Moving Forward:Implementing the ‘Guidelines forthe Alternative Care of Children’In association withSupported by
COPYRIGHT© Centre for Excellence for Looked After Children in Scotland(CELCIS) at the University of Strathclyde; Internati...
3FOREWORDThe situation of children deprived of parental care has been     As with all internationally agreed standards and...
4ACKNOWLEDGEMENTSThe research, collaboration and consultation for this project     We are also very grateful to the numero...
5(National Network for Children, Bulgaria); Denny               Argentina Field Test ParticipantsFord (Who Cares? Scotland...
6Malawi Field Test Participants                                   We are very grateful to photographer Maureen AndersonAnd...
7SYMBOLS  ACRONYMS§ – refers to a paragraph within a documentAIDS – Acquired Immunodeficiency SyndromeATD (Fourth World) –...
8CHAPTERSCHAPTER 1:THE MOVING FORWARD PROJECT:PUTTING THE GUIDELINES INTO PRACTICE	                    13CHAPTER 2:DEVELOP...
9CONTENTSCHAPTER 1: THE MOVING FORWARD                                     CHAPTER 3: SCOPE AND TERMINOLOGYPROJECT: PUTTIN...
10CONTENTSCHAPTER 5: THE ‘NECESSITY                                          5c. Tertiary level of prevention	            ...
11CONTENTSCHAPTER 7: DEVELOPING POLICIES                                       CHAPTER 8: CARE SETTINGS	                  ...
12CONTENTSCHAPTER 10: FINANCING, AUTHORISING                                   CHAPTER 12: CLOSING THE GAP BETWEENAND ENSU...
Chapter 1                                                      THE MOVING FORWARD PROJECT:                                ...
Chapter 1                                                                               THE MOVING FORWARD PROJECT:       ...
Chapter 1                                                                                THE MOVING FORWARD PROJECT:      ...
Chapter 1                                                                              THE MOVING FORWARD PROJECT:        ...
Chapter 1                                                                             THE MOVING FORWARD PROJECT:         ...
Chapter 2                                                                  DEVELOPMENT AND KEY FOUNDATIONS                ...
Chapter 2                                                                                                                 ...
Chapter 2                                                                                                                2...
Chapter 2                                                                                                                2...
Chapter 2                                                                                                                 ...
Chapter 2                                                                                                                 ...
‘Moving Forward: Implementing the ‘Guidelines for the Alternative Care of Children’
‘Moving Forward: Implementing the ‘Guidelines for the Alternative Care of Children’
‘Moving Forward: Implementing the ‘Guidelines for the Alternative Care of Children’
‘Moving Forward: Implementing the ‘Guidelines for the Alternative Care of Children’
‘Moving Forward: Implementing the ‘Guidelines for the Alternative Care of Children’
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‘Moving Forward: Implementing the ‘Guidelines for the Alternative Care of Children’
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‘Moving Forward: Implementing the ‘Guidelines for the Alternative Care of Children’
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The handbook provides practical guidance on moving forward on the road to alternative care provision for children. It highlights implications for policy-making where national governments should provide leadership as well as provides links to what is already being effectively done on the ground.

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‘Moving Forward: Implementing the ‘Guidelines for the Alternative Care of Children’

  1. 1. Moving Forward:Implementing the ‘Guidelines forthe Alternative Care of Children’In association withSupported by
  2. 2. COPYRIGHT© Centre for Excellence for Looked After Children in Scotland(CELCIS) at the University of Strathclyde; InternationalSocial Service (ISS); Oak Foundation; SOS Children’s VillagesInternational; and United Nations Children’s Fund (UNICEF) 2012Published by:The Centre for Excellence for Looked After Children in Scotland(CELCIS)University of Strathclyde141 St James RoadGlasgowG4 0LTScotland, United KingdomThe material in this handbook has been commissioned by ISS,Oak Foundation, SOS Children’s Villages International andUNICEF. The contents do not necessarily reflect the policiesor the views of these organisations.The designations employed and the presentation of the materialin this handbook do not imply on the part of the commissionersor authors the expression of any opinion whatsoever concerningthe legal status of any country or territory, or of its authoritiesor the delimitation of its frontiers.Any part of this handbook may be freely reproduced with theappropriate acknowledgement.Front cover image (centre) and all others as marked are thecopyright of Maureen Anderson and may not be reproducedseparately.Permission to translate all or any part of this handbook shouldbe obtained through ISS:International Social ServiceQuai du Seujet 321201 GenevaSwitzerlandISBN978-0-947649-91-3Authors:Nigel Cantwell, Jennifer Davidson, Susan Elsley, Ian Milliganand Neil QuinnCite as:Cantwell, N.; Davidson, J.; Elsley, S.; Milligan, I.; Quinn, N. (2012).Moving Forward: Implementing the ‘Guidelines for the AlternativeCare of Children’. UK: Centre for Excellence for Looked AfterChildren in Scotland.www.alternativecareguidelines.org
  3. 3. 3FOREWORDThe situation of children deprived of parental care has been As with all internationally agreed standards and principles,the subject of constant and serious concern expressed by the however, the real test lies in determining how they can beCommittee on the Rights of the Child over its two decades made a reality throughout the world for those that theyof work to monitor and promote the implementation of the target – in this case, children who are without, or are at riskConvention on the Rights of the Child. This concern is not of losing, parental care. Identifying those measures means,only evident from the Committee’s findings when reviewing first of all, understanding the implications of the ‘policyindividual States’ compliance with the treaty’s provisions, orientations’ proposed in the Guidelines, and then devisingbut was also manifested clearly and in global terms when the most effective and ‘do-able’ ways of meeting theirit decided to devote its annual Day of General Discussion requirements. Importantly, moreover, the Guidelines areto that issue in 2005. by no means addressed to States alone: they are to be taken into account by everyone, at every level, who is involvedThe Committee’s preoccupations are based on a variety in some manner with issues and programmes concerningof factors. These include: alternative care provision for children. • the large number of children coming into alternative This is where the Moving Forward handbook steps in. care in many countries, too often essentially due As its title suggests, it seeks precisely to assist all concerned to their family’s material poverty, to advance along the road to implementation, by explaining • he conditions under which that care is provided, and t the key thrusts of the Guidelines, outlining the kind of policy responses required, and describing ‘promising’ examples of • he low priority that may be afforded to responding t efforts already made to apply them in diverse communities, appropriately to these children who, lacking the countries, regions and cultures. primary protection normally assured by parents, are particularly vulnerable. I congratulate all the organisations and individuals that have contributed to bringing the Moving Forward project to fruition. This handbook is clearly an important tool forThe reasons for which children find themselves in informing and inspiring practitioners, organisations andalternative care are wide-ranging, and addressing these governments across the globe who are seeking to provide thediverse situations – preventively or reactively – similarly best possible rights-based solutions and care for their children.requires a panoply of measures to be in place. While theConvention sets out basic State obligations in that regard,it does not provide significant guidance on meeting them.This is why, from the very outset of the initiative in 2004,the Committee gave whole-hearted support to the ideaof developing the Guidelines for the Alternative Care ofChildren that would gain the approval of the internationalcommunity at the highest level.The acceptance of the Guidelines by the UN General Jean ZermattenAssembly in 2009 signalled all governments’ general Chairperson UN Committee on the Rights of the Childagreement that the ‘orientations for policy and practice’ they 31 October 2012set out are both well-founded and desirable. Since that time,the Committee has been making full use of the principles andobjectives established in the Guidelines when examining thereports of States Parties to the Convention and in formulatingits observations and recommendations to them.
