A/RES/64/142
Preventing family separation
39. Proper criteria based on sound professional principles should be developed and
consistently applied for assessing the child’s and the family’s situation, including
the family’s actual and potential capacity to care for the child, in cases where the
competent authority or agency has reasonable grounds to believe that the well-being
of the child is at risk.
40. Decisions regarding removal or reintegration should be based on this
assessment and should be made by suitably qualified and trained professionals, on
behalf of or authorized by a competent authority, in full consultation with all
concerned and bearing in mind the need to plan for the child’s future.
41. States are encouraged to adopt measures for the integral protection and
guarantee of rights during pregnancy, birth and the breastfeeding period, in order to
ensure conditions of dignity and equality for the adequate development of the
pregnancy and the care of the child. Therefore, support programmes should be
provided to future mothers and fathers, particularly adolescent parents, who have
difficulty exercising their parental responsibilities. Such programmes should aim at
empowering mothers and fathers to exercise their parental responsibilities in
conditions of dignity and at avoiding their being induced to surrender their child
because of their vulnerability.
42. When a child is relinquished or abandoned, States should ensure that this may
take place in conditions of confidentiality and safety for the child, respecting his/her
right to access information on his/her origins where appropriate and possible under
the law of the State.
43. States should formulate clear policies to address situations where a child has
been abandoned anonymously, which indicate whether and how family tracing
should be undertaken and reunification or placement within the extended family
pursued. Policies should also allow for timely decision-making on the child’s
eligibility for permanent family placement and for arranging such placements
expeditiously.
44. When a public or private agency or facility is approached by a parent or legal
guardian wishing to relinquish a child permanently, the State should ensure that the
family receives counselling and social support to encourage and enable them to
continue to care for the child. If this fails, a social worker or other appropriate
professional assessment should be undertaken to determine whether there are other
family members who wish to take permanent responsibility for the child, and
whether such arrangements would be in the best interests of the child. Where such
arrangements are not possible or are not in the best interests of the child, efforts
should be made to find a permanent family placement within a reasonable period.
45. When a public or private agency or facility is approached by a parent or
caregiver wishing to place a child in care for a short or indefinite period, the State
should ensure the availability of counselling and social support to encourage and
enable him or her to continue to care for the child. A child should be admitted to
alternative care only when such efforts have been exhausted and acceptable and
justified reasons for entry into care exist.
46. Specific training should be provided to teachers and others working with
children in order to help them to identify situations of abuse, neglect, exploitation or
risk of abandonment and to refer such situations to competent bodies.
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