REF001 |
Formal Care Indicators (FCI): Indicator 4, (Core) Page 12 |
REF002 |
FCI: Indicator 8, Page 16; Indicator 13, Page 21 |
REF003 |
FCI: Indicator 15, Page 23 |
REF004 |
FCI: Indicator 4, (Core) Page 12 |
REF005 |
FCI: Indicator 3, (Core) Page 11 |
REF006 |
Guideline(s): 6, 7, 40, 49, 57, 64, 65, 67, 94, 98, 99, 104, 132
Moving Forward: "The Guidelines are underpinned by a commitment to children’s right to be heard in matters that affect them in line with Article 12 of the Convention on the Rights of the Child (CRC). This is a General Principle of the Guidelines which should be reflected in all policy and practice related to alternative care" (p26)
FCI: Indicator 7, Page 15; Indicator 9, Page 17; Indicator 13, page 21; Indicator 14, Page 22; Policy Analysis Tool 1; Policy Analysis Tool 2 |
REF007 |
Guideline(s): 23
Moving Forward: "... the Guidelines ... call on each State to draw up its own strategy for progressively de-institutionalising its alternative care system - rather than proposing an outright ban on institutions ... the priority should be to prevent the future need for, and recourse to, alternative care and to develop a range of non-institutional options when such as care is required. Special attention has to be paid to fully include children with disabilities and other special needs in each State’s strategy - in practice, they have generally been the last to benefit’" (p43). |
REF008 |
Guideline(s): 71, 84, 87, 89, 90, 106, 107, 113-117
Moving Forward: ‘Ensuring high quality recruitment, selection, training, employment, supervision, support and registration of formal carers (§71) helps to ensure that people caring for children have the skills, knowledge, qualities and values required to effectively meet the wide ranging needs of the children in their care’. (p88-89). |
REF009 |
FCI: Indicator 13, page 21; Policy Analysis Tool 1 Q1 |
REF010 |
Guideline(s): 32, 32, 33, 34, 35, 36, 37, 38
Moving Forward: The secondary level of prevention ‘is targeted at individuals and families (and sometimes groups) who are identified or have declared themselves as being vulnerable, and for whom, for whatever reason, primary prevention measures have proved inadequate’ (p53) |
REF011 |
FCI: Indicator 11, Page 19 |
REF012 |
Guideline(s): 9, 10, 34b, 38
Moving Forward: ‘National policy and services should provide support to children, and their families and carers to prevent children with disabilities and other special needs being placed in alternative care where they could live with their families’. See Implications for Policy-making: Supporting the rights and needs of children with disabilities and other special needs, p37. |
REF013 |
Guideline(s): 8
Moving Forward: The Guidelines (§8) highlight the importance of a national framework for supporting, protection and caring for children. See Implications for Policy-making: Providing the policy framework for alternative care, p47)
FCI: Indicator 13, page 21; Policy Analysis Tool 1 |
REF014 |
CRC: Article 19 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. |
REF015 |
Guideline(s): 6, 7, 40, 49, 57, 64, 65, 67, 94, 98, 99, 104, 132
Moving Forward: The Guidelines are underpinned by a commitment to children’s right to be heard in matters that affect them in line with Article 2 of the CRC. This is a General Principle of the Guidelines which should be reflected in all policy and practice related to alternative care’. See Participation of children and young people in care decisions and care settings, (p26-28). |
REF016 |
FCI: Indicator 13, Page 21: Existence of legal and policy framework for formal care; Policy Analysis Tool 1, pages 54-58 |
REF017 |
Guideline(s): 20, 24, 25, 108
Moving Forward: ‘The Guidelines recognise that each State will have different economic conditions but emphasise that each State should provide finance to alternative care which is to the ‘maximum extent’ of the resources they can make available’ (p106). |
REF018 |
FCI: Indicator 13, page 21; Policy Analysis Tool 1 Q1.7, Q2.4 |
REF019 |
FCI: Indicator 13, page 21 |
REF020 |
Guideline(s): 19, 21, 54, 55, 57, 69
Moving Forward: Gatekeeping involves a systematic, recognised process. Firstly, to determine whether a child needs to be placed in an alternative care setting. Then, to either refer the child and his/her family to appropriate forms of family support and other services. Finally, to decide from the available range, which is the alternative care arrangement that best corresponds to the child’s situation.’ (p68)
See Gatekeeping: Developing procedures to screen referrals, assess need and authorise placement, p68-69. |
REF021 |
FCI: Indicator 8, Page 16
United Nations Convention on the Rights of the Child (UNCRC): General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1) |
REF022 |
FCI: Indicator 8, Page 16: Use of assessment on entry to formal care (gatekeeping) |
REF023 |
FCI: Indicator 13, Page 21: Existence of legal and policy framework for formal care |
REF024 |
FCI: Indicator 13, Page 21: Existence of legal and policy framework for formal care |
REF025 |
Guideline(s): 47. Any decision to remove a child against the will of his/her parents must be made by competent authorities, in accordance with applicable law and procedures and subject to judicial review, the parents being assured the right of appeal and access to appropriate legal representation.
