Guardianship | Better Care Network

Guardianship

A guardian is a legally appointed adult representative for a child. The guardian's function is to ensure that a child’s rights are upheld and the child's best interests are protected. The existence, process and duties of a guardian will vary from country to country. When no formal guardian system exists, alternative systems can be created for having a legally recognised representative for a child. This is particularly important when children are likely to be orphaned or made vulnerable by HIV/AIDS, or unprotected by adult caretakers such as child-headed households.

Guardians are particularly beneficial when there are disagreements regarding the care of a child between the family, child, or local authority. In such instances the guardian may undertake an independent assessment of the child’s needs, and will spend time with the child to understand his or her opinions. They usually represent the child in legal proceedings, providing evidence and recommendations regarding the care plan for the child. The guardian may be appointed by the local authority or selected by the child or family.

In countries which do not have a system of guardianship, it is the protection workers responsibility to uphold the child’s rights and act in his/her best interests. This requires a thorough assessment of the child’s needs, listening to the child, and developing a permanent care plan which ideally results in the successful reunification of the child with their family.

This section contains papers relating to the importance and use of guardians in care planning.

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Finding a Way Forward: Principles and Strategies to Reduce the Impacts of AIDS on Children and Families

John Williamson, 2000

Provides a multi-level approach for the analysis and development of context-specific interventions in communities affected by HIV/AIDS epidemic. Includes discussion of microfinance services, and highlights several community-based programs.

The Children Act (Uganda)

Government of Uganda, 01 Aug 1997

The Children Act, Chapter 59 took effect in Uganda on 1 August, 1997.