9/14/2015

ABRIGHT FUTURE FOR EVERY CHILD | IBONDE CHILDRENS HOME


Guidelines forthe Alternative Care Of Children Ibonde Children’s Home

Ibonde Children’sHomeis a non-governmental and non-denominationalchild-focused organization that provides direct servicesin the areas of care, education and health for children atrisk of losing parental care, and those who have lost parentalcare. The organization also builds the capacity ofthe children‘s caregivers, their families and communitiesto provide adequate care.

Ibonde Children’s Homeadvocates for the rights of childrenwithout parental care and those at risk of losing parentalcare. Founded in 1949, its operations are guided bythe spirit of the UN Convention on the Rights of the Child.

International Social Service (ISS )

International Social Service (ISS) helps individuals,children and families confronted with social problemsinvolving two, or more, countries as a consequence of international migration or displacement. As an national not-for-profit organization established in 2008, it is active in around 5 districts and provides services tomore than 500 persons throughout the Uganda .ISS has developed a specific competence in the areas ofadoption and, in the broader context, the prevention of theabandonment, placement, support to families of origin,the respect of children placed in foster care and in residentialcare.

INTRODUCTION

Millions of children around the world are without, or at risk of losing, parental care and face significant challengesin their daily lives which often have long term implications well into adulthood.Through its work monitoring the United Nations Convention on the Rights of the Child (UNCRC) the UNCommittee on the Rights of the Child came to realize that many of these challenges affecting children andfamilies were not adequately understood and therefore not taken into account in policy and practice.

This recognition of the gaps between the rights of children and the reality of implementation on the groundinspired the Committee to hold its 2005 Day of General Discussion on the topic of children without parentalcare. As a result of this day, the Committee made a key recommendation calling on the international communityof Government, United Nations agencies, NGOs, experts, academics and professional organizations to cometogether to develop a set of international standards that would ultimately give expert guidance to Government andother duty-bearers on the implementation of the UNCRC.

The Committee therefore warmly welcomes the important and vital recognition given to the Guidelines for theAlternative Care of Children by the United Nations General Assembly on the 20th anniversary of the UNCRC On November 20, 2009. They are the direct result of the call from the Committee in 2005 and of five years ofwork including extensive consultation and negotiation.

We, Ibonde Children’s Home welcome this Alternative care framework with much enthusiasm. It has the potential to promote children’s rights and improve the lives of children, their families and communities around the Uganda. With the aim of promoting disseminationand supporting implementation, this policy introduces the official text of the Guidelines for the AlternativeCare of Children

Background

The Guidelines for the Alternative Care of Children were born from recognition of significant gaps inthe implementation of the UNCRC for millions of children worldwide either without, or at risk of losing,parental care. The international community has therefore come together and developed these Guidelines forthe Alternative Care of Children. They are the result of five years of discussions and negotiation betweenthe UN Committee on the Rights of the Child, Government led by Brazil, UNICEF, experts and academics,representatives of non-governmental organizations and, last but not least, young people with care experience.

Key principles

The Guidelines for the Alternative Care of Children outline the need for relevant policy and practice withrespect to two basic principles: necessity and appropriateness. At the heart of necessity we find the desire tosupport children to remain with, and be cared for by, their family. Removing any child from his/her familyshould be a measure of last resort, and before any such decision is taken, a rigorous participatory assessmentis required.

Concerning appropriateness, the Guidelines for the Alternative Care of Children define a range ofsuitable alternative care options. Each child in need of alternative care has specific requirements with respectto, for example, short or long-term care or keeping siblings together. The care option chosen has to be tailoredto the individual needs of the child. The suitability of the placement should be regularly reviewed to assess thecontinued necessity of providing alternative care, and the viability of potential reunification with the family.

PURPOSE

(a) To support efforts to keep children in, or return themto, the care of their family or, failing this, to find anotherappropriate and permanent solution, includingadoption.

(b) To ensure that, while such permanent solutions arebeing sought, or in cases where they are not possibleor are not in the best interests of the child, the mostsuitable forms of alternative care are identified andprovided, under conditions that promote the child’sfull and harmonious development;

(c) To assist and encourage Government to better implementtheir responsibilities and obligations in theserespects, bearing in mind the economic, social andcultural conditions prevailing in each Government; and

(d) To guide policies, decisions and activities of all concernedwith social protection and child welfare in boththe public and the private sectors, including civil society.

GENERAL PRINCIPLES AND PERS PECTIVES

A. The child and the family

The family being the fundamental group of society andthe natural environment for the growth, well-being andprotection of children, efforts should primarily be directedto enabling the child to remain in or return to the careof his/her parents, or when appropriate, other close familymembers. The Government should ensure that families haveaccess to forms of support in the caregiving role.

Every child and young person should live in a supportive,protective and caring environment that promotes his/her full potential. Children with inadequate or no parentalcare are at special risk of being denied such a nurturingenvironment.

