumstances and whether a foreign intermediary-party relationship.

(2). The Committee may request the Department of Family Affairs pursuant to the Hague Convention of 29 on. May 1993 on protection of children and cooperation in respect of intercountry adoption to obtain information necessary for the supervision of the Board.
(3). The Committee may request the intermediary organisations to provide material for lighting by giving countries ' legislation and practice relating to adoption, as the Board may request the organizations to prepare statements on current conditions and future prospects. The Committee may also visit foreign authorities and intermediate organisations, foreign contacts as part of its supervision.

§ 27. The Board may hold meetings with the intermediary organisations. The Committee may also submit guiding opinions and recommendations to the intermediary organisations.

section 28. The Committee shall inform the Department of Family Affairs of the supervision gives rise to, including on matters which, in the Board's view, can give rise to actions against an intermediary organization.

section 29. The Tribunal may, at the request of the Department of Family Affairs, give opinions on General or specific conditions concerning the intermediary organisations and their activities abroad, including on their existing or future cooperation relationships abroad.

(2). The Committee shall issue, at the request of the Department of Family Affairs, setting for approval of an intermediary organization cooperation abroad.

Chapter 7

National foreign adoption

section 30. When an adoption consultation file a case under section 16 of the Ordinance for approval as an adopter, in which an adoption applicant is approved for adoption, three members of the Board shall conduct a review of the matter and does it including the familiar with the information in the case, which could have an impact in connection with the possible selection of the applicant in accordance with section 31.

(2). In order to carry out the examination referred to in paragraph 1, the appointment of one or more groups in the Committee vote. The Member of the Board who is a social worker, is a member of all the vote groups.

section 31. When a child abduction adopted at national adoption is sought or placed in care with a view to the adoption, with the assistance of the Committee, the Adoption of the Paediatric Committee member of a review of the child's case. The vote group, see. section 30, paragraph 2, on the recommendation of the permanent member selects in the groups, then the vote of the approved applicants, who after a concrete assessment deemed best suited to adopt the child or receive the child in care with a view to adoption.

(2). The total Board informed about decisions taken subsequently in accordance with paragraph 1.

section 32. The treatment of matters covered by this chapter, is done on the writing basis.

Chapter 8

Date of entry into force of

section 33. The notice shall enter into force on the 1. October 2009.

(2). Executive Order No. 1041 of 16. December 1999 on the rules of procedure for Adoption, the Committee is hereby repealed.
The Ministry of Justice, the 28. September 2009 Brian M/Trine Heath