South Australian Current Regulations

ADOPTION (GENERAL) REGULATIONS 2018 - REG 10

10—Assessment report

        (1)         The Chief Executive must cause an assessment report to be prepared with respect to an application for registration.

        (2)         However, an assessment report need not be prepared if—

            (a)         the applicant is not resident in this State while the assessment is being carried out; or

            (b)         in the opinion of the Chief Executive, the assessment cannot be completed due to—

                  (i)         the inability to adequately assess the applicant in the applicant's usual home environment; or

                  (ii)         the failure of the applicant to participate in workshops, seminars or interviews or to cooperate in the assessment process.

        (3)         The assessment report must contain an assessment of the suitability of the applicant to adopt a child of the kind in relation to which registration is sought and the capacity of the applicant to care adequately for such a child.

        (4)         An assessment report must be prepared having regard to the following factors:

            (a)         the parenting skills or potential parenting skills of the applicant;

            (b)         the capacity of the applicant to provide, throughout the child's childhood, the standard of care necessary to safeguard and promote the physical, intellectual and emotional welfare of a child of the kind in relation to which registration is sought;

            (c)         if the applicant has the care of any other child—

                  (i)         the effect that may have on the best interests, rights and welfare of an adopted child or on the applicant's ability to care for an adopted child; and

                  (ii)         the impact that adoption of a child by the applicant may have on that other child;

            (d)         the emotional warmth, maturity and stability of the applicant;

            (e)         the physical and mental health of the applicant;

            (f)         the capacity of the applicant to deal with difficult or stressful situations and the familial, social and other support available to the applicant;

            (g)         in the case of a joint application—the length and quality of the relationship between the applicants;

            (h)         the economic position and financial management skills of the applicant;

                  (i)         the criminal record (if any) of the applicant;

            (j)         the nature of the childhood experiences of the applicant;

            (k)         if the applicant is infertile—the attitude of the applicant to that infertility or, in the case of a joint application, the attitude of each applicant to that infertility;

            (l)         the attitude of the applicant to children and in particular to the discipline of children;

            (m)         the attitude of the applicant to the status of an adopted child, to the birth parents of an adopted child and to an adopted child's access to information about the child's origin;

            (n)         the attitude to adoption of a child by the applicant of—

                  (i)         any children of the applicant; and

                  (ii)         any other parent or guardian of any children of the applicant; and

                  (iii)         any other person (who is a relative of the applicant, a member of the applicant's household or a close acquaintance of the applicant) with whom the child, if adopted by the applicant, would be likely to come into regular contact;

            (o)         the motivation of the applicant to adopt a child;

            (p)         if the applicant has expressed an interest in adopting a child with special needs—the capacity of the applicant to provide the standard of care required to fulfil the needs of such a child throughout the child's childhood and, if it is likely to be necessary because of the child's special needs, into adulthood;

            (q)         if the applicant has expressed an interest in adopting a child of a particular racial origin—the applicant's understanding of, and interest in, people of that racial origin and the applicant's attitude towards the retention by such a child of the child's cultural heritage.

        (5)         A person preparing an assessment report—

            (a)         must have regard to any relevant information relating to the applicant held by the administrative unit that is, under a Minister, responsible for the administration of the Children and Young People (Safety) Act 2017 ; and

            (b)         may have regard to any other factor that the person considers relevant in the particular circumstances.

        (6)         The Chief Executive may rely on an assessment report prepared by an adoption agency in relation to an application if satisfied that the agency, in preparing that assessment report, has complied with the requirements of this regulation (and in such a case the Chief Executive is not obliged to cause any other assessment report to be prepared in relation to the application).