A/HRC/11/37
(f)
Ensuring that, if repatriation or family reunification is carried out, it is done
in the best interests of the child;
(g)
1.
Helping the child to keep in touch with his/her family, when appropriate.
Agencies and facilities responsible for formal care
104. Legislation should stipulate that all agencies and facilities must be registered and
authorized to operate by social welfare services or another competent authority, and that
failure to comply with such legislation constitutes an offence punishable by law.
Authorization should be granted and regularly reviewed by the competent authorities on the
basis of standard criteria covering, at a minimum, the agency’s or facility’s objectives,
functioning, staff recruitment and qualifications, conditions of care and financial resources
and management.
105. All agencies and facilities should have written policy and practice statements
consistent with the present Guidelines, setting out clearly their aims, policies, methods and
the standards applied for the recruitment, monitoring, supervision and evaluation of
qualified and suitable carers to ensure that those aims are met.
106. All agencies and facilities should develop a staff code of conduct, consistent with
the present Guidelines, 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.
107. 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 provided by an
agency or facility.
108. Comprehensive and up-to-date records should be maintained regarding the
administration of alternative care services, including detailed files on all children in their
care, staff employed and financial transactions.
109. The records on children in care should be complete, up to date, confidential and
secure, and include information on their admission and departure and the form, content and
details of the care placement of each child, together with any appropriate identity
documents and other personal information. Information on the child’s family should be
included in the child’s file as well as in the reports based on regular evaluations. This
record should follow the child throughout the alternative care period and be consulted by
duly authorized professionals responsible for his/her current care.
110. The above-mentioned records could be made available to the child, as well as to the
parents or guardians, within the limits of the child’s right to privacy and confidentiality, as
appropriate. Appropriate counselling should be provided before, during and after
consultation of the record.
111. All alternative care services should have a clear policy on maintaining the
confidentiality of information pertaining to each child, which all carers are aware of and
adhere to.
112. As a matter of good practice, all agencies and facilities should systematically ensure
that, prior to employment, carers and other staff in direct contact with children undergo an
appropriate and comprehensive assessment of their suitability to work with children.
113. Conditions of work, including remuneration, for carers employed by agencies and
facilities should be such as to maximize motivation, job satisfaction and continuity, and
hence their disposition to fulfil their role in the most appropriate and effective manner.
38
GE.09-16766
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