  4. 4. 4ACKNOWLEDGEMENTSThe research, collaboration and consultation for this project We are also very grateful to the numerous individualsinvolved many partners and contributors, and the authors who gave their time and expertise to provide feedbackwould like to express their sincere gratitude to all who helped and/or review sections of earlier drafts: Benyam Dawitto bring this work to fruition. Mezmur (University of Western Cape and University of Addis Ababa); Brussels Mughogho (Family for Every ChildFirstly, our thanks go to the members of the Working Group Malawi); Bill Bell (Save the Children, UK); Delia Pop (Hopeon Children without Parental Care of the NGO Group for and Homes for Children); Diane Swales (UNICEF, East Asiathe Convention on the Rights of the Child, who ambitiously and Pacific); Ghazal Keshavarzian (Maestral International);initiated this project. Jean-Claude Legrand (UNICEF); Jenny Degeling (AttorneyThe project’s Steering Group members then led the General’s Department, Australia); John Pilkington (Queen’svision for this project, and provided guidance throughout University of Belfast); John Williamson (Displaced Childrenthe process. They helped to identify important policy and Orphans Fund (DCOF) or USAID); June Thoburnorientations, ‘promising practice’ examples and other (University of East Anglia); Keith White (Mill Grove, UK);key resources; they facilitated contact between the Maria Herczog (Eszterházy Károly College and Familyproject team and a wide range of experts, international Child Youth Association); Mike Stein (University of York)professional networks, and key regional contacts; and and Rebecca Smith (Save the Children).they oversaw the field testing process. Special thanks are due to Oliver Robertson of the QuakerWe therefore express special appreciation to Mia United Nations Office in Geneva for his invaluable inputs onDambach (ISS), Alan Kikuchi-White (SOS Children’s Villages ‘the care of children whose primary caregiver is in custody’.International), Amanda Cox (Family for Every Child), We also extend warm thanks to the many otherEmily Delap (Family for Every Child), Janet Nelson (ATD individuals and organisations that supported the projectFouth World), Kathleen Riordan (Better Care Network), by recommending resources, contacts, policy and practiceMara Tissera Luna (RELAF), Matilde Luna (RELAF), Megumi examples, as well as to those who participated in theFurubayashi (ATD Fourth World), Peter Gross (UNICEF) field test consultations. In particular: Aaron Greenbergand Séverine Chevrel (Better Care Network). (UNICEF); Alison Lane (JUCONI); Andro Dadiani (GeorgianThe main funders of the project enabled this vision to become Foster Care Organisation); Andy Elvin (Children and Familiesreality, and we gratefully acknowledge the financial support Across Borders, International Social Service UK); Annagranted by International Social Service (ISS), Oak Foundation, Nordenmark Severinsson (UNICEF); Barsukova TatianaSOS Children’s Villages International and UNICEF. Mitrophanovna (State Governmental Institution Social Rehabilitation Center Otradnoye, Russia); Bep Van SlotenAdditional funds from the NGO Group for the Convention (Better Care Network, Netherlands); Chabad Lubavitchon the Rights of the Child, Save the Children and The U.S. (IELADEINU, Argentina); Christina Baglietto (UNICEF);President’s Emergency Plan for AIDS Relief through USAID Christine Gale (UNICEF); Claudia Cabral (Terra dos Homenshas allowed this project to be widely disseminated and we and RELAF, Brazil); Daniel Miranda (Institute of Childhoodappreciate their support. and Adolescence of Uruguay (INAU); Daniela Koleva
  5. 5. 5(National Network for Children, Bulgaria); Denny Argentina Field Test ParticipantsFord (Who Cares? Scotland); Eduardo Garcia-Rolland Alejandra Rodriguez (Enfoque Niñez, Paraguay);(International Rescue Committee); Elize Coetzee (Give Alejandro Astorga (Opción Chile); Alejandro MolinaA Child A Family); Emmanuel Sherwin (SOS Children’s (Judge, Argentina); Andrea Ventura (Lawer, Argentina);Villages International); Evren Guncel Ermisket (Ministry of Camilo Guaqueta (SOS Children’s Villages, Colombia);Family and Social Policies of Turkey); Flora Vivanco Giesen Carmen Rodriguez (UNICEF, Uruguay); Cecilia Ceriani(National Childhood and Youth Service, Government of (RELAF, Argentina); Cruz Encina de Riera (CorazonesChile); James Kofi Annan (Challenging Heights, Ghana); Jini por la Infancia, Paraguay); Daniela Vetere (Ministry ofRoby (Brigham Young University); Jo Rogers (Partnership Human Rights of Argentina); Débora Miculitzki (Leladeinufor Every Child, Russia); Kelley Bunkers (Independent Program, Argentina, and RELAF); Federico KapustianskiConsultant); Kristīne Venta-Kittele (Ministry of Welfare (RELAF, Argentina); Gimol Pinto (UNICEF, Argentina);of the Republic of Latvia); Larisa Buchelnikova (Partnership Henry Chiroque (Save the Children Argentina); HernánFamily to Children, Yekaterinburg, Russia); Laura Martínez Lago (Governmental body, Argentina); Irina Villalbade la Mora (RELAF and Patronato Pro-Hogar del Niño (Governmental body, Paraguay); Jorge Ferrando (InstituteIrapuato, México); Leonel Asdrubal Dubón Bendfeldt of Childhood and Adolescence of Uruguay (INAU); Karina(Refugio de la Niñez, Guatemala); Lisa Lovatt-Smith Pincever (RELAF, Argentina); Leticia Virosta (RELAF,(Orphan Aid Africa); Maki Noda (UNICEF); Marketa Argentina); Lidia Batista (Provincial Diputie, Argentina);Hrodkova (Ministry of Labour and Social Affairs of the Liliana Gaitán (Governmental body, Argentina); Lucas AonCzech Republic); Marova Alexandra (The Charitable (Judge, Argentina); Luciana Rampi (RELAF, Argentina);Foundation of Social Orphanhood Prevention, Russia); M. Elena Naddeo (Legislator, Argentina); Marcelo AcsebrudMarta Iglesias Benet (ATD Fourth World); Martha (IELADEINU, Argentina); Marina Rojas (GovernmentalEugenia Segura (KidSave, Colombia); Matthew Dalling body, Argentina); Marina Sawatzky (Governmental body,(UNICEF); Feride Dashi (UNICEF); Maxine King (Child Paraguay); Marta Pesenti (Ministry of Human Rights,Welfare Organizing Project, USA); Meseret Tadesse Argentina); Miguel Sorbello (RELAF, Argentina); Mora(Forum on Sustainable Child Empowerment); Milena Podestá (UNICEF, Uruguay); Néstor Alvarez (GovernmentalHarizanova (UNICEF); Mir Anwar Shahzad (Society for body, Argentina); Norberto Liwski (DNI Latin America,Sustainable Development, Pakistan); Mooly Wong (The Argentina); Pablo Almeida (INAU, Uruguay); Pablo GonzálezChinese University of Hong Kong); Moushira Khattab (Governmental body, Argentina); Romina Pzellinski (UNICEF,(Woodrow Wilson International Center for Scholars); Munir Argentina); Sara González (RELAF Argentina); Verónica deMammadzade (UNICEF); Naira Avetisyan (UNICEF); Néstor los Santos (Uruguayan network for foster care); VirginiaÁlvarez (Governmental technical team, Argentina); Rachel Emilse Soto (Sierra Dorada, Argentina) and VivianaSzabo (Myers-JDC-Brookdale Institute); Rawan W. Ibrahim González (Governmental body, Argentina).(Columbia University Middle East Research Center); RusudanChkheidze (SOS Children’s Villages International); SarahMbira (Pendekezu Letu Kenya); Sylvia Lupan (UNICEF);Omattie Madray (ChildLink Inc); Tata Sudrajat (Save theChildren Indonesia) and Todijin Jalolov (Childs RightsCentre, Tajikistan).