Moving Forward: "Child participation’ is inexorably linked to consultation with the child’s family, appointed representative and/or other persons they see as important and trusted. This point is emphasised frequently in the Guidelines." (p26)
FCI: Indicator 13, Page 21: Existence of legal and policy framework for formal care
UNCRC: Article 9. 1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child’s place of residence. |
REF026 |
Guideline(s): 80, 95
Moving Forward: "The Guidelines pay specific attention to avoiding the stigmatisation of children in alternative care settings". (p84) |
REF027 |
FCI: Indicator 13, Page 21: Existence of legal and policy framework for formal care |
REF028 |
FCI: Indicator 13, Page 21: Existence of legal and policy framework for formal care |
REF029 |
Guideline(s): 17
Moving Forward: ‘As a general rule, siblings should not be separated from each other in care placements unless there are compelling reasons for doing so. These reasons must always be in the best interests of any of the children concerned (§17).’ (p38) |
REF030 |
Guideline(s): 64, 65, 66
Moving Forward: Decision-making…’should involve full consultation at all stages with the child, according to his/her evolving capacities and with his/her parents or legal guardians’ (p57)
FCI: Indicator 9, Page 17: Review of placement; Indicator 13, Page 21: Existence of legal and policy framework for formal care; Policy Analysis Tool 1 Q1.8, page 55 |
REF031 |
Guideline(s): 19, 57, 58, 59, 60
Moving Forward: ‘Gatekeeping involves a systematic, recognised process. Firstly, to determine whether a child needs to be placed in an alternative care setting. Then to either refer the child and his/her family to appropriate forms of family support and other services. Finally to decide from the available range which is the alternative care arrangement that best corresponds to the child’s situation.’ (p68) |
REF032 |
FCI: Indicator 9, Page 17; Indicator 13, page 21; Policy Analysis Tool 1 Q1.8 |
REF033 |
Guideline(s): 67
‘States should ensure the right of any children who has been placed in temporary care to regular and thorough review - preferably at least every three months - of the appropriateness of his/her care and treatment, taking into account, notably, his/her family environment, and the adequacy and necessity of the current placement in these circumstances. The review should be carried out by duly qualified and authorized persons, and should fully involve the child and all relevant person’s in the child’s life’.
