DOCSLIB.ORG

Guide to Good Practice No 1

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Guide to Good Practice No 1 JOR.062 Hague Conf Bk Cover_6 20/8/08 14:19 Page 1 The Implementation and Operation of the 1993 Hague Intercountry Adoption Convention GUIDE TO GOOD PRACTICE Guide No.1 b THE IMPLEMENTATION AND OPERATION OF THE 1993 HAGUE INTERCOUNTRY ADOPTION CONVENTION: GUIDE TO GOOD PRACTICE Guide No 1 THE IMPLEMENTATION AND OPERATION OF THE 1993 HAGUE INTERCOUNTRY ADOPTION CONVENTION: GUIDE TO GOOD PRACTICE Guide No 1 under the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption Published by Family Law A publishing imprint of Jordan Publishing Limited 21 St Thomas Street Bristol BSI 6JS For the Hague Conference on Private International Law Permanent Bureau 6, Scheveningseweg 2517 KT The Hague The Netherlands Telephone +31(0)70 363 3303 fax +31(0)70 360 4867 e-mail [email protected] website http://www.hcch.net © Hague Conference on Private International Law 2008 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any way or by any means, including photocopying or recording, without the written permission of the copyright holder, application for which should be addressed to the publisher. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library ISBN 978 1 84661 144 5 Printed in Great Britain by Anthony Rowe Limited. Cover picture by Marcus Luis Frost Jorgensen, aged 5, of Denmark. TABLE OF CONTENTS Page GLOSSARY 15 INTRODUCTION 17 PART I: THE FRAMEWORK OF THE CONVENTION 19 CHAPTER 1 – PRELIMINARY MATTERS 21 CHAPTER 2 – GENERAL PRINCIPLES OF THE CONVENTION 27 CHAPTER 3 – KEY OPERATING PRINCIPLES 40 CHAPTER 4 – INSTITUTIONAL STRUCTURES: CENTRAL AUTHORITIES AND ACCREDITED BODIES 45 CHAPTER 5 – REGULATING THE COSTS OF INTERCOUNTRY ADOPTION 60 PART II: THE FRAMEWORK FOR PROTECTION OF CHILDREN (THE NATIONAL AND INTERNATIONAL FRAMEWORK) 67 CHAPTER 6 – THE NATIONAL CHILD CARE CONTEXT AND NATIONAL ADOPTION 69 CHAPTER 7 – THE INTERCOUNTRY ADOPTION PROCESS UNDER THE CONVENTION 79 CHAPTER 8 – LEGAL ISSUES SURROUNDING IMPLEMENTATION 99 CHAPTER 9 – POST-ADOPTION MATTERS 123 CHAPTER 10 – PREVENTING ABUSES OF THE CONVENTION 131 PART III: ANNEXES 137 INDEX OF CONVENTION ARTICLES Index 1 6 DETAILED TABLE OF CONTENTS Page GLOSSARY 15 INTRODUCTION 17 PART I: THE FRAMEWORK OF THE CONVENTION 19 CHAPTER 1 – PRELIMINARY MATTERS 21 1.1 The need for the Convention 21 1.2 Brief history of the Convention 22 1.3 Purpose of the Convention 24 1.4 Contemplating becoming a Party to the Convention 24 1.5 Assessment of the current situation 24 1.6 An implementation plan 24 1.7 Developing an implementation plan 25 Diagram of the process towards implementation 26 CHAPTER 2 – GENERAL PRINCIPLES OF THE CONVENTION 27 Outline of general principles 27 2.1 Ensuring adoptions take place in the best interests of the child and with respect for his or her fundamental rights 28 2.1.1 Subsidiarity 29 2.1.2 Non-discrimination 30 2.1.3 Measures supporting the best interests principle 31 2.1.3.1 Ensuring the child is adoptable – meeting the requirements of Convention Chapters II and IV 31 2.1.3.2 Preserving information 31 2.1.3.3 Matching with a suitable family 31 2.2 Establishing safeguards to prevent abduction, sale and trafficking in children for adoption 32 2.2.1 Protection of families 32 2.2.2 Combating abduction, sale and trafficking in children 33 2.2.3 Ensuring that proper consents are given 34 2.2.3.1 Obtaining consents without inducement 35 2.2.3.2 Preventing solicitation 35 2.2.3.3 Payment of expenses of birth family 36 2.2.4 Preventing improper financial gain and corruption 36 2.3 Establishing co-operation between States 37 2.3.1 Co-operation between Central Authorities 38 2.3.2 Co-operation regarding Convention procedures 38 7 2.3.3 Co-operation to prevent abuses and