A/RES/64/142
103. Persons exercising such legal responsibility should be reputable individuals
with relevant knowledge of children’s issues, an ability to work directly with
children and an understanding of any special and cultural needs of the children to be
entrusted to them. They should receive appropriate training and professional support
in this regard. They should be in a position to make independent and impartial
decisions that are in the best interests of the children concerned and that promote
and safeguard each child’s welfare.
104. The role and specific responsibilities of the designated person or entity should
include:
(a) Ensuring that the rights of the child are protected and, in particular, that
the child has appropriate care, accommodation, health-care provision, developmental
opportunities, psychosocial support, education and language support;
(b) Ensuring that the child has access to legal and other representation where
necessary, consulting with the child so that the child’s views are taken into account
by decision-making authorities, and advising and keeping the child informed of
his/her rights;
(c) Contributing to the identification of a stable solution in the best interests
of the child;
(d) Providing a link between the child and various organizations that may
provide services to the child;
(e)
Assisting the child in family tracing;
(f) Ensuring that, if repatriation or family reunification is carried out, it is
done in the best interests of the child;
(g)
1.
Helping the child to keep in touch with his/her family, when appropriate.
Agencies and facilities responsible for formal care
105. Legislation should stipulate that all agencies and facilities must be registered
and authorized to operate by social welfare services or another competent authority,
and that failure to comply with such legislation constitutes an offence punishable by
law. Authorization should be granted and be regularly reviewed by the competent
authorities on the basis of standard criteria covering, at a minimum, the agency’s or
facility’s objectives, functioning, staff recruitment and qualifications, conditions of
care and financial resources and management.
106. All agencies and facilities should have written policy and practice statements,
consistent with the present Guidelines, setting out clearly their aims, policies,
methods and the standards applied for the recruitment, monitoring, supervision and
evaluation of qualified and suitable carers to ensure that those aims are met.
107. All agencies and facilities should develop a staff code of conduct, consistent
with the present Guidelines, that defines the role of each professional and of the
carers in particular and includes clear reporting procedures on allegations of
misconduct by any team member.
108. The forms of financing care provision should never be such as to encourage a
child’s unnecessary placement or prolonged stay in care arrangements organized or
provided by an agency or facility.
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