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The work of Nidos Working process in relation to UMA’s and Dublin

The work of Nidos Working process in relation to UMA’s and Dublin. Introduction Speaker: Germa Lourens, guardian and Dublin official at Nidos Summary Nidos as the legal guardian for UMA’s in the Netherlands; Nidos’ role in Dublincases; Concrete cases;

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The work of Nidos Working process in relation to UMA’s and Dublin

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  1. The work of Nidos Working process in relation to UMA’s and Dublin

  2. Introduction • Speaker: Germa Lourens, guardianand Dublin official at Nidos • Summary • Nidos as the legalguardianforUMA’s in the Netherlands; • Nidos’ role in Dublincases; • Concrete cases; • Conclusionsandrecommendations.

  3. Nidos as the legal guardian • One organization for guardianship for UMA’s in the Netherlands; • Nidos is appointed as guardian by the Juvenile Court; • Guardianship is immediately organized upon arrival of an UMA in the Netherlands; • Nidos is a professional organization - all guardians have a Bachelor degree in Social Work

  4. Head office in Utrecht; • Seven regional offices; • Five special teams.

  5. Different guardianship measures Several measures: • (temporary) guardianship for UMA’s; • Provisional guardianship for children with parents; • Family guardianship. These measures are laid down in the Dutch Civil Code.

  6. Mission of the guardian The duty of the guardian is: • Give the interest of the child the highest priority; • Assisting an UMA towards independency; • Intervene when the development of the child is threatened in any way.

  7. Accommodation for UMA’s • Foster family; (roughly 0 – 14 years); • Process Reception Location (roughly > 14); • Protected shelter (victims of trafficking).

  8. Special attention for Dublin • Why? • Experiences of UMA’s in other EU MS; • Nidos’ obligation to transfer the guardianship to another guardian based on the Dutch Civil Code.

  9. Nidos’ role in Dublin-cases • Obligation to transfer the guardianship (based on the Civil Code); • Investigating the actual situation after a transfer (guardianship and accommodation); • Sometimes resisting a transfer if there are no guarantees; • “Dublin-pool” with lawyers and psychologists.

  10. Family reunificationunder the Dublin Regulation • Working closely together with the Dutch authorities (IND, unit Dublin); • Role of Nidos in relation to UMA’s with family members elsewhere; • Role of the IND in these cases; • Nidos transfers the relevant information about the development of a child.

  11. Concrete cases: Sixteen year old Afghan boy with a brother in Norway; One year old twins in Greece.

  12. European project: “Dublin support forguardians” • Project with France Terre D’Asile and Caritas Belgium; • Aims to provide concrete information for guardians; • Nidos provides with a helpdesk for guardians from other EU MS.

  13. Observations so far • Different interpretation of the judgment MA & others; • Tracing (art 6-4 Dublin III); • Individual assessment.

  14. Challenges • Little time for assessing the child’s best interest; • No judicial review by radically decisions; • No legal remedy by a rejection on a request based on 8-1 or 8-2 Dublin III; • Dilemma’s in cases of reunification concerning minors with family members in EU MS like for example Italy.

  15. Thank you for your attention !

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