A/RES/64/142 103. Persons exercising such legal responsibility should be reputable individuals with relevant knowledge of children’s issues, an ability to work directly with children and an understanding of any special and cultural needs of the children to be entrusted to them. They should receive appropriate training and professional support in this regard. They should be in a position to make independent and impartial decisions that are in the best interests of the children concerned and that promote and safeguard each child’s welfare. 104. The role and specific responsibilities of the designated person or entity should include: (a) Ensuring that the rights of the child are protected and, in particular, that the child has appropriate care, accommodation, health-care provision, developmental opportunities, psychosocial support, education and language support; (b) Ensuring that the child has access to legal and other representation where necessary, consulting with the child so that the child’s views are taken into account by decision-making authorities, and advising and keeping the child informed of his/her rights; (c) Contributing to the identification of a stable solution in the best interests of the child; (d) Providing a link between the child and various organizations that may provide services to the child; (e) Assisting the child in family tracing; (f) Ensuring that, if repatriation or family reunification is carried out, it is done in the best interests of the child; (g) 1. Helping the child to keep in touch with his/her family, when appropriate. Agencies and facilities responsible for formal care 105. Legislation should stipulate that all agencies and facilities must be registered and authorized to operate by social welfare services or another competent authority, and that failure to comply with such legislation constitutes an offence punishable by law. Authorization should be granted and be regularly reviewed by the competent authorities on the basis of standard criteria covering, at a minimum, the agency’s or facility’s objectives, functioning, staff recruitment and qualifications, conditions of care and financial resources and management. 106. All agencies and facilities should have written policy and practice statements, consistent with the present Guidelines, setting out clearly their aims, policies, methods and the standards applied for the recruitment, monitoring, supervision and evaluation of qualified and suitable carers to ensure that those aims are met. 107. All agencies and facilities should develop a staff code of conduct, consistent with the present Guidelines, that defines the role of each professional and of the carers in particular and includes clear reporting procedures on allegations of misconduct by any team member. 108. The forms of financing care provision should never be such as to encourage a child’s unnecessary placement or prolonged stay in care arrangements organized or provided by an agency or facility. 16

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