A/RES/64/142
56. With regard to informal care arrangements for the child, whether within the
extended family, with friends or with other parties, States should, where appropriate,
encourage such carers to notify the competent authorities accordingly so that they
and the child may receive any necessary financial and other support that would
promote the child’s welfare and protection. Where possible and appropriate, States
should encourage and enable informal caregivers, with the consent of the child and
parents concerned, to formalize the care arrangement after a suitable lapse of time,
to the extent that the arrangement has proved to be in the best interests of the child
to date and is expected to continue in the foreseeable future.
VI. Determination of the most appropriate form of care
57. Decision-making on alternative care in the best interests of the child should
take place through a judicial, administrative or other adequate and recognized
procedure, with legal safeguards, including, where appropriate, legal representation
on behalf of children in any legal proceedings. It should be based on rigorous
assessment, planning and review, through established structures and mechanisms,
and should be 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.
58. 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 longer-term 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.
59. 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.
60. 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 21 above applies, in stable and
appropriate residential care.
61. 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.
62. 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, the child’s cultural, linguistic and religious background,
and the child’s relationships with siblings, with a view to avoiding their separation.
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