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Foster care for unaccompanied migrant children

Enhance understanding of migration drivers, legal frameworks, and care systems for unaccompanied migrant children. Identify needs, support networks, and develop foster care systems. Course covers experiences, support, recruitment, and monitoring.

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Foster care for unaccompanied migrant children

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  1. Foster care for unaccompanied migrant children

  2. Introduction

  3. Things to remember

  4. Course outline • Introduction • Module 1a: Experiences of unaccompanied migrant children • Module 1b: Systems of care for unaccompanied children • Module 2: Building knowledge and skills to care for unaccompanied children • Module 3a: Identifying networks of support and forms of professional partnership • Module 3b: Recruitment and assessment of foster carers; Matching of foster carers and children • Module 3c: Training, retention and monitoring

  5. Course aims – 1 By the end of the course, professionals will have: • An improved understanding of the drivers of migration and experiences of unaccompanied migrant children • An understanding of the existing international and domestic legal framework covering the treatment and protection of unaccompanied migrant children • A knowledge of the different system of care for unaccompanied children and the benefits and challenges of foster care

  6. Course aims – 2 • An understanding of the specific needs of unaccompanied children and how this group can be best supported emotionally and practically • An understanding of how to identify networks of support and forms of professional partnership • An understanding of how a system of foster care can be developed in their country, including recruiting, assessing, matching and supporting foster carers. • The tools needed to develop the system of care currently available in their country.

  7. EXERCISE 1

  8. Module 1a Experiences of unaccompanied migrant children

  9. Who are unaccompanied migrant children (UAM)? • What do we mean by ‘unaccompanied’? “Children (aged under 18) who …have been separated from both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so.” Para 7, General Comment No. 6 (2005), Treatment of unaccompanied and separated children outside their country of origin, at http://www2.ohchr.org/english/bodies/crc/docs/GC6.pdf • What do we mean by ‘migrant’?

  10. EXERCISE 2

  11. Who are unaccompanied migrant children (UAM)? “If I had a choice I would choose to stay with my own family and would choose for no war between Ethiopia and Eritrea. But you don’t choose what happens in things like that.” Melake, 14 year old boy from Eritrea “I was sent because of the war – I did not choose to be a refugee” Aslem, 17 year old boy from Afghanistan

  12. Who are unaccompanied migrant children (UAM)? - 1 • In 2017, 31,4000 unaccompanied children applied for international protection in the European Union (15% of all asylum applicants) • Nearly ½ the number recorded in 2016, but 2.5 x higher than average in 2008-2013 (Source: Eurostat) • Pushed by civil war & terror, hundreds of thousands have fled Middle East and Africa.

  13. Who are unaccompanied migrant children (UAM)? – 2 • Thousands more unaccompanied children are in Europe but may not have applied for asylum – limited statistics on this group “the term 'children in migration' covers all third country national children who migrate from their country of origin to and within the territory of the EU in search of survival, security, improved standards of living, education, economic opportunities, protection from exploitation and abuse, family reunification or a combination of these factors…” European Commission, ‘The protection of children in migration – General Background paper’, 2016

  14. Who are unaccompanied migrant children (UAM)? - 3 • In 2017, the majority of unaccompanied children seeking asylum were male (89%) • Majority aged 16-17 • Top countries of origin: • Afghanistan (17%) • Eritrea (10%) • Gambia (8%) • Guinea (7%) • Pakistan (6%) • Syria (6%)

  15. Why do UAM come to the EU? • To escape wars and conflicts, natural catastrophes, discrimination or persecution of serious harm (international protection needs) • In the expectation of a better life (economic or aspirational reasons) • To join family members • As victims of trafficking e.g. sexual exploitation or forced labour

  16. Protection in international law 1951 Refugee Convention: • Refugee = person who ‘owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country’ • Asylum-seeker = applying to be recognised as refugee

  17. Protection in international law International law that might determine whether a migrant children can remain in a country include human rights law considerations, such as: • protection of private and family life (under Article 8 of the European Convention on Human Rights), • the need for the best interests of the child to be a primary consideration (Article 3 of the UN Convention on the Rights of the Child) • medical and health conditions as interpreted by the European Court of Human Rights (ECtHR). 

  18. Protection in international law UN Convention on the Rights of the Child: 1. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State. 2. States Parties shall in accordance with their national laws ensure alternative care for such a child. 3. Such care could include, inter alia, foster placement, kafala of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background. (Article 20)

  19. Protection in international law Examples at EU level: • The EU Agenda on the Rights of the Child (2006); EU Action Plan on Unaccompanied Minors (2010-2014); European Commission Communication on the protection of children in migration (2017) • Recast Asylum Procedures Directive - aims at fairer, quicker and better quality asylum decisions • Recast Qualification Directive - aims to clarify the grounds for granting international protection • Recast Reception Conditions Directive - aims to ensure that reception conditions are adapted to the specific situation of children, whether unaccompanied or within families, with due regard to their security, physical and emotional care.

