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* 1. You are working with a family who have a five-year-old girl, Sara, who is the subject of care proceedings. Her mother has died and her father is unable to look after her, so she is currently in foster care. You are not sure of her nationality – she has never had a passport. Her father tells you that he is British. Her mother was from the USA but you aren’t completely sure about her nationality / immigration status in England. Paternal grandmother lives in Texas, USA and is anxious to care for Sara permanently. She has only met Sara in person a few times, but speaks to her on Face Time as much as she can, and appears very committed to providing her with a permanent home. What sort of things will you need to consider when exploring the possibility of the paternal grandmother permanently caring for the Sara?

Points to Consider

-          Would Sara be entitled to live permanently in the USA? Is she entitled to US Citizenship? You might clarify this with the US Embassy.

-          Is the paternal grandmother a US Citizen / does she have a right to permanently reside in the USA?

-          These issues may determine the type of assessment conducted / the legal framework for the placement. If Sara cannot secure immigration status to live permanently in the USA, the placement can only proceed by way of intercountry adoption under the 1996 Hague Adoption Convention.

If Sara is entitled to US Citizenship, and her grandmother is also a US Citizen, how might you conduct a comprehensive assessment?

-          Initial screening assessment by phone / video?

-          Local assessment so you have information about PGM’s life in Texas, her home conditions. Or you may consider the option of a split assessment.

-          Can PGM travel to the UK for further assessment by the LA if necessary?

-          How can PGM learn about Sara’s specific needs, and how can we assess whether she can meet those needs?

-          Transition planning?

-          Will Sara need post placement support in Texas? Who will provide this?

-          What support will her grandmother need prior to and post placement in light of the outcome of the assessment?

-          What form of order will provide Sara with legal permanence? If the Local Authority is considering special guardianship as an outcome which would meet Sara’s best interests, how will this order be recognised / mirrored in Texas?

-          USA is not a 1996 Hague Convention Contracting State so there is no international legal framework for recognition of a SGO

-          The Local Authority may need to consider expert legal advice from a Texan lawyer as to the recognition of any SGO in Texas / mirror order

-        The Paternal Grandmother may need to be supported in applying for this.

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* 2. Part 1:

You are looking to assess a maternal grandmother who lives in Italy as a potential carer for a young boy. She has no pre-existing relationship with the child. What sorts of things will you need to think about in terms of conducting an assessment? Who will you approach for assistance? What advantages / disadvantages are there of the various methods?

Points to Consider:

-          Would the young boy be entitled to live permanently in Italy? Or can he secure the right to permanently reside there? You might clarify this with the Italian Embassy.

-          Is the maternal grandmother an Italian or EU Citizen / does she have a right to permanently reside in Italy?

-          What type of assessment is needed? (ie. kinship vs adoption)

Part 2:

You might also want to think about a local assessment. Italy is a Contracting State to the 1996 Hague Convention and so you might be able to seek a local assessment through the Central Authority. Alternatively, you could seek an assessment through the International Social Service Network via CFAB.

Advantages of a local assessment:

- Assessor has an understanding of local context – culture, services, environment, safety/security and law​

- Assessor will have the ability to access records and verify information​

- Assessor will be able to complete the assessment within the 26-week time frame

- Assessor may have local language skills​

- Assessor will always be able to conduct the assessment in accordance with UK court procedures and regulations

- The Assessor may be able to quickly build a rapport with prospective carer​

- No legal issues regarding right to work in-country

Disadvantages of a local assessment:

- Quality can vary

- Assessor will not have an in-depth understanding of the child and case circumstances

- Assessor does not have an in-depth understanding of UK procedures, laws and regulations

- Timescales – assessments are prone to delay

You might explore whether the maternal grandmother could travel to the UK for further assessment and to spend time with the child, with a view to building their relationship. This may feed into a split assessment, where the local social worker done part of the assessment and the Local Authority does further assessment work in the UK.

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