Where the child’s own family is unable, even with appropriatesupport, to provide adequate care for the child,or abandons or relinquishes the child, the Government is responsiblefor protecting the rights of the child and ensuringappropriate alternative care, with or through competentlocal authorities and duly authorized civil society organizations.It is the role of the Government, through its competentauthorities, to ensure the supervision of the safety, wellbeingand development of any child placed in alternativecare and the regular review of the appropriateness of thecare arrangement provided.

All decisions, initiatives and approaches falling withinthe scope of the present Guidelines should be made on a

GUIDELINES FOR THE ALTERNATIVE CAREOF CHILDREN

Guidelines for the alternative ca re of childrencase-by-case basis, with a view, notably, to ensuring thechild’s safety and security, and must be grounded in thebest interests and rights of the child concerned, in conformitywith the principle of non-discrimination and takingdue account of the gender perspective.

They shouldrespectfully the child’s right to be consulted and to havehis/her views duly taken into account in accordance withhis/her evolving capacities, and on the basis of his/heraccess to all necessary information. Every effort shouldbe made to enable such consultation and information provisionto be carried out in the child’s preferred language.

In applying the present Guidelines, determination ofthe best interests of the child shall be designed to identifycourses of action for children deprived of parental care, orat risk of being so, that are best suited to satisfying their

needs and rights, taking into account the full and personal development of their rights in their family, social and culturalenvironment and their status as subjects of rights, bothat the time of the determination and in the longer term..

Government should develop and implement comprehensivechild welfare and protection policies within the frameworkof their overall social and human developmentpolicy, with attention to the improvement of existingalternative care provision, reflecting the principles containedin the present Guidelines.

As part of efforts to prevent the separation of childrenfrom their parents, Government should seek to ensure appropriateand culturally sensitive measures:

(a) To support family care giving environments whose capacitiesare limited by factors such as disability, drugand alcohol misuse, discrimination against familieswith indigenous or minority backgrounds, and livingin armed conflict regions or under foreign occupation;

(b) To provide appropriate care and protection for vulnerablechildren, such as child victims of abuse andexploitation, abandoned children, children living on

the street, children born out of wedlock, unaccompaniedand separated children, internally displaced andrefugee children, children of migrant workers, childrenof asylum-seekers, or children living with or affectedby HIV/AIDS and other serious illnesses.

Special efforts should be made to tackle discriminationon the basis of any status of the child or parents,including poverty, ethnicity, religion, sex, mental andphysical disability, HIV/AIDS or other serious illnesses,whether physical or mental, birth out of wedlock, andsocio-economic stigma, and all other statuses and circumstancesthat can give rise to relinquishment, abandonmentand/or removal of a child.

B. Alternative care

All decisions concerning alternative care should take full account of the desirability, in principle, of maintainingthe child as close as possible to his/her habitual placeof residence, in order to facilitate contact and potential

Reintegration with his/her family and to minimize disruptionof his/her educational, cultural and social life.

Decisions regarding children in alternative care, includingthose in informal care, should have due regardfor the importance of ensuring children a stable homeand of meeting their basic need for safe and continuousattachment to their caregivers, with permanency generallybeing a key goal.

Children must be treated with dignity and respect at all times and must benefit from effective protection fromabuse, neglect and all forms of exploitation, whether onthe part of care providers, peers or third parties, in whatever care setting they may find themselves.

Removal of a child from the care of the family shouldbe seen as a measure of last resort and should, wheneverpossible, be temporary and for the shortest possible duration.Removal decisions should be regularly reviewed andthe child’s return to parental care, once the original causesof removal have been resolved or have disappeared,should be in the best interests of the child, in keepingwith the assessment foreseen in paragraph 49 below.

Financial and material poverty, or conditions directlyand uniquely imputable to such poverty, should never be theonly justification for the removal of a child from parentalcare, for receiving a child into alternative care, or for preventinghis/her reintegration, but should be seen as a signalfor the need to provide appropriate support to the family.

Attention must be paid to promoting and safeguardingall other rights of special pertinence to the situationof children without parental care, including, but notlimited to, access to education, health and other basicservices, the right to identity, freedom of religion or belief,language and protection of property and inheritancerights.

Siblings with existing bonds should in principle not beseparated by placements in alternative care unless thereis a clear risk of abuse or other justification in the bestinterests of the child. In any case, every effort should bemade to enable siblings to maintain contact with eachother, unless this is against their wishes or interests.

Recognizing that majority ofchildren without parental care are looked after informallyby relatives or others, Government should seek to deviseappropriate means, consistent with the present Guidelines,to ensure their welfare and protection while insuch informal care arrangements, with due respect forcultural, economic, gender and religious differences andpractices that do not conflict with the rights and best interestsof the child.

No child should be without the support and protectionof a legal guardian or other recognized responsible adultor competent public body at any time.

