A/HRC/11/37
29.
The scope of alternative care as foreseen in the present Guidelines does not extend,
however, to:
(a)
Persons under the age of 18 years who are deprived of their liberty by
decision of a judicial or administrative authority as a result of being alleged as, accused of
or recognized as having infringed the law, and whose situation is covered by the United
Nations Standard Minimum Rules for the Administration of Juvenile Justice and the United
Nations Rules for the Protection of Juveniles Deprived of their Liberty;
(b)
Care by adoptive parents from the moment the child concerned is effectively
placed in their custody pursuant to a final adoption order, as of which moment, for the
purposes of the present Guidelines, the child is considered to be in parental care. The
Guidelines are, however, applicable to pre-adoption or probationary placement of a child
with the prospective adoptive parents, as far as they are compatible with requirements
governing such placements as stipulated in other relevant international instruments;
(c)
Informal arrangements whereby a child voluntarily stays with relatives or
friends for recreational purposes and reasons not connected with the parents’ general
inability or unwillingness to provide adequate care.
30.
Competent authorities and others concerned are also encouraged to make use of the
present Guidelines, as applicable, at boarding schools, hospitals, centres for 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.
IV.
A.
Preventing the need for alternative care
Promoting parental care
31.
States should pursue policies that ensure support for families in meeting their
responsibilities towards the child and promote the right of the child to have a relationship
with both parents. These policies should address the root causes of child abandonment,
relinquishment and separation of the child from his/her family by ensuring, inter alia, the
right to birth registration, access to adequate housing and to basic health, education and
social welfare services, as well as by promoting measures to combat poverty,
discrimination, marginalization, stigmatization, violence, child maltreatment and sexual
abuse, and substance abuse.
32.
States should develop and implement consistent and mutually reinforcing familyoriented policies designed to promote and strengthen parents’ ability to care for their
children.
33.
States should implement effective measures to prevent child abandonment,
relinquishment and separation of the child from his/her family. Social policies and
programmes should, inter alia, empower families with attitudes, skills, capacities and tools
to enable them to provide adequately for the protection, care and development of their
children. The complementary capacities of the State and civil society, including nongovernmental and community-based organizations, religious leaders and the media should
be engaged to this end. These social protection measures should include:
(a)
Family strengthening services, such as parenting courses and sessions, the
promotion of positive parent-child relationships, conflict resolution skills, opportunities for
employment, income-generation and, where required, social assistance;
(b)
Supportive social services, such as day care, mediation and conciliation
services, substance abuse treatment, financial assistance, and services for parents and
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