  6. 6. 6Malawi Field Test Participants We are very grateful to photographer Maureen AndersonAndrew Mganga (Plan Malawi); Anord Satumba (Mzimba and friends at Vatsalya, India for use of their inspiringSocial Welfare); Brenda Phiri (World Vision International); images. Much appreciation also goes to the team atCecilia Maganga (World Vision International); Derek Transform Brands who worked patiently and tirelessly withLuhanga (EveryChild Malawi); Enock Bonongwe (Ministry us to create an attractive and reader-friendly publicationof Gender, Children and Social Welfare); Frank Damalekani out of a daunting mass of text.(Dowa District Social Welfare); Grace Siwombo (EveryChild Finally, the translators for this project, and those who stepMalawi); Harry Satumba (Ministry of Gender, Children in to disseminate the handbook’s messages in the comingand Social Welfare); Hope Msosa (SOS Children’s Villages months and years, will be instrumental in ensuring it canMalawi); Hycinth Kulemeka (Ministry of Gender, Children and reach a wide audience and we recognise in advance theSocial Welfare); Isaac Phiri (Chancellor College, University significant value of these efforts.of Malawi); Jacqueline Kabambe (UNICEF); Mirriam Kaluwa(UNICEF); James Gondwe (EveryChild Malawi); John We hope that the product of this joint exercise will makeWashali (District Social Welfare Office, Dowa District); Josen everyone mentioned – as well as those whose namesShella-Chanyama (Community Based Organizatin, Mzimba we may have inadvertently omitted – feel that theirDistrict); Justin Hamela (Ministry of Gender, Children and considerable efforts were worthwhile.Social Welfare); Keston Ndlovu (EveryChild Malawi); LaurentKansinjiro (Ministry of Gender, Children and Social Welfare); THE AUTHORSMacPherson Mdalla (Save the Children); Mathuzella Nigel Cantwell, International Consultant on ChildZyoya (Ministry of Gender, Children and Social Welfare); Protection Policies (Lead Consultant for the MovingMike Maulidi (District Social Welfare Officer, Chiradzulu); Forward Project)Nicodemus Mphande (EveryChild Malawi); Nyuma Mkhalipi-Chanyama (Community Based Organization, Mzimba Jennifer Davidson, Director, CELCIS, University ofDistrict); Pilirani Banda (Child Protection Worker, Dowa Strathclyde (Director of the Moving Forward Project)District); Richard Chilinda (EveryChild Malawi); Rodney Susan Elsley, Independent Consultant in Children’sChiwengo (St. Johns Ambulance); Thomas Moyo (EveryChild Rights, Policy and ResearchMalawi) and Tissie Msonkho (EveryChild Malawi). Ian Milligan, International Lead, CELCIS, UniversityThe support of the CELCIS team has been second to of Strathclydenone and we are deeply appreciative of our colleagues’ Neil Quinn, Senior Lecturer and International Co-ordinator,contributions to this project. In particular, Heather Lawrence School of Applied Social Sciences, University of Strathclydehas expertly coordinated this project with an outstandingcombination of professionalism, commitment and goodhumour that was invaluable in ensuring completion withinthe timescale required. The literature research undertakenby Zoe Tennant provided a solid foundation for ourwork. Our thanks also go to Graham Connelly, John PaulFitzpatrick, Katie Hunter, Lillemor McDerment, LorraineMcGuinness, Louise Hill and Vicki Welch for their helpfulreflections, translation and proofreading.
