Foster Carers who Wish to Adopt

The plan for every Looked After child must be to achieve permanence. For some children, this can best be realised by the Foster Carers with whom they live becoming the adoptive parents.

A percentage of children who are adopted will be adopted by Foster Carers who have been looking after those children for some time. Research shows that these can be some of the most successful adoptions. The agency welcomes applications from Foster Carers to adopt children where they are able to make a permanent commitment to those children. It is important, however, that Foster Carers give careful consideration as to whether they are able to take on the full responsibility for the child throughout their childhood and into adulthood and that they discuss this with their Supervising Social Worker worker before taking the matter further.

In the first instance, a Foster Carer(s) interest in adopting a specific child should be fully explored informally with the child's social worker, their relevant manager, their own supervising social worker and any other relevant professionals.

Where adoption by Foster Carers is recommended at the child's CIC Review and the Foster Carers make a formal application, the Foster Carers need to be assessed as adopters and their assessment presented to Adoption Panel for approval within 4 months, together with a recommendation for matching with the child in placement. Foster parents are entitled to the same information and preparation as other prospective adopters.

Foster parents who do not have the support of the local authority may still apply for an Adoption Order and give notice to the Regional Adoption Agency accordingly. This is dealt with as a 'Non-Agency' application by the Adoption Team.

When a Foster Carers proposes to make such an application, the implications of doing so must be fully discussed with them by the child's social worker or their supervising social worker, since it may well be that the department considers that a Child Arrangements Order or a Special Guardianship Order will be a further option, together with other Section 8 Orders, might be more appropriate for the child.

Under the Adoption & Children Act,  Foster Carers who have cared for a child for 1 year can give notice of their intention to adopt, neither parents not the local authority can remove the child from their care without the agreement of the court until the Court Hearing or until 3 months have elapsed and the foster parents have not made an application to the court. If the notice lapses, the Foster Carers cannot serve a fresh notice until a further 28 days have passed. This gives the local authority time to move the child if they consider a move to be in his/ her best interests.

However, it is important that any decision about Foster Carers adopting their foster children is based on sound consideration of the potential of the carers as adoptive parents and that this will be in the best long-term interests of the children.

A skilled Foster Carer cannot be assumed to be an appropriate adoptive parent. Some different competencies are required, such as:

• Acceptance that they are providing a permanent home for the child no matter what behaviour the child may present;
• Acknowledgement that support will be offered but in a different way from the support available to Foster Carers;
• Acceptance that they may have to manage birth family contact without the high level of support they have previously received as Foster Carers;
• Ability and willingness to take on Parental Responsibility for the child and a financial and emotional commitment for life.

When adoption becomes the plan for a child, Foster Carers who have formed a close attachment to the fostered child may ask to be considered as adoptive parents. This should always be considered carefully. Research indicates that such placements for permanence can promote the security of a child and encourage the development of a healthy attachment to the Foster Carers' family.

In such cases, the matter will be referred to the Service Manager for the child and the Service Manager for the Foster Carers.

They will meet with the appropriate Team Managers and social workers to consider:

• The assessment of the child's needs and the Foster Carers' ability to meet those needs via adoption;
• The availability of other adopters for the child, particularly for young children under 3 without complex needs;
• The length of placement, quality of the attachment and risks to the child's emotional wellbeing of disrupting the attachment;
• The contact plans for the child;
• Any risk to the child from the birth parents having current placement knowledge of the Foster Carer;
• The Foster Carer's intentions regarding continuing as short-term carers for other placements and the likely impact of this on the child needing permanence.

The child's social worker has a role in ensuring that the placement will meet the long-term needs of the child. The Foster Carers' supervising social worker has a role to ensure the Foster Carers have considered the impact on themselves and their family of a decision to commit long term to a particular child.

Often the elements that would normally be considered to make a good match may only be partly present, e.g. the carers may be older than ideal. However the positive advantages of maintaining an existing relationship of quality, the perceived durability of this relationship, the benefits of maintaining existing networks of support are all factors that need to be considered and a balance of risks and rewards considered against the uncertainty of seeking to find an elusive "other" placement that may never materialise.

It may also be appropriate for the Service Manager to meet the Foster Carers to discuss their interest in adopting the child.

Where the proposed match seems likely to meet the needs of the child, the foster carers will be advised to pursue the adoption through private law and that the costs of this will be underwritten by Childrens Services..