avoidance of the Convention 38 2.4 Ensuring authorisation of competent authorities 38 2.4.1 Competent authorities 39 2.4.2 Central Authorities 39 2.4.3 Accredited bodies and approved (non-accredited) persons 39 CHAPTER 3 – KEY OPERATING PRINCIPLES 40 3.1 Progressive implementation 40 3.2 Resources and powers 41 3.3 Co-operation 41 3.3.1 Improving co-operation internally 41 3.3.2 Improving co-operation externally 42 3.3.3 Improving co-operation through meetings and exchange of information 42 3.4 Communication 42 3.5 Expeditious procedures 43 3.6 Transparency 43 3.7 Minimum standards 44 CHAPTER 4 – INSTITUTIONAL STRUCTURES: CENTRAL AUTHORITIES AND ACCREDITED BODIES 45 A. CENTRAL AUTHORITY 45 4.1 Establishing and consolidating the Central Authority 46 4.1.1 Establishment of the Central Authority 46 4.1.2 Powers and resources 46 4.1.3 Designation 46 4.1.4 Designations for Federal States 47 4.1.5 Choosing the Central Authority 47 4.1.6 Personnel 48 4.1.7 Material resources 48 4.2 Role of a Central Authority 50 4.2.1 Suppression of improper financial gain 50 4.2.2 Provision of information about the adoption process 51 4.2.3 International co-operation and co-ordination 52 4.2.4 Collection and maintenance of statistics 52 4.2.5 Central Authority role in individual adoptions 53 4.2.6 Central Authority role in independent adoptions 53 4.2.7 Other procedural functions 53 B. ACCREDITED BODIES AND APPROVED (NON-ACCREDITED) PERSONS 54 4.3 Accredited bodies 54 4.3.1 Functions of accredited bodies 55 4.3.2 Standards 55 4.3.3 Criteria for accreditation 56 8 4.3.4 Supervision and review of accredited bodies 56 4.3.5 Authorisation of accredited bodies to operate in States of origin 56 4.4 Approved (non-accredited) persons 58 4.5 Intermediaries 59 CHAPTER 5 – REGULATING THE COSTS OF INTERCOUNTRY ADOPTION 60 5.1 Payments for adoption services 60 5.2 Operational funding for intercountry adoptions 60 5.3 Setting reasonable fees and charges 63 5.4 Contributions to support child protection services 64 5.5 Donations 65 5.6 Corruption 66 PART II: THE FRAMEWORK FOR PROTECTION OF CHILDREN (THE NATIONAL AND INTERNATIONAL FRAMEWORK) 67 CHAPTER 6 – THE NATIONAL CHILD CARE CONTEXT AND NATIONAL ADOPTION 69 6.1 Phase one : Child’s entry into care 69 6.1.1 Child’s entry into care : identification of children and families in need 69 6.1.2 Abandonment and abduction 70 6.1.3 Voluntary relinquishment 71 6.2 Phase two: Family preservation 72 6.2.1 Family preservation and reunification 72 6.2.2 Strategies to assist family preservation and unification 72 6.2.3 Keeping families intact 73 6.2.4 Family reunification 73 6.2.5 Developing family preservation programmes 73 6.2.6 Provision of services 73 6.2.7. Utilising other resources 73 6.2.8 Co-operative agreements 74 6.3 Phase three: Temporary care and institutionalisation 74 6.3.1 Reasons for temporary care 74 6.3.2 Facilities for temporary care 75 6.4 Phase four: National adoption or permanent care 75 6.4.1 Permanency planning 75 6.4.2 Delaying permanency planning not in the child’s best interests 76 6.4.3 Designing a national adoption system 76 6.4.4 Promoting national adoption 77 6.4.5 Training and approval of adoptive families 77 6.4.6 Matching children and families 77 6.4.7 Provision of services 78 9 CHAPTER 7 – THE INTERCOUNTRY ADOPTION PROCESS UNDER THE CONVENTION 79 7.1 The intercountry adoption process 79 7.1.1 Summary of the procedure in Convention Chapter IV 80 7.1.2 Avoiding undue delay 81 7.2 The child 81 7.2.1 Establishing that a child is adoptable (Art. 4 a)) 81 7.2.2 Ensuring that any necessary consents have been obtained 83 7.2.3 Preparation of report on the child 84 7.2.4 Ensuring accurate reports 84 7.2.5 “Matching” child and family 86 7.2.6 Transmittal of report on child 88 7.2.7 Acceptance of the match (Art. 17 a) and b)) 