A/RES/64/142
(d) To prohibit the establishment of new residential facilities structured to
provide simultaneous care to large groups of children on a permanent or long-term
basis;
(e) To prevent the cross-border displacement of children, except under the
circumstances described in paragraph 160 below;
(f) To make cooperation with family tracing and reintegration efforts
mandatory.
Preventing separation
155. Organizations and authorities should make every effort to prevent the
separation of children from their parents or primary caregivers, unless the best
interests of the child so require, and ensure that their actions do not inadvertently
encourage family separation by providing services and benefits to children alone
rather than to families.
156. Separation initiated by the child’s parents or other primary caregivers should
be prevented by:
(a) Ensuring that all households have access to basic food and medical
supplies and other services, including education;
(b) Limiting the development of residential care options and restricting their
use to those situations where it is absolutely necessary.
B.
Care arrangements
157. Communities should be assisted in playing an active role in monitoring and
responding to care and protection issues facing children in their local context.
158. Care within a child’s own community, including fostering, should be
encouraged, as it provides continuity in socialization and development.
159. As unaccompanied or separated children may be at heightened risk of abuse
and exploitation, monitoring and specific support to carers should be foreseen to
ensure their protection.
160. Children in emergency situations should not be moved to a country other than
that of their habitual residence for alternative care except temporarily for
compelling health, medical or safety reasons. In that case, this should be as close as
possible to their home, they should be accompanied by a parent or caregiver known
to them, and a clear return plan should be established.
161. Should family reintegration prove impossible within an appropriate period or
be deemed contrary to the best interests of the child, stable and definitive solutions,
such as adoption or kafala of Islamic law, should be envisaged; failing this, other
long-term options should be considered, such as foster care or appropriate
residential care, including group homes and other supervised living arrangements.
C.
Tracing and family reintegration
162. Identifying, registering and documenting unaccompanied or separated children
are priorities in any emergency and should be carried out as quickly as possible.
163. Registration activities should be conducted by or under the direct supervision
of State authorities and explicitly mandated entities with responsibility for and
experience in this task.
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