Where the match does not appear to be in the child's best interests the Foster Carers will be advised that any application will have to be pursued through private law but that the agency will not support this or underwrite the costs. In such cases thought must then be given as to whether the current placement remains the appropriate one for the child.

If Foster Carers do adopt under any circumstances this will not necessarily preclude them from continuing to foster either immediately or in the future. This matter should be determined through reference to the Service Manager for guidance and then an early review.

In all case where the Foster Carer is considering a long-term commitment to the child the potential of this to be secured through the making of a Special Guardianship Order or Child Arrangements Order, as well as an Adoption Order, must be thoroughly explored. Where a Foster Carer secures either Order, financial support may be paid - see Applications for Special Guardianship Orders Procedure.

 (In addition to the normal adoption assessment) 

The plans for adoption should be discussed fully with the child according to his/ her level of understanding. It is essential that sensitive planned work is carried out prior to an adoption application to ensure that the child understands his past and they Foster Carers understand the child's need for information about his birth family. (Responsibility - Child's Social Worker).

The child's social worker should discuss the plans for adoption with the birth parents.

Any Foster Carers wishing to proceed to adoption must put this request in writing to the child's social worker.

The child's Adoption Plan should be completed in the normal way to clarify and highlight all of the child's needs. A visit must then be made by the Adoption Team together with the child's social worker/ supervising worker. The outcomes of this visit must be sent in writing to all parties.

If, after discussions, the professionals and Foster Carers are in agreement that the child's Foster Carers seem able to meet the child's needs, then a pre-selection meeting needs to be booked with the Adoption Team Manager in order to formally discuss matching considerations and how the child's foster carers can meet the child's needs as adoptive parents (Responsibility - Child's Social Worker). The Foster Carers will be recommended to attend the adoption preparation course. However, they could also attend during their assessment period. If the Foster Carers are not felt to be suitable, and a pre selection meeting still needs to be arranged, then this needs to be confirmed in writing to the Foster Carers following the meeting.

The issues of finance needs to be raised at a very early stage in any discussions with Foster Carers who wish to be considered as adopters for a child they are caring for as there are different financial arrangements for Foster Carers who adopt. (Responsibility - Supervising Social Worker for Foster Carer).

In addition to any means tested on-going financial support which they are eligible for specifically relating to adoption, Foster Carers who adopt a child they are fostering will continue to receive their fostering fee for up to two years post Adoption Order, or in exceptional cases beyond this. Means-tested adoption allowances for foster carers who adopt will normally be considered in line with the general guidance for making adoption allowances.

If the child/ children is assessed to be in need of on-going financial support, the Foster Carers/prospective adopters should complete a Financial Assessment Form during the assessment process. An interim assessment of financial support can then be calculated. (Responsibility - Supervising Social Worker/ Foster Carer/ Assessing Social Worker).

The issue of equipment needed by any applicants to enable them to care for the child/ children should be raised. They may be in possession of equipment, which belong to the short-term fostering team and then continued use of this equipment needs to be negotiated by the team. (Responsibility - Supervising Social Worker/Foster Carer/Assessing Social Worker).

It must not just be assumed that Foster Carers have had access to the detailed information they now require as adopters. They must be given the same information as if they were adopters. (Responsibility - Assessing Social Worker).

In all other respects, the same procedure will apply as for placing babies/ children for adoption who are subject to Care Proceedings (see Permanence Planning Guidance).

Once the Adoption Panel's recommendation for match has been endorsed by the Agency Decision Maker, then the child's placement changes as he/she is now placed under the Adoption Regulations 2005 and becomes subject to review under those regulations.

The date for this change of placement status will be decided at the placement planning meeting. The Foster Carers must be notified in writing of this, and a copy of the notification placed on the child's adoption file and the adopter's file.

If there is to be adoptive on-going financial support, then the start date must be given to the Payments Team and the foster payments ceased.  (Responsibility - Supervising Social Worker for Foster Carer, and Adoption Social Worker) .

The prospective adopters will now be visited by the adoption team, the schedule of visits following "placement" must be adhered to, as in the procedures for stranger adoptions.

If there is to be adoptive on-going financial support then the interim calculation should be paid, pending the making of an Adoption order. (Responsibility - Supervising Social Worker for Foster Carer - then assessing Social Worker).

Foster carers who adopt will become entitled to adoption support from the Regional Adoption Agency in respect of their adopted children.