UN Guidelines en WEB

Guidelines for
the Alternative Care

of Children
A United Nations framework
Crossing borders in service and

support of children and families
2 Guidelines for the alternative care of children
SOS Children’s Villages

INTERNATIONAL
SOS Children’s Villages International is the umbrella or-
ganisation of more than 130 affiliated national SOS Chil-
dren’s Village associations worldwide. SOS Children’s
Villages is a non-governmental and non-denominational
child-focused organisation that provides direct services
in the areas of care, education and health for children at
risk of losing parental care, and those who have lost pa-
rental care. The organisation also builds the capacity of
the children‘s caregivers, their families and communities
to provide adequate care.
SOS Children’s Villages advocates for the rights of chil-

dren without parental care and those at risk of losing pa-
rental care. Founded in 1949, its operations are guided by
the spirit of the UN Convention on the Rights of the Child.
www.sos-childrensvillages.org
International
Social Service (ISS)
International Social Service (ISS) helps individuals,

children and families confronted with social problems
involving two, or more, countries as a consequence of
international migration or displacement. As an interna-
tional not-for-profit organisation established in 1924, it is
active in around 140 countries and provides services to
more than 50’000 persons throughout the world.
ISS has developed a specific competence in the areas of

adoption and, in the broader context, the prevention of the
abandonment, placement, support to families of origin,
the respect of children placed in foster care and in resi-
dential care. www.iss-ssi.org
3
contents
4 FOREWORD
5 PREFACE
GUIDELINES FOR THE ALTERNATIVE CARE OF CHILDREN
6 I. PURPOSE
6 II. GENERAL PRINCIPLES AND PERSPECTIVES
The child and the family
Alternative care
Measures to promote application
10 III. SCOPE OF THE GUIDELINES
11 IV. PREVENTING THE NEED FOR ALTERNATIVE CARE
Promoting parental care
- Preventing family separation
Promoting family reintegration
15 V. FRAMEWORK OF CARE PROVISION
16 VI. DETERMINATION OF THE MOST APPROPRIATE FORM OF CARE
18 VII. PROVISION OF ALTERNATIVE CARE
Policies
- Informal care
- General conditions applying to all forms of formal alternative care arrangements
Legal responsibility for the child
- Agencies and facilities responsible for formal care
- Foster care
Residential care
Inspection and monitoring
Support for after-care
26 VIII. CARE PROVISION FOR CHILDREN OUTSIDE THEIR COUNTRY
OF HABITUAL RESIDENCE
Placement of a child for care abroad
Provision of care for a child already abroad
28 IX. CARE IN EMERGENCY SITUATIONS
Application of the Guidelines
Preventing separation
Care arrangements
Tracing and family reintegration
31 USEFUL LINKS
foreword
Millions of children around the world are without, or at risk of losing, parental care and face significant chal-
lenges in their daily lives which often have long term implications well into adulthood.
Through its work monitoring the United Nations Convention on the Rights of the Child (UNCRC) the UN
Committee on the Rights of the Child came to realise that many of these challenges affecting children and
families were not adequately understood and therefore not taken into account in policy and practice.
This recognition of the gaps between the rights of children and the reality of implementation on the ground
inspired the Committee to hold its 2005 Day of General Discussion on the topic of children without parental
care. As a result of this day, the Committee made a key recommendation calling on the international com-
munity of States, United Nations agencies, NGOs, experts, academics and professional organisations to come
together to develop a set of international standards that would ultimately give expert guidance to States and
other duty-bearers on the implementation of the UNCRC.
The Committee therefore warmly welcomes the important and vital recognition given to the Guidelines for the
Alternative Care of Children by the United Nations General Assembly on the 20th anniversary of the UNCRC
on November 20, 2009. They are the direct result of the call from the Committee in 2005 and of five years of
work including extensive consultation and negotiation.
I would like to thank the government of Brazil for its leadership in convening the Group of Friends and tire-
lessly working towards the recognition of the Guidelines for the Alternative Care of Children. Of course, this
work would not have been possible without the dedicated support from NGOs and other relevant partners, most
notably the Geneva-based NGO Working Group on children without parental care.
I am very happy to express the UN Committee on the Rights of the Child’s sincere hope that the Guidelines for
the Alternative Care of Children will provide invaluable guidance in the implementation of the UNCRC, and
welcome this publication as a first step in the dissemination of the Guidelines.
Prof. Yanghee Lee

Chairperson, UN Committee on the Rights of the Child
Seoul, Korea
November 20, 2009
5
preface
On November 20, 2009, to mark the 20th anniversary of the United Nations Convention on the Rights of the Child
(UNCRC), the United Nations General Assembly formally welcomed the Guidelines for the Alternative Care of
Children. We, SOS Children’s Villages International and International Social Service, welcome this new interna-
tional framework with much enthusiasm. It has the potential to promote children’s rights and improve the lives of
millions of children, their families and communities around the world. With the aim of promoting dissemination
and supporting implementation, this publication introduces the official text of the Guidelines for the Alternative
Care of Children (General Assembly A/RES/64/142) and provides questions for reflection on some of the key
content areas outlined in the Guidelines.
Background
The Guidelines for the Alternative Care of Children were borne from a recognition of significant gaps in
the implementation of the UNCRC for millions of children worldwide either without, or at risk of losing,
parental care. The international community has therefore come together and developed these Guidelines for
the Alternative Care of Children. They are the result of five years of discussions and negotiation between
the UN Committee on the Rights of the Child, governments led by Brazil, UNICEF, experts and academics,
representatives of non-governmental organisations and, last but not least, young people with care experience.
Key principles
The Guidelines for the Alternative Care of Children outline the need for relevant policy and practice with
respect to two basic principles: necessity and appropriateness. At the heart of necessity we find the desire to
support children to remain with, and be cared for by, their family. Removing any child from his/her family
should be a measure of last resort, and before any such decision is taken, a rigorous participatory assessment
is required. Concerning appropriateness, the Guidelines for the Alternative Care of Children define a range of
suitable alternative care options. Each child in need of alternative care has specific requirements with respect
to, for example, short or long-term care or keeping siblings together. The care option chosen has to be tailored
to the individual needs of the child. The suitability of the placement should be regularly reviewed to assess the
continued necessity of providing alternative care, and the viability of potential reunification with the family.
How to use this publication

Included in each section of the Guidelines for the Alternative Care of Children, you will find questions relating
to national policy. While the questions are neither exhaustive, nor part of the official text, they aim at inspiring
reflection on the implementation of the key principles of the Guidelines for the Alternative Care of Children
at the national level. The Guidelines for the Alternative Care of Children will only have a concrete positive
impact on the lives of children, their families and communities if what is written is also done. We commit
ourselves to transforming words into deeds.
Richard Pichler, Secretary-General, Jean Ayoub, Secretary-General,

SOS Children’s Villages International International Social Service
GUIDELINES FOR
THE ALTERNATIVE CARE
OF CHILDREN
I. PURPOSE II. GENERAL PRINCIPLES