  20. Challenges facing UAM • Displacement, loss of family, abuse and persecution. • Confusing & lengthy immigration/ asylum process • Re-traumatisation from having to repeat story • Disputes over age • Emotional/mental health problems • Social isolation, discrimination and racism • Living in limbo, inability to plan for the future • Difficulties in accessing mainstream services, e.g. healthcare, education • Lack of adequate accommodation and support • Lack of employment opportunities/integration support

  21. Module 1b Systems of care for unaccompanied children

  22. What we are talking about • Foster care • Residential care • (Legal) guardianship • Kinship care • Reception families

  23. Foster care • A system in which a child has been placed into a ward, residential child care community or private home of a state-certified caregiver, referred to as a "foster parent“, or with a family member approved by the state. • The placement of the child is normally arranged through the government or a social service agency. The child care communities or the foster parents are compensated for expenses unless with a family member. • The State, via the Juvenile/family court and child protective services agency, stand in loco parentis to the minor, making all legal decisions, while the foster parent is responsible for the day-to-day care of the minor.

  24. Residential care • Residential care refers to medium/long-term care given to children who stay in a residential setting rather than in their family home. • There are various residential care options available, depending on the needs of the child. • If home-based care is not available or not appropriate for the child, residential care must be required.

  25. Legal guardianship – 1 • Most countries/states have laws that provide that the parents of a child are the legal guardians of that child. Where a minor child's parents are inadequate, disabled or deceased, it may be necessary for a court to appoint a guardian. • Courts generally have the power to appoint a guardian for a child in need of special protection. A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian. A person may also be appointed as a special guardian, having limited powers over the interests of the ward. • Depending on the jurisdiction, a legal guardian may be called a "conservator”, "custodian", or curator. Some jurisdictions provide for public guardianship programs serving special need children. • A guardian is a fiduciary and is held to a very high standard of care in exercising his or her powers.

  26. Legal guardianship – 2 • In some countries, “guardians ad litem” are not the same as "legal guardians" and are often appointed in under-age-children cases, many times to represent the interests of the children. • They are the voice of the child and may represent the child in court, with many judges adhering to any recommendation given by these guardian. • They may assist where a child is removed from a hostile environment and custody given to the relevant state or county family services agency, and in those cases assists in the protection of the child. • In Italy, for the Unaccompanied migrant children have been appointed the “voluntary guardian”, with the same responsibilities of the guardian ad litem.

  27. Kinship care • Kinship care is the raising of children by grandparents, or other extended family members, or adults with whom they have a close family-like relationship such as godparents and close family friends, because biological parents are unable to do so for whatever reason. Legal custody of a child may or may not be involved, and the child may be related by blood, marriage or adoption. • This arrangement is also known as "kincare" or "relative care“. • It is less costly than formal foster care and keeps many children out of the foster care system. "Grandfamily" is a recently coined term in the United States that refers to families engaged in kinship care.

  28. Reception families • Practices that make use of reception provisions within families and not in institutions or in communities. • So far, there are 16 European countries that offer Reception and living in families to unaccompanied migrant children. Most of these have fragmented practices, meaning that public, private or voluntary bodies are involved in the placement of a minor within a family. In practice, this process differs nationally, regionally or locally between states and municipalities.

  29. The focus of this project • Foster care intended as a situation where a minor has been placed into a ward, living in a private home of a state-certified caregiver, referred to as a "foster parent“.

  30. The foster care of unaccompanied children - peculiarities • Main goal of the foster care is providing the child with a proper and safe environment to support his/her development and integration in the host society • The reintegration of the minor into the family of origin is a goal when it’s in the best interest of the child • In many cases they are adolescents, often very close to 18 years old • Specific paths should be implemented

  31. Types of foster care • Family from own network • Unknown family • Ethnic family • Indigenous family To grow, you need a hand

  32. Homocultural foster care • The placement of a unaccompanied child in the foster care of a family belonging to the child’s own culture.

  33. Homocultural foster care The same culture Stability Integration Orientation

  34. Homoculturalfoster care – some risks… Intra-ethnic isolation Failure to grasp opportunities

  35. Hetero-cultural foster care • A foster placement in which families or individual caregivers do not belong to the child’s same ethnic group. • The foster family has to pay attention to cultural and religious background of the child, to improve his/her interests, attitudes, to help him/her in getting into education, improving domestic language, integrating into the community…

  36. Recommendations in EU policy EUROPEAN COMMISSION Brussels, 12.4.2017COM(2017) 211 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL The protection of children in migration • While the use of family-based care/foster care for unaccompanied children has expanded in recent years and proven successful and cost-effective, it is still under-utilized. • Key actions: ensure that a range of alternative care options for unaccompanied children, including foster/family-based care are provided

  37. Module 2 Building knowledge and skills to care for unaccompanied children

  38. Building knowledge and skills This module will focus on: • Specific needs of unaccompanied children • The benefits of foster care and the challenges • Cultural awareness and cultural competence, • Emotional and practical support that can be offered

  39. Pre-migration Experiences Stressors: • Variety of stressors, including those leading to their departure from their country as well as others. E.g. conflict, witnessing traumatic events, death/loss of loved ones, poverty, persecution, experiencing harmful cultural practices. Ordinary life: • Even during severe conflict taking place, people attempt to reclaim aspects of ordinary life – e.g. attending school, playing, eating with family, praying

