A/HRC/11/L.11
page 46
43.
When a public or private agency or facility is approached by a parent or legal guardian
wishing to relinquish a child permanently, the State should ensure that the family receives
counselling and social support to encourage and enable them to continue to care for the child. If
this fails, a social worker or other appropriate professional assessment should be undertaken to
determine whether there are other family members who wish to take permanent responsibility for
the child, and whether such arrangements would be in the child’s best interests. Where such
arrangements are not possible or in the child’s best interests, efforts should be made to find a
permanent family placement within a reasonable period.
44.
When a public or private agency or facility is approached by a parent or caregiver wishing
to place a child in care for a short or indefinite period, the State should ensure the availability of
counselling and social support to encourage and enable them to continue to care for the child. A
child should be admitted to alternative care only when such efforts have been exhausted and
acceptable and justified reasons for entry into care exist.
45.
Specific training should be provided to teachers and others working with children, in order
to help them to identify situations of abuse, neglect, exploitation or risk of abandonment and to
refer such situations to competent bodies.
46.
Any decision to remove a child against the will of his/her parents must be made by
competent authorities, in accordance with applicable law and procedures and subject to judicial
review, the parents being assured the right of appeal and access to appropriate legal
representation.
47.
When the child’s sole or main carer may be the subject of deprivation of liberty as a result
of preventive detention or sentencing decisions, non-custodial remand measures and sentences
should be taken in appropriate cases wherever possible, the best interests of the child being given
due consideration. States should take into account the best interests of the child when deciding
whether to remove children born in prison and children living in prison with a parent. The
removal of such children should be treated in the same way as other instances where separation
is considered. Best efforts should be made to ensure that children remaining in custody with their
parent benefit from adequate care and protection, while guaranteeing their own status as free
individuals and access to activities in the community.
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