A/RES/64/142
72. In each country, the competent authorities should draw up a document setting
out the rights of children in alternative care in keeping with the present Guidelines.
Children in alternative care should be enabled to understand fully the rules,
regulations and objectives of the care setting and their rights and obligations therein.
73. All alternative care provision should be based on a written statement of the
provider’s aims and objectives in providing the service and the nature of the
provider’s responsibilities to the child that reflects the standards set by the
Convention on the Rights of the Child,2 the present Guidelines and applicable law.
All providers should be appropriately qualified or approved in accordance with legal
requirements to provide alternative care services.
2H
74. A regulatory framework should be established to ensure a standard process for
the referral or admission of a child to an alternative care setting.
75. Cultural and religious practices regarding the provision of alternative care,
including those related to gender perspectives, should be respected and promoted to
the extent that they can be shown to be consistent with the rights and best interests
of the children. The process of considering whether such practices should be
promoted should be carried out in a broadly participatory way, involving the cultural
and religious leaders concerned, professionals and those caring for children without
parental care, parents and other relevant stakeholders, as well as the children
themselves.
1.
Informal care
76. With a view to ensuring that appropriate conditions of care are met in informal
care provided by individuals or families, States should recognize the role played by
this type of care and take adequate measures to support its optimal provision on the
basis of an assessment of which particular settings may require special assistance or
oversight.
77. Competent authorities should, where appropriate, encourage informal carers to
notify the care arrangement and should seek to ensure their access to all available
services and benefits likely to assist them in discharging their duty to care for and
protect the child.
78. The State should recognize the de facto responsibility of informal carers for
the child.
79. States should devise special and appropriate measures designed to protect
children in informal care from abuse, neglect, child labour and all other forms of
exploitation, with particular attention to informal care provided by non-relatives, or
by relatives previously unknown to the children or living far from the children’s
habitual place of residence.
2.
General conditions applying to all forms of formal alternative care
arrangements
80. The transfer of a child into alternative care should be carried out with the
utmost sensitivity and in a child-friendly manner, in particular involving specially
trained and, in principle, non-uniformed personnel.
81. When a child is placed in alternative care, contact with his/her family, as well
as with other persons close to him or her, such as friends, neighbours and previous
carers, should be encouraged and facilitated, in keeping with the child’s protection
and best interests. The child should have access to information on the situation of
his/her family members in the absence of contact with them.
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