AND PERSPECTIVES
1 The present Guidelines are intended to enhance the
implementation of the Convention on the Rights of the A. The child and the family
Child and of relevant provisions of other international
instruments regarding the protection and well-being of 3 The family being the fundamental group of society and
children who are deprived of parental care or who are at the natural environment for the growth, well-being and
risk of being so. protection of children, efforts should primarily be direct-
ed to enabling the child to remain in or return to the care
2 Against the background of these international instru- of his/her parents, or when appropriate, other close fam-
ments and taking account of the developing body of ily members. The State should ensure that families have
knowledge and experience in this sphere, the Guidelines access to forms of support in the caregiving role.
set out desirable orientations for policy and practice.
They are designed for wide dissemination among all sec- 4 Every child and young person should live in a support-
tors directly or indirectly concerned with issues relating ive, protective and caring environment that promotes his/
to alternative care, and seek in particular: her full potential. Children with inadequate or no paren-
(a) To support efforts to keep children in, or return them tal care are at special risk of being denied such a nurtur-
to, the care of their family or, failing this, to find an- ing environment.
other appropriate and permanent solution, including
adoption and kafala of Islamic law; 5 Where the child’s own family is unable, even with ap-
(b) To ensure that, while such permanent solutions are propriate support, to provide adequate care for the child,
being sought, or in cases where they are not possible or abandons or relinquishes the child, the State is respon-
or are not in the best interests of the child, the most sible for protecting the rights of the child and ensuring
suitable forms of alternative care are identified and appropriate alternative care, with or through competent
provided, under conditions that promote the child’s local authorities and duly authorized civil society organi-
full and harmonious development; zations. It is the role of the State, through its competent
(c) To assist and encourage Governments to better im- authorities, to ensure the supervision of the safety, well-
plement their responsibilities and obligations in these being and development of any child placed in alternative
respects, bearing in mind the economic, social and care and the regular review of the appropriateness of the
cultural conditions prevailing in each State; and care arrangement provided.
(d) To guide policies, decisions and activities of all con-
cerned with social protection and child welfare in both 6 All decisions, initiatives and approaches falling within
the public and the private sectors, including civil society. the scope of the present Guidelines should be made on a
7
case-by-case basis, with a view, notably, to ensuring the 10 Special efforts should be made to tackle discrimina-
child’s safety and security, and must be grounded in the tion on the basis of any status of the child or parents,
best interests and rights of the child concerned, in con- including poverty, ethnicity, religion, sex, mental and
formity with the principle of non-discrimination and tak- physical disability, HIV/AIDS or other serious illnesses,
ing due account of the gender perspective. They should whether physical or mental, birth out of wedlock, and
respect fully the child’s right to be consulted and to have socio-economic stigma, and all other statuses and cir-
his/her views duly taken into account in accordance with cumstances that can give rise to relinquishment, aban-
his/her evolving capacities, and on the basis of his/her donment and/or removal of a child.
access to all necessary information. Every effort should
be made to enable such consultation and information pro-
vision to be carried out in the child’s preferred language. B. Alternative care
7 In applying the present Guidelines, determination of 11 All decisions concerning alternative care should take
the best interests of the child shall be designed to identify full account of the desirability, in principle, of maintain-
courses of action for children deprived of parental care, or ing the child as close as possible to his/her habitual place
at risk of being so, that are best suited to satisfying their of residence, in order to facilitate contact and potential
needs and rights, taking into account the full and personal reintegration with his/her family and to minimize disrup-
development of their rights in their family, social and cul- tion of his/her educational, cultural and social life.
tural environment and their status as subjects of rights, both
at the time of the determination and in the longer term. The 12 Decisions regarding children in alternative care, in-
determination process should take account of, inter alia, the cluding those in informal care, should have due regard
right of the child to be heard and to have his/her views taken for the importance of ensuring children a stable home
into account in accordance with his/her age and maturity. and of meeting their basic need for safe and continuous
attachment to their caregivers, with permanency gener-
8 States should develop and implement comprehensive ally being a key goal.
child welfare and protection policies within the frame-
work of their overall social and human development 13 Children must be treated with dignity and respect at
policy, with attention to the improvement of existing all times and must benefit from effective protection from
alternative care provision, reflecting the principles con- abuse, neglect and all forms of exploitation, whether on
tained in the present Guidelines. the part of care providers, peers or third parties, in what-
ever care setting they may find themselves.
9 As part of efforts to prevent the separation of children
from their parents, States should seek to ensure appropri- 14 Removal of a child from the care of the family should
ate and culturally sensitive measures: be seen as a measure of last resort and should, whenever
(a) To support family caregiving environments whose ca- possible, be temporary and for the shortest possible dura-
pacities are limited by factors such as disability, drug tion. Removal decisions should be regularly reviewed and
and alcohol misuse, discrimination against families the child’s return to parental care, once the original caus-
with indigenous or minority backgrounds, and living es of removal have been resolved or have disappeared,
in armed conflict regions or under foreign occupation; should be in the best interests of the child, in keeping
(b) To provide appropriate care and protection for vul- with the assessment foreseen in paragraph 49 below.
nerable children, such as child victims of abuse and
exploitation, abandoned children, children living on 15 Financial and material poverty, or conditions directly
the street, children born out of wedlock, unaccompa- and uniquely imputable to such poverty, should never be the
nied and separated children, internally displaced and only justification for the removal of a child from parental
refugee children, children of migrant workers, children care, for receiving a child into alternative care, or for pre-
of asylum-seekers, or children living with or affected venting his/her reintegration, but should be seen as a signal
by HIV/AIDS and other serious illnesses. for the need to provide appropriate support to the family.
16 Attention must be paid to promoting and safeguard-

THE PRINCIPLE OF NECESSITY ing all other rights of special pertinence to the situation
of children without parental care, including, but not
This principle presents a clear preventative role limited to, access to education, health and other basic
for national policy and the need for resources services, the right to identity, freedom of religion or be-
to ensure supportive social work services that lief, language and protection of property and inheritance
seek to prevent the separation of children from rights.
their families.
17 Siblings with existing bonds should in principle not be
Does national policy.. separated by placements in alternative care unless there
is a clear risk of abuse or other justification in the best
..clearly establish that the removal of a child from the interests of the child. In any case, every effort should be
family should be an action of necessity and last resort? made to enable siblings to maintain contact with each
other, unless this is against their wishes or interests.
..dictate that poverty alone is never the primary
justification for children being removed from their 18 Recognizing that, in most countries, the majority of
family and placed in alternative care? children without parental care are looked after infor-
mally by relatives or others, States should seek to devise
..ensure that comprehensive criteria are used to appropriate means, consistent with the present Guide-
assess the capacity of the family to care for the lines, to ensure their welfare and protection while in
child when a risk to the child in that family has been such informal care arrangements, with due respect for
identified? cultural, economic, gender and religious differences and
practices that do not conflict with the rights and best in-
..promote and support the development and imple- terests of the child.
mentation of a range of appropriate family support
services as preventative measures to ensure chil- 19 No child should be without the support and protection
dren can be cared for within their families? of a legal guardian or other recognized responsible adult
or competent public body at any time.
..guarantee that parents and children fully partici-
pate in the decision-making process and are kept 20 The provision of alternative care should never be un-
informed of their rights, particularly their right to dertaken with a prime purpose of furthering the political,
appeal against a decision to remove a child? religious or economic goals of the providers.
..provide for parenting education, and other relevant 21 The use of residential care should be limited to cases
supports to parents in particular, for example, ado- where such a setting is specifically appropriate, neces-
lescent parents, to prevent child abandonment? sary and constructive for the individual child concerned
and in his/her best interests.
..guarantee that any placement of a child in alter-
native care is subject to periodic reviews to assess 22 In accordance with the predominant opinion of ex-
the continuing necessity for a placement outside the perts, alternative care for young children, especially
family, and the possibility for reunification with the those under the age of 3 years, should be provided in
family? family-based settings. Exceptions to this principle
may be warranted in order to prevent the separation of
siblings and in cases where the placement is of an emer-
gency nature or is for a predetermined and very limited
duration, with planned family reintegration or other ap-
propriate long-term care solution as its outcome.
9
23 While recognizing that residential care facilities and

family-based care complement each other in meeting the THE PRINCIPLE OF
needs of children, where large residential care facilities appropriateness
(institutions) remain, alternatives should be developed in
the context of an overall deinstitutionalization strategy, In cases where alternative care is deemed nec-
with precise goals and objectives, which will allow for essary, and in the child’s best interests, the
their progressive elimination. To this end, States should Guidelines seek to ensure that the choice of the
establish care standards to ensure the quality and con- care setting and the period spent in care are
ditions that are conducive to the child’s development, appropriate in each case and promote stability
such as individualized and small-group care, and should and permanence.
evaluate existing facilities against these standards. De-
cisions regarding the establishment of, or permission to
establish, new residential care facilities, whether public
© D. Sansoni
or private, should take full account of this deinstitution-
alization objective and strategy.
Measures to promote application Does national policy..
24 States should, to the maximum extent of their avail- ..ensure the availability of a suitable range of al-
able resources and, where appropriate, within the frame- ternative care options appropriate to the individual
work of development cooperation, allocate human and needs of children requiring care and protection?
financial resources to ensure the optimal and progres-
sive implementation of the present Guidelines through- ..include a clear National Plan for the de-institution-
out their respective territories in a timely manner. States alisation of the care system and the development of
should facilitate active cooperation among all relevant family-based and other appropriate alternative care
authorities and the mainstreaming of child and family options?
welfare issues within all ministries directly or indirectly
concerned. ..obligate care providers to conduct appropriate back-
ground checks to ensure the suitability of potential
25 States are responsible for determining any need for, carers?
and requesting, international cooperation in implement-
ing the present Guidelines. Such requests should be giv- ..include the need to consider the desirability of
en due consideration and should receive a favourable re- keeping siblings together in alternative care settings
sponse wherever possible and appropriate. The enhanced as a key requirement in assessing appropriateness?
implementation of the present Guidelines should figure
in development cooperation programmes. When provid- ..obligate care providers and carers to ensure the
ing assistance to a State, foreign entities should abstain full participation of the family and the child in plan-
from any initiative inconsistent with the Guidelines. ning, reviewing, and other decision-making proc-
esses regarding the alternative care placement?
26 Nothing in the present Guidelines should be inter-
preted as encouraging or condoning lower standards than ..provide a rights-based framework that takes a ho-
those that may exist in given States, including in their listic approach to ensuring the rights of the child,
legislation. Similarly, competent authorities, profession- taking into account not only care and protection but
al organizations and others are encouraged to develop also, for example, education, health, identity, faith,
national or professionally specific guidelines that build or privacy?
upon the letter and spirit of the present Guidelines.
III. SCOPE OF (ii) Formal care: all care provided in a family en-
THE GUIDELINES vironment which has been ordered by a competent
administrative body or judicial authority, and all
care provided in a residential environment, in-
27 The present Guidelines apply to the appropriate use cluding in private facilities, whether or not as a
and conditions of alternative formal care for all persons result of administrative or judicial measures.
under the age of 18 years, unless, under the law applica- (c) With respect to the environment where it is provided,
ble to the child, majority is attained earlier. Only where alternative care may be:
indicated do the Guidelines also apply to informal care (i) Kinship care: family-based care within the
settings, having due regard for both the important role child’s extended family or with close friends of
played by the extended family and the community and the family known to the child, whether formal or
the obligations of States for all children not in the care of informal in nature;
their parents or legal and customary caregivers, as set out (ii) Foster care: situations where children are
in the Convention on the Rights of the Child. placed by a competent authority for the purpose
of alternative care in the domestic environment of
28 Principles in the present Guidelines are also applica- a family other than the children’s own family, that
ble, as appropriate, to young persons already in alterna- has been selected, qualified, approved and super-
tive care and who need continuing care or support for vised for providing such care;
a transitional period after reaching the age of majority (iii) Other forms of family-based or family-like
under applicable law. care placements;
(iv) Residential care: care provided in any non-
29 For the purposes of the present Guidelines, and sub- family-based group setting, such as places of
ject, notably, to the exceptions listed in paragraph 30 safety for emergency care, transit centres in emer-
below, the following definitions shall apply: gency situations, and all other short and long-term
(a) Children without parental care: all children not in residential care facilities including group homes;
the overnight care of at least one of their parents, for (v) Supervised independent living arrangements
whatever reason and under whatever circumstances. for children.
Children without parental care who are outside their (d) With respect to those responsible for alternative care:
country of habitual residence or victims of emergency (i) Agencies are the public or private bodies and
situations may be designated as: services that organize alternative care for children;
(i) “Unaccompanied” if they are not cared for by (ii) Facilities are the individual public or private
another relative or an adult who by law or custom establishments that provide residential care for
is responsible for doing so; or children.
(ii) “Separated” if they are separated from a pre-
vious legal or customary primary caregiver, but 30 The scope of alternative care as foreseen in the
who may nevertheless be accompanied by another present Guidelines does not extend, however, to:
relative. (a) Persons under the age of 18 years who are deprived
(b) Alternative care may take the form of: of their liberty by decision of a judicial or administra-
(i) Informal care: any private arrangement pro- tive authority as a result of being alleged as, accused of
vided in a family environment, whereby the child or recognized as having infringed the law, and whose
is looked after on an ongoing or indefinite basis situation is covered by the United Nations Standard
by relatives or friends (informal kinship care) or Minimum Rules for the Administration of Juvenile
by others in their individual capacity, at the initia- Justice and the United Nations Rules for the Protection
tive of the child, his/her parents or other person of Juveniles Deprived of Their Liberty;
without this arrangement having been ordered by (b) Care by adoptive parents from the moment the child
an administrative or judicial authority or a duly concerned is effectively placed in their custody pur-
accredited body; suant to a final adoption order, as of which moment,
11
for the purposes of the present Guidelines, the child is