88 7.2.8 Agreement that the adoption may proceed (Art. 17 c)) 89 7.2.9 Authorisation to enter country and reside permanently 89 7.2.10 Entrustment of child to parents (Art. 17) 90 7.2.11 Transfer of child to receiving State 90 7.2.12 Issuing the Article 23 certificate of conformity 90 7.3 Children with special needs 91 7.3.1 The special needs child 91 7.3.2 The prospective adoptive parents for the special needs child 91 7.3.3 Co-operation to assist the adoption 92 7.3.4 Some factors to be considered in the pre-adoption and post-adoption stages 92 7.4 The prospective adoptive parents 93 7.4.1 Application by and evaluation of adoptive family 93 7.4.2 Preparation of prospective adoptive parents 94 7.4.3 Preparation of report on the prospective adoptive parents 95 7.4.4 Transmission of report on adoptive parents 96 7.4.5 Receipt of application in the State of origin 96 7.4.6 Notification of the matching 97 7.4.7 Acceptance of the match and agreement of the Central Authority (Art. 17 a) and b)) 97 7.4.8 Migration procedures for the child (Arts 5, 17 d), 18) 97 7.4.9 Agreement of Central Authorities that the adoption may proceed (Art. 17 c)) 97 7.4.10 Travel to the State of origin 98 7.4.11 Issuing the Article 23 certificate of conformity 98 CHAPTER 8 – LEGAL ISSUES SURROUNDING IMPLEMENTATION 99 8.1 The general nature of the Convention 99 8.1.1 Basic procedures and minimum standards 99 8.1.2 The Convention is not a uniform law of adoption 100 10 8.2 Placing limits on intercountry adoption 100 8.2.1 Contracting States are not bound to engage in any particular level of intercountry adoption 100 8.2.2 Is a country of origin obliged to make intercountry adoption arrangements with all receiving countries which are Parties to the Convention? 101 8.2.3 Is a receiving country obliged to make intercountry adoption arrangements with all countries of origin which are Parties to the Convention? 101
Load more

Recommended publications
  • The Critique of Federal Family Preservation Policy
    University of Pennsylvania Law School Penn Law: Legal Scholarship Repository Faculty Scholarship 1999 Is There Justice in Children's Rights?: The rC itique of Federal Family Preservation Policy Dorothy E. Roberts University of Pennsylvania Law School, [email protected] Follow this and additional works at: http://scholarship.law.upenn.edu/faculty_scholarship Part of the Family Law Commons, Family, Life Course, and Society Commons, Inequality and Stratification Commons, Policy Design, Analysis, and Evaluation Commons, Race and Ethnicity Commons, and the Social Policy Commons Recommended Citation Roberts, Dorothy E., "Is There Justice in Children's Rights?: The rC itique of Federal Family Preservation Policy" (1999). Faculty Scholarship. Paper 587. http://scholarship.law.upenn.edu/faculty_scholarship/587 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. IS THERE JUSTICE IN CHILDREN'S RIGHTS?: THE CRITIQUE OF FEDERAL FAMILY PRESERVATION POLICY Dorothy E. Roberts* I. INTRODUCTION: PITTING CHILDREN'S RIGHTS AGAINST FAMILY PRESERVATION In November 1997 President Clinton signed the Adoption and Safe Families Act ("ASFA" or the "Act"),' aimed at dou- bling the number of children adopted annually by 2002.2 ASFA represents a dramatic shift in federal child welfare phi- losophy from an emphasis on the reunification of children in foster care with their biological families toward support for the adoption of these children into new families. The Act's predecessor, the AdoPtion Assistance and Child Welfare Act of 1980 ("1980 Act"), encouraged states to replace the costly and disruptive out-of-home placements that had dominated child welfare practice with preventive and reunification pro- * Professor, Northwestern University School of Law: Faculty Fellow, Institute for Policy Research.
