A/HRC/11/L.11
page 50
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.
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.
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