considered to be in parental care. The Guidelines are, PROMOTING
however, applicable to pre-adoption or probationary PARENTAL CARE
placement of a child with the prospective adoptive par-
ents, as far as they are compatible with requirements Emphasising the preventative role of social
governing such placements as stipulated in other rel- work, the Guidelines present the need to sup-
evant international instruments; port and empower vulnerable families with the
(c) Informal arrangements whereby a child voluntarily necessary capacities to care for children them-
stays with relatives or friends for recreational purposes selves.
and reasons not connected with the parents’ general in-
ability or unwillingness to provide adequate care.
31 Competent authorities and others concerned are

also encouraged to make use of the present Guidelines,
as applicable, at boarding schools, hospitals, centres for
© B. Neeleman
children with mental and physical disabilities or other

special needs, camps, the workplace and other places
which may be responsible for the care of children.
Does national policy..
IV. PREVENTING ..ensure the systematic collection of relevant data
THE NEED FOR on the causal factors of family vulnerability and en-
sure that relevant data informs service delivery in
ALTERNATIVE CARE support of families?
..foresee appropriate interventions to support and

A. Promoting parental care strengthen families in order to prevent separation
and ensure that these interventions are consequently
32 States should pursue policies that ensure support for resourced, targeted, and implemented?
families in meeting their responsibilities towards the
child and promote the right of the child to have a rela- ..guarantee that family-oriented policies are in place
tionship with both parents. These policies should address and implemented to strengthen family environ-
the root causes of child abandonment, relinquishment ments without discrimination based on, for example,
and separation of the child from his/her family by ensur- marital status, birth status, poverty or ethnicity?
ing, inter alia, the right to birth registration, and access
to adequate housing and to basic health, education and ..recognise and promote the common responsibili-
social welfare services, as well as by promoting meas- ties of mothers and fathers and ensure that they
ures to combat poverty, discrimination, marginalization, are equally empowered with the relevant attitudes,
stigmatization, violence, child maltreatment and sexual skills, capacities, and tools to provide a caring envi-
abuse, and substance abuse. ronment for the child?
33 States should develop and implement consistent and ..ensure coordinated service provision and a range
mutually reinforcing family-oriented policies designed of relevant services to ensure tailored and appropri-
to promote and strengthen parents’ ability to care for ate responses to families facing difficulties?
their children.
(c) Youth policies aiming at empowering youth to face

positively the challenges of everyday life, including
when they decide to leave the parental home, and
preparing future parents to make informed decisions
regarding their sexual and reproductive health and to
fulfil their responsibilities in this respect.
35 Various complementary methods and techniques

should be used for family support, varying throughout the
process of support, such as home visits, group meetings
with other families, case conferences and securing com-
mitments by the family concerned. They should be direct-
ed towards both facilitating intrafamilial relationships and
promoting the family’s integration within its community.
36 Special attention should be paid, in accordance with

local laws, to the provision and promotion of support
© J. Lugtigheid
and care services for single and adolescent parents and

their children, whether or not born out of wedlock. States
should ensure that adolescent parents retain all rights
inherent to their status both as parents and as children,
including access to all appropriate services for their own
34 States should implement effective measures to pre- development, allowances to which parents are entitled,
vent child abandonment, relinquishment and separa- and their inheritance rights. Measures should be adopted
tion of the child from his/her family. Social policies and to ensure the protection of pregnant adolescents and to
programmes should, inter alia, empower families with guarantee that they do not interrupt their studies. Efforts
attitudes, skills, capacities and tools to enable them to should also be made to reduce the stigma attached to sin-
provide adequately for the protection, care and develop- gle and adolescent parenthood.
ment of their children. The complementary capacities of
the State and civil society, including non-governmental 37 Support and services should be available to siblings
and community-based organizations, religious leaders who have lost their parents or caregivers and choose to
and the media should be engaged to this end. These so- remain together in their household, to the extent that
cial protection measures should include: the eldest sibling is both willing and deemed capable of
(a) Family strengthening services, such as parenting acting as the household head. States should ensure, in-
courses and sessions, the promotion of positive par- cluding through the appointment of a legal guardian, a
ent-child relationships, conflict resolution skills, op- recognized responsible adult or, where appropriate,
portunities for employment and income generation a public body legally mandated to act as guardian, as
and, where required, social assistance; stipulated in paragraph 19 above, that such households
(b) Supportive social services, such as day care, media- benefit from mandatory protection from all forms of ex-
tion and conciliation services, substance abuse treat- ploitation and abuse, and supervision and support on the
ment, financial assistance, and services for parents part of the local community and its competent services,
and children with disabilities. Such services, prefer- such as social workers, with particular concern for the
ably of an integrated and non-intrusive nature, should children’s health, housing, education and inheritance
be directly accessible at the community level and rights. Special attention should be given to ensuring that
should actively involve the participation of families the head of such a household retains all rights inherent
as partners, combining their resources with those of to his/her child status, including access to education and
the community and the carer; leisure, in addition to his/her rights as a household head.
13
38 States should ensure opportunities for day care,

including all-day schooling, and respite care which PREVENTING FAMILY
would enable parents better to cope with their overall SEPARATION
responsibilities towards the family, including additional
responsibilities inherent in caring for children with In line with the principle of necessity, the preven-
special needs. tion of family separation focuses on ensuring
sound and rigorous decision-making processes.
Preventing family separation
39 Proper criteria based on sound professional princi-
© C. Lesske
ples should be developed and consistently applied for
asessing the child’s and the family’s situation, including
the family’s actual and potential capacity to care for the
child, in cases where the competent authority or agency
has reasonable grounds to believe that the well-being of Does national policy..
the child is at risk.
..ensure that assessment processes are informed by
40 Decisions regarding removal or reintegration should multi-disciplinary perspectives on, for example, edu-
be based on this assessment and should be made by suit- cation, health, and other relevant areas of concern?
ably qualified and trained professionals, on behalf of or
authorized by a competent authority, in full consultation ..require assessment processes to give all due con-
with all concerned and bearing in mind the need to plan sideration to identifying necessary supports for the
for the child’s future. family and make referrals to relevant services as an
alternative to separation?
41 States are encouraged to adopt measures for the inte-
gral protection and guarantee of rights during pregnan- ..guarantee that assessment processes identify and
cy, birth and the breastfeeding period, in order to ensure seek to address root causes for the unnecessary
conditions of dignity and equality for the adequate devel- separation of children, such as discrimination, pov-
opment of the pregnancy and the care of the child. There- erty, or disability?
fore, support programmes should be provided to future
mothers and fathers, particularly adolescent parents, who ..support and encourage the training of professional
have difficulty exercising their parental responsibilities. groups, such as teachers and doctors, in identifying
Such programmes should aim at empowering mothers children at-risk and oblige them to make referrals to
and fathers to exercise their parental responsibilities in relevant services and responsible authorities?
conditions of dignity and at avoiding their being induced
to surrender their child because of their vulnerability. ..ensure vulnerable parents seeking to relinquish
their children have access to counselling and finan-
42 When a child is relinquished or abandoned, States cial or material support to care for children to prevent
should ensure that this may take place in conditions of child abandonment?
confidentiality and safety for the child, respecting his/
her right to access information on his/her origins where ..make provision for procedures which support
appropriate and possible under the law of the State. those children who have been abandoned in gain-
ing confidential access to relevant and appropriate
43 States should formulate clear policies to address situ- information on their background?
ations where a child has been abandoned anonymously,
which indicate whether and how family tracing should
© R. Fleischanderl
be undertaken and reunification or placement within 46 Specific training should be provided to teachers and
the extended family pursued. Policies should also allow others working with children in order to help them to
for timely decision-making on the child’s eligibility for identify situations of abuse, neglect, exploitation or risk
permanent family placement and for arranging such of abandonment and to refer such situations to competent
placements expeditiously. bodies.
44 When a public or private agency or facility is 47 Any decision to remove a child against the will of his/
approached by a parent or legal guardian wishing to her parents must be made by competent authorities, in
relinquish a child permanently, the State should ensure accordance with applicable law and procedures and sub-
that the family receives counselling and social support ject to judicial review, the parents being assured the right
to encourage and enable them to continue to care for of appeal and access to appropriate legal representation.
the child. If this fails, a social worker or other appro-
priate professional assessment should be undertaken to 48 When the child’s sole or main carer may be the sub-
determine whether there are other family members who ject of deprivation of liberty as a result of preventive
wish to take permanent responsibility for the child, and detention or sentencing decisions, non-custodial remand
whether such arrangements would be in the best interests measures and sentences should be taken in appropriate
of the child. Where such arrangements are not possible cases wherever possible, the best interests of the child
or are not in the best interests of the child, efforts should being given due consideration. States should take into
be made to find a permanent family placement within a account the best interests of the child when deciding
reasonable period. whether to remove children born in prison and children
living in prison with a parent. The removal of such chil-
45 When a public or private agency or facility is ap- dren should be treated in the same way as other instances
proached by a parent or caregiver wishing to place a child where separation is considered. Best efforts should be
in care for a short or indefinite period, the State should made to ensure that children remaining in custody with
ensure the availability of counselling and social support their parent benefit from adequate care and protection,
to encourage and enable him or her to continue to care while guaranteeing their own status as free individuals
for the child. A child should be admitted to alternative and access to activities in the community.
care only when such efforts have been exhausted and ac-
ceptable and justified reasons for entry into care exist.
15
B. Promoting family
reintegration PROMOTING FAMILY
REINTEGRATION
49 In order to prepare and support the child and the
family for his/her possible return to the family, his/her For children who are in alternative care, and in
situation should be assessed by a duly designated indi- line with ensuring the placement is appropriate,
vidual or team with access to multidisciplinary advice, options to reintegrate children in their families
in consultation with the different actors involved (the are a key part of a care review process.
child, the family, the alternative caregiver), so as to de-
cide 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.
50 The aims of the reintegration and the family’s and

alternative caregiver ’s principal tasks in this respect
©B. Neeleman
should be set out in writing and agreed on by all con-

cerned.
51 Regular and appropriate contact between the child

and his/her family specifically for the purpose of reinte-
gration should be developed, supported and monitored Does national policy..
by the competent body.
..facilitate families and children in exercising their
52 Once decided, the reintegration of the child in his/her right to appeal a decision to place a child in alter-
family should be designed as a gradual and supervised native care and thereby to seek reintegration on
process, accompanied by follow-up and support meas- their own terms?
ures that take account of the child’s age, needs and evolv-
ing capacities, as well as the cause of the separation. ..ensure that care placements are suitably close to
the child’s family and community in order to mini-
mise disruption and enable the child to maintain
regular contact with the family to support potential
reunification?
V. FRAMEWORK OF
CARE PROVISION ..emphasise the desirability and need to consider
the option to reunify children with their families as
a key consideration within the regular reviews of
53 In order to meet the specific psychoemotional, so- the care placement?
cial and other needs of each child without parental care,
States should take all necessary measures to ensure that ..guarantee that children and families are actively
the legislative, policy and financial conditions exist to involved in decision-making on the possibility of,
provide for adequate alternative care options, with prior- and planning for reunification?
ity to family- and community-based solutions.
..ensure that the decision to reunify a child with his/
54 States should ensure the availability of a range of al- her family leads to a planned and gradual process
ternative care options, consistent with the general princi- during which the family is provided with relevant
ples of the present Guidelines, for emergency, short-term support?
and long-term care.
55 States should ensure that all entities and individuals

DETERMINING engaged in the provision of alternative care for children
APPROPRIATENESS receive due authorization to do so from a competent au-
thority and are subject to regular monitoring and review
In cases of necessity the question of assessing by the latter in keeping with the present Guidelines. To
which alternative care option is appropriate is this end, these authorities should develop appropriate
the next step. criteria for assessing the professional and ethical fitness
of care providers and for their accreditation, monitoring
and supervision.
56 With regard to informal care arrangements for the

child, whether within the extended family, with friends
or with other parties, States should, where appropriate,
encourage such carers to notify the competent authori-
© R. Fleischanderl
ties accordingly so that they and the child may receive

any necessary financial and other support that would pro-
mote the child’s welfare and protection. Where possible
and appropriate, States should encourage and enable in-
formal caregivers, with the consent of the child and par-
Does national policy.. ents concerned, to formalize the care arrangement after a
suitable lapse of time, to the extent that the arrangement
..oblige care providers to ensure the implementation has proved to be in the best interests of the child to date
of rigorous, multi-disciplinary approaches to deci- and is expected to continue in the foreseeable future.
sion-making that includes the informed participation
of children and their families?
..provide a suitable regulatory framework to ensure VI. DETERMINATION OF THE

authorisation, registration, monitoring and account-
ability of care providers?
MOST APPROPRIATE FORM
OF CARE
..oblige care providers to ensure that comprehen-
sive records are kept from the outset so that, for 57 Decision-making on alternative care in the best inter-
example, the initial decision-making process pro- ests of the child should take place through a judicial, ad-
vides a solid foundation for future care planning and ministrative or other adequate and recognized procedure,
regular reviews? with legal safeguards, including, where appropriate, legal
representation on behalf of children in any legal proceed-
..dictate that periodic reviews of the care placement ings. It should be based on rigorous assessment, planning
give all due consideration to the general conditions and review, through established structures and mecha-
of care experienced by the child, the continued ne- nisms, and should be carried out on a case-by-case basis,
cessity of the placement, and take account of the by suitably qualified professionals in a multidisciplinary
views of the child? team, wherever possible. It should involve full consultation
at all stages with the child, according to his/ her evolving
..oblige care providers to ensure individualised care capacities, and with his/her parents or legal guardians. To
solutions that promote stability and permanence in this end, all concerned should be provided with the neces-
planning care, through reunification with the family, sary information on which to base their opinion. States
or the continued provision of alternative care? should make every effort to provide adequate resources
and channels for the training and recognition of the pro-
17
fessionals responsible for determining the best form of

care so as to facilitate compliance with these provisions.
58 Assessment should be carried out expeditiously,

thoroughly and carefully. It should take into account the
child’s immediate safety and well-being, as well as his/
her longer-term care and development, and should cover
the child’s personal and developmental characteristics,
ethnic, cultural, linguistic and religious background,
family and social environment, medical history and any
special needs.
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 on-
© B. Neeleman
wards, with a view to, inter alia, avoiding undue disrup-

tion and contradictory decisions.
60 Frequent changes in care setting are detrimental to

