A/HRC/11/37
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 longerterm 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.
59.
Frequent changes in care setting are detrimental to the child’s development and
ability to form attachments, and should be avoided. Short-term placements should aim at
enabling an appropriate permanent solution to be arranged. Permanency for the child should
be secured without undue delay through reintegration in his/her nuclear or extended family
or, if this is not possible, in an alternative stable family setting or, where paragraph 20
above applies, in stable and appropriate residential care.
60.
Planning for care provision and permanency should be carried out from the earliest
possible time, ideally before the child enters care, taking into account the immediate and
longer-term advantages and disadvantages of each option considered, and should comprise
short- and long-term propositions.
61.
Planning for care provision and permanency should be based on, notably, the nature
and quality of the child’s attachment to his/her family; the family’s capacity to safeguard
the child’s well-being and harmonious development; the child’s need or desire to feel part
of a family; the desirability of the child remaining within his/her community and country;
his/her cultural, linguistic and religious background; and relationships with siblings, with a
view to avoiding their separation.
62.
The plan should clearly state, inter alia, the goals of the placement and the measures
to achieve them.
63.
The child and his/her parents or legal guardians should be fully informed about the
alternative care options available, the implications of each option and their rights and
obligations in the matter.
64.
The preparation, enforcement and evaluation of a protective measure for a child
should be carried out, to the greatest extent possible, with the participation of his/her
parents or legal guardians and potential foster carers and caregivers, with respect to his/her
particular needs, convictions and special wishes. At the request of the child, parents or legal
guardians, other important persons in the child’s life may also be consulted in any decisionmaking process, at the discretion of the competent authority.
65.
States should ensure that any child who has been placed in alternative care by a
properly constituted court, tribunal or administrative or other competent body, as well as
his/her parents or others with parental responsibility, are given the opportunity to make
representations on the placement decision before a court, are informed of their rights to
make such representations and are assisted in doing so.
GE.09-16766
33
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents