Child Care and Protection Policies

Child care and protection policies regulate the care of children, including the type of support and assistance to be offered, good practice guidelines for the implementation of services, standards for care, and adequate provisions for implementation. They relate to the care a child receives at and away from home.

States and all organisations with child care programmes should have child care policies which are in line with national legislation and international law, e.g. the Convention on the Rights of the Child (CRC). In line with the CRC, emphasis should be placed on the child’s best interests, with support to families prioritised in order to prevent family separation. Good gatekeeping mechanisms are essential in ensuring families receive the services they need and are entitled to, and to guard against inappropriate placement into poor care arrangements.

Home-based care, day care, and other family support services are mechanisms for assisting families in providing for the child’s development and, when used appropriately, can prevent child separation. When a child is unable to remain at home, alternative forms of community based care should be prioritised, such as formal kinship care or foster care. The use of institutions should be highlighted as a last and temporary measure. All support and care provisions should outline the referral and admission process, the use of care plans, regular reviews, rehabilitation, and aftercare procedures.

Child protection legislation which recognises that abuse can be physical, emotional, sexual, or neglect, and may be carried out by parents, caretakers, children and other adults is required. All agencies working with children should have written child protection policies which respect the rights of the child. Policies should outline behaviours and actions which are unacceptable, provide standards for the appropriate care of children, and clear guidelines on what procedures to follow and by whom, including reporting mechanisms for suspected abuse to an assigned authority for investigation.

Child care and protection policies require resources and monitoring of standards to ensure their appropriate implementation. Adequate provision and training of child care and social work staff is required to deliver family support services and alternatives forms of child care. All staff working with children should be trained and supervised in providing appropriate care for children, identifying abuse, and responding appropriately.

The literature in this section contains country reports and examples of national and organisational child care and protection policies.

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Accountability in Our Lifetime: A Call to Honour the Rights of Indigenous Children and Youth

Gabrielle Fayant and Carrington Christmas, 2021

For decades, First Nations have called for Canada to respect the sacredness of their children and youth by upholding the best interests of the child, substantive equality and cultural continuity. This call has been echoed in numerous reports including, but not limited to, the Royal Commission on Aboriginal Peoples (1996), the Joint National Policy Review (2000), the Wen: De Reports (2005), the Truth and Reconciliation Commission (2005), A Roadmap to the Truth and Reconciliation Commission Call to Action #66 (2018) and the National Inquiry into Missing and Murdered Indigenous Women and Girls (2019). In June 2020, Bill S-217 (now S-210) was introduced by Senator Rosemary Moodie for the creation of an Office of the Commissioner for Children and Youth in Canada. The Bill proposes the establishment of an appointed Commissioner for Children and Youth to promote, monitor and report on
the implementation of Canada’s obligations under the United Nations Convention on the Rights of the Child.

A Brief for Policy Makers: Leaving Care Policy Development - “Nothing About Us Without Us”

Organising Committee of the 1st ICLC 2020, 2021

This policy brief has been developed to serve as a guidance to policy makers while developing any policy on leaving care.

Principles for the protection of the rights of the child born through surrogacy (Verona principles)

International Social Service (ISS), 2021

These Principles are designed to inspire and provide guidance on legislative, policy and practical reforms on the upholding of children’s rights born through surrogacy.

A Brief for Practitioners: Leaving Care Policy Development - “Nothing About Us Without Us”

Organising Committee of the 1st ICLC 2020, 2021

This policy brief has been developed to serve as a guidance to practitioners while developing any practice on leaving care.

Reconstructing Children’s Rights Institute

CPC Learning Network, 2021

The Reconstructing Children’s Rights Institute is an online institute about dismantling racism, neo-colonialism, and patriarchy in humanitarian and development efforts to protect children and support families.

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Buenas prácticas en la prestación de servicios de cuidado residencial de la niñez y adolescencia en Guatemala

Changing the Way We Care, 2021

Cambiando la Forma en que Cuidamos (o sus siglas en inglés, CTWWC) Guatemala realizó un estudio con el objetivo de identificar y documentar buenas prácticas en la prestación de servicios de cuidado residencial, con el objetivo de transformar los servicios de cuidado a la niñez en Guatemala.

Safeguarding Resource and Support Hub

The Alliance for Child Protection in Humanitarian Action, 2021

The Safeguarding Resource and Support Hub (RSH) aims to support organisations in the aid sector to strengthen their safeguarding policy and practice against Sexual Exploitation, Abuse and Sexual Harassment (SEAH).

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Impacts of policy changes on Care-Leaving Workers in a time of coronavirus: Comparative analysis of discretion and constraints

Mary Elizabeth Collins & Astraea Augsberger - Journal of Comparative Policy Analysis: Research and Practice , 27 Dec 2020

This policy analysis examines the impact of COVID-19 policy guidance on the role of workers who provide outreach to transition-age care leavers.

The 1993 Intercountry Adoption Convention: from gift child to safer adoptions

Sai Ramani Garimella and Shivika Choudhary - The Elgar Companion to the Hague Conference on Private International Law, 08 Dec 2020

This Chapter elucidates the objectives, scope, and challenges in the implementation of the 1993 Intercountry Adoption Convention.

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The 17th Civil Society Organizations to the African Charter on the Welfare and Rights of the Child Forum (CSO Forum): Children Without Parental Care

Mtoto News, Civil Society Forum to the African Charter on the Rights and Welfare of Children, 30 Nov 2020

This webinar, a side event of the Civil Society Organizations (CSO) Forum organized by the African Committee of Experts on the Rights and Welfare of the Child, features a discussion of the challenges of alternative family and community-based care for children without parental care, with a particular focus on funding and coordination of services.

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