58Suitability checks

#### 58 Suitability checks 58 Suitability checks > > (1) The relevant decision-maker must not assess an authorised carer who applied to be approved as suitable to adopt a child unless the relevant decision-maker has obtained or conducted the following in respect of each authorised carer— > > > > > (a) approved identity information, > > > > > (b) if the relevant decision-maker reasonably believes that a designated agency has material knowledge about the authorised carer—a designated agency check from that agency, > > > > > (c) if the relevant decision-maker reasonably believes that an accredited adoption service provider has material knowledge about the authorised carer—an accredited adoption service provider check from that provider, > > > > > (d) a nationwide criminal record check, > > > > > (e) a Community Services check, > > > > > (f) references from at least 2 persons concerning the authorised carer’s suitability to adopt a child. > > > > Note. > > > > Section 45 (2) of the Act requires certain additional checks to be conducted under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051). > > > (2) The relevant decision-maker may obtain further information, or conduct further checks, in relation to an authorised carer at any time before the making of an adoption order in relation to the application. > > > (3) The relevant decision-maker is to obtain or conduct the following in respect of any person (other than a child in out-of-home care) who resides at an authorised carer’s home for a period of 3 or more weeks at any time after the application is made and before it assesses the authorised carer as suitable to adopt the child or any person who takes up residence after that assessment and before the adoption order is made— > > > > > (a) approved identity information, > > > > > (b) if the relevant decision-maker reasonably believes that a designated agency has material knowledge about the person—a designated agency check, > > > > > (c) if the relevant decision-maker reasonably believes that an accredited adoption service provider has material knowledge about the person—an accredited adoption service provider check from that provider, > > > > > (d) a nationwide criminal record check of the person (if the person is 16 or more years of age), > > > > > (e) a Community Services check (if the person is 16 or more years of age). > > > > Note. > > > > Section 45 (2) of the Act requires certain additional checks to be conducted under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051). > > > (4) The checks referred to in subclause (3) (d) and (e) do not apply to or in respect of a child if such a check was not required when an authorised carer suitability check was obtained or conducted in relation to the authorised carer who made the application. > > > (5) The relevant decision-maker may obtain further information, or conduct further checks, in relation to a person who resides at an authorised carer’s home for a period of 3 or more weeks to those referred to in subclause (3) at any time before the making of an adoption order in relation to the application. > > > (6) The relevant-decision-maker may make such other inquiries with respect to an authorised carer or a person who resides at the authorised carer’s home for a period of 3 or more weeks as the decision-maker considers appropriate, including any check relating to the employment or other activities of the authorised carer or person. > > > (7) An accredited adoption service provider has material knowledge about an authorised carer or person for the purposes of this clause if the accredited adoption service provider— > > > > > (a) has received an expression of interest from the authorised carer or person in adopting a child, or > > > > > (b) has received an application to adopt a child from the authorised carer or person, or > > > > > (c) has known the authorised carer or person to reside at the home of a person submitting such an expression of interest or application. > > > (8) A designated agency has material knowledge about an authorised carer or person for the purposes of this clause if the designated agency— > > > > > (a) has authorised the authorised carer or person as a carer under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), or > > > > > (b) has received an application from the authorised carer or person to be authorised as a carer, or > > > > > (c) has known the authorised carer or person to reside at the home of such a carer or applicant. > > > (9) In this clause— > > > > authorised carer suitability check means approved identity information, a designated agency check, a nationwide criminal record check or Community Services check obtained or conducted in accordance with the [Children and Young Persons (Care and Protection) Regulation 2012](/view/html/repealed/current/sl-2012-0425) for the purposes of deciding whether to grant an authorisation as an authorised carer.