the child’s development and ability to form attachments,
and should be avoided. Short-term placements should
aim at enabling an appropriate permanent solution to be 64 The child and his/her parents or legal guardians
arranged. Permanency for the child should be secured should be fully informed about the alternative care op-
without undue delay through reintegration in his/her nu- tions available, the implications of each option and their
clear or extended family or, if this is not possible, in an rights and obligations in the matter.
alternative stable family setting or, where paragraph 21
above applies, in stable and appropriate residential care. 65 The preparation, enforcement and evaluation of a pro-
tective measure for a child should be carried out, to the
61 Planning for care provision and permanency should greatest extent possible, with the participation of his/her
be carried out from the earliest possible time, ideally parents or legal guardians and potential foster carers and
before the child enters care, taking into account the im- caregivers, with respect to his/her particular needs, con-
mediate and longer-term advantages and disadvantages victions and special wishes. At the request of the child,
of each option considered, and should comprise short- parents or legal guardians, other important persons in the
and long-term propositions. child’s life may also be consulted in any decision-making
process, at the discretion of the competent authority.
62 Planning for care provision and permanency should
be based on, notably, the nature and quality of the child’s 66 States should ensure that any child who has been
attachment to his/her family, the family’s capacity to placed in alternative care by a properly constituted court,
safeguard the child’s well-being and harmonious devel- tribunal or administrative or other competent body, as
opment, the child’s need or desire to feel part of a fam- well as his/her parents or others with parental responsi-
ily, the desirability of the child remaining within his/her bility, are given the opportunity to make representations
community and country, the child’s cultural, linguistic on the placement decision before a court, are informed of
and religious background, and the child’s relationships their rights to make such representations and are assisted
with siblings, with a view to avoiding their separation. in doing so.
63 The plan should clearly state, inter alia, the goals of 67 States should ensure the right of any child who has
the placement and the measures to achieve them. been placed in temporary care to regular and thorough
review – preferably at least every three months – of the skills, selection, training and supervision of carers. Their
appropriateness of his/her care and treatment, taking role and functions should be clearly defined and clari-
into account, notably, his/her personal development and fied with respect to those of the child’s parents or legal
any changing needs, developments in his/her family en- guardians.
vironment, and the adequacy and necessity of the current
placement in these circumstances. The review should be 72 In each country, the competent authorities should
carried out by duly qualified and authorized persons, and draw up a document setting out the rights of children in
should fully involve the child and all relevant persons in alternative care in keeping with the present Guidelines.
the child’s life. Children in alternative care should be enabled to under-
stand fully the rules, regulations and objectives of the
68 The child should be prepared for all changes of care care setting and their rights and obligations therein.
settings resulting from the planning and review processes.
73 All alternative care provision should be based on a
written statement of the provider’s aims and objectives
in providing the service and the nature of the provider’s
VII. PROVISION OF responsibilities to the child that reflects the standards set
ALTERNATIVE CARE by the Convention on the Rights of the Child, the present
Guidelines and applicable law. All providers should be
A. Policies appropriately qualified or approved in accordance with
legal requirements to provide alternative care services.
69 It is a responsibility of the State or appropriate
level of government to ensure the development and 74 A regulatory framework should be established to en-
implementation of coordinated policies regarding for- sure a standard process for the referral or admission of a
mal and informal care for all children who are without child to an alternative care setting.
parental care. Such policies should be based on sound
information and statistical data. They should define a 75 Cultural and religious practices regarding the provi-
process for determining who has responsibility for a sion of alternative care, including those related to gender
child, taking into account the role of the child’s parents perspectives, should be respected and promoted to the
or principal caregivers in his/her protection, care and extent that they can be shown to be consistent with the
development. Presumptive responsibility, unless shown rights and best interests of the children. The process of
to be otherwise, is with the child’s parents or principal considering whether such practices should be promoted
caregivers. should be carried out in a broadly participatory way,
involving the cultural and religious leaders concerned,
70 All State entities involved in the referral of, and as- professionals and those caring for children without pa-
sistance to, children without parental care, in coopera- rental care, parents and other relevant stakeholders, as
tion with civil society, should adopt policies and proce- well as the children themselves.
dures which favour information-sharing and networking
between agencies and individuals in order to ensure ef-
fective care, aftercare and protection for these children. 1 Informal care
The location and/or design of the agency responsible for
the oversight of alternative care should be established so 76 With a view to ensuring that appropriate conditions
as to maximize its accessibility to those who require the of care are met in informal care provided by individuals
services provided. or families, States should recognize the role played by
this type of care and take adequate measures to support
71 Special attention should be paid to the quality of alter- its optimal provision on the basis of an assessment of
native care provision, both in residential and in family- which particular settings may require special assistance
based care, in particular with regard to the professional or oversight.
19
77 Competent authorities should, where appropriate, en-

courage informal carers to notify the care arrangement GENERAL CONDITIONS (I)
and should seek to ensure their access to all available
services and benefits likely to assist them in discharging The Guidelines treat formal and informal care
their duty to care for and protect the child. quite distinctively setting very different thresh-
olds of obligation. Informal carers are encouraged
78 The State should recognize the de facto responsibil- to make themselves known with a view to ensur-
ity of informal carers for the child. ing access to available social supports, while for-
mal care should meet certain general conditions.
79 States should devise special and appropriate measures
designed to protect children in informal care from abuse,
neglect, child labour and all other forms of exploitation,
with particular attention to informal care provided by
non-relatives, or by relatives previously unknown to the © R. Winkler
children or living far from the children’s habitual place
of residence.
2. General conditions applying to all forms of Does national policy..

formal alternative care arrangements
..set and monitor appropriate standards for facilities
80 The transfer of a child into alternative care should to ensure that the physical environment is suitably
be carried out with the utmost sensitivity and in a child- fit for purpose with respect to health and safety reg-
friendly manner, in particular involving specially trained ulations, providing adequate sanitary and hygiene
and, in principle, non-uniformed personnel. conditions that respect the child’s right to privacy?
81 When a child is placed in alternative care, contact ..oblige formal care providers to ensure carers are
with his/her family, as well as with other persons close professionally qualified and appropriately trained,
to him or her, such as friends, neighbours and previous for example, on children’s rights and child develop-
carers, should be encouraged and facilitated, in keeping ment issues?
with the child’s protection and best interests. The child
should have access to information on the situation of ..guarantee practices that ensure regular contact
his/her family members in the absence of contact with between the child placed in alternative care, his/her
them. parents, other family members, friends, and their
community?
82 States should pay special attention to ensuring that
children in alternative care because of parental imprison- ..foresee the need to challenge social attitudes and
ment or prolonged hospitalization have the opportunity the stigmatisation of children with alternative care
to maintain contact with their parents and receive any backgrounds and specifically prohibit discrimina-
necessary counselling and support in that regard. tion, for example, on access to education, health
care, and employment?
83 Carers should ensure that children receive adequate
amounts of wholesome and nutritious food in accordance ..ensure that care providers and facilities set an ap-
with local dietary habits and relevant dietary standards, propriate balance between the need for care and
as well as with the children’s religious beliefs. Appropri- protection and the autonomous development of the
ate nutritional supplementation should also be provided evolving capacities of the child?
when necessary.
© D. Sansoni
84 Carers should promote the health of the children for 88 Children should be allowed to satisfy the needs of
whom they are responsible and make arrangements to their religious and spiritual life, including by receiving
ensure that medical care, counselling and support are visits from a qualified representative of their religion,
made available as required. and to freely decide whether or not to participate in re-
ligious services, religious education or counselling. The
85 Children should have access to formal, non-formal child’s own religious background should be respected,
and vocational education in accordance with their rights, and no child should be encouraged or persuaded to
to the maximum extent possible in educational facilities change his/her religion or belief during a care placement.
in the local community.
89 All adults responsible for children should respect and
86 Carers should ensure that the right of every child, in- promote the right to privacy, including appropriate fa-
cluding children with disabilities, living with or affected cilities for hygiene and sanitary needs, respecting gender
by HIV/AIDS or having any other special needs, to de- differences and interaction, and adequate, secure and ac-
velop through play and leisure activities is respected and cessible storage space for personal possessions.
that opportunities for such activities are created within
and outside the care setting. Contact with the children 90 Carers should understand the importance of their role
and others in the local community should be encouraged in developing positive, safe and nurturing relationships
and facilitated. with children, and should be able to do so.
87 The specific safety, health, nutritional, developmental 91 Accommodation in all alternative care settings
and other needs of babies and young children, including should meet the requirements of health and safety.
those with special needs, should be catered for in all care
settings, including ensuring their ongoing attachment to 92 States must ensure through their competent authori-
a specific carer. ties that accommodation provided to children in alter-
native care, and their supervision in such placements,
21
enable them to be effectively protected against abuse.

Particular attention needs to be paid to the age, maturity GENERAL CONDITIONS (II)
and degree of vulnerability of each child in determining
his/her living arrangements. Measures aimed at protect-
ing children in care should be in conformity with the law Does national policy..
and should not involve unreasonable constraints on their
liberty and conduct in comparison with children of simi- ..prohibit and sanction all forms of violence against
lar age in their community. children in alternative care, and oblige care provid-
ers to ensure relevant training and awareness-rais-
93 All alternative care settings should provide adequate ing for carers?
protection to children from abduction, trafficking, sale
and all other forms of exploitation. Any consequent con- ..oblige care providers to ensure that procedures
straints on their liberty and conduct should be no more are in place to record and respond to incidents of
than are strictly necessary to ensure their effective pro- violence against children in alternative care, and en-
tection from such acts. sure accountability?
94 All carers should promote and encourage children and ..require care providers to ensure that carers are
young people to develop and exercise informed choices, trained in non-violent de-escalation techniques and
taking account of acceptable risks and the child’s age, the appropriate use of physical restraint when it is
and according to his/her evolving capacities. necessary?
95 States, agencies and facilities, schools and other ..emphasise obligations to record incidents of physi-
community services should take appropriate measures to cal restraint and the need for care providers to re-
ensure that children in alternative care are not stigma- spond appropriately and monitor such incidences?
tized during or after their placement. This should include
efforts to minimize the identification of children as being ..establish a regulatory framework ensuring open
looked after in an alternative care setting. and impartial complaints procedures and the inde-
pendent oversight of such a system?
96 All disciplinary measures and behaviour manage-
ment constituting torture, cruel, inhuman or degrading ..ensure that care providers facilitate any child pur-
treatment, including closed or solitary confinement or suing a complaint, for example, with the support of
any other forms of physical or psychological violence a “person of trust” throughout the whole process?
that are likely to compromise the physical or mental
health of the child, must be strictly prohibited in con-
formity 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.
97 Use of force and restraints of whatever nature should