FCI: Indicator 9, Page 17: Review of placement |
REF034 |
FCI: Indicator 9, Page 17: Review of placement; Indicator 13, Page 21: Existence of legal and policy framework for formal care; Policy Analysis Tool 1 Q3.4, page 57 |
REF035 |
Guideline(s): 59
The resulting initial and review reports should be used as essential tools for planning decisions from the time of their acceptance by the competent authorities onwards, with a view to, inter alia, avoiding undue disruption and contradictory decisions’
FCI: FCI: Indicator 7, Page 15: Existence of individual care plans |
REF036 |
FCI: Indicator 13, Page 21: Existence of legal and policy framework for formal care |
REF037 |
Guideline(s): Preparation for leave care and after care, paras 131-136; Promoting sustainable reintegration of children into their family from an alternative care setting (2.a, 3, 14-15, 49-52, 60, 123, 166-167
Moving Forward: ‘As well as highlighting the need to plan for a child’s return to his/her family after a period in alternative care, the Guidelines also deal with preparing for the transition of children or young people from the alternative care systems to independent living (§131-136)’. (Moving Forward, p98)
See Preparation for leaving care and aftercare support, Moving Forward, p98—101 and Promoting sustainable reintegration of children in their family from an alternative care settings, (p63) |
REF038 |
FCI: Indicator 13, Page 21: Existence of legal and policy framework for formal care |
REF039 |
Guideline(s): 49
In order to prepare and support the child and the family for his/her possible return to the family, his/her situation should be assessed by a duly designated individual or team with access to multidisciplinary advice, in consultation with the different actors involved (the child, the family, the alternative caregiver), so as to decide whether the reintegration of the child in the family is possible and in the best interests of the child, which steps this would involve and under whose supervision’. |
REF040 |
Guideline(s): 52
‘Once decided, the reintegration of the child in his/her family should be designed as a gradual and supervised process, accompanied by follow-up and support measures that take account of the child’s age, needs and evolving capacities, as well as the cause of the separation’.
FCI: Indicator 13, Page 21: Existence of legal and policy framework for formal care |
REF041 |
Guideline(s): 51
‘Regular and appropriate contact between the child and his/her family specifically for the purpose of reintegration should be developed, supported and monitored by the competent body’. |
REF042 |
Moving Forward: ‘To help reduce the challenges of independent living, it is very important that young people are not disadvantaged by being ‘cast adrift’ from alternative care at an earlier age than their peers usually leave the family home. Instead, and if they so wish, children and young people should be allowed, encouraged and enabled to remain in touch with, or in the case of, foster parents or other caregivers after ‘ageing out’ of the system’ (Moving Forward, p99) |
REF043 |
Guideline(s): 131
‘Agencies and facilities should have a clear policy and should carry out agreed procedures relating to the planned and unplanned conclusion of their work with children to ensure appropriate aftercare and/or follow-up. Throughout the period of care, they should systematically aim at preparing children to assume self-reliance and to integrate fully in the community, notably through the acquisition of social and life skills, which are fostered by participation in the life of the local community’ |
REF044 |
Guideline(s): 134
‘Aftercare should be prepared as early as possible in the placement and, in any case, well before the child leaves the care setting’. |
REF045 |
Guideline(s): 135
‘Ongoing educational and vocational training opportunities should be imparted as part of life skills education to young people leaving care in order to help them to become financially independent and generate their own income’ . |
REF046 |
Guideline(s): 136
‘Access to social, legal and health services together with appropriate financial support, should also be provided to young people leaving care and during aftercare’ |
REF047 |
Guideline(s): 132
Moving Forward: ‘… Children with special needs, such as disabilities, should benefit from Guidelines 132
FCI: Indicator 9, Page 17: Review of placement |
REF048 |
Guideline(s): 60
Moving Forward: ‘... the Guidelines indicate that a wide range of informal and formal care options, in addition to returning to the parental home wherever possible, can constitute potential solutions for ‘permanency’ if they meet those conditions’ (p72)
FCI: Indicator 12, Page 20: Adoption rate |
REF049 |
Guideline(s): 56, 76-79
Moving Forward: The draft of the Guidelines agreed that a clear distinction had to be made between State responsibilities in the case of an informal setting and those in ‘formal care’ situations (p77) |
REF050 |
Moving Forward: ‘...it is desirable that children’s whereabouts are known to the competent services so they are in a position to offer protection and support as required’ (Moving Forward, p77) |
REF051 |
Moving Forward: ‘There are instances where formalising a well-established and successful informal care arrangements can be beneficial to all concerned, The Guidelines encourage informal carers to consider doing this if all parties agree and if such a move corresponds to the best interests of the child in the longer term (§56)’ Moving Forward, p77 |
REF052 |
Guideline(s): 37
Moving Forward: The Guidelines are’ in favour of enabling children to remain as a household with their rights safeguarded (§37). Of course, this is conditional on the household head being able to play that role and wanting to do so.’ (p51) |
REF053 |
Guideline(s): 105-117
Moving Forward: The Guidelines, (§105-117) provide ‘a detailed review of general requirements to be made of care providers, some of which are referred to earlier in the Guidelines.’ (p88) |
REF054 |
Guideline(s): 98, 99
Moving Forward: The Guidelines ‘recognise the need for children in alternative care to be able, without fear of retribution, to express concerns about their situation or treatment by confiding in a person they can trust (§98), and by having access to an effective complaints mechanism (§99). Young people with experience of alternative care should be invited to play a role in the complaints process’ (p80). |
REF055 |
Guideline(s): 96, 97
Moving Forward: ‘The Guidelines recall that international law prohibits the use of discipline or behaviour management which constitutes ‘torture, cruel inhuman or degrading treatment’ (§96). In addition, the Guidelines place severe restrictions on the use of force and restraints (§97), and the prohibition of all treatment that may compromise a child’s physical or mental health.’ (p85)
FCI: Indicator 13, page 21 |
REF056 |
Guideline(s): 97. Use of force and restraints of whatever nature should not be authorized unless strictly necessary for safeguarding the child’s or others’ physical or psychological integrity, in conformity with the law and in a reasonable and proportionate manner and with respect for the fundamental rights of the child. Restraint by means of drugs and medication should be based on therapeutic needs and should never be employed without evaluation and prescription by a specialist.
