Ordinance On The Rules Of Procedure For Adoption Board

Original Language Title: Bekendtgørelse om forretningsordenen for Adoptionsnævnet

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Overview (table of contents)



Chapter 1



Adoption Board's organisation and competence





Chapter 2



Secretariat





Chapter 3



Committee meetings, etc.





Chapter 4



Complaint cases





Chapter 5



Supervision of adoption consultations





Chapter 6



Supervision of intermediary organisations





Chapter 7



National foreign adoption





Chapter 8



Date of entry into force of



The full text of the Ordinance on the rules of procedure for Adoption Board

Under section 25, no. 1 and 2, section 25 (b) (1), 5. paragraph (4), 2. paragraph and in paragraph 5, and section 30, paragraph 3, of the law on adoption, see. lovbekendtgørelse nr. 392 of 22. April 2013, as amended by Act No. 647 of 12. June 2013 shall be determined: Chapter 1 Adoption Board's organization 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 reviewing Agency, family law Department.

(2). Members and delegates to them are appointed by the Minister of social affairs and integration until 4 years at a time. A member may be appointed for 8 years in total. The same applies to a Deputy.

(3). The legal member 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 concerning: (a)) decisions taken by the adoption, without prejudice to the consultations. Chapter 4, b) the activities in relation to the children's psycho-social and health conditions, as the organizations that have been given permission to provide adoption assistance according to article 30, paragraph 1, (the intermediaries), exercising, see. Chapter 6, and (c)) intermediate organisations processing of cases, where the Organization brought a specific child in proposal for a Danish adoption applicants (matching proposals), see. Chapter 2) to oversee: (a) without prejudice to the consultations provided for adoption). Chapter 5, b) intermediate organisations processing of matching proposals, see. Chapter 6, and (c)) the part of the intermediary organisations ' activities related to the children's psycho-social and health conditions, 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 and Management Committee meetings.

(2). The President shall, in cooperation with the Secretariat of the Board daily functions, including responding to consultations and queries of predominantly factual in nature.

(3). The other members of the Board shall be informed ex post of requests to and from the Tribunal, which is attended by the Chairman and the Secretariat in accordance with paragraph 2.

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

Chapter 2 section 5 Secretariat. The reviewing Agency, family law Division, the Secretariat shall make 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 a member or several members to take decisions on certain specified conditions.

(3). The Board may authorize a member or several members or 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 or the Deputy Chairman, participant.

(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 Tribunal can except when examining 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 on 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 the criminal code and administrative law general rules on secrecy.

(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 complaints Complaints dossiers 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 article 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 decide on, 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 Board, 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 subsequent decisions taken according to paragraph 1.

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

§ 20. For each Committee meeting, a protocol which included: 1) Board's decision regarding the individual complaint cases, indicating the vote number, and 2 the 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 there are cast 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 monitoring of adoption the consultations section 22. The Board may convene consultations to review cases from adoption.

(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 reviewing Agency, family law Division, of the kind that give rise to administrative difficulties.

Chapter 6 supervision of intermediary organisations § 25. The Board oversees the intermediary organisations processing of matching proposals and with the organizations ' activities related to the children's psycho-social and health conditions.
(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 ask the reviewing Agency, family law Division, whether pursuant to the Hague Convention of 29. 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 the lighting of afgiverlandenes legislation and practice regarding 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 reviewing Agency, family law Division, of the supervision gives rise to, including the fact that after the Board's view, can give rise to actions against an intermediary organization.

section 29. The Tribunal may, at the request of their reviewing Agency, family law Division, give opinions on General or specific conditions concerning the intermediary organisations and their activities abroad, including on their existing or future cooperation relationships abroad.

Chapter 7 National foreign adoption section 30. When the State administration sends a job to pursuant to section 41 of the Ordinance adoptionsnævnet as 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 conduct a review as 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. Vote was the Group's composition can be varied from case to case.

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 vote groups then the 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. Matters covered by this chapter, be treated on writing basis.

Chapter 8 entry into force of § 33. The notice shall enter into force on the 1. July 2013.

(2). Executive Order No. 650 by 25. June 2012 on the rules of procedure for Adoption, the Committee is hereby repealed.

The Ministry of Social Affairs and integration, the 21. June 2013 Karen Haekkerup/Malene Vestergaard

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