not be authorized unless strictly necessary for safe-
© B. Neeleman
guarding 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 fun-
damental rights of the child. Restraint by means of drugs
and medication should be based on therapeutic needs and or through formally accredited entities, including non-
should never be employed without evaluation and pre- governmental organizations. Accountability for the ac-
scription by a specialist. tions of the individual or entity concerned should lie with
the designating body.
98 Children in care should be offered access to a person
of trust in whom they may confide in total confidential- 103 Persons exercising such legal responsibility should
ity. This person should be designated by the competent be reputable individuals with relevant knowledge of chil-
authority with the agreement of the child concerned. The dren’s issues, an ability to work directly with children
child should be informed that legal or ethical standards and an understanding of any special and cultural needs of
may require breaching confidentiality under certain cir- the children to be entrusted to them. They should receive
cumstances. appropriate training and professional support in this re-
gard. They should be in a position to make independent
99 Children in care should have access to a known, ef- and impartial decisions that are in the best interests of the
fective and impartial mechanism whereby they can no- children concerned and that promote and safeguard each
tify complaints or concerns regarding their treatment child’s welfare.
or conditions of placement. Such mechanisms should
include initial consultation, feedback, implementation 104 The role and specific responsibilities of the desig-
and further consultation. Young people with previous nated person or entity should include:
care experience should be involved in this process, due (a) Ensuring that the rights of the child are protected and,
weight being given to their opinions. This process should in particular, that the child has appropriate care, ac-
be conducted by competent persons trained to work with commodation, health-care provision, developmental
children and young people. opportunities, psychosocial support, education and
language support;
100 To promote the child’s sense of self-identity, a life (b) Ensuring that the child has access to legal and other
story book comprising appropriate information, pictures, representation where necessary, consulting with the
personal objects and mementoes regarding each step of child so that the child’s views are taken into account by
the child’s life should be maintained with the child’s par- decision-making authorities, and advising and keeping
ticipation and made available to the child throughout his/ the child informed of his/her rights;
her life. (c) Contributing to the identification of a stable solution in
the best interests of the child;
(d) Providing a link between the child and various organi-
B. Legal responsibility sations that may provide services to the child;
for the child (e) Assisting the child in family tracing;
(f) Ensuring that, if repatriation or family reunification is
101 In situations where the child’s parents are absent carried out, it is done in the best interests of the child;
or are incapable of making day-to-day decisions in the (g) Helping the child to keep in touch with his/her family,
best interests of the child, and the child’s placement in when appropriate.
alternative care has been ordered or authorized by a
competent administrative body or judicial authority, a
designated individual or competent entity should be vest- 1 Agencies and facilities responsible for
ed with the legal right and responsibility to make such formal care
decisions in the place of parents, in full consultation with
the child. States should ensure that a mechanism is in 105 Legislation should stipulate that all agencies and fa-
place for designating such an individual or entity. cilities must be registered and authorized to operate by
social welfare services or another competent authority,
102 Such legal responsibility should be attributed by the and that failure to comply with such legislation consti-
competent authorities and be supervised directly by them tutes an offence punishable by law. Authorization should
23
be granted and be regularly reviewed by the competent

authorities on the basis of standard criteria covering, at AGENCIES, FACILITIES
a minimum, the agency’s or facility’s objectives, func- & CARERS
tioning, staff recruitment and qualifications, conditions
of care and financial resources and management. The Guidelines outline a regulatory framework
that emphasises State responsibility for the
106 All agencies and facilities should have written pol- authorisation, monitoring and accountability
icy and practice statements, consistent with the present of care providers, care facilities and individual
Guidelines, setting out clearly their aims, policies, meth- carers.
ods and the standards applied for the recruitment, moni-
toring, supervision and evaluation of qualified and suit-
able carers to ensure that those aims are met.
107 All agencies and facilities should develop a staff

code of conduct, consistent with the present Guidelines,
© R. Fleischanderl
that defines the role of each professional and of the carers
in particular and includes clear reporting procedures on
allegations of misconduct by any team member.
108 The forms of financing care provision should never

be such as to encourage a child’s unnecessary placement
or prolonged stay in care arrangements organized or pro- Does national policy..
vided by an agency or facility.
..ensure the authorisation of care providing agen-
109 Comprehensive and up-to-date records should be cies and facilities, including the requirement to
maintained regarding the administration of alternative present policies on staff recruitment, conduct and
care services, including detailed files on all children in monitoring, the standards of care provided, and pro-
their care, staff employed and financial transactions. cedures to report misconduct?
110 The records on children in care should be complete, ..oblige care providers to ensure up-to-date records
up to date, confidential and secure, and should include in- are kept, the confidentiality of those records, and
formation on their admission and departure and the form, also to facilitate access to those records by chil-
content and details of the care placement of each child, dren, if required?
together with any appropriate identity documents and
other personal information. Information on the child’s ..set minimum employment standards to ensure
family should be included in the child’s file as well as suitable working conditions, adequate remuneration
in the reports based on regular evaluations. This record and thus the motivation and retention of carers and
should follow the child throughout the alternative care other staff?
period and be consulted by duly authorized professionals
responsible for his/her current care. ..establish criteria to ensure that care providers
maintain care standards through personal devel-
111 The above-mentioned records could be made avail- opment of carers and training on relevant issues,
able to the child, as well as to the parents or guardians, for example, child protection legislation, children’s
within the limits of the child’s right to privacy and con- rights, the appropriate use of restraint, child devel-
fidentiality, as appropriate. Appropriate counselling opment issues and children with special needs?
should be provided before, during and after consultation
of the record.
112 All alternative care services should have a clear

RANGE OF CARE OPTIONS policy on maintaining the confidentiality of information
pertaining to each child, which all carers are aware of
Respecting the principles of necessity and ap- and adhere to.
propriateness and the requirement for case-
by-case decision-making leads to a discus- 113 As a matter of good practice, all agencies and
sion of the need for a range of alternative care facilities should systematically ensure that, prior to
options to provide the required flexibility to employment, carers and other staff in direct contact with
respond. children undergo an appropriate and comprehensive
assessment of their suitability to work with children.
114 Conditions of work, including remuneration, for

carers employed by agencies and facilities should be such
as to maximize motivation, job satisfaction and continu-
ity, and hence their disposition to fulfil their role in the
most appropriate and effective manner.
115 Training should be provided to all carers on the

rights of children without parental care and on the specific
© P. Hahn
vulnerability of children, in particularly difficult situ-

ations, such as emergency placements or placements
outside their area of habitual residence. Cultural, social,
gender and religious sensitization should also be assured.
Does national policy.. States should also provide adequate resources and chan-
nels for the recognition of these professionals in order to
..set a proactive agenda to develop, encourage and favour the implementation of these provisions.
support the increased availability and use of foster
care and other forms of family-based care? 116 Training in dealing appropriately with challenging
behaviour, including conflict resolution techniques and
..ensure that the development of the foster care sys- means to prevent acts of harm or self-harm, should be pro-
tem is adequate to the needs of communities and vided to all care staff employed by agencies and facilities.
consequently also community-based?
117 Agencies and facilities should ensure that, wherever
..allow for relevant and genuine consultation with appropriate, carers are prepared to respond to children
foster carers and foster care organisations in order with special needs, notably those living with HIV/AIDS
to inform and influence relevant policy? or other chronic physical or mental illnesses, and chil-
dren with physical or mental disabilities.
..ensure that residential care facilities provide suita-
bly individualised care, in small group settings, with
sufficient and qualified staff to deliver appropriate
standards of care? 2 Foster care
..provide relevant safeguards to ensure that residen- 118 The competent authority or agency should devise a
tial care is only used when appropriate, and that ac- system, and should train concerned staff accordingly, to
tive solicitation of admissions by care providers, for assess and match the needs of the child with the abilities
example, in order to secure financing, is prohibited? and resources of potential foster carers and to prepare all
concerned for the placement.
25
119 A pool of accredited foster carers should be identi- as to implement effectively its aims and objectives and
fied in each locality who can provide children with care ensure child protection.
and protection while maintaining ties to family, commu-
nity and cultural group. 127 Laws, policies and regulations should prohibit the
recruitment and solicitation of children for placement in
120 Special preparation, support and counselling serv- residential care by agencies, facilities or individuals.
ices for foster carers should be developed and made
available to carers at regular intervals, before, during and
D. Inspection and monitoring
after the placement.
121 Carers should have, within fostering agencies and 128 Agencies, facilities and professionals involved in
other systems involved with children without parental care provision should be accountable to a specific public
care, the opportunity to make their voice heard and to authority, which should ensure, inter alia, frequent in-
influence policy. spections comprising both scheduled and unannounced
visits, involving discussion with and observation of the
122 Encouragement should be given to the establish- staff and the children.
ment of associations of foster carers that can provide
important mutual support and contribute to practice and 129 To the extent possible and appropriate, inspection
policy development. functions should include a component of training and
capacity-building for care providers.
C. Residential care 130 States should be encouraged to ensure that an in-

dependent monitoring mechanism is in place, with due
123 Facilities providing residential care should be small consideration for the principles relating to the status of
and be organized around the rights and needs of the national institutions for the promotion and protection
child, in a setting as close as possible to a family or small of human rights (the Paris Principles). The monitoring
group situation. Their objective should generally be to mechanism should be easily accessible to children, par-
provide temporary care and to contribute actively to the ents and those responsible for children without parental
child’s family reintegration or, if this is not possible, to care. The functions of the monitoring mechanism should
secure his/her stable care in an alternative family set- include:
ting, including through adoption or kafala of Islamic law, (a) Consulting in conditions of privacy with children in
where appropriate. all forms of alternative care, visiting the care settings
in which they live and undertaking investigations into
124 Measures should be taken so that, where necessary any alleged situation of violation of children’s rights in
and appropriate, a child solely in need of protection and those settings, on complaint or on its own initiative;
alternative care may be accommodated separately from (b) Recommending relevant policies to appropriate au-
children who are subject to the criminal justice system. thorities with the aim of improving the treatment of
children deprived of parental care and ensuring that it
125 The competent national or local authority should es- is in keeping with the preponderance of research find-
tablish rigorous screening procedures to ensure that only ings on child protection, health, development and care;
appropriate admissions to such facilities are made. (c) Submitting proposals and observations concerning
draft legislation;
126 States should ensure that there are sufficient car- (d) Contributing independently to the reporting proc-
ers in residential care settings to allow individualized ess under the Convention on the Rights of the Child,
attention and to give the child, where appropriate, the including to periodic State party reports to the Com-
opportunity to bond with a specific carer. Carers should mittee on the Rights of the Child with regard to the
also be deployed within the care setting in such a way implementation of the present Guidelines.
E. Support for aftercare

PREPARATION & SUPPORT
FOR LIFE AFTER CARE
131 Agencies and facilities should have a clear policy
Recognising many of the challenges faced by and should carry out agreed procedures relating to the
young adults leaving care, the Guidelines of- planned and unplanned conclusion of their work with
fer a supportive framework for preparation for children to ensure appropriate aftercare and/or follow-
leaving care with continued support for the up. Throughout the period of care, they should system-
time after care. atically 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 fos-
tered by participation in the life of the local community.
132 The process of transition from care to aftercare

should take into consideration children’s gender, age,
maturity and particular circumstances and include
counselling and support, notably to avoid exploitation.
Children leaving care should be encouraged to take
part in the planning of aftercare life. Children with spe-
cial needs, such as disabilities, should benefit from an
© SOS Archives
appropriate support system, ensuring, inter alia, avoid-

ance of unnecessary institutionalization. Both the public
and the private sectors should be encouraged, including
through incentives, to employ children from different
care services, particularly children with special needs.
Does national policy..
133 Special efforts should be made to allocate to each
..foresee the need for well-timed planning for leav- child, whenever possible, a specialized person who can
ing care, developed in consultation with the child? facilitate his/her independence when leaving care.
..oblige care providers to ensure that children pre- 134 Aftercare should be prepared as early as possible
paring to leave care have access to relevant formal in the placement and, in any case, well before the child
and vocational education, life skills training, and leaves the care setting.
other opportunities in line with their aspirations for
an independent future? 135 Ongoing educational and vocational training oppor-
tunities should be imparted as part of life skills educa-
..ensure the allocation of specific resources, for tion to young people leaving care in order to help them to
example, a dedicated support person to guide and become financially independent and generate their own
advise children through the preparation for, and the income.
time after, leaving care?
136 Access to social, legal and health services, together
..support the need for alternative care settings to with appropriate financial support, should also be pro-
operate an “open door” policy with regards to care vided to young people leaving care and during aftercare.
leavers, i.e. can they return to visit and maintain
contact with their former carers as a source of fur-
ther support?
27
VIII. CARE PROVISION FOR

CHILDREN ABROAD
CHILDREN OUTSIDE THEIR
COUNTRY OF HABITUAL The Guidelines emphasise that children out-
RESIDENCE side their country of habitual residence should
benefit from the same levels of care and pro-
tection as nationals of the recipient country.
A. Placement of a child for
care abroad
© C. Martinelli
137 The present Guidelines should apply to all public
and private entities and all persons involved in arrange-
ments for a child to be sent for care to a country other
than his/her country of habitual residence, whether for
medical treatment, temporary hosting, respite care or Does national policy..
any other reason.
..ensure that customs and immigration officials are
138 States concerned should ensure that a designated adequately trained to respond to the requirements
body has responsibility for determining specific stand- of children abroad with the necessary sensitivity?
ards to be met regarding, in particular, the criteria for se-
lecting carers in the host country and the quality of care ..make provision for systematic referrals between
and follow-up, as well as for supervising and monitoring the relevant and concerned agencies and depart-
the operation of such schemes. ments, such as immigration, social work, and the
police?
139 To ensure appropriate international cooperation and
child protection in such situations, States are encouraged ..provide for the appointment of a responsible adult
to ratify or accede to the Hague Convention on Juris- or agency to represent and support a child through
diction, Applicable Law, Recognition, Enforcement and decision-making processes regarding care and/or
Cooperation in respect of Parental Responsibility and immigration?
Measures for the Protection of Children, of 19 October
1996. ..seek to ensure that alternative care options for
children abroad are appropriate to, and respectful
of, the child’s ethnic, cultural and religious back-
B. Provision of care for a child ground?
already abroad
..ensure, through diplomatic or other investigative
channels, that appropriate risk assessments are
140 The present Guidelines, as well as other relevant conducted prior to the return of any child to the
international provisions, should apply to all public and country of origin, or reunification with the family?
private entities and all persons involved in arrangements
for a child needing care while in a country other than his/ ..provide sufficient safeguards to ensure the ex-
her country of habitual residence, for whatever reason. haustion of efforts to reunify the child with parents,
extended family or other habitual carers, prior to
141 Unaccompanied or separated children already abroad other permanent solutions, such as adoption, being
should, in principle, enjoy the same level of protection and applied?
care as national children in the country concerned.
142 In determining appropriate care provision, the di- take responsibility for the child and provide him or
versity and disparity of unaccompanied or separated her with appropriate care and protection;
children (such as ethnic and migratory background or (c) If, for other reasons, it is not in the best interests of
cultural and religious diversity) should be taken into con- the child, according to the assessment of the competent
sideration on a case-by-case basis. authorities.
143 Unaccompanied or separated children, including 149 With the above aims in mind, cooperation among
those who arrive irregularly in a country, should not, in States, regions, local authorities and civil society associ-
principle, be deprived of their liberty solely for having ations should be promoted, strengthened and enhanced.
breached any law governing access to and stay within
the territory. 150 The effective involvement of consular services or,
failing that, legal representatives of the country of ori-
144 Child victims of trafficking should neither be de- gin should be foreseen, when this is in the best interests
tained in police custody nor subjected to penalties for of the child and would not endanger the child or his/her
their involvement under compulsion in unlawful activi- family.
ties.
151 Those responsible for the welfare of an unaccom-
145 As soon as an unaccompanied child is identified, panied or separated child should facilitate regular com-
States are strongly encouraged to appoint a guardian or, munication between the child and his/her family, except
where necessary, representation by an organization re- where this is against the child’s wishes or is demonstra-
sponsible for his/her care and well-being to accompany bly not in his/her best interests.
the child throughout the status determination and deci-
sion-making process. 152 Placement with a view to adoption or kafala of
Islamic law should not be considered a suitable initial
146 As soon as an unaccompanied or separated child is option for an unaccompanied or separated child. States
taken into care, all reasonable efforts should be made to are encouraged to consider this option only after efforts
trace his/her family and re-establish family ties, when to determine the location of his/her parents, extended
this is in the best interests of the child and would not family or habitual carers have been exhausted.
endanger those involved.
147 In order to assist in planning the future of an un-

accompanied or separated child in a manner that best
protects his/her rights, relevant State and social service IX. CARE IN EMERGENCY
authorities should make all reasonable efforts to procure
SITUATIONS
documentation and information in order to conduct an
assessment of the child’s risk and social and family con-
ditions in his/her country of habitual residence.
A. Application of the Guidelines
148 Unaccompanied or separated children must not be
returned to their country of habitual residence: 153 The present Guidelines should continue to apply in
(a) If, following the risk and security assessment, there are situations of emergency arising from natural and man-
reasons to believe that the child’s safety and security made disasters, including international and non-inter-
are in danger; national armed conflicts, as well as foreign occupation.
(b) Unless, prior to the return, a suitable caregiver, such Individuals and organizations wishing to work on behalf
as a parent, other relative, other adult caretaker, a of children without parental care in emergency situations
Government agency or an authorized agency or facil- are strongly encouraged to operate in accordance with
ity in the country of origin, has agreed and is able to the Guidelines.
29
154 In such circumstances, the State or de facto authori-

ties in the region concerned, the international community CHILDREN IN EMERGENCIES
and all local, national, foreign and international agencies
providing or intending to provide child-focused services The Guidelines should be applied in all emer-
should pay special attention: gency situations and stress the primary goal of
(a) To ensure that all entities and persons involved in re- tracing children and reunifying them with their
sponding to unaccompanied or separated children families to the maximum extent possible prior
are sufficiently experienced, trained, resourceful and to any other permanent solution being pursued.
equipped to do so in an appropriate manner;
(b) To develop, as necessary, temporary and long-term
family-based care;
(c) To use residential care only as a temporary measure
until family-based care can be developed;
(d) To prohibit the establishment of new residential facili-
ties structured to provide simultaneous care to large
groups of children on a permanent or long-term basis;
(e) To prevent the cross-border displacement of children,
except under the circumstances described in paragraph
160 below;
© B. Neeleman
(f) To make cooperation with family tracing and reinte-

gration efforts mandatory.
Preventing separation
155 Organizations and authorities should make every Does national policy..