  40. “It is very painful for me to talk about life. It gives me bad thought”” (‘Junior’ – young person in Scotland, cited in Hopkins & Hill, 2008). ) “She would read me stories, she would, we would play games, cards … eh, we would cook…” (Young person in Ireland talking about his mother, cited in Ní Raghallaigh, 2007)

  41. Migration & Transit • Hazardous journeys, death of loved ones on route, living in precarious situations, lack of food, limited education, at risk of trafficking, exploitation en route, violence, uncertainty….. (Afghan-born young person, cited in Nardone and Correa-Velez, 2015, p. 396). • https://www.youtube.com/watch?v=fxsajk10-SI&feature=youtu.be “The boat journey was quite frightening; we were in the sea for 16 days in a rather small boat. The boat engine failed a few times…..I could sense death with every wave that hit our boat and I knew this is a life or death journey but I also knew that going back was not an option since it would equate to death”

  42. Group discussion • In groups of 3-4, think of a 15 year old whom you know, a native of your own country. • Imagine that young person being forced to flee his or her country of origin, without parents or other family members. • He/she is smuggled to Ethiopia where he or she is brought into the care of a local family by an NGO. • What post-migration challenges might this young person experience as he/she adjusts to life in Ethiopia?

  43. Post-migration experiences - 1 • Young people arriving in Europe can face a myriad of stressors post-migration: • Examples include: Uncertain futures, stressful systems, substandard living conditions, social isolation, discrimination, complications with reunifications with family , fear of deportation, misplacement • Adjusting to new and very different culture (different religion, language & communication patterns, habits) • Multiple examples of loss: Home, identity, culture, loved ones, community, roles, life projects, environmental mastery (Miller et al, 2002), sense of purpose, loss of income.

  44. Post-migration experiences - 2 • Gap between expectations of exile and the reality • As Lunneblad (2017) argues in relation to the integration of refugee children in Sweden,“being in a new context, as many refugees are, and not knowing the day-to-day routines nor even what counts as tactful behavior, can mean being unable to participate in a society on equal terms with others.” (p. 361) • But of course young people have more everyday experiences of adolescence as well: Friendships; schooling; hobbies; family relationships and routines; hopes; ambitions

  45. Post-migration: Acculturation • Acculturation refers to the “cultural and psychological changes that result from the contact between cultural groups, including attitudes and behaviours that are generated” (Berry et al., 2006, p. 3) • Acculturation involves both “cultural shedding” and “cultural learning” (Berry, 2001), • Acculturation attitudes/strategies (Berry 1997) • Assimilation attitude/strategy • Separation attitude/strategy • Integration attitude/strategy • Marginalisation attitude/strategy

  46. Vulnerability • Vulnerability has been defined as: “Diminished capacity of an individual or group to anticipate, cope with, resist and recover from the impact of a natural or man-made hazard. The concept is relative and dynamic. Vulnerability is most often associated with poverty, as it is a major contributor to vulnerability, but it can also arise when people are isolated, insecure and defenceless in the face of risk, shock or stress.” (Red Cross International)

  47. Trauma • “Migration, forced migration and asylum-seeking is associated with psychological trauma in childhood and adolescence. Trauma must be considered within a culture, because it is the cultural context that shapes the life experiences including the ones that are considered traumatic” Elizabeth Batista-Pinto Wiese (2010): Culture and Migration: Psychological Trauma in Children and Adolescents •  Protective factors: Safety and stabilization, multiple stable, protective, competent attachment figures, transnational relationship through photos, letters and technology, creation of narratives, inclusive environment.

  48. Resilience & Coping Resources • Discourses of vulnerability dominate but increasing recognition of the resilience of refugees and asylum seekers • Resilience: Masten (2001) describes resilience as referring to “a class of phenomena characterized by good outcomes in spite of serious threats to adaptation or development” (p. 228) What facilitates resilience amongst UAM? • Social Support, including peers, family and members of same ethnicity, • Passage of time • Religion / Spirituality • Cultural interpretations of experiences • Attitudes (e.g. hope; future orientation; positive outlook) • Avoidance / Suppression & Distraction (hobbies, volunteering, working) • Education • Acting autonomously / independently (Sources: Goodman, 2004; Miller, 2008; Ní Raghallaigh & Gilligan, 2010; Ní Raghallaigh, 2011; Sleijpen et al, 2015; 2017)

  49. Young person in NíRaghallaigh (2013) “You are no longer Mammy’s boy or Daddy’s boy, you know how you grow up, you take care of yourself, you have to learn to live without your parents, you know. Eh, taking your own responsibilities … I’m deal-with-your-own-problems guy. I deal with my own problems”

  50. Building Resilience • In consultation with social worker, foster carer should: • Be led by the child: respect what s/he wants to disclose; be comfortable with silence and with young people who don’t confide • Listen to understand– not judge or make “recommendations” • Give credit for strengths the child demonstrates; while being open to listening to the hurt if the young person wants to talk; • Promote and sustain a climate of hope and possibility, while remaining realistic

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