GlobalChild Platform

Structural

Indicators

as an indication of commitment to take action, refers to the existence of institutions and policies and laws aligned with the international child rights laws and for the realisation of children’s rights.

1. Laws providing for any necessary placement of children, in any setting (ensuring that the review process is conducted in an non-discriminatory manner focusing on the best interest of the child and respecting the views of the child), address:

1.1 Reason for placement

1.2 Assessment of the quality of placement

1.3 Timeframe for the duration of the review

1.4 Frequency of review (not exceeding three months, including that at any time the child, an independent legal, or non-legal advocate may request and be granted a review)

1.5 Standards for the quality of the review process

1.6 Opportunities of reintegration with the family and the community

2. Legislation recognises and provides reasonable accommodations (that enables children to participate and represent their views and wishes), such as:

2.1 Legal and non-legal advocacy for children to assist them through the process of a review or to appeal the outcome of a review

2.2 Accredited professionals and designated independent representatives of children, with specialization of child rights, child-friendly service delivery, consent and capacity, privacy and confidentiality, and institutional care and treatment

2.3 Trusted adults whom the child identifies as their support and requests this individual’s presence during the review

3. The State has established legal protection for children in involuntary placement which includes at a minimum:

3.1 Access to expedited review processes upon admission to ensure legal criteria for admission have been met and to ensure care is not arbitrary or unlawful

3.2 Deprivation of liberty is a measure of last resource (the person’s decision making capability is impaired and supported decision making has failed)

3.3 That no least intrusive measure is available

3.4 Deprivation of liberty is in full alignment with the principle of non-discrimination and not based on the existence of disability or as a result of discrimination 

3.5 An established timeline of review, while also being flexible to accommodate the urgency of some cases (review on a case-to-case basis)

4. Clear protocols are established to assure the integrity of the review process, knowledge and skills of the assessors. 

5. Independent administrative processes to hear and remedy complaints from children in any placement settings are established.

6. Independent judicial bodies are established to hear appeals of complaints from children in any placement settings.

Process

Indicators

refers generally to efforts made and actions taken, following on from commitment, and thus to specific activities, resources and/or initiatives in pursuit of rights’ realisation.

7. Information about the review and complaints procedures is available and accessible to the child before and during any placement in a child-friendly manner.

8. Percentage of complaints from children about quality of care and treatment or conditions of placement.

9. Independent administrative bodies must report publically annually to disseminate the types of cases and the outcome of cases brought before them, while protecting the identity of the child.

10. For all agencies, institutions, or homes designated by the government to provide care and treatment service to children, institutional and organizational reporting should be built into:

10.1 Annual reports

10.2 Licensing reviews

10.3 Quality of care reviews

11. Percentage of reviews made within the timelines articulated in your legislation for periodicity intervals, about:

11.1 Care and treatment placement decisions (Art 20-Ind 13)

11.2 Quality of care and treatment in places of placement (Art 20-Ind 12)

11.3 Vulnerable circumstances of the child leading to their placement in care and/or treatment

Outcome

Indicators

refers to a measurable resultant change either in the “rights environment” or directly in lives of children.

12. Percentage of children, families and representatives that have:

12.1 Accessed a complaint process or filed a complaint

12.2 Have obtained remedies or outcome

13. Percentage of placements (disaggregated by type of placement) that result in:

13.1 Family reintegration

13.2 Permanent placement (e.g. foster home, informal care)

13.3 Emancipation and exiting the services as a result of aging out

14. Percentage of children who feel that their views were taken into account during the review process.