THE PROTECTION OF THE RIGHTS OF THE CHILD IN CARE SITUATION IN LITHUANIA

1. THE PROTECTION OF THE RIGHTS OF THE CHILD IN CARESITUATION IN LITHUANIA AudroneBedorf Adviser of the Ombudsman for Children of the Republic of Lithuania Office of the Ombudsman for Children of the Republic of Lithuania 3rd Thematic Workshop on the Role of National Human Rights Structure in Protection and Promotion of the Rights of the Child in CareTallinn (Estonia), 6-7 April 2011

2. Office of the Ombudsman for Children of the Republic of Lithuania System of Institutions for Protection of Rights of the Child State (Parliamentary) level Ombudsman for Children Executive level Government Ministry of Social Security and Labour Ministry of Interior Ministry of Justice Ministry of Heath Ministry of Education and Science State Child Rights Protection and Adoption Service Department of Supervision of Social Services Municipal level Child’s Rights Protection Services

3. Municipal level Municipal Child’s Rights Protection Services are closest to the child implement the provisions of the CRC and other legal acts regulating protection of the rights of the child represent and protect children rights and legal interests are responsible for  determination of children in need of care  organisation and supervision of child care irrespectively of the form of guardianship  submission of the proposals concerning improvement of child guardianship Office of the Ombudsman for Children of the Republic of Lithuania

4. Executive level Ministry of Social Security and Labour  shapes and implements a policy of the protection of the rights of the child  ensures the appropriate protection of the rights of the child together with other state and municipal institutions. State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour  organises trainings for guardians and adoptive parents  provides methodical assistance on issues of implementation of children rights protection  co-ordinates the activities of Municipals Child’s Rights Protection Services Department of Supervision of Socials Services under the Ministry of Social Security and Labour  assesses, supervises and controls quality of social assistance, including social care, on the state and municipal levels  administrates social programmes and projects at the state and municipal levels and controls how the allocated funds are used Office of the Ombudsman for Children of the Republic of Lithuania

5. State (Parliamentary) level Ombudsman for Children controls and supervises of the implementation of provisions of international and national legal acts regulating protection of children rights  investigates child rights violation cases  submits proposals to the President, Parliament and Government concerning measures that could improve the protection of children rights The Ombudsman for Children is a state official appointed by the Seimas (Parliament) of the Republic of Lithuania exercising supervision and control of the implementation and protection of the rights of children, investigating the cases of violation of the rights and legitimate interests of children and seeking to improve the situation of children in Lithuania. Office of the Ombudsman for Children of the Republic of Lithuania

6. The protection of the rights of children in guardianship is one of the prioritised Ombudsman’s activities that is exercised through: The investigation of individual cases on child rights violations Ombudsman investigates complaints of individuals and can initiate investigation on his own initiative having obtained the information about violations of child’s rights Visiting institutions and communicating with children, professional working with children and other persons concerned Supervision and analysis of child guardianship system and legal acts regulating it Submission of proposals concerning improvement legal regulation and other measures that could improve the protection of the rights of children in care Office of the Ombudsman for Children made analysis:  on the situation of state and municipal institutions (2005)  on the problems of child guardianship (2005)  on sexual violence against children in institutions (2008)  on the implementation of the principle of non-separation of siblings in guardianship establishment (2008) Office of the Ombudsman for Children of the Republic of Lithuania

7. Investigations of violations of the rights of the child carried out by the Ombudsman for Children Violations of the rights of children in guardianship are between the most frequent violations of children’s rights according the Ombudsman’s investigations. The guardian as person who has violated child rights was mentioned in 11 percent of the Ombudsman’s investigations started in 2010. The guardian was considered being violator of the rights of the child in 6 percent of the Ombudsman’s investigations finished in 2010. 13 percent of the Ombudsman’s investigations started in 2010were because of various violations in the field of child care (activities of guardians, abuse in guardian families or institutions, conditions of living of child in care, etc.) Various violations in the field of child care were found by in 9 percent investigations made by the Ombudsman (activities of guardians, abuse in guardian families or children’s homes, conditions of living of child in care, etc.) in 2010. Office of the Ombudsman for Children of the Republic of Lithuania

8. More than 2000 children are deprived from parental care in Lithuania every year The population of Lithuania was 3 245.0 thousands persons in 2010 There were 636.1 thousands children under 18 in 2010 Office of the Ombudsman for Children of the Republic of Lithuania Children deprived of parental care

9. Office of the Ombudsman for Children of the Republic of Lithuania Forms of child guardianship: Family guardianship Child guardianship in a family shall involve no more than 5 children placed under guardianship in the environment of a natural family (the total number of children in the family including the parents’ natural children may not exceed 5). Social family guardianship A child’s guardianship in a social family is the form of guardianship where a legal person (social family) has under its guardianship 6 or more children (the total number of children in a social family including the parents’ natural children may not exceed 12) in a family environment. Institutional guardianship A child deprived of parental care shall be placed in a public or non-government child guardianship institution where there is no possibility of placing the child under guardianship in a family or a social family. In 2010, 106 children foster care institutions were in Lithuania.