The provision of alternative care should never be undertakenwith a prime purpose of furthering the political,religious or economic goals of the providers.

The use of residential care should be limited to caseswhere such a setting is specifically appropriate, necessaryand constructive for the individual child concernedand in his/her best interests.

In accordance with the predominant opinion of experts,alternative care for young children, especiallythose under the age of 3 years, should be provided infamily-based settings. Exceptions to this principlemay be warranted in order to prevent the separation ofsiblings and in cases where the placement is of an emergencynature or is for a predetermined and very limitedduration, with planned family reintegration or other appropriatelong-term care solution as its outcome.

THE PRINCIPLE OF NECESSITY

This principle presents a clear preventative rolefor national policy and the need for resourcesto ensure supportive social work services thatseek to prevent the separation of children fromtheir families.

Guidelines for the alternative care of children

While recognizing that residential care facilities andfamily-based care complement each other in meeting theneeds of children, where large residential care facilities(institutions) remain, alternatives should be developed inthe context of an overall deinstitutionalization strategy,with precise goals and objectives, which will allow fortheir progressive elimination. To this end, Government shouldestablish care standards to ensure the quality and conditionsthat are conducive to the child’s development, such as individualized and small-group care, and shouldevaluate existing facilities against these standards.

Decisionsregarding the establishment of, or permission toestablish, new residential care facilities, whether publicor private, should take full account of this deinstitutionalizationobjective and strategy.

THE PRINCIPLE OF APPROPRIATENESS

In cases where alternative care is deemed necessary,and in the child’s best interests, theGuidelines seek to ensure that the choice of thecare setting and the period spent in care areappropriate in each case and promote stability and permanence.

(b) Alternative care may take the form of:

(I) Informal care: any private arrangement providedin a family environment, whereby the childis looked after on an ongoing or indefinite basisby relatives or friends (informal kinship care) orby others in their individual capacity, at the initiativeof the child, his/her parents or other personwithout this arrangement having been ordered byan administrative or judicial authority or a dulyaccredited body;

(ii) Formal care: all care provided in a family environmentwhich has been ordered by a competentadministrative body or judicial authority, and allcare provided in a residential environment, includingin private facilities, whether or not as aresult of administrative or judicial measures.

(c) With respect to the environment where it is provided,alternative care may be:

(I) Kinship care: family-based care within thechild’s extended family or with close friends ofthe family known to the child, whether formal orinformal in nature;

(ii) Foster care: situations where children areplaced by a competent authority for the purposeof alternative care in the domestic environment ofa family other than the children’s own family, thathas been selected, qualified, approved and supervisedfor providing such care;

(iii) Other forms of family-based or family-likecare placements;

(iv) Residential care: care provided in any nonfamily-based group setting, such as places ofsafety for emergency care, transit centers in emergencysituations, and all other short and long-termresidential care facilities including group homes;

(v) Supervised independent living arrangementsfor children.

(d) With respect to those responsible for alternative care:

(I) Agencies are the public or private bodies and services that organize alternative care for children;

(ii) Facilities are the individual public or privateestablishments that provide residential care forchildren.

The scope of alternative care as foreseen in thepresent Guidelines does not extend, however, to:

(a) Persons under the age of 18 years who are deprivedof their liberty by decision of a judicial or administrativeauthority as a result of being alleged as, accused ofor recognized as having infringed the law

(b) Care by adoptive parents from the moment the childconcerned is effectively placed in their custody pursuantto a final adoption order, as of which moment,

10 Guidelines for the alternative care of childrenfor the purposes of the present Guidelines, the child isconsidered to be in parental care. The Guidelines are,however, applicable to pre-adoption or probationaryplacement of a child with the prospective adoptive parents,as far as they are compatible with requirementsgoverning such placements as stipulated in other relevantinternational instruments;

(c) Informal arrangements whereby a child voluntarilystays with relatives or friends for recreational purposesand reasons not connected with the parents’ general inabilityor unwillingness to provide adequate care.

Competent authorities and others concerned arealso encouraged to make use of the present Guidelines,as applicable, at boarding schools, hospitals, centers forchildren with mental and physical disabilities or otherspecial needs, camps, the workplace and other placeswhich may be responsible for the care of children.

PREVENTINGTHE NEED FORALTERNATIVE CARE

A. Promoting parental care

Government should pursue policies that ensure support forfamilies in meeting their responsibilities towards thechild and promote the right of the child to have a relationshipwith both parents. These policies should address the root causes of child abandonment, relinquishmentand separation of the child from his/her family by ensuring,inter alia, the right to birth registration, and access

to adequate housing and to basic health, education andsocial welfare services, as well as by promoting measuresto combat poverty, discrimination, marginalization,stigmatization, violence, child maltreatment and sexualabuse, and substance abuse.

Government should develop and implement consistent andmutually reinforcing family-oriented policies designedto promote and strengthen parents’ ability to care fortheir children.