  7. 7. 7SYMBOLS ACRONYMS§ – refers to a paragraph within a documentAIDS – Acquired Immunodeficiency SyndromeATD (Fourth World) – ‘Aide à Toute Détresse’BCN – Better Care NetworkBeijing Rules – Standard Minimum Rules for the Administration of Juvenile JusticeBID – Best Interests DeterminationCAT – Convention against TortureCEDAW – Convention on the Elimination of Discrimination against WomenCELCIS – Centre for Excellence for Looked After Children in ScotlandCESCR – Covenant on Economics, Social and Cultural RightsCoE – Council of EuropeCRC – Convention on the Rights of the ChildCRC Committee – Committee on the Rights of the ChildCRPD – Convention on the Rights of People with DisabilitiesHIV – Human Immunodeficiency VirusHRC – Human Rights CouncilISS – International Social ServiceNGO – Non-Governmental OrganisationOHCHR – Office of the High Commissioner for Human RightsOVC – Orphans and Vulnerable ChildrenParis Principles – Principles relating to the status of national human rights institutionsRELAF – Latin American Foster Care NetworkThe Guidelines – Guidelines for the Alternative Care of ChildrenThe handbook – Moving Forward: Implementing the ‘Guidelines for the Alternative Care of Children’UN – United NationsUNGA – United Nations General AssemblyUNHCR – United Nations High Commissioner for RefugeesUNICEF – United Nations Children’s Fund
  8. 8. 8CHAPTERSCHAPTER 1:THE MOVING FORWARD PROJECT:PUTTING THE GUIDELINES INTO PRACTICE 13CHAPTER 2:DEVELOPMENT AND KEY FOUNDATIONS OF THE GUIDELINES 18CHAPTER 3:SCOPE AND TERMINOLOGY OF THE GUIDELINES’ 30CHAPTER 4:GENERAL PRINCIPLES AND PERSPECTIVES OF THE GUIDELINES 35CHAPTER 5:THE ‘NECESSITY PRINCIPLE’:PREVENTING THE NEED FOR ALTERNATIVE CARE 49CHAPTER 6:THE ‘SUITABILITY PRINCIPLE’:DETERMINATION OF THE MOST APPROPRIATE FORM OF CARE 66CHAPTER 7:DEVELOPING POLICIES FOR ALTERNATIVE CARE 75CHAPTER 8:CARE SETTINGS 86CHAPTER 9:SUPPORT FOR AFTERCARE 97CHAPTER 10:FINANCING, AUTHORISING AND ENSURING QUALITY CARE 103CHAPTER 11:CARE PROVISION ABROAD AND IN EMERGENCY SITUATIONS 113CHAPTER 12:CLOSING THE GAP BETWEEN INTENTION AND REALITY 120FURTHER RESOURCES 128
  9. 9. 9CONTENTSCHAPTER 1: THE MOVING FORWARD CHAPTER 3: SCOPE AND TERMINOLOGYPROJECT: PUTTING THE GUIDELINES OF THE GUIDELINES’ 30INTO PRACTICE 13 3a. Scope of the Guidelines 311a. eed for the handbook N 14 3b. Terminology used in the Guidelines 321b. se of the handbook U 15 i. lternative care in an existing family A1c. verview of the handbook O 15 ii. ther care settings O Context: Understanding the Guidelines i. iii. oncepts are not absolute C Implications for policy-making ii. ‘Focus’ boxes iii. CHAPTER 4: GENERAL PRINCIPLES AND ‘Promising practice’ examples iv. PERSPECTIVES OF THE GUIDELINES 35 Further resources v. 4a. asic and overarching approaches and measures 36 B1d. Methodology 16 Implications for policy-making:CHAPTER 2: DEVELOPMENT AND KEY Supporting the rights and needs of children withFOUNDATIONS OF THE GUIDELINES 18 disabilities and other special needs2a. ackground to the Guidelines 19 B 4b. undamental policy orientations F 38 i. hy and how the Guidelines were developed W and approved Focus 2: Placement of children aged 0-3 years 39 in family-based settings ii. urpose of the Guidelines P • mplications for policy-making I Implications for policy-making: • romising practice: P Demonstrating a commitment to children’s rights Case Study 1: UNICEF Sudan Alternative Family Care2b. illars of the Guidelines 22 P Case Study 2: UNICEF Kosovo Alternative Care Services i. especting the ‘necessity principle’ R Case Study 3: Child’s i Foundation, Uganda ii. especting the ‘suitability principle’ R Case Study 4: Foster Care Network, Paraguay iii. Applying the principles of necessity and suitability iv. aking account of the ‘best interests of the child’ T 4c. De-institutionalisation of care systems 42 Focus 3: Strategies for de-institutionalising 43 Focus 1: Participation of Children and Young 26 the care system People in Care Decisions and Care Settings • Implications for policy-making • mplications for policy-making I • Promising practice: • romising practice: P Case Study 1: De-institutionalisation strategy, Case Study 1: Mkombozi, Tanzania Moldova ase Study 2: Collective participation in child C Case Study 2: De-institutionalisation strategy, protection services, Norway Georgia ase Study 3: Who Cares? Scotland training C Case Study 3: De-institutionalisation strategy, initiative, Scotland, United Kingdom Malawi 4d. Principles underlying the measures 46 to promote application of the Guidelines Implications for policy-making: Providing the policy framework for alternative careHyperlinks within the document will take you to the relevant pages in the Guidelines. However, CLICK TO REFER TO THE GUIDELINESyou can also refer to the Guidelines at any time – just click where you see this blue tab.
  10. 10. 10CONTENTSCHAPTER 5: THE ‘NECESSITY 5c. Tertiary level of prevention 62PRINCIPLE’: PREVENTING THE Focus 7: Promoting sustainable reintegration 63NEED FOR ALTERNATIVE CARE 49 of children into their family from an alternative5a. Primary level of prevention 50 care setting i. hild-headed households C • romising practice: P ase Study 1: National Working Group on Family C Focus 4: Protection and support 51 and Community Living, Brazil for child-headed households ase Study 2: Reintegration in Sierra Leone C • Promising practice: ase Study 3: Walking Together – Family Support C ase Study 1: CARE Rwanda’s Nkundabana C Project for Children in Residential Care, Hong Programme, Rwanda Kong Special Administrative Region ase Study 2: Isibindi, South Africa C ase Study 3: Supporting Child-Headed C Households in Tanzania CHAPTER 6: THE ‘SUITABILITY PRINCIPLE’: DETERMINATION OF THE MOST5b. Secondary level of prevention 53 APPROPRIATE FORM OF CARE 66 i. hildren at risk of being relinquished C 6a. Gatekeeping 67 Focus 5: Supporting families to prevent 54 Focus 8: Gatekeeping: the development of 68 abandonment and relinquishment procedures to screen referrals, assess need and • mplications for policy-making I authorise placement • romising practice: P • mplications for policy-making I ase Study 1: Short-break services for children C • romising practice: P with disabilities, Russia ase Study 1: Child and Family Support Centre, C ase Study 2: Family support programmes, C Indonesia Malaysia ase Study 2: Gatekeeping systems in Azerbaijan C Case Study 3: Community-based rehabilitation of children with disabilities, Nepal 6b. A range of care options 71 ase Study 4: Kafala Excellence Project, Syria C Implications for policy-making: ii. onsidering the removal of a child from parental care C Providing a range of care options to meet iii. The care of children whose primary caregiver children’s needs is in custody 6c. Residential care when necessary and appropriate 72 Focus 6: The care of children whose primary 60 6d. Placement determination 72 caregiver is in custody i. rigorous process A • romising practice: P ii. lear aims C ase Study 1: Mandatory regulation within C Federal Court of Appeals, Argentina 6e. Follow-up reviews 73 ase Study 2: Children’s Officers in Prisons, C Implications for policy-making: Denmark Implementing rigorous processes for assessment, Case Study 3: Crèches and nursery schools for planning and review prisoners’ and prison officials’ children, India
  11. 11. 11CONTENTSCHAPTER 7: DEVELOPING POLICIES CHAPTER 8: CARE SETTINGS 86FOR ALTERNATIVE CARE 75 8a. Legal responsibility 877a. Informal care arrangements 76 8b. Key issues for agencies and facilities responsible 88 for formal care Focus 9: State involvement in informal 77 care arrangements Implications for policy-making: • Promising practice: Setting standards for staffing formal care services ase Study 1: Assessment framework for kinship C and facilities carers, New Zealand 8c. Foster care and residential care settings 90 ase Study 2: Government support of family C group conferencing to enhance kinship care in i. he foster care option T the Marshall Islands Focus 11: Developing family-based alternative 91 ase Study 3: Statutory Care Allowance, Australia C care settings • Implications for policy-making7b. Basic policy orientations 79 • Promising practice: Implications for policy-making: ase Study 1: Miracle Encounters – Family Links, C Supporting an evidence-based approach to Colombia policy-making ase Study 2: Strategy of care for vulnerable C children in foster care, Togo7c. Conditions in formal alternative care settings 80 ase Study 3: Fostering programme developed C i. hildren knowing their rights C by the Farm Orphan Support Trust in Zimbabwe ii. omplaints mechanisms C ii. he residential care option T Implications for policy-making: Ensuring complaints mechanisms are in place Implications for policy-making: Providing the residential care option iii. Private provision of alternative care iv. Culturally – and religiously-specific care options iii. hildren in conflict with the law C Focus 10: Supporting appropriate traditional 82 care responses CHAPTER 9: SUPPORT FOR AFTERCARE 97 • Promising practice: Focus 12: Preparation for leaving care 98 ase Study 1: Touchstones of Hope Initiative, C and aftercare support Canada • Implications for policy-making ase Study 2: Traditional foster care in Iraqi C • Promising practice: Kurdistan ase Study 1: SOS Children’s Village, Ghana C ase Study 2: ‘Permanent parents for teens’ C v. hild development and protection C project, United States vi. Stigmatisation ase Study 3: Supporting Care Leavers in Jordan C vii. Religion viii. se of force and restraints U Implications for policy-making: Use of discipline, punishment and restraints ix. Over-protection