FCI: Indicator 14, Page 22
|
REF057 |
Guideline(s): 71, 84, 87, 89, 90, 106, 107, 113-117
Moving Forward: ‘The Guidelines highlight the importance of positive working conditions (§114) and appropriate training for staff (§115), including how to deal with challenging behaviour (§116) and how to respond to children with special needs (§117)’. See Setting stands for staffing formal care services and facilities. (p88) |
REF058 |
FCI: Indicator 11, Page 19: Staff qualifications |
REF059 |
Guideline(s): 126
‘States should ensure that there is sufficient care in residential care settings to allow individualized attention and to give the child, where appropriate, the opportunity to bond with a specific carer. Carers should also be deployed within the care setting in such a way as to implement effectively its aims and objectives and ensure child protection’. |
REF060 |
Guideline(s): 20, 55, 71, 73, 105, 128, 129
Moving Forward: The Guidelines pay ‘particular attention to emphasising the requirements for authorisation and inspection.’ (Moving Forward, p109)
See Developing reliable and accountable licensing and inspection systems, (p109-110) |
REF061 |
Guideline(s): 55, 105
Moving Forward: ‘Authorisation of all entities and persons providing care is to be granted by ‘social welfare services or another competent authority’ (§105) on the basis of an established set of criteria for assessing a provider’s fitness to operate (§55)’. (p109)
FCI: Indicator 15, Page 23: Existence of system for registration and regulation |
REF062 |
FCI: Indicator 15, Page 23: Existence of system for registration and regulation |
REF063 |
Guideline(s): 55, 105, 128, 129
Moving Forward: ‘Inspection: every initial authorisation to provide alternative care is to be subject to ‘regular monitoring and review’ by the competent authority.’ (p108-109) |
REF064 |
FCI: Indicator 15, Page 23: Existence of system for registration and regulation |
REF065 |
FCI: Indicator 15, Page 23: Existence of system for registration and regulation |
REF066 |
FCI: Indicator 15, Page 23: Existence of system for registration and regulation |
REF067 |
FCI: ndicator 15, Page 23: Existence of system for registration and regulation |
REF068 |
FCI: Indicator 14, Page 22: Existence of complaints mechanisms for children in formal care |
REF069 |
FCI: Indicator 15, Page 23: Existence of system for registration and regulation |
REF070 |
Moving Forward: Along with meeting general minimum standards, the care setting should be selected with the one that best meets the child’s needs at the time. ‘It also implies that a range of family-based and other care settings are in place, so that a real choice exists, and that there is a recognised and systematic procedure for determining which is more appropriate (‘gatekeeping’). (p22-25) |
REF071 |
Moving Forward: ‘The national collection and analysis of data and sound information is essential for developing an evidence-based approach to policy and service development.’ (Moving Forward, p79).