    [Show full text]
  • Multiple Meanings of Family Issue FF26
    Multiple Meanings of F Family Focus On... Multiple Meanings of Family Issue FF26 IN FOCUS: The Family Family Definitions Continuum page F1 Policy, Gender Power, and amily Family Outcomes page F2 Definitions Continuum Discourse-Dependent Families page F4 Family Values Reconsidered page F5 by Mellisa Holtzman, Ph.D., Assistant Professor, Department of Sociology, Children’s Experiences as Siblings Ball State University, Muncie, Indiana in Diverse Family Structures page F7 efining exactly what one means parenthood, gay and lesbian marriage and Family Structure from the by “the family” can be difficult. parenting, infertility technologies, and the Perspective of Children page F8 D While no single legal definition of potential outcomes of human cloning. Social Fathers page F10 the family exists, policymakers at both the Moreover, given that social and techno- Lives of Foster Parents page F11 state and federal level generally classify logical changes continue to precipitate International Adoptive individuals as family members if they are changes in the structure and meaning of Families page F12 related to each other by virtue of blood, family, understanding how individuals marriage, or adoption. Relationships that choose between definitions of Adopting Children with are not based on one or more of these the family is Developmental Disabilities page F13 criteria usually do not receive state This framework allows crucial. Yet, it Infertile Couples page F15 recognition or sanction. us to contextualize is unlikely that When is a Grandparent Not a we will come to Yet few people would argue variations in family Grandparent? page F16 understand indi- with the idea that family is definitions and understand viduals’ choices Family Identities of Gay Men page F17 based on something more than their implications.
    [Show full text]
  • Family Preservation in Families' Ecological Systems
    Virginia Commonwealth University VCU Scholars Compass Theses and Dissertations Graduate School 2010 Family preservation in families’ ecological systems: Factors that predict out-of-home placement and maltreatment for service recipients in Richmond City Jody Hearn Virginia Commonwealth University Follow this and additional works at: https://scholarscompass.vcu.edu/etd Part of the Social Work Commons © The Author Downloaded from https://scholarscompass.vcu.edu/etd/2086 This Dissertation is brought to you for free and open access by the Graduate School at VCU Scholars Compass. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of VCU Scholars Compass. For more information, please contact [email protected]. © Jody Lynn Hearn, 2010 All Rights Reserved Family preservation in families’ ecological systems: Factors that predict out-of-home placement and maltreatment for service recipients in Richmond City A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy at Virginia Commonwealth University. by Jody Lynn Hearn BS, Davidson College, 2002 MSW, University of North Carolina at Charlotte, 2005 Director: Melissa L. Abell Associate Professor, School of Social Work Virginia Commonwealth University Richmond, Virginia April, 2010 Acknowledgement I humbly offer my sincerest gratitude to all those who supported me from start to present. So many have contributed in the form of instrumental and emotional support to ensure the quality and value of this project and my experience conducting it. I’m grateful for my long-time advisor and dissertation chair, Dr. Melissa Abell and my committee member and mentor Dr. Mary Katherine O’Connor for compelling my independence and individual growth and for their unflinching belief in my aptitude.
    [Show full text]
  • What Is Family Preservation and Why Does It Matter?
    Journal of Family Strengths Volume 5 Issue 2 Article 4 2001 What is Family Preservation and Why Does it Matter? J. McCroskey Follow this and additional works at: https://digitalcommons.library.tmc.edu/jfs Recommended Citation McCroskey, J. (2001) "What is Family Preservation and Why Does it Matter?," Journal of Family Strengths: Vol. 5 : Iss. 2 , Article 4. Available at: https://digitalcommons.library.tmc.edu/jfs/vol5/iss2/4 The Journal of Family Strengths is brought to you for free and open access by CHILDREN AT RISK at DigitalCommons@The Texas Medical Center. It has a "cc by-nc-nd" Creative Commons license" (Attribution Non- Commercial No Derivatives) For more information, please contact [email protected] McCroskey: What is Family Preservation and Why Does it Matter? Editorial What Is Family Preservation and Why Does It Family Preservation Issues Matter? Over the past 25 years plus of Family Preservation programs, several issues have emerged, sometimes over and over. In fact, whether or not a family focus will exist continues to be discussed in some quarters. Jacquelyn McCroskey This Journal through numerous articles has explored these critical controversies. This Journal issue provides an overview of these issues and by doing so provides insight into the This paper describes competing ideas about family preservation, defined both as a defined ongoing support and need for Family Preservation principles, programs, and values. program of social services and a philosophical approach to helping troubled families. A What is Family Preservation, what does the research show is effective practice, is there straightforward definition has become almost impossible because the phrase has taken on funding, and what policies should there be, are some of the questions addressed in this issue.