  12. 12. 12CONTENTSCHAPTER 10: FINANCING, AUTHORISING CHAPTER 12: CLOSING THE GAP BETWEENAND ENSURING QUALITY CARE 103 INTENTION AND REALITY 12010a. Financing care 104 12a. The gap 121 12b. Collaboration for implementation 121 Focus 13: Financing care to avoid 104 unwarranted placements 12c. oles and responsibilities as highlighted R 122 within this collaboration • Implications for policy-making i. he role of the State T • Promising practice: ii. he role of agency leaders and senior professionals T ase Study 1: ‘Money follows the child’, Ukraine C iii. he role of the judiciary T Case Study 2: Financing care in Cambodia iv. he role of individual carers and front-line staff T10b. Inspection and monitoring 108 v. he role of licensing and inspection bodies T i. Inspection vi. he role of non-governmental and civil society T organisations Focus 14: Developing reliable and accountable 109 vii. he role of the ‘international community’ T licensing and inspection systems viii. he role of academics T • Implications for policy-making ix. he role of business T • Promising practice: 12d. Making progress happen 126 ase Study 1: Programme for the supervision C i. he vital foundation of data collection T of children’s homes, Mexico ii. he impetus of international human T ase Study 2: The RAF method for quality C rights monitoring assurance in residential settings for children, Israel iii. he importance of engagement as a driver T ase Study 3: Minimum standards for residential C for change and foster care in Namibia iv. chieving incremental changes A ii. Monitoring FURTHER RESOURCES 128CHAPTER 11: CARE PROVISION ABROAD International instruments and guidelinesAND IN EMERGENCY SITUATIONS 113 Commentaries on international instruments and guidelines11a. Providing care for children outside their 114 Alternative care literaturecountry of habitual residence Links to organisations and networks i. lacement of a child for care abroad P The Guidelines for the Alternative Care of Children 132 ii. rovision of care for a child already abroad P Implications for policy-making: Providing care for children outside their country of habitual residence11b. Providing alternative care 117in emergency situations Focus 15: Providing alternative care 118 in emergency situations • mplications for policy-making I • romising practice: P ase Study 1: After disaster strikes: Transforming C child protection in Aceh, Indonesia ase Study 2: International Rescue Committee C Rwanda Programmes, Rwanda
  13. 13. Chapter 1 THE MOVING FORWARD PROJECT: PUTTING THE GUIDELINES INTO PRACTICE 13THE MOVING FORWARDPROJECT: PUTTING THEGUIDELINES INTO PRACTICEIn this chapter you will find:1a. eed for the handbook N1b. se of the handbook U1c. Overview of the handbook Context: Understanding the Guidelines i. Implications for policy-making ii. ‘Focus’ boxes iii. ‘Promising practice’ examples iv. Further resources v.1d. Methodology CLICK TO REFER TO THE GUIDELINES
  14. 14. Chapter 1 THE MOVING FORWARD PROJECT: PUTTING THE GUIDELINES INTO PRACTICE 14The last decade has seen big steps taken toward the goal 1a. Need for the handbookof placing children’s rights at the heart of alternative care. It is not always easy to interpret the intended meaning of international instruments, and understand the thinkingFrom the initial concept, to the development and approval behind their provisions, on the basis of the texts alone.of the Guidelines for the Alternative Care of Children (the Consequently, the real implications of putting themGuidelines) by the United Nations General Assembly in its into effect are often difficult to determine. That is whyresolution A/RES/64/142, we now have a more coherent additional documents are prepared to clarify the origins,policy framework. Today, the Guidelines shape how policy- development and intended purpose of each instrument.makers, decision-makers and professionals approach both theprevention and the provision of alternative care for children. These documents can take different forms. For binding international treaties, such as the Convention on the RightsThis handbook, Moving Forward, has been created of the Child (CRC), the background to the drafting is oftento take us even further along the road to embedding recorded in ‘travaux préparatoires’ (records of the debates).children’s rights in alternative care provision. It aims In some instances, such as the 1993 Hague Conventionto support implementation of the Guidelines by making on Intercountry Adoption, an Explanatory Report is drawnstrong connections between national policy, direct up after the event. Whatever their form, such documentspractice and the Guidelines themselves. help those responsible for implementing and monitoringMoving Forward reflects the core message in the Guidelines the treaties to understand why certain provisions were included– that children must never be placed in alternative care (or, in some cases, excluded), why they are phrased in particularunnecessarily, and where out-of-home care must be way, and what basic intentions lie behind their inclusion. Theyprovided it should be appropriate to each child’s specific contribute to interpreting obligations under the treaties andneeds, circumstances and best interests. can, therefore, usefully guide their practical enforcement.This chapter explains why and how this handbookwas developed and outlines its contents. CLICK TO REFER TO THE GUIDELINES
  15. 15. Chapter 1 THE MOVING FORWARD PROJECT: PUTTING THE GUIDELINES INTO PRACTICE 15In the case of non-binding instruments such as declarations, of provisions that follow, as far as possible, the structurerules and guidelines, an Explanatory Report may also be of the Guidelines, and are considered from the standpointsprepared – examples include a number of Council of Europe of Context, Implications and Examples.texts, such as the Recommendation on the Rights ofChildren in Residential Institutions and the Guidelines i. Context: Understanding the Guidelinesfor Child-Friendly Justice. In rare instances (the UN’s In the sections entitled ‘Understanding the Guidelines’,1985 Standard Minimum Rules for the Administration our aim is to highlight the main innovative points andof Juvenile Justice (Beijing Rules) being a good example) indicate the thinking behind the inclusion or wordingan explanatory commentary is incorporated in the official of certain provisions. Given the length and detail of thetext after each provision. Guidelines, it would be impossible for this handbook to summarise or comment on every aspect of the text. ItNone of these potential sources of guidance and inspiration follows that the handbook cannot replace the Guidelines,existed for the Guidelines for the Alternative Care of Children. and should therefore be consulted in conjunction with them.This handbook, therefore, sets out the reasoning behind themain orientations of the Guidelines and indicates legislative, ii. Implications for policy-makingpolicy and programming initiatives that should enable the We recognise that each State develops policy accordingprovisions to be put into practice effectively. to its own social, political, cultural and economic context. Nevertheless, the Implications for Policy-Making sections1b. Use of the handbook of the handbook are important in highlighting areasThe handbook is designed as a resource tool for legislators, where national governments should provide