LISTA DE HITOS FECHAS

4. STRATEGIES TO ASSIST FAMILY PRESERVATION

The Guide recognises the importance of this question in the development of a national child care and protection system. However all the information necessary to develop such a system is beyond the scope of the Guide, and only a basic outline can be given here.

4.1 Keeping families intact

It should be a goal of all States to prevent children from needlessly entering the child care and protection system. In order to develop a strategy to prevent families from needing intervention services, States should consider the causes of family breakdown. It has been noted that poverty or financial hardship is the leading cause of family breakdown in many States. Other factors often complicate the situation, such as domestic violence, substance abuse and societal or cultural norms.389

Special attention should be paid to the presence of families or communities that may be particularly vulnerable to the risk of family disintegration or exploitation.390 _{Ethnic minorities or}

indigenous communities may be more likely to experience financial hardship or discrimination. At times, they may enjoy fewer protections under the law or be particularly prone to maltreatment from local authorities. As a result, they may be vulnerable to abduction, solicitation, trafficking in children, or official corruption.

Poverty and hardship may make a family vulnerable to exploitation. If a family with several children is experiencing severe financial difficulties, the parents may consider relinquishing a child in return for financial payment.

For these reasons, family preservation efforts should focus on practical support programmes for families in crisis. Laws that provide rights to parents may not, by themselves, be sufficient. Experience has shown that the provision of material or financial assistance to families in need often produces the best results.

4.2 Family re-unification

Where possible, States should make efforts to reintegrate separated children into their families. Through the use of practical assistance programmes similar to those used to keep families together, families may regain stability and choose to retrieve their child from temporary care.391

If it is not possible to maintain a child in his or her family of birth, it may be possible to enable another family member to parent the child. This may be the most appropriate and preferable solution for many situations, especially those in which parents may have died or been disabled. Efforts to place children with the extended family should be performed carefully and with the best interests of each individual child as a paramount consideration.

The search for relatives to care for a child should not unnecessarily prolong institutional care for children. Child-friendly time frames are essential.

In developing its implementing measures, a Contracting State should consider what steps it will take to locate relatives and how much time will be allowed for this process. It is also necessary to consider whether the parents’ views will be taken into account, including any objection to the extended family raising the child for reasons such as domestic violence or substance abuse.

389 _{See H. van Loon, supra note 377, p. 235.}

390 _{See, India; Gita Ramaswamy & Bhangya Bhukya, The Lambadas: A Community Besieged, Unicef, pp. 4-5 (2001).}

391 _{See, Haji Sayyid Bukenya, “Policy Workshop on Children and Promoting Strategies for Community Care of Vulnerable}

Contracting States should also ensure that persons involved in counselling parents about their placement preferences have the highest ethical standards and do not receive financial incentives to encourage placement with non-family members.

4.3 Developing family preservation programmes

The list below contains brief descriptions of the types of family preservation programmes utilised by some countries. This list is not exhaustive, and is meant only to encourage discussion about the types of programmes that could be offered. Details about the successful implementation of such programmes can be obtained from social service organisations.392

Aid to low income families: Income level and poverty guidelines are often used in determining eligibility for domestic assistance. States then pay a small subsidy amount to families with incomes below a certain level to assist in caring for their children.

Counselling: Counselling may be available to provide support or advice to a family needing to decide on a course of action. For example, a family may need assistance to decide if changes could be made in the current family situation which would enable them to keep their child or if options for family placement exist.

Domestic Violence Assistance: Programs addressing violence or physical abuse by a spouse, domestic partner or family member may take many forms including emergency shelter, counselling, and public information campaigns to raise awareness.

Substance Abuse Assistance: Programs to address overindulgence in and dependence on an addictive substance, especially alcohol or a narcotic drug, may take the form of addiction treatment, rehabilitation, prevention and mental health programmes.

Crisis Pregnancy Services: Outreach services may provide specific pregnancy, childbirth and postpartum educational support, free pregnancy testing, maternity and baby clothes, referrals, peer counselling, post-abortion help, as well as information about birth control, pregnancy symptoms, foetus development, and pregnancy options.

Temporary Housing Assistance: Financial assistance to secure temporary

accommodation may be offered; State-sponsored public housing or emergency shelter may be available.

Educational Funding: Financial aid programmes, grants or loans may be available to assist with educational expenses.

Temporary Food Provisions: Temporary food assistance programmes provide food for low-income households through periodic emergency food distributions. Such programmes are intended to serve as a last resort for households in need of short-term, immediate food assistance.

Medical / Rehabilitation Services: Medical or social rehabilitative services may be provided to children and adults with disabilities or who are recovering from an illness.

Small Business Loans / Business Development: A business loan programme may be developed to provide indigent households with loans to begin small businesses that support families for years to come.

4.4 Provision of services

Once a State has identified services that it would like to offer to families, it has to determine which entity could and should deliver those services, what mechanisms will be utilised to do so, and how services will be funded.

It may be possible for a single governmental entity to provide family preservation and

reunification services to families and to oversee a child’s entry into care if necessary. Many States have child protection or child care services that are funded through government grants. In turn, the child protection department provides all the services needed by families in crisis, often preventing a child’s entry into care.

To operate effectively, such programmes need ideally to be fully staffed and funded. Creating such a system is difficult at best, and requires sustained funding and governmental support. Many States find the creation of such a system beyond the immediate possibilities for their country. States may need to seek ways to institute immediately low-cost protective mechanisms and make use of interim measures while working on long-term reform.

4.5 Utilising other resources

Where there is no centrally operated programme, States may have other assistance programmes for certain segments of the population. Such programmes may be administered under departments of health, social care, economic development, or veterans affairs. Families in need can be referred to other programmes to obtain assistance. Such programmes may have to be expanded or modified but it may be possible to make them appropriate to families who would otherwise place their children in institutions.

4.6 Co-operative agreements

States may also be able to refer families to programmes that they have established in co- operation with international organisations (that do not perform adoption or child care work) to provide services. This may be particularly helpful if used for a brief and limited amount of time, and if the programmes utilised are of substantial size and can be accessed by many families. There are, for example, NGOs that provide small business loans to help families establish businesses that can improve their economic situation, aid agencies that provide short-term food and housing relief, and programmes that provide medical and surgical services to underserved populations.

In order to do so as part of a formal implementation plan, States may consider drafting formal agreements with NGOs for such services. While not ideal, such an arrangement could assist a State in establishing short-term family preservation programmes. These types of funding measures cannot be considered long-term solutions. Relying on outside funding is risky, and doing so provides little security and assurances to other States. However, they could be used as interim measures if the arrangements were a formalised part of a larger implementation plan.

4.7 Utilising accredited bodies

Some States use private adoption service providers and orphanages to perform family preservation or reunification services. There are some advantages to these programmes. Private organisations often have more funding to implement programmes, and adequate and well-trained social service personnel to do so.

These programmes tend to be most successful when they are carefully monitored by authorities to ensure that adequate efforts are being made to preserve families and proper safeguards are in place. There is potential for a conflict of interest between preserving families and providing intercountry adoption services. Some States may separate the decision about what services to offer, or by whom those services may be offered, from the actual delivery of services. It has been noted that the States that are most successful in operating family preservation programmes may utilise a small number of agencies that are carefully monitored and controlled. It may be difficult for States adequately to monitor an unlimited number of service providers.

ANNEX 5