Children deprived of a family environment

Recalling the Guidelines for the Alternative Care of Children, the Committee recommends that the State Party:

(a) Ensure that the placement of children in alternative care is a measure of last resort only, that such decisions are based on the needs and best interests of the child, are subject to adequate safeguards, clear criteria and judicial review, and that siblings are not separated unless it is in their best interests

(b) Ensure the 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

(c) Address disparities among regions regarding the placement of children in alternative care and emergency placements, and the disproportionate frequency of placements of migrant children and children belonging to minority groups, including Roma and Romani/Tater children

(d) 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

(e) Consider the bonds developed between children and foster families, give due weight to children’s views in such a life-changing decision as being removed from their foster homes and grant children and foster families procedural rights to participate in legal decisions affecting the child

(f) Ensure that children with complex behavioural challenges and substance abuse problems have access to appropriate institutional support and services without undue delay, including through emergency placements

(g) Ensure greater capacity and more flexible services in the health sector to secure the right to necessary healthcare in child welfare institutions

(h) Prevent, and protect children from, physical or mental violence and sexual abuse in institutions, including by staff, by regularly eliciting children’s accounts of their adverse experiences and intervening when appropriate