A/RES/64/142
28. Principles in the present Guidelines are also applicable, as appropriate, to
young persons already in alternative care and who need continuing care or support
for a transitional period after reaching the age of majority under applicable law.
29. For the purposes of the present Guidelines, and subject, notably, to the
exceptions listed in paragraph 30 below, the following definitions shall apply:
(a) Children without parental care: all children not in the overnight care of at
least one of their parents, for whatever reason and under whatever circumstances.
Children without parental care who are outside their country of habitual residence or
victims of emergency situations may be designated as:
(i) “Unaccompanied” if they are not cared for by another relative or an adult
who by law or custom is responsible for doing so; or
(ii) “Separated” if they are separated from a previous legal or customary
primary caregiver, but who may nevertheless be accompanied by another
relative;
(b)
Alternative care may take the form of:
(i) Informal care: any private arrangement provided in a family
environment, whereby the child is looked after on an ongoing or indefinite
basis by relatives or friends (informal kinship care) or by others in their
individual capacity, at the initiative of the child, his/her parents or other person
without this arrangement having been ordered by an administrative or judicial
authority or a duly accredited body;
(ii) Formal care: all care provided in a family environment which has been
ordered by a competent administrative body or judicial authority, and all care
provided in a residential environment, including in private facilities, whether
or not as a result of administrative or judicial measures;
(c)
may be:
With respect to the environment where it is provided, alternative care
(i) Kinship care: family-based care within the child’s extended family or
with close friends of the family known to the child, whether formal or informal
in nature;
(ii) Foster care: situations where children are placed by a competent
authority for the purpose of alternative care in the domestic environment of a
family other than the children’s own family that has been selected, qualified,
approved and supervised for providing such care;
(iii) Other forms of family-based or family-like care placements;
(iv) Residential care: care provided in any non-family-based group setting,
such as places of safety for emergency care, transit centres in emergency
situations, and all other short- and long-term residential care facilities,
including group homes;
(v)
Supervised independent living arrangements for children;
(d)
With respect to those responsible for alternative care:
(i) Agencies are the public or private bodies and services that organize
alternative care for children;
(ii) Facilities are the individual public or private establishments that provide
residential care for children.
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