A/HRC/11/37
66.
States should ensure the right of any child who has been placed in temporary care to
regular and thorough review — preferably at least every three months — of the
appropriateness of his/her care and treatment, taking into account notably his/her personal
development and any changing needs, developments in his/her family environment, and the
adequacy and necessity of the current placement in these lights. The review should be
carried out by duly qualified and authorized persons, and fully involve the child and all
relevant persons in the child’s life.
67.
The child should be prepared for all changes of care settings resulting from the
planning and review processes.
VII. Provision of alternative care
A.
Policies
68.
It is a responsibility of the State or appropriate level of government to ensure the
development and implementation of coordinated policies regarding formal and informal
care for all children who are without parental care. Such policies should be based on sound
information and statistical data. They should define a process for determining who has
responsibility for a child, taking into account the role of the child’s parents or principal
caregivers in his/her protection, care and development. Presumptive responsibility, unless
shown to be otherwise, is with the child’s parents or principal caregivers.
69.
All State entities involved in the referral of, and assistance to, children without
parental care, in cooperation with civil society, should adopt policies and procedures which
favour information-sharing and networking between agencies and individuals in order to
ensure effective care, aftercare and protection for these children. The location and/or design
of the agency responsible for the oversight of alternative care should be established so as to
maximize its accessibility to those who require the services provided.
70.
Special attention should be paid to the quality of alternative care provision, both in
residential and family-based care, in particular with regard to the professional skills,
selection, training and supervision of carers. Their role and functions should be clearly
defined and clarified with respect to those of the child’s parents or legal guardians.
71.
In each country, the competent authorities should draw up a document setting out
the rights of children in alternative care in keeping with the present Guidelines. Children in
alternative care should be enabled to understand fully the rules, regulations and objectives
of the care setting and their rights and obligations therein.
72.
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 their
responsibilities to the child that reflects the standards set by the Convention on the Rights
of the Child, the present Guidelines and applicable law. All providers should be
appropriately qualified or approved in accordance with legal requirements to provide
alternative care services.
73.
A regulatory framework should be established to ensure a standard process for the
referral or admission of a child to an alternative care setting.
74.
Cultural and religious practices regarding provision of alternative care, including
those related to gender perspectives, should be respected and promoted to the extent that
they can be shown to be consistent with the children’s rights and best interests. The process
of considering whether such practices should be promoted should be carried out in a
broadly participatory way, involving the cultural and religious leaders concerned,
34
GE.09-16766
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