leadershippolicy-makers and decision-makers in the field of child and oversight for a range of policy activities (legislation,protection and alternative care for children. Like the policy frameworks, guidance and programmes). PolicyGuidelines themselves, however, it should also be of interest implications are offered in eleven stand-alone sectionsto all professionals and care providers. In other words, it is entitled ‘Implications for Policy-Making’, where theyintended for the broadest range of entities and individuals, correspond to the Guidelines provisions being considered.in the governmental, private and civil society sectors. ‘Implications for Policy-Making’ sections are also locatedIt can be used in a variety of ways: within groupings of relevant ‘Focus boxes’ and ‘promising practice’ examples. These eleven sections outline policy- • To enhance understanding of the various provisions in making implications relating to: the Guidelines: why they were included and what their ramifications might be for policy and practice • emonstrating a commitment to children’s rights D • s an advocacy tool A • upporting the rights and needs of children with S disabilities and other special needs • s a basis and/or instigator of debates, with a view A to adjusting alternative care systems • roviding the policy framework for alternative care P • s a reference base or benchmark for assessing and A • roviding a range of care options to meet children’s P monitoring current alternative care systems, and for needs reporting to national and international bodies • mplementing rigorous processes for assessment, I planning and review • upporting an evidence-based approach S1c. Overview of the handbook to policy-makingThe handbook provides key information on the approach • nsuring complaints mechanisms are in place Etaken and the main issues raised by the Guidelines. It linksto policy and ‘promising practice’ examples, and provides • se of discipline, punishment and restraints Usignposts to useful additional resources. To this end, the • etting standards for staffing formal care services Smain body of the handbook is organised around ‘clusters’ and facilities CLICK TO REFER TO THE GUIDELINES
  16. 16. Chapter 1 THE MOVING FORWARD PROJECT: PUTTING THE GUIDELINES INTO PRACTICE 16 • Providing residential care option examples have been submitted by experts and NGOs or identified by our own research. They are deliberately • roviding care for children outside their country P called examples of ‘promising’ rather than ‘best’ practices, of habitual residence and their inclusion does not represent an endorsement from the handbook authors as to their on-going quality.iii. ‘Focus’ boxes Nevertheless, we believe that there is sufficient evidence forWithin each cluster of provisions, certain topics are examined them to be described as the kind of ‘promising’ developmentin more depth, and are analysed in ‘Focus’ boxes. The that the Guidelines are intended to encourage. Importantly,topics were selected not because they are necessarily more they link the Guidelines and the handbook to work thatimportant than other issues, but because it was felt that they is already happening ‘on the ground’. Where possible,needed more explanation and illustrative examples of how we provide a publicly available account of the project and,they can be put into practice. Fifteen topics are examined: in some cases, we are able to provide a link to an evaluation.1. Participation of children and young people in care decisions and care settings v. Further resources An appendix is provided that includes further resources2. Placement of children aged 0-3 in family-based settings and the full text of the Guidelines. The Further Resources section includes: International instruments and guidelines,3. Strategies for de-institutionalising the care system Commentaries on international instruments and guidelines,4. Protection and support for child-headed households a selection of key Literature on alternative care and websites of major Children’s rights organisations and networks.5. Supporting families to prevent abandonment and relinquishment Key resources used in developing the handbook are listed here, along with all the instruments and guidelines referred6. The care of children whose primary caregiver is in custody to in the text – many with web-links provided. All the resources listed are provided in their English-language version and,7. Promoting sustainable reintegration of children in the case of United Nations instruments, the web-links give into their family from an alternative care setting access to other UN language versions. The Alternative Care8. Gatekeeping: The development of procedures to screen section of resources is an indicative, but in no way exhaustive, referrals, assess need and authorise placement list of references that signposts readers to valuable sources of information for further learning. Only documents that have9. State involvement in informal care arrangements relevance across a variety of contexts or regions of the world10. upporting appropriate traditional care responses S have been included.11. eveloping family-based alternative care settings D 1d. Methodology Policy implications, ‘promising practices’ and resources12. reparation for leaving care and aftercare support P were identified during an extensive consultation process.13. inancing care to avoid unwarranted placements F The handbook steering group contacted a wide range of experts and, using existing international professional14. eveloping reliable and accountable licensing D networks, identified key contacts in regions. The handbook and inspection systems was field tested in Argentina (through RELAF) and Malawi15. Providing alternative care in emergency situations (through BCN-Malawi), and went through a robust grey and academic literature review.iv. ‘Promising practice’ examples Researchers from the handbook team have drawnFor each topic, an explanation of the issues at stake is from a range of resources including reports and studiesfollowed by at least two ‘promising practice’ examples on alternative care in a global context, internationaldrawn from countries in all regions of the world. These documents, and responses to the consultation process. CLICK TO REFER TO THE GUIDELINES
  17. 17. Chapter 1 THE MOVING FORWARD PROJECT: PUTTING THE GUIDELINES INTO PRACTICE 17A particular search strategy was used for selecting the‘promising practice’ examples. They were retrieved usingvarious combinations of search terms based on the selectedtopics, well-specified geographical gaps, and terms relatingto inspiring practice. The search used various general termsrelating to each of the topics (e.g. ‘aftercare’, ‘informalcare’, ‘kinship care’, etc). Articles were retrieved basedon database findings, and specific journals suggestedby the steering group were then targeted. After academicdatabases were reviewed, a hand-search was conductedof report documents suggested by consultation respondents,steering group members and the project team. The steeringgroup was also asked to circulate requests for practiceexamples to its members, which helped to identify furtherexamples. Finally, the project team reviewed all the examples Overall, there is a very good regional spread of practiceagainst the topic descriptor and agreed on which to include. examples. While it was not possible to provide a regional spread for every topic, selecting no more than one exampleThe range of practice studies aims to reflect the richness per country was balanced with other considerations. Thereand diversity of ‘promising practice’ internationally, was a desire to have strong evidence for every exampletherefore no more than one practice example per country of ‘promising practice’ and to represent the work of diversewas included in the handbook for all but one of the topics sectors (e.g. governmental, NGOs, civil society) as wellin the text. Due to the limited number of countries that have as a wide range of different agencies. Ensuring this wasneeded to develop emergency responses, and the resulting the case limited opportunities to achieve better regionallimited examples of accessible good practice within this balance for some topics.context, countries were referred to again in the chapteron ‘Providing alternative care in emergency situations’. CLICK TO REFER TO THE GUIDELINES
