A/RES/64/142
47. Any decision to remove a child against the will of his/her parents must be
made by competent authorities, in accordance with applicable law and procedures
and subject to judicial review, the parents being assured the right of appeal and
access to appropriate legal representation.
48. When the child’s sole or main carer may be the subject of deprivation of
liberty as a result of preventive detention or sentencing decisions, non-custodial
remand measures and sentences should be taken in appropriate cases wherever
possible, the best interests of the child being given due consideration. States should
take into account the best interests of the child when deciding whether to remove
children born in prison and children living in prison with a parent. The removal of
such children should be treated in the same way as other instances where separation
is considered. Best efforts should be made to ensure that children remaining in
custody with their parent benefit from adequate care and protection, while
guaranteeing their own status as free individuals and access to activities in the
community.
B.
Promoting family reintegration
49. In order to prepare and support the child and the family for his/her possible
return to the family, his/her situation should be assessed by a duly designated
individual or team with access to multidisciplinary advice, in consultation with the
different actors involved (the child, the family, the alternative caregiver), so as to
decide whether the reintegration of the child in the family is possible and in the best
interests of the child, which steps this would involve and under whose supervision.
50. The aims of the reintegration and the family’s and alternative caregiver’s
principal tasks in this respect should be set out in writing and agreed on by all
concerned.
51. Regular and appropriate contact between the child and his/her family
specifically for the purpose of reintegration should be developed, supported and
monitored by the competent body.
52. Once decided, the reintegration of the child in his/her family should be
designed as a gradual and supervised process, accompanied by follow-up and
support measures that take account of the child’s age, needs and evolving capacities,
as well as the cause of the separation.
V.
Framework of care provision
53. In order to meet the specific psychoemotional, social and other needs of each
child without parental care, States should take all necessary measures to ensure that
the legislative, policy and financial conditions exist to provide for adequate
alternative care options, with priority to family- and community-based solutions.
54. States should ensure the availability of a range of alternative care options,
consistent with the general principles of the present Guidelines, for emergency,
short-term and long-term care.
55. States should ensure that all entities and individuals engaged in the provision
of alternative care for children receive due authorization to do so from a competent
authority and are subject to regular monitoring and review by the latter in keeping
with the present Guidelines. To this end, these authorities should develop
appropriate criteria for assessing the professional and ethical fitness of care
providers and for their accreditation, monitoring and supervision.
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