Notice Of Rules Of Procedure For Adoption Consultation

Original Language Title: Bekendtgørelse om forretningsorden for adoptionssamrådet

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Overview (table of contents)



Chapter 1



Adoption consultation organisation and competence





Chapter 2



Conciliation secretariat





Chapter 3



Treatment and decision of cases





Chapter 4



Professional secrecy





Chapter 5



Date of entry into force of



The full text of the Ordinance on the rules of procedure for adoption consultation

Pursuant to § 25 a, paragraph 5, 2. point, in adoption law, see. lovbekendtgørelse nr. 905 of 28. September 2009, fixed: Chapter 1 Adoption consultation organisation and competence § 1. The Minister for Social Affairs and integration creates for each region, one or more adoption consultation, see. Adoption Act section 25 (a), paragraph 1.

§ 2. Each adoption consultation consists of a member with social training, a lawyer and a doctor, see. Adoption Act section 25 (a), paragraph 3.

(2). The members and alternates of the members are appointed by the Minister of social affairs and integration until four years at a time. Their appointments may be renewed. An appointment will expire at the end of the month in which the appointed age of 70 years.

(3). The legal member of the adoption consultation is Chairman of the consultation and must be an employee of the State administration. A substitute for the judicial member shall also be an employee of the State administration. Are any of the other members also employee in the State administration, he or she must not be engaged in his daily work with adoption area in the concerned State administration. He or she also may not have the legal member or his representative as head or have the same manager as the legal member or his or her delegate. A maximum of two of the Council members must be employees in the State administration.

§ 3. Adoption consultation main tasks are: 1) the decision on approval as adopter, see. Adoption Act § 25 a, paragraph 1, of the basic regulation. § 4 a, 2) to decide whether the applicant fulfils the general authorisation requirements, if the issue thereof shall be submitted by the Secretariat pursuant to section 7 (1), (3)) to take a decision on the cancellation of an approval as adopter, if conditions in order to be approved as adopter are no longer fulfilled, or if the applicant in fact cannot be considered suitable as adopter, see. Adoption Act section 25 (a), (2), (4)) to decide whether a person who has previously adopted a child, must participate in a preparatory course for the adoption to be approved as adopter, if needed, see. Adoption Act section 25 c, paragraph 2, 5) to decide on a derogation from the time limit laid down in the Ordinance on the adoption section 31 (3), (6)) to take a decision on the implementation of medical, psychiatric, psychological or other special study, see. notice of adoption of section 32, paragraph 3, 7) to consider whether an applicant's application for extension of approval to include the proposed child can be accommodated, without prejudice. notice of adoption of section 48, paragraph 3, and § 2, 61, paragraph 8) to take a position on whether a child who has been put in motion, located within the applicant's approval, if the intermediate organisation determines that the child is not obviously is within the applicant's approval, nor assessed outside the applicant's approval of the basic regulation. notice of adoption of section 50, paragraph 2, and 9) to assess whether a child who has been put in motion, located within the applicant's approval, when the applicant is not registered for an intermediary organization, see. notice of adoption of section 51 of the basic regulation. § 56, 10) to take a decision on whether an authorisation may be extended, in accordance with article 3. section 29 of the Ordinance on adoption.

(2). An adoption consultation decision may be instituted within 6 months of the Adoption Board, see. Adoption Act section 25 (b), paragraph 3.

§ 4. Adoption consultation President organises the consultation work with the assistance of the Secretariat, in accordance with article 3. Chapter 2.

Chapter 2 the consultation Secretariat, section 5. The State Administration provides secretarial assistance available for adoption consultation.

§ 6. The Secretariat prepares the matter for consideration in adoption consultation and informs the matter adequately.

(2). The Secretariat should obtain the information and implement the special studies which adoption consultation decides.

(3). To use for the adoption of the consultation process a specific case shall draw up a recommendation to the Secretariat decision and attaching the file.

§ 7. Adoption consultation shall take in phase 1 decide whether the examination and approval process can continue, without prejudice. However, paragraph 2.

(2). If the Secretariat determines that the applicant undoubtedly meets the General conditions of the ordonnance on adoption, §§ 25-27, the Secretariat shall take a decision on that examination and approval process can continue without having to refer the matter to the adoption consultation.

§ 8. Adoption of the consultation Secretariat can decide on the revocation of an approval in cases where the applicant, in writing, has declared a desire to get the case closed.

Chapter 3 Treatment and decision of cases § 9. Adoption consultation shall take decision in meetings.

(2). However, in special cases, the Chairman may decide that the case can be dealt with on the basis, in writing, by telephone conference or similar.

§ 10. Adoption consultation is only valid when the consultation is full.

(2). Decisions are made by ordinary majority of votes.

(3). Acts in the concrete cases that are processed by the adoption consultation, the consultation shall 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.

§ 11. Adoption of the consultation meetings are not open to the public.

(2). The Secretariat's employees may, in accordance with the President's determination to take part as a Secretary in a meeting in adoption consultation.

§ 12. For each case of a Protocol, which is set: 1) adoption consultation decision in the case, 2) justification for the decision of the consultation as well as the adoption of individual members ' positions, if there has been disagreement.

§ 13. Adoption consultation decision the applicant shall be notified with an indication of which members have taken part in the proceedings.

Chapter 4 confidentiality § 14. Adoption of the consultation members are subject to the criminal code and administrative law general rules on secrecy.

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

Chapter 5 date of entry into force of section 15. The notice shall enter into force on the 1. July 2012.

(2). Executive Order No. 921 of 28. September 2009 concerning the rules of procedure for adoption consultation shall be repealed.

The Ministry of Social Affairs and integration, the 25. June 2012 Karen Haekkerup/Trine Heath