Deputy Ombudsman Dr. Jože Ruparčič met with colleagues from the European Network of Ombudsmen for Children's Rights (ENOC) at the annual conference in Helsinki, Finland, from 18 to 20 September 2024. They discussed the protection and rights of children in alternative care, which includes foster care, kinship care, residential care, and other formal or informal arrangements.
Providing adequate care, protection, and opportunities for development is essential for children when they cannot live with their biological family, the participants agreed. They emphasised that care environments must be safe, and in them the physical and emotional well-being of children must be in the centre of attention. Carers must be properly trained, supported, and supervised to ensure quality care tailored to each child's needs. Children in foster care must be protected in every way from possible abuse, neglect, exploitation, and all forms of harm.
They also stressed that children must be involved in decisions that affect their lives. Their opinion should be heard, respected, and taken into account according to their age and maturity. Children have the right to understand their care situation and the reasons for it, which helps them understand the circumstances and reduces feelings of uncertainty. If possible, efforts should be made to reunite children with their biological families if it is safe and in their best interest to do so. Above all, support must also be offered to families to prevent them needing respite care in the first place.
When respite care is needed, family options such as foster care or kinship care are generally preferred over institutional care, which can be more detrimental to a child's development. Frequent moves between different care settings can harm a child's emotional and psychological well-being.
In respite care, efforts should be made to ensure stability and minimise disruption in the child's life. Each child in it should have an individualised care plan that addresses their long-term needs, including education, health, and the eventual transition to independent living.
Children in foster care must also have access to quality education and health services that support their overall development and well-being. Because of the potential trauma associated with separation from the family, children in foster care must also have unhindered access to services in the field of mental health and psychological support.
The participants of the consultation also emphasised that children's personal data must be confidential, and their privacy must be respected. This includes handling their care documentation securely and appropriately. All children, regardless of their origin, must receive the same treatment and opportunities in alternative care settings, they particularly underlined, adding that discrimination based on gender, disability, ethnicity, or other factors must be actively fought.
Institutions for the protection of children's rights must appeal to governments and competent agencies to regularly inspect alternative care institutions and ensure compliance with standards and protection of children's rights. There must be systems in place to deal with the complaints and concerns of children in care and the responsibility of care providers for possible violations or errors.
As children in foster care approach adulthood, they need support to transition to independent living. This includes life skills training, financial assistance, and continued access to education and employment opportunities. Children in foster care must have a legal guardian to represent their interests. They must also have access to legal representation, when necessary, particularly in matters related to their care and rights. Protecting the rights of children in foster care is not only about ensuring that they have a roof over their heads, but also that they grow up in an environment that promotes their dignity, development, and future well-being. Governments, care providers, and communities have a key role in preserving these rights and ensuring that every child in foster care can have the appropriate conditions for growth and development, the consultation participants concluded.