A/HRC/11/L.11
page 48
55.
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 authorities accordingly so that they and the child may receive any
necessary financial and other support that would promote the child’s welfare and protection.
Where possible and appropriate, States should encourage and enable informal caregivers, with
the consent of the child and parents concerned, to formalize the care arrangement after a suitable
lapse of time, to the extent that the arrangement has proved to be in the child’s best interests to
date and is expected to continue in the foreseeable future.
VI. DETERMINATION OF THE MOST APPROPRIATE FORM OF CARE
56.
Decision-making on alternative care in the best interests of the child should take place
through a judicial, administrative or other adequate and recognized procedure, with legal
safeguards, including, where appropriate, legal representation on behalf of children in any legal
proceedings. It should be based on rigorous assessment, planning and review, through
established structures and mechanisms, and carried out on a case-by-case basis, by suitably
qualified professionals in a multidisciplinary team, wherever possible. It should involve full
consultation at all stages with the child, according to his/her evolving capacities, and with his/her
parents or legal guardians. To this end, all concerned should be provided with the necessary
information on which to base their opinion. States should make every effort to provide adequate
resources and channels for the training and recognition of the professionals responsible for
determining the best form of care so as to facilitate compliance with these provisions.
57.
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.
58.
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 onwards, with a view to,
inter alia, avoiding undue disruption and contradictory decisions.
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