Children deprived of a family environment

The Committee draws on the State Party’s attention to the Guidelines for the Alternative Care of Children and recommends that the State Party ensure that children are placed in alternative care only as a measure of last resort, that such decisions are based on the needs and best interests of the child, are subject to adequate safeguards and clear criteria, and to judicial review, and ensure that siblings are not separated unless it is in their best interests.

The Committee recommends that the State Party ensure periodic review of the placement of children in foster care and institutions, and monitor the quality of care therein, including by providing accessible channels for reporting, monitoring and remedying maltreatment of children.

The Committee recommends that the State Party address disparities among regions regarding children subjected to alternative care measures and emergency placements, and the disproportionate frequency of placements of migrant children and children belonging to minority groups, including Roma and Romani/Tater children.

The Committee recommends that the State Party improve the availability and quality of foster care for children, and prevent frequent transfers of children in foster care, in line with the strategy launched in 2022.

The Committee recommends that the State Party consider the bonds developed between children and foster families and give due weight to children’s views in life changing decision such as being removed from their foster homes and grant children and foster families procedural rights to participate in legal decisions affecting the child.

The Committee recommends that the State Party ensure that the needs of children with challenging and complex behavioural and substance abuse problems for appropriate institutional support and services are met without unduly delay, including emergency placement.

The Committee recommends that the State Party ensure greater capacity and more flexible services in the health sector to secure the right to necessary healthcare in child welfare institutions.

The Committee recommends that the State Party prevent and protect children against physical or mental violence and sexual abuse in institutions including by staff by regularly eliciting children´s narratives about their adverse experiences and intervene when appropriate.