  18. 18. Chapter 2 DEVELOPMENT AND KEY FOUNDATIONS OF THE GUIDELINES 18DEVELOPMENT ANDKEY FOUNDATIONSOF THE GUIDELINESIn this chapter you will find:2a. ackground to the Guidelines B i. hy and how the Guidelines were developed and approved W ii. urpose of the Guidelines P Implications for policy-making: Demonstrating a commitment to children’s rights2b. illars of the Guidelines P i. especting the ‘necessity principle’ R ii. especting the ‘suitability principle’ R iii. pplying the principles of necessity and suitability A iv. aking account of the ‘best interests of the child’ T Focus 1: Participation of Children and Young People in Care Decisions and Care Settings • mplications for policy-making I • romising practice: P Case Study 1: Mkombozi, Tanzania ase Study 2: Collective participation in child protection services, Norway C ase Study 3: Who Cares? Scotland training initiative, Scotland, United Kingdom C CLICK TO REFER TO THE GUIDELINES
  19. 19. Chapter 2 192a. Background to the Guidelines CRC Article 20i. Why and how the Guidelines 1. A child temporarily or permanently deprived of his or were developed and approved her family environment, or in whose own best interestsThe Convention on the Rights of the Child (CRC) seeks cannot be allowed to remain in that environment,to protect children who are unable to live with their parents shall be entitled to special protection and assistanceor remain in a stable family setting (notably, though not provided by the State.only, in Article 20). However, the CRC does not describe 2. States Parties shall in accordance with their national in any depth what measures should be taken. The same laws ensure alternative care for such a child.applies to many other topics covered by the CRC. As a 3. Such care could include, inter alia, foster result, more detailed, internationally recognised guidance placement, kafala of Islamic law, adoption or ifis necessary. For example, the CRC is already supplemented necessary placement in suitable institutions for theby a substantial set of standards relating to juvenile care of children. When considering solutions, due regardjustice, a major treaty devoted to intercountry adoption, shall be paid to the desirability of continuity in a child’sand a guide to best interests determination for refugee upbringing and to the child’s ethnic, religious, culturaland unaccompanied children. and linguistic background. The desirability of having specific ‘Guidelines on the Use and Conditions of Alternative Care for Children’ was first broached by the Child Protection Section at UNICEF Headquarters. In 2004, they commissioned International Social Service (ISS) to draw up a series of working papers on children who lack adequate family care. ISS were also tasked with developing a ‘call for action’ on the subject. This ‘call’ was submitted for consideration to a number CLICK TO REFER TO THE GUIDELINES
  20. 20. Chapter 2 20of bodies, including the Committee on the Rights of the In response, Brazil officially circulated a draft of theChild (CRC Committee). Guidelines through the Office of the High Commissioner for Human Rights (OHCHR) and called for formal commentsThe CRC Committee agreed with the need for the by the end of January 2009. Brazil then organised a seriesGuidelines and transmitted its ‘decision’ to the (then) of open inter-governmental consultations from March toCommission on Human Rights in late 2004. The CRC June 2009 in Geneva, where all comments were reviewedCommittee went on to devote its Day of General Discussion in a transparent participatory forum. A revised draft wasin September 2005 to the question of children without prepared as a result.parental care. On 17 June 2009, the 11th session of the HRC adoptedOne of the main recommendations to emerge from by consensus a procedural resolution (A/HRC/RES/11/7)that discussion was for the international community to and submitted the new draft of the ‘Guidelines for theformulate draft guidelines to improve the implementation Alternative Care of Children’ to the United Nations Generalof the CRC for children deprived of their family. UNICEF Assembly (UNGA) in New York for consideration andand international NGOs joined forces in a working group possible adoption on 20 November, the 20th anniversaryof the NGO Group for the CRC, as well as with a number of the CRC.of individual experts and young people with experienceof alternative care to complete the text by early 2006. At its meeting on 20 November 2009, the Third Committee of the UNGA indeed recommended approval. Then, on 18In August 2006, the Brazilian authorities hosted an inter- December 2009, through its Resolution A/RES/64/142, thegovernmental meeting of experts to review that draft UNGA itself duly ‘welcomed’ the Guidelines by consensusGuidelines text. Some 40 governments attended, along – signalling that no country in the world had objections towith UNICEF, concerned international NGOs and three their content.members of the CRC Committee. A revised draft that tookinto account views and suggestions aired at the meeting ii. Purpose of the Guidelineswas then circulated for comment in the first half of 2007. The Guidelines are a non-binding international instrument.A ‘group of friends’ of the Guidelines also emerged from So, while their general merit for informing the approachthat 2006 meeting. Coordinated by Brazil, it initially to alternative care for children is clearly recognised, theycomprised government representatives from Argentina, comprise no obligations on the part of States or any otherChile, Egypt, Georgia, Ghana, India, Mexico, Morocco, concerned parties. As a result, provisions of the GuidelinesPhilippines, Portugal, Sudan, Sweden, Ukraine and Uruguay, are formulated using the term ‘should’ rather than ‘shall’and several others – including Austria, Finland, Italy, or ‘must’, except when existing fully-fledged rights (notablyNetherlands and Switzerland – became associated with those in the CRC) are being referred to.its work. The group continued to have an important role The Guidelines, being grounded in the CRC (see Guidelinesduring subsequent negotiations on the text. Delegates from § 1), are designed to ‘assist and encourage’ governmentsmany other countries worldwide were also deeply involved to optimise the implementation of the treaty (§ 2.c), andand played a very significant and constructive part in the to ‘guide policies, decisions and activities’ at all levels anddrafting process. in both the public and private sectors’ (§ 2.d). This statementThe first expression of support for the Guidelines from the of purpose also reflects the considerable emphasis that theUN Human Rights Council (HRC) was contained in a wide drafters placed not only on the need for the Guidelines toranging resolution on the rights of the child adopted in be viewed as ‘desirable orientations for policy and practice’March 2008 (A/HRC/RES/7/29, § 20), which ‘encourage[d] (§ 2) rather than required standards, but also on the factthe advancement’ of the draft. Progress was reported to that they are addressed to ‘all sectors directly or indirectlythe HRC’s 9th session six months later, when a specific concerned’, and by no means just to governments.resolution (A/HRC/RES/9/13) invited States ‘to dedicate all While they are not binding, the Guidelines can havetheir efforts, in a transparent process, with a view to taking a potentially very significant impact on practice in thispossible action’ on the draft at its next session. CLICK TO REFER TO THE GUIDELINES
  21. 21. Chapter 2 21sphere. Their status as a UN-approved set of principles It is also important to acknowledge, however, that (as isis important in itself and enables them to serve, among the case for virtually all similar international instruments)other things, as a basic reference for the CRC Committee the ‘orientations’ of the Guidelines do not take accountin its Concluding Observations on States’ compliance with of the availability of resources in any given country for fullrelevant provisions of the treaty. They can also similarly be implementation. While the Guidelines encourage the allocationtaken into account by the bodies monitoring several other of resources (§ 24-25), their primary role is to set out a pathtreaties, such as the Convention Against Torture and the that should be followed. This handbook reflects that stance.Convention on the Rights of Disabled Persons. IMPLICATIONS FOR POLICY-MAKING Demonstrating a commitment • llocate appropriate levels of resources to services A for children and their families so that children’s to children’s rights rights can be supported Guidelines: § 1, 6, 7, 72, 73 • nsure that the rights of all children are upheld E States should lead on implementing children’s rights regardless of status or circumstances and without in all aspects of legislation, policy and practice. This discrimination including poverty, ethnicity, religion, commitment to children’s rights should be demonstrated sex, mental and physical disability, HIV/AIDS or other in support and services to all children who require serious illnesses whether physical or mental, birth alternative care. outside of marriage and socioeconomic stigma • romote awareness of children’s rights, including the P National policy should: right to participate, to: children and their families; • nsure that national legislation, policy and practice E policymakers and those caring for children and fully supports the implementation of the CRC families; and wider society using public campaigns and other human rights instruments such as and the media the Convention on the Rights of Persons with • nsure that a commitment to children’s rights is E Disabilities (CRPD) and the Convention Against reflected in all legislation, policy and practice relating Torture. to children in alternative care • stablish independent bodies such as children’s E • nsure that children and their rights in alternative E ombudsmen or children’s commissioners in line with the care are protected while also recognising the ‘Paris Principles’ in order to monitor children’s rights importance of children being able to take informed • equire that children’s rights are capable of being R decisions which may involve some acceptable risk taken into account in law and that children have and is in line with those of children who live with access to remedies, including judicial remedies their families (§ 94) CLICK TO REFER TO THE GUIDELINES
  22. 22. Chapter 2 222b. Pillars of the Guidelines ii. Respecting the ‘suitability principle’The Guidelines have been created to ensure respect for two If it is determined that a child does indeed requirebasic principles of alternative care for children, namely: alternative care, it must be provided in an appropriate way. This means that all care settings must meet general • that such care is genuinely needed (the ‘necessity minimum standards in terms of, for example, conditions principle’), and and staffing, regime, financing, protection and access to • hat, when this is so, care is provided in an appropriate t basic services (notably education and health). To ensure manner (the ‘suitability principle’). this, a mechanism and process must be put in place for authorising care providers on the basis of established criteria, and for carrying out subsequent inspections overEach of these principles comprises two main sub-sets. time to monitor compliance. The second aspect of ’suitability’ concerns matching thei. Respecting the ‘necessity principle’ care setting with the individual child concerned. ThisActing on the ‘necessity principle’ first involves preventing means selecting the one that will, in principle, best meetsituations and conditions that can lead to alternative the child’s needs at the time. It also implies that a rangecare being foreseen or required. The range of issues of family-based and other care settings are in place, soto be tackled is considerable: from material poverty, that a real choice exists, and that there is a recognisedstigmatisation and discrimination to reproductive health and systematic procedure for determining which is mostawareness, parent education and other family support appropriate (‘gatekeeping’).measures such as provision of day-care facilities. It is worthnoting that, as the Guidelines drafting process progressed, In developing this range of options, priority should clearlygovernment delegates expressed an increasing interest be given to ‘family and community-based solutions’in ensuring that preventive responses were given the most (§ 53). At the same time, the Guidelines recognise family-comprehensive coverage possible. based settings and residential facilities as complementary responses (§ 23), provided that the latter conform to certainThe second action point for the ‘necessity principle’ specifications (§ 123, 126) and are used only for ‘positive’concerns the establishment of a robust ‘gatekeeping’ reasons (i.e. when they constitute the most appropriatemechanism capable of ensuring that children are admitted response to the situation and the needs of the childto the alternative care system only if all possible means concerned (§ 21)).of keeping them with their parents or wider (extended)family have been examined. The implications here are two- For example, a child who is taken into care as a resultfold, requiring adequate services or community structures of a negative family experience may be unable to copeto which referrals can be made, and a gatekeeping system with an immediate placement in another ‘family-based’that can operate effectively regardless of whether the setting and may, therefore, first need a less intimate orpotential formal care provider is public or private. emotionally-demanding environment. Equally, if foster care is envisaged as the most favourable solution, theFurthermore, the necessity of a placement must be regularly foster-family will need to be selected according to itsreviewed. These are clearly significant challenges for many potential willingness and ability to respond positively to thecountries but experience shows that they need to be characteristics of the child in question. Again, the suitabilityconfronted if unwarranted placements are to be avoided. of a placement must be subject to regular review – when and how often being dependent on the purpose, duration and nature of the placement – and should take account of all pertinent developments that may have occurred since the original decision was made. CLICK TO REFER TO THE GUIDELINES
  23. 23. Chapter 2 23 Q2iii. Applying the principles of necessityand suitabilityThe following are among the key elements to take intoaccount to ensure that alternative care is used only when Q1necessary and is appropriate for the child concerned. IS THE CARE APPROPRIATE FOR THE CHILD? Ensure that the care setting meets the needs of the child IS CARE GENUINELY NEEDED? Ensure formal alternative • oresee a full range F care settings meet of care options minimum standards Discourage recourse • ssign gatekeeping tasks A • ommit to compliance with C to qualified professionals to alternative care human rights obligations who systematically assess • rovide full access to basic P which care setting isReduce the perceived need • nsure a robust gate- E services, especially health- likely to cater best to afor formal alternative care keeping system with care and education child’s characteristics and decision-making authority situation • nsure adequate human E• mplement poverty I • ake available a range M • ake certain that M resources (assessment, alleviation programmes of effective advisory and residential care is used only qualifications and• ddress societal factors A practical resources to motivation of carers) when it will provide the that can provoke which parents in difficulty most constructive response can be referred • romote and facilitate P family breakdown • equire the care provider’s R appropriate contact with (e.g. discrimination, • rohibit the ‘recruitment’ P cooperation in finding parents/other family stigmatisation, of children for placement an appropriate long-term members marginalisation…) in care solution for each child • rotect children from P• mprove family support I • liminate systems for E violence and exploitation and strengthening services funding care settings that encourage unnecessary • et in place mandatory S• rovide day-care and P placements and/or registration and respite care opportunities retention of children in authorisation of all care• romote informal/ P alternative care providers, based on strict customary coping strategies criteria to be fulfilled • egularly review whether R• onsult with the child, C or not each placement is • rohibit care providers with P parents and wider family still appropriate and needed primary goals of a political, to identify options religious or economic nature• ackle avoidable T • stablish an independent E relinquishment in inspection mechanism a pro-active manner carrying out regular and• top unwarranted S unannounced visits decisions to remove a child from parental care THE SUITABILITY PRINCIPLE THE NECESSITY PRINCIPLE CLICK TO REFER TO THE GUIDELINES

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