    [Show full text]
  • Responding to Child Victims of Human Trafficking
    STATE STATUTES Current Through December 2018 WHAT’S INSIDE State agency Responding to Child Victims responsibilities of Human Trafficking Training requirements Human trafficking, particularly sex trafficking, Diversion from prosecution has emerged as a specific responsibility for child welfare agencies due to the high risk of exploitation Services and supports for children and youth involved in child welfare. for victims The potentially unstable living situations, physical distance from friends and family, history of trauma, Support for anti- trafficking efforts and emotional vulnerability can put these children at risk for being targeted by traffickers.1 Federal Summaries of State laws laws require child welfare agencies to respond in specific ways to reports of child sex trafficking. To find statute For example, the Preventing Sex Trafficking and information for a Strengthening Families Act (P.L. 113-183) amended particular State, go to title IV-E with provisions to prevent and address sex trafficking of children in foster care by requiring https://www.childwelfare. that title IV-E agencies do the following with regard gov/topics/systemwide/ laws-policies/state/. to children or youth who may become victims of trafficking: Develop policies and procedures for identifying, documenting in agency records, and determining appropriate services for any child or youth over whom the title IV-E agency has responsibility and who the agency has reasonable cause to believe is, or is at risk of being, a victim of sex trafficking 1 For further background information on this issue, see the Child Welfare Information Gateway publication Human Trafficking and Child Welfare: A Guide for Child Welfare Agencies at https://www.childwelfare.gov/pubs/trafficking-agencies/.
    [Show full text]
  • Guatemala Passes Domestic Legislation to Implement Hague Adoption Convention; but Does It Help the Children
    Law and Business Review of the Americas Volume 15 Number 3 Article 7 2009 Guatemala Passes Domestic Legislation to Implement Hague Adoption Convention; but Does It Help the Children Melissa Long Follow this and additional works at: https://scholar.smu.edu/lbra Recommended Citation Melissa Long, Guatemala Passes Domestic Legislation to Implement Hague Adoption Convention; but Does It Help the Children, 15 LAW & BUS. REV. AM. 631 (2009) https://scholar.smu.edu/lbra/vol15/iss3/7 This Comment and Case Note is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Law and Business Review of the Americas by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. GUATEMALA PASSES DOMESTIC LEGISLATION TO IMPLEMENT HAGUE ADOPTION CONVENTION; BUT DOES IT HELP THE CHILDREN? Melissa Long* I. INTRODUCTION ENERALLY, international adoptions are a very positive means for providing homes for unwanted children from countries that do not have the means to take care of the children, saving them from a bleak future of moving from on foster home to another, spending their lives in an orphanage, or living on the street.1 "Adoption is not about getting a child for a family that needs it, just like buying merchan- '2 dise... It is about getting a family for a child that really needs one." "[I]nternational adoptive parents and children meet across lines of differ- ence involving not just biology, but also socio-economic class, race, ethnic and cultural heritage, and nationality" which can lead some to argue that international adoption is not always the best option for children in need 3 of a home.
    [Show full text]
  • Promising Practices to Engage Families and Support Family Preservation
    Journal of Family Strengths Volume 6 Issue 2 Article 5 2002 Promising Practices to Engage Families and Support Family Preservation Marianne Berry Follow this and additional works at: https://digitalcommons.library.tmc.edu/jfs Recommended Citation Berry, Marianne (2002) "Promising Practices to Engage Families and Support Family Preservation," Journal of Family Strengths: Vol. 6 : Iss. 2 , Article 5. Available at: https://digitalcommons.library.tmc.edu/jfs/vol6/iss2/5 The Journal of Family Strengths is brought to you for free and open access by CHILDREN AT RISK at DigitalCommons@The Texas Medical Center. It has a "cc by-nc-nd" Creative Commons license" (Attribution Non- Commercial No Derivatives) For more information, please contact [email protected] Berry: Promising Practices to Engage Families and Support Family Preserv Promising Practices to Engage Families and Support Family Preservation Marianne Berry The Adoption and Safe Families Act of 1997 (ASFA) is the latest legislation in two decades of important child welfare policy in the United States. The Adoption and Safe Families Act has served to shorten the period of time that caseworkers and families have to show that families are making progress toward family preservation, with permanency decisions being made after 12 months, rather than 18. The importance of engaging and motivating families in services has therefore increased. The practice directive of ASFA can be summarized as 'Act Smart, Fast, and Accountable. " Using findings from largely correlational research, concrete recommendations are made to ensure that practices to preserve families are smart, fast, and accountable, particularly critical given these new timeframes. The Adoption and Safe Families Act of 1997 (ASFA) is the latest legislation in two decades of important child welfare policy in the United States.