FCI: Indicator 4, (Core) Page 12: Ratio of children in residential versus family-based care |
REF072 |
Guideline(s): 53, 54, 69, 75, 76, 118-122
Moving Forward: ‘Among the range of alternative care options required to ensure the availability of care settings that can respond to the different needs and circumstances of each child (§54), priority is to be given to promoting ‘family and community based solutions’ (§53). These may be formal, customary or informal (§69, 75,76).’ (p91-92) |
REF073 |
FCI: IIndicator 4, (Core) Page 12: Ratio of children in residential versus family-based care |
REF074 |
FCI: Indicator 2, (Core) Page 10: Children living in formal care |
REF075 |
FCI: Indicator 1, (Core) Page 9: Children entering formal care |
REF076 |
Moving Forward: Regarding the requirements to be met by residential care providers, the Guidelines stipulate that the facilities should be small, and organised to resemble, as far as possible, a family-type or small-group situation.’ (p94-95) |
REF077 |
FCI: Indicator 2, (Core) Page 10: Children living in formal care |
REF078 |
FCI: Indicator 13, Page 21: Existence of legal and policy framework for formal care |
REF079 |
Guideline(s): 22
Moving Forward: The Guidelines (§2) emphasise that children aged under three should be placed in family-based settings, recognising that there may be some exceptions for short-term placements. See Placement of children aged 0-3 years in family-based settings and Implications for Policy-making (p39-40). |
REF080 |
Guideline(s): 21, 23, 123-127
Moving Forward: ‘... the drafters of the Guidelines opted, in §23 to call on each state to draw up its own strategy progressively de-institutionalising its alternative care system- rather than proposing an outright ban on institutions’. See Strategies for de-institutionalising the care system and Implications for Policy-making, Moving Forward, (p43-44). |
REF081 |
FCI: Indicator 2, (Core) Page 10: Children living in formal care; FCI: Indicator 4, (Core) Page 12: Ratio of children in residential versus family-based care |
REF082 |
Guideline(s): 137-152
Moving Forward: ‘The Guidelines use the term ‘country of habitual residence (§137, 140) to ensure that the criterion for application of these provisions is based on the place where the child has been voluntarily living to date.’ (p114).
See Implications for Policy-Making: Providing care for children outside their country of habitual residence, (p116) |
REF083 |
Guideline(s): 140-152
Moving Forward: ‘In contrast to planned formal or informal care provision abroad, this sub-section (§140-152) deals with the most common need to ensure alternative care for an unaccompanied or separated child who is outside his/her country of habitual residence, It covers children in a wide range of situations, including refugees and asylum seekers, irregular migrants, and victims of trafficking, abduction or other forms of forced migration’ (p115) |
REF084 |
Guideline(s): 142
Moving Forward: ‘The Guidelines require that alternative care provision in these cases take account of each child’s characteristics and also of their individual experience (§142)’. (p115) |
REF085 |
FCI: Indicator 13, Page 21: Existence of legal and policy framework for formal care |
REF086 |
Guideline(s): 153-167
Moving Forward: ‘While the Guidelines as a whole apply in situations of national or man-made disasters (§153), specific concerns also have to be addressed regarding the alternative care of children in such circumstances’
See Providing alternative care in emergency situations, Moving Forward, (p117-118). |
REF087 |
FCI: Indicator 13, Page 21: Existence of legal and policy framework for formal care |
REF088 |
FCI: Indicator 13, Page 21: Existence of legal and policy framework for formal care |
REF089 |
FCI: Indicator 13, page 21 |
REF090 |
FCI: Indicator 13, Page 21: Existence of legal and policy framework for formal care |
REF091 |
Guideline(s): 96. All disciplinary measures and behaviour management constituting torture, cruel, inhuman or degrading treatment, including closed or solitary confinement or any other forms of physical or psychological violence that are likely to compromise the physical or mental health of the child, must be strictly prohibited in conformity with international human rights law. States must take all necessary measures to prevent such practices and ensure that they are punishable by law. Restriction of contact with members of the child’s family and other persons of special importance to the child should never be used as a sanction. |
REF092 |
Guideline(s): 100. To promote the child’s sense of self-identity, a life story book comprising appropriate information, pictures, personal objects and mementoes regarding each step of the child’s life should be maintained with the child’s participation and made available to the child throughout his/her life. |
