15/23 Why an Application for Access under Permanent Care to an Agency May Not be Made Section 47 (3) (a)

Why an Application for Access under Permanent Care to an Agency May Not be Made Section 47 (3) (a):

“Where the child has been placed and is residing in the home of a person who has given notice of proposed adoption by filing the notice with the Minister, no application for an order granting access may be made during the continuance of the adoption placement until
(a) an application for adoption is made and the application is dismissed, discontinued or unduly delayed OR
(b) there is an undue delay in the making of an application for adoption.”

Comments:

This Section is very specific - that it is only applicable when “the child has been placed and is residing in the home of a person who has given notice of proposed adoption” According to this section, if someone has proposed to adopt BUT the child is not residing with this person, there should be no reason why an application for access cannot be made.