    [Show full text]
  • Additional Updated Policy
    Additional Updated Policy Table of Contents Chapter 1 Administration 1.8 Child Welfare Funding - Title IV-E Foster Care Maintenance Payments Chapter 3 Assessment and Investigation and Chapter 4 Family Preservation 300 / 400 Child Protective Services Alerts Chapter 16 Special Projects 1600 Sex Trafficking Policy 1610 Plan of Safe Care for Substance Affected Infants 1620 Persons with Disabilities Right to Parent Act State of South Carolina Department of Social Services Child Welfare Policy: Chapter 1: Administration, Section 1.8: Child Welfare Funding Subject: Title IV-E Foster Care Maintenance Payments Authority: Family First Prevention Services Act of 2018, Public Law 115-123 Standards: N/A Application: All Child Welfare Programs Policy Statement: Title IV-E eligibility determination must be completed for every child that enters out-of-home care. In addition, a Title IV-E eligibility determination must be completed each time an out- ofhome care episode begins. There are two (2) categories of Title IV-E eligibility criteria that impact a child’s status: 1. Initial eligibility; and 2. Ongoing eligibility. Purpose: The South Carolina Department of Social Services (SCDSS) will utilize Title IV-E Foster Care funding (Title IV-E), a federal program that is authorized under and administered in accordance with Title IV-E of the Social Security Act. Children placed Federal foster care regulations allow title IV-E agencies to claim foster care with parents in a maintenance payments (FCMPs) for a child placed with a parent in a licensed licensed residential family-based treatment facility for substance abuse for up residential to 12 months in accordance with requirements in sections 472(j) and family-based 472(a)(2)(C) of the Act.
    [Show full text]
  • Scaling up Child Protection: a Framework for the Future Vol. 1
    DISCUSSION PAPER 01/2020 Scaling up Child Protection: A Framework for the Future Vol. 1: Laying a Foundation for Going to Scale i UNICEF CHILD PROTECTION PROGRAMME DIVISION ii Acknowledgements UNICEF (New York) has commissioned and overseen preparation of this Discussion Paper on Scaling Up Child Protection: A Framework for the Future. The Discussion Paper was prepared by Philip Goldman, Mari Hickmann and Francesca Stuer of Maestral International. The team extends its sincere appreciation to Sumaira Chowdhury, Ramya Subrahmanian, Aniruddha Kulkarni, Aaron Greenberg, Brendan Ross and Rocio Aznar Daban of UNICEF for their oversight, advice and counsel during the preparation of the paper. The team would also like to thank the key informants for sharing their experience, guidance and insights, which proved invaluable to paper preparation. They include the following UNICEF representatives and the countries they were stationed in at the time of the interview: Cornelius Williams (NYC), Stephen Blight (NYC), Astrid Dionisio (Indonesia), Johanna Eriksson (Lebanon), James Gray (Turkey), Luis Gorjon (Pakistan), Hennie Kama (Papua New Guinea), Milen Kidane (Nigeria), Maria Lily (Nicaragua), Patricia Lim Ah Ken (Rwanda), Dani Koleva (Bulgaria), Micaela Pasini (Pakistan) and Stephanie Shanler (Tanzania). Key informant quotations that are cited in the text are at times paraphrased. Joanna Ison (Maestral International) provided extensive support during the preparation process. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of UNICEF. All material in this Discussion Paper is the sole responsibility of the authors. Cover graphic courtesy of Presenter Media. iii Table of Contents ACRONYMS ................................................................................................................................................
