Effective
NO SOURCE GIVEN
Social Welfare Spending
NO SOURCE GIVEN
Child Protection Spending
UNICEF, 2018
i
USD 1.5 million in 2017/18, 0.01% of Total National Budget. An analysis carried out by UNICEF in 2016/17 and 2017/18 suggests that the direct child protection spending is 0.01% of the total national budget. The total spending for child protection was calculated as approximately USD 1 million in 2016/17 and USD 1.5 million in 2017/18. The analysis took into consideration the budget for child welfare services and targeted programs on child protection of four agencies: Ministry of Women, Children and Senior Citizens, Department of Women and Children, Central Child Welfare Board and Juvenile Justice Coordination Committee. Such analysis has not been possible in the recent years following the establishment of federal governance where 753 local governments, seven provinces and the federation allocate budgets for different services, including child protection.
Alternative Care Policy in Line with the 2009 Guidelines
Act Relating to Children, 2018
i
The Act provides for different forms and priorities of alternative care and the criteria/eligibility for alternative care. Further procedures and guidelines under the new law are yet to be enacted. A guidelines on alternative care was drafted in 2015 based on the previous legal and administrative regime.
Centralised Authority on Adoption
NO SOURCE GIVEN
i
Since 17 August 2018, a new legal regime under the National Civil Code, 2017 came into effect. The new legal regime discontinued the former Inter-Country Adoption Management Development Board. Detailed procedures under the new legal regime are yet to be developed. The Ministry of Women, Children and Senior Citizens is currently the de-facto central authority. However, in the absence of detailed procedures, inter-country adoption is currently on hold.
Commitment to Deinstitutionalistion
Act Relating to Children, 2018
i
The Act provides that children residing in institutional care should be reintegrated with families as per their best interest.
Comprehensive Child Protection Law
Act Relating to Children, 2018
i
The Act Relating to Children, 2018 provides several child protection measures. However, the matters relating to custody of children, parental responsibilities and authority, guardianship, and adoption continue to be regulated by the National Civil Code, 2017 which is disconnected with the approaches and mechanisms provided in the 2018 Act (e.g. Child Welfare Authorities) and do not uphold the best-interest principle.
Continuum of Alternative Care Services Available
Act Relating to Children, 2018
i
The continuum of care is fragmented. The Act Relating to Children, 2018 defines 'children in need of special protection' and makes provisions for services to them. However, in the absence of detailed procedures and authorities to provide services, such provisions are yet to be implemented.
Data System
NO SOURCE GIVEN
i
The State of Children in Nepal 2019 Report produced annually by National Child Rights Council (former Central Child Welfare Board) provides limited data of children in institutional care. There is no data of children in other forms of care.
Existence of a Regulatory Body and Regulatory System
Ministry of Women, Children and Senior Citizens
i
The Ministry of Women, Children and Senior Citizens is currently the de-facto regulatory body.
Gatekeeping Mechanism/Policy
Act Relating to Children, 2018
i
The Act provides for eligibility to alternative care and different forms of alternative care to implement the 'necessity' and 'suitability' principles. However, the detailed procedures to implement these provisions and authorities to make placement decisions are yet to be defined.
Means of Tracking Progress with Reforms
NO SOURCE GIVEN
i
Currently there is no such means to track progress. The forthcoming planning instrument on children is likely to include some indicators on this aspect.
Moratorium on Admission into Institutions for Children Under 3
NO SOURCE GIVEN
Moratorium on New Institutions
NO SOURCE GIVEN
i
Following the establishment of federal structures, the governments are provincial and local levels are also inclined to establish institutional care facilities.
National Action Plan to Guide Reforms
NO SOURCE GIVEN
i
Currently there is no such plan. The government is at the very initial stage of a new planning instrument for children which is likely to address care reforms.
National Standards of Care
Standards for Operation and Management of Residential Child Care Homes 2069 (2012)
i
The standards apply for institutional care facilities. There are no such standards for other forms of care.
Prevention of Separation Services Available
NO SOURCE GIVEN
i
Limited efforts on family preservation are being implemented through different national programs, such as 'guardianship for education', 'child grants', and some local programs being implemented by local governments. Non-governmental organizations are also providing some services in their respective working areas.
Support for Careleavers (in Legislation and in Practice)
NO SOURCE GIVEN