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Adequacy of resources of the protection system to the needs of children

Adequacy of resources of the protection system to the needs of children. International legal framework.

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Adequacy of resources of the protection system to the needs of children

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  1. Adequacy of resources of the protection system to the needs of children

  2. International legal framework • The UN Convention on the rights of the child states that 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. • The protection of children and young people deprived of their family must guarantee the fulfilment of other rights that the UN Convention acknowledges to children, mainly the right to be heard, the right to a periodic review of the placement provided and the right that in all actions concerning children the best interest of the child shall be a primary consideration.

  3. Catalan framework In Catalonia, the Law 14/2010, on the rights and opportunities of children and young people, states the measures of protection of children deprived of their families (foster families, foster home centres, pre-adoptive families, etc.) and sets out that placement in foster families shall be preferable to foster home centres. In the case of Catalonia, family foster care has low prevalence although it has been a growing trend during the last decade: nowadays, in relative terms, there are still more children placed in foster home centres than in foster families (from 30 to 38,3%). The shortage of foster families causes that children with a foster family placement proposal be placed in a foster home centre instead. There is also a shortage of foster home centres suitable to children and young people with specific needs.

  4. Shortcomings (1/4) (1) The underuse of emergency/diagnose family foster placement, which should be used replacing foster care centres, while the situation of the child is being analysed and studied and the best placement for the child is determined. This kind of family foster placement is very positive from the children's rights perspective because it is an alternative for infants and young children (from 0 to 3) who have to be separated from their families while their situation is analysed and studied.

  5. Shortcomings (2/4) (2) The shortage of foster families leads to an overuse of placement in foster care centres and family foster care is subsidiary, despite the legal provisions. So this shortage of families leads the children to be placed in centres during long time, although this placement is not the one assigned to them in the first place. The Catalan Ombudsman has verified that a high number of children living in centres were assigned a family foster care placement.There is also a high number of infants and very young children living in centres, although the best placement to meet these children's needs is in a foster family. It is lacking a policy of promotion of family foster care.

  6. Shortcomings (3/4) (3) The lack of implementation of professional family foster care, specially aimed at fostering disabled children or those with special needs. The shortage of these professional foster families makes it even harder for disabled children or for children with special needs or behaviour disorders to be placed in a suitable foster family. Although this type of professional foster families is set out in the Law 14/2014, it has not been developed nor implemented.

  7. Shortcomings (4/4) (4) The lack of diversified residential resources suitable for children/young people with different needs. There is a shortage of high support units for young people with serious personal and family troubles. Sometimes this situation results in the escape of children from general foster care centres. These children often miss their placement and their only chance to be able to develop themselves and get prepared for adult life. It is also lacking specialized resources aimed at taking care of children and young people with drug addictions. Nowadays children with drug problems are referred to private facilities that operate outside the legal framework set out for the protection of children.

  8. Catalan Ombudsman Recommendations (1/2) • To promote family foster care by means of informative and awareness campaigns, so every child needing this placement can be provided with it. • To encourage emergency and diagnosis family foster care so that infants and very young children (0 to 6) do not end up in foster care centres. • To implement an emergency plan to progressively eliminate residential placements for children under 6. • To stimulate the professionalization of foster families by means of specialized training and the establishment of contract terms.

  9. Catalan Ombudsman Recommendations (2/2) • To establish precisely which child profile can be taken care of in each type of foster care centre so there is a fully correspondence between the placement assigned and the centre eventually taking care of the child. • To create more high support centres, therapeutic centres and general foster care centres specialized in taking care of children and young people with drug problems.

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