10. Child right to live with parents The separation of child from his parents and his family environment must be as short as possible. Competent institutions must exhaust all measures having the purpose to return child to his biological family. The are different reasons why a child may be separated from his parents. Efficient assistance to the family is one of the main measures in order to return child to his parents. The term of child stay in care must be objectively reasoned. Stay in care for unjustified long term or hasty returning of the child to his family is harmful and damaging for the child and has negative impact on his development. Office of the Ombudsman for Children of the Republic of Lithuania

11. Child right to associate with parents and relatives Child has the right to communicate with parents and relatives, receive information about them, if it is not against interests of the child. There are the examples when guardians violate child right to associate with parents and relatives. Most often the guardian explains such violation in a way, that the decision was taken in regard to the child’s best interest and wishes. However, the real reasons most often are that guardian is no longer interested to return child to his parents for different subjective reasons. The guardian’s are not in favour to contact and strengthen links with child’s family and relatives who actively try to follow child’s conditions in institution; child’s daily life, his relations with personnel and other children, etc. Guardians do not want to be paid attention by the competent authorities to whom the relatives or parents of children may appeal. Office of the Ombudsman for Children of the Republic of Lithuania

12. Child right to associate with parents and relatives An opposite situation Guardian does not object on child’s communication with his family, allows to visit relatives, despite the negative and harmful their influence on the child. Guardian allow the child to return home on weekends or holidays, without having enough information about situation in family, without having assessed if it is safe for a child to go home, if the parents are able to take care of the child properly. When making decision on child’s return to a family (during weekend or holidays) not only the living conditions that may safeguard minimal child’s needs, but also the ability of family members to take proper care of the child during his stay at home should be taken into account. Children rights can be violated when children are allowed by institutions to visit so called “weekend guardians” (people who to apply to foster home with the intention to bring the child to their living place ant to take care of the child on weekends and holidays). Institution is responsible for making decision if to allow a child to visit “weekend guardian” or not, butthe mutual consent of the Municipal Child’s Rights Protection Service and the guardian is very important in order to prevent violations of the rights of the child during his stay at ,,weekend guardian’s” place. Office of the Ombudsman for Children of the Republic of Lithuania

13. Office of the Ombudsman for Children of the Republic of Lithuania Child right to grow in the family-like surrounding, when child’s return to family is not possible If the child is not being returned to his family and is being placed in the institution, it is important to look for best solutions for this child to be adopted or to grow up in the family-like surroundings. Some fear still may be met when institutional guardianship is being replaced by family guardianship form, as such children may be returned back to institution shortly in future. Foster families, social families need professional help dealing with different problems related with children. If the guardian and the child did not receive efficient assistance timely or problem related with the child remains irrespectively to provided assistance, one of the solutions that can be taken by guardians is to withdraw from further guardianship. Child will be placed in the institution again. Biological Family Guardianship Institution Foster / Social Family Foster / Social Family

14. Child right to grow in the in a family-like surrounding, when child’s return to family is not possible The purposeof child guardianship is to ensure the child’s upbringing and care in an environment which would facilitate the child’s growing up, development and progress. Objectives of child guardianship: 1) to appoint for the child a guardian whose duty it will be to take care of the child, bring him up, represent the child and protect his rights and legitimate interests; 2) to provide the child with living conditions which would be adequate for his age, state of health and development level; 3) to prepare the child for independent life in a family and in the society. There are many attempts to make the environment of institution closer to the family-like surroundings. Changes could be more successful if children themselves would be involved in, if their opinion would be heard and appreciated. Children growing up in institutions are saying that they lack knowledge and skills that are necessary for their independent life. There are other problems of protection of the rights of the child that are actual for many countries and none of them solution is easy and simple. Office of the Ombudsman for Children of the Republic of Lithuania

15. THE PROTECTION OF THE RIGHTS OF THE CHILD IN CARE. SITUATION IN LITHUANIA3rd Thematic Workshop on the Role of National Human Rights Structure in Protection and Promotion of the Rights of the Child in CareTallinn (Estonia), 6-7 April 2011 THANK YOU FOR YOUR ATTENTION ! Office of the Ombudsman for Children of the Republic of Lithuania OFFICE OF THE OMBUDSMAN FOR CHILDREN OF THE REPUBLIC OF LITHUANIA Plačioji str. 10, LT-01104 Vilnius, Lithuania Tel./fax: (+370 5) 210 71 76 E- mail: vaikams@lrs.lt http://vaikams.lrs.lt