A/RES/64/142
63. The plan should clearly state, inter alia, the goals of the placement and the
measures to achieve them.
64. The child and his/her parents or legal guardians should be fully informed about
the alternative care options available, the implications of each option and their
rights and obligations in the matter.
65. The preparation, enforcement and evaluation of a protective measure for a
child should be carried out, to the greatest extent possible, with the participation of
his/her parents or legal guardians and potential foster carers and caregivers, with
respect to his/her particular needs, convictions and special wishes. At the request of
the child, parents or legal guardians, other important persons in the child’s life may
also be consulted in any decision-making process, at the discretion of the competent
authority.
66. States should ensure that any child who has been placed in alternative care by
a properly constituted court, tribunal or administrative or other competent body, as
well as his/her parents or others with parental responsibility, are given the
opportunity to make representations on the placement decision before a court, are
informed of their rights to make such representations and are assisted in doing so.
67. States should ensure the right of any child who has been placed in temporary
care to regular and thorough review – preferably at least every three months – of the
appropriateness of his/her care and treatment, taking into account, notably, his/her
personal development and any changing needs, developments in his/her family
environment, and the adequacy and necessity of the current placement in these
circumstances. The review should be carried out by duly qualified and authorized
persons, and should fully involve the child and all relevant persons in the child’s life.
68. The child should be prepared for all changes of care settings resulting from the
planning and review processes.
VII. Provision of alternative care
A.
Policies
69. It is a responsibility of the State or appropriate level of government to ensure
the development and implementation of coordinated policies regarding formal and
informal care for all children who are without parental care. Such policies should be
based on sound information and statistical data. They should define a process for
determining who has responsibility for a child, taking into account the role of the
child’s parents or principal caregivers in his/her protection, care and development.
Presumptive responsibility, unless shown to be otherwise, is with the child’s parents
or principal caregivers.
70. All State entities involved in the referral of, and assistance to, children without
parental care, in cooperation with civil society, should adopt policies and procedures
which favour information-sharing and networking between agencies and individuals
in order to ensure effective care, aftercare and protection for these children. The
location and/or design of the agency responsible for the oversight of alternative care
should be established so as to maximize its accessibility to those who require the
services provided.
71. Special attention should be paid to the quality of alternative care provision,
both in residential and in family-based care, in particular with regard to the
professional skills, selection, training and supervision of carers. Their role and
functions should be clearly defined and clarified with respect to those of the child’s
parents or legal guardians.
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