    [Show full text]
  • Reasonable Efforts to Preserve Or Reunify Families and Achieve
    STATE STATUTES CURRENT THROUGH SEPTEMBER 2019 Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children To find statute information for a particular State, go to https://www.childwelfare.gov/topics/systemwide/laws-policies/state/. "Reasonable efforts" refers to activities of State WHAT'S INSIDE social services agencies that aim to provide the assistance and services needed to preserve and What are reasonable efforts? reunify families. The Federal title IV-E program requires States to make reasonable efforts to preserve and reunify families (i) prior to the When reasonable efforts are required placement of a child in foster care, to prevent or eliminate the need for removing the child from the child’s home; and (ii) to make it possible for When reasonable efforts are not required a child to safely return to the child's home.1 Laws in all States, the District of Columbia, Summaries of State laws Guam, Puerto Rico, and the U.S. Virgin Islands require that child welfare agencies make reasonable efforts to provide services that will help families remedy the conditions that brought the child and family into the child welfare system. 1 42 U.S.C. § 671(a)(15) (2018) Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 1 WHAT ARE REASONABLE WHEN REASONABLE EFFORTS EFFORTS? ARE REQUIRED The statutes in most States use a broad Federal law has long required State agencies definition of what constitutes reasonable to demonstrate they made reasonable efforts efforts. Generally, these efforts consist to provide assistance and services to prevent of accessible, available, and culturally the removal of a child from his or her home appropriate services that are designed to and to make it possible for a child who has improve the capacity of families to provide been placed in out-of-home care to be safe and stable homes for their children.
    [Show full text]
  • A Roadmap for Child Protection and Care System Reform for Governments in Latin America and the Caribbean
    Beyond institutional care A roadmap for child protection and care system reform for governments in Latin America and the Caribbean Supported by © UNICEF/UNI134957/Dormino Welcome Welcome Across Latin America and the Caribbean, countries reforming national systems in order to strengthen have been reforming their child protection and families and ensure that children who lack Welcome care systems in line with the United Nations parental care receive the alternative care that best Convention on the Rights of the Child (UNCRC) suits their best interest. and the 2009 UN Guidelines for the Alternative to Beyond Institutional Care Aligned with the principles of the UNCRC and Care of Children (hereafter, the UN Guidelines). the recommendations of the UN Guidelines, this Progress is being made: most states have reformed Roadmap puts a framework for action, real-world their legislation in line with the UNCRC, many examples, tools, resources, and technical advice have created new and stronger child protection directly into the hands of government decision- architectures and some have diversified their offer makers and policy-makers, giving them the by promoting family strengthening and family know-how to plan and bring about real change based care programmes in their own countries. Beyond Institutional Care However, there is still progress to be made in was developed to distil practical advice from ensuring the rights of children without parental specialists in the field who have led complex care. This is particularly timely as 2019 marked the deinstitutionalisation programmes on the ground 10th anniversary of the UN Guidelines, the 30th at sub-national, national and regional levels.
    [Show full text]
  • Family Preservation and Fatalities: the Effect of Policy on Child Maltreatment Deaths
    University of New Hampshire University of New Hampshire Scholars' Repository Master's Theses and Capstones Student Scholarship Fall 2020 Family Preservation and Fatalities: The Effect of Policy on Child Maltreatment Deaths Madison N. Sundberg University of New Hampshire, Durham Follow this and additional works at: https://scholars.unh.edu/thesis Recommended Citation Sundberg, Madison N., "Family Preservation and Fatalities: The Effect of Policy on Child Maltreatment Deaths" (2020). Master's Theses and Capstones. 1400. https://scholars.unh.edu/thesis/1400 This Thesis is brought to you for free and open access by the Student Scholarship at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in Master's Theses and Capstones by an authorized administrator of University of New Hampshire Scholars' Repository. For more information, please contact [email protected]. Family Preservation and Fatalities: The Effect of Policy on Child Maltreatment Deaths By Madison N. Sundberg Psychology, B.S., James Madison University, 2018 THESIS Submitted to the University of New Hampshire in Partial Fulfillment of the Requirements for the Degree of Master of Arts in Justice Studies September, 2020 This thesis was examined and approved in partial fulfillment of the requirements for the degree of Master of Arts in Justice Studies by: Thesis Director, David Finkelhor, Ph.D., Sociology Professor; Director, Crimes Against Children Research Center Heather Turner, Ph.D., Sociology Department Chair, Professor Cesar J. Rebellon, Ph.D., Criminology, Law, and Society Professor, George Mason University On August 3rd, 2020 Approval signatures are on file with the University of New Hampshire Graduate School. ii Dedication To my dad, for sharing his profession and to my grandfather, for sharing his university.
    [Show full text]