effort to prevent the separation of children from their
parents or primary caregivers, unless the best interests ..require local and international agencies providing
of the child so require, and ensure that their actions do emergency relief to have clear policies with regards
not inadvertently encourage family separation by provid- to providing holistic support to families and com-
ing services and benefits to children alone rather than to munities and the necessary care and protection of
families. children?
156 Separation initiated by the child’s parents or other ..guarantee State supervision of the registration of
primary caregivers should be prevented by: separated children ensuring that the data collected
(a) Ensuring that all households have access to basic food is confidential, secure and aimed primarily at facili-
and medical supplies and other services, including tating reunification?
education;
(b) Limiting the development of residential care options ..ensure the development of a suitable range of com-
and restricting their use to those situations where it is munity-based care options which are able to meet,
absolutely necessary. on a case-by-case basis, the differing requirements
of children for whom reunification is not possible?
B. Care arrangements ..provide sufficient safeguards to make certain that

all efforts to reunify children with their family have
157 Communities should be assisted in playing an ac- been exhausted before other permanent solutions,
tive role in monitoring and responding to care and pro- such as adoption, are sought?
tection issues facing children in their local context.
158 Care within a child’s own community, including and mutually compatible procedures, wherever possible.
fostering, should be encouraged, as it provides continu- They should ensure that the child and others concerned
ity in socialization and development. would not be endangered by their actions.
159 As unaccompanied or separated children may be 166 The validity of relationships and the confirmation
at heightened risk of abuse and exploitation, monitoring of the willingness of the child and family members to
and specific support to carers should be foreseen to en- be reunited must be verified for every child. No action
sure their protection. should be taken that may hinder eventual family reinte-
gration, such as adoption, change of name or movement
160 Children in emergency situations should not be to places far from the family’s likely location, until all
moved to a country other than that of their habitual resi- tracing efforts have been exhausted.
dence for alternative care except temporarily for compel-
ling health, medical or safety reasons. In that case, this 167 Appropriate records of any placement of a child
should be as close as possible to their home, they should should be made and kept in a safe and secure manner so
be accompanied by a parent or caregiver known to them, that reunification can be facilitated in the future.
and a clear return plan should be established.
161 Should family reintegration prove impossible with-

in an appropriate period or be deemed contrary to the
best interests of the child, stable and definitive solutions,
such as adoption or kafala of Islamic law, should be
envisaged; failing this, other long-term options should be
considered, such as foster care or appropriate residential
care, including group homes and other supervised living
arrangements.
C. Tracing and family reintegration
162 Identifying, registering and documenting unaccom-

panied or separated children are priorities in any emer-
gency and should be carried out as quickly as possible.
163 Registration activities should be conducted by or

under the direct supervision of State authorities and ex-
plicitly mandated entities with responsibility for and
experience in this task.
164 The confidential nature of the information collected

should be respected and systems put in place for safe for-
warding and storage of information. Information should
only be shared among duly mandated agencies for the
purpose of tracing, family reintegration and care.
165 All those engaged in tracing family members or

primary legal or customary caregivers should operate
within a coordinated system, using standardized forms
31
useful liNKS
United Nations Convention on the Rights of the Child (UNCRC):
• Full text of the convention: http://www2.ohchr.org/english/law/crc.htm

• Child friendly version: http://www.unicef.org/voy/media/rights_leaflet.pdf
• Check for the UNCRC in your language at http://www.unicef.org/voy/explore/rights/explore_2781.html
African Charter on the Rights and Welfare of the Child

http://www.africa-union.org/child/home.htm
Council of Europe Recommendation Rec(2005)5 on the rights of children living in residential institutions
http://www.coe.int/familypolicy (select ‘children in residential institutions’; available in English, Russian, Greek,
Polish, Estonian, Lithuanian, Icelandic, Czech and Serbian)
Quality4Children Standards (Q4C) - http://www.quality4children.info
Council of Europe & SOS Children’s Villages International: “Children and young people in care – Discover
your rights”- http://www.coe.int/t/transversalprojects/children/News/enfants%20institution/text%20flyer_en.asp
SOS Children’s Villages International - http://www.sos-childrensvillages.org
International Social Service - http://www.iss-ssi.org/
NGO Group for the Convention on the Rights of the Child - http://www.childrightsnet.org/
Child’s Rights Information Network (CRIN) - http://www.crin.org
Better Care Network - http://crin.org/bcn/
United Nations Children’s Fund (UNICEF) - http://www.unicef.org
Better Care Network & UNICEF: Manual for the Measurement of Indicators for Children in Formal Care
http://www.crin.org/BCN/details.asp?id=19618&themeID=1001&topicID=1011
imprint
Publisher: Responsible for the contents:
SOS Children‘s Villages International Christian Posch
Programme Development Graphic design, typeset:
Hermann-Gmeiner-Strasse 51 SOS Children‘s Villages International
6020 Innsbruck, Austria
Tel.: +43/1/310 23 98 Permission to reproduce General Assembly (A/RES/
Fax: +43/1/3 10 23 98 20 64/142) is granted free of charge by the United Nations.
E-mail: lao@sos-kd.org Permission is for non exclusive English print rights with
www.sos-childrensvillages.org proper credits. No commercial use is allowed.
Date of publication: November 2010.
www.sos-childrensvillages.ORG

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Guidelines for

the Alternative Care

Crossing borders in service and

SOS Children’s Villages

SOS Children’s Villages advocates for the rights of chil-

International Social Service (ISS) helps individuals,

ISS has developed a specific competence in the areas of

GUIDELINES FOR THE ALTERNATIVE CARE OF CHILDREN

Prof. Yanghee Lee

How to use this publication

Richard Pichler, Secretary-General, Jean Ayoub, Secretary-General,

I. PURPOSE II. GENERAL PRINCIPLES

16 Attention must be paid to promoting and safeguard-

23 While recognizing that residential care facilities and

Measures to promote application Does national policy..

for the purposes of the present Guidelines, the child is

31 Competent authorities and others concerned are

children with mental and physical disabilities or other

Does national policy..

IV. PREVENTING ..ensure the systematic collection of relevant data

..foresee appropriate interventions to support and

(c) Youth policies aiming at empowering youth to face

35 Various complementary methods and techniques

36 Special attention should be paid, in accordance with

and care services for single and adolescent parents and

38 States should ensure opportunities for day care,

Preventing family separation

39 Proper criteria based on sound professional princi-

50 The aims of the reintegration and the family’s and

should be set out in writing and agreed on by all con-

51 Regular and appropriate contact between the child

55 States should ensure that all entities and individuals

56 With regard to informal care arrangements for the

ties accordingly so that they and the child may receive

..provide a suitable regulatory framework to ensure VI. DETERMINATION OF THE

fessionals responsible for determining the best form of

58 Assessment should be carried out expeditiously,

59 The resulting initial and review reports should be

wards, with a view to, inter alia, avoiding undue disrup-

60 Frequent changes in care setting are detrimental to

77 Competent authorities should, where appropriate, en-

2. General conditions applying to all forms of Does national policy..

enable them to be effectively protected against abuse.

97 Use of force and restraints of whatever nature should

guarding the child’s or others’ physical or psychological

be granted and be regularly reviewed by the competent

107 All agencies and facilities should develop a staff

108 The forms of financing care provision should never

112 All alternative care services should have a clear

114 Conditions of work, including remuneration, for

115 Training should be provided to all carers on the

vulnerability of children, in particularly difficult situ-

C. Residential care 130 States should be encouraged to ensure that an in-

E. Support for aftercare

132 The process of transition from care to aftercare

appropriate support system, ensuring, inter alia, avoid-

VIII. CARE PROVISION FOR

147 In order to assist in planning the future of an un-

154 In such circumstances, the State or de facto authori-

16 Attention must be paid to promoting and safeguard-

23 While recognizing that residential care facilities and

31 Competent authorities and others concerned are

35 Various complementary methods and techniques

36 Special attention should be paid, in accordance with

38 States should ensure opportunities for day care,

39 Proper criteria based on sound professional princi-

50 The aims of the reintegration and the family’s and

51 Regular and appropriate contact between the child

55 States should ensure that all entities and individuals

56 With regard to informal care arrangements for the

58 Assessment should be carried out expeditiously,

59 The resulting initial and review reports should be

60 Frequent changes in care setting are detrimental to

77 Competent authorities should, where appropriate, en-

97 Use of force and restraints of whatever nature should

107 All agencies and facilities should develop a staff

108 The forms of financing care provision should never

112 All alternative care services should have a clear

114 Conditions of work, including remuneration, for

115 Training should be provided to all carers on the

C. Residential care 130 States should be encouraged to ensure that an in-

132 The process of transition from care to aftercare

147 In order to assist in planning the future of an un-

154 In such circumstances, the State or de facto authori-

155 Organizations and authorities should make every Does national policy..

161 Should family reintegration prove impossible with-

162 Identifying, registering and documenting unaccom-

163 Registration activities should be conducted by or

164 The confidential nature of the information collected

165 All those engaged in tracing family members or