assessment of the child welfare reform in albania -...

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Assessment of the child welfare reform in Albania

April – June 2007 Albania

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Table of contents EXECUTIVE SUMMARY.............................................................................................................................................3

BACKGROUND OF THE ASSESSMENT ................................................................................................................11

METHODOLOGY........................................................................................................................................................14

FINDINGS .....................................................................................................................................................................16 1. SYSTEM MAP ELABORATION – THE GOVERNANCE SYSTEM OF CHILD PROTECTION IN ALBANIA ..............................16 2. TARGET GROUPS OF CHILDREN ................................................................................................................................22 3. KEY REFORM INITIATIVES AND DOCUMENTS ...........................................................................................................24 4. REFORMS IN RELATION TO PLANNING AND DECISION MAKING.................................................................................32 5. REORGANISATION OF STATUTORY SERVICES – “SERVICE PURCHASING” AND GATEKEEPING ON LOCAL LEVEL........35 6. DECENTRALISATION................................................................................................................................................38 7. PERSONNEL ISSUES..................................................................................................................................................40 8. GATEKEEPING AT THE NATIONAL LEVEL .................................................................................................................43 9. MATERIAL ASSISTANCE FOR CHILDREN AND FAMILIES ............................................................................................47 10. COMMUNITY BASED SERVICES...............................................................................................................................50 11. DEINSTITUTIONALISATION ....................................................................................................................................53

RECOMMENDATIONS...............................................................................ERROR! BOOKMARK NOT DEFINED.

BIBLIOGRAPHY .........................................................................................................................................................62

APPENDICES ...............................................................................................................................................................65 Appendix 1: List of abbreviations..................................................................................................................66 Appendix 2: Terms of Reference....................................................................................................................67 Appendix 3: The assessment tool...................................................................................................................76 Appendix 4: List of Steering Committee members.........................................................................................87 Appendix 5: List of interviewees....................................................................................................................88 Appendix 6: System map................................................................................................................................90 Appendix 7: Good practice portfolio.............................................................................................................91 Appendix 8: Questionnaire for Work Group 6 ............................................................................................104

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Executive summary • BACKGROUND The assessment of the child welfare reform in Albania is one of the activities of the project entitled ‘The Reform of the Child Care System in CEE/CIS, initiated in mid 2006 by UNICEF Regional Office. The project aims to address the following issues regarding the reform of child care in the region (covering Albania, Serbia, Kosovo, Montenegro, Croatia, FYR Macedonia, Bosnia and Herzegovina, Romania, Bulgaria and Turkey): - availability of a continuum of services in different communities and countries, which is able to address

diverse vulnerabilities through individual planning, based on an aim of providing quality care for children;

- upgrading of local capacity for planning and financing of a continuum of services, since the reform is closely linked to good governance and decentralisation. This issue is also linked to a need for a clarification of responsibilities and mandates (inter-sectoral co-operation);

- A need for careful budgeting for the transition costs during the reform period and costing of the new child care services.

- the situation regarding the policy environment in which the reform is taking place, - the role of the state in the gatekeeping at national and sub-national level. The assessment is conducted in Albania, Bulgaria, FYR Macedonia and Serbia, in preparation for the first sub-regional consultation for the CEE, to take place in Bulgaria in early July 2007. • OBJECTIVES OF THE ASSESSMENT The overall objectives of this assessment are:

- to increase the understanding of the progress and short-comings of the reform process in CEE, from the view of different stakeholders on country and regional level, which can serve as a “baseline” for further reform support;

- to provide policy analysis that can serve as an input for further support for the reform process, among both local and regional/international actors.

The specific objectives are:

- to identify benchmarks against which to assess and analyze the reform progress; - to assess and analyze (per country and per the region) the progress of the child care system reform

in the selected countries, in order to determine a baseline for further monitoring of the reform process;

- to identify opportunities to accelerate the reform of the child care system; - to enable local ownership of the assessment process; - to enable a review and input for further UNICEF support for the reform; - to outline a “model planning (monitoring) tool” to be used in subsequent sub-regional

consultations. • METHODOLOGY In order to ensure, as much as possible, the local ownership of the Assessment process, the assessment uses a participatory, collaborative research framework, allowing the relevant stakeholders to take part in key parts of the research process: from discussions regarding the tools utilized for the assessment, over suggestions of the information sources and ways to gather information, sense making (data analysis), discussion as well as recommendations. The assessment was based on the assessment tool developed for this purpose on the regional level. Within this framework, the following methods were applied:

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- semi structured group consultations with the Steering Committee initiated for the assessment, comprised of seven representatives of the governmental and non-governmental institutions involved in the reform process. They had three meetings throughout the assessment.

- A comprehensive desk review of relevant documents, as identified by the researcher, the UNICEF CO and the Steering Committee members.

- Semi-strucrured interviews with twenty-two further stakeholders involved in child protection on local and regional level.

- Mapping of the Albanian governance structure responsible for child and social protection.

Key limitation relates to the brief time available to identify an appropriate national consultant and to conduct the assessment itself. This was particularly relevant in order to allow meaningful involvement of the Steering Committee for the assessment.

• MOST IMPORTANT FINDINGS AND CONCLUSIONS Target groups of children: The most comprehensive overview of the acknowledged children at risk in Albania can be found in the draft Social Inclusion Strategy, which highlights the following groups of children:

- children living in absolute poverty (based on the results of the LSMS conducted in 2005), which include

o children living in deprived communities, remote villages and living on the edges of the major cities, o Roma and Egyptian children, o Children without parental care o Disabled children, o Trafficked children, and o Children working on the street.

The draft Strategy also notes the needs of children exposed to violence and neglect and children in conflict with law. Key reform initiatives and documents: Since the beginning of the 2000s, there has been a proliferation of different strategies in Albania. Many of these, beginning with the PRSP process, were under the influence of the World Bank activities in Albania. Further ones are currently being developed, aimed at reducing possibilities for overlapping statements, based on different political points of view (since different strategies were developed under different administrations). The strategies do, however, emphasise Governments commitment to target welfare benefits, improve the quality of residential care and provide community-based child and adult protection services. Reforms in relation to planning and decision making: The reform in relation to planning and decision making primarily focused on the development and strengthening of the planning and decision making on the regional level. In parallel, the MoLSAEO underwent a number of transformations, particularly through the initiation of new bodies to administrate the Strategies developed since the early 2000s or inter-ministerial committees mandated to have an advisory role in policy development. Relevant reform projects were supported by UNICEF and World Bank (separately). However, the regional level governance and the communication channels with the local authorities are yet to be improved. This is particularly relevant since the Strategy for Social Services (2005) envisages the relevant role for the local authorities in relation to reviews and assessments of relevant policies. Reorganisation of statutory services – “service purchasing” and gatekeeping on local level

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The reform efforts in relation to service purchasing are related to the development of the new ‘service purchasing’ on the local level, which has been piloted in select municipalities through World Bank support. The development of Community Care Plans (see section 4.3. for further details), which is highlighted in terms of needs assessment and community planning in the Social Service Strategy (2005) needs to be accompanied by further efforts for the development of case management procedures within the newly developed and existing statutory services. In 2005, several pilot projects were launched to provide statutory child proteciotn services in parallel to the reforms related to decentralisation and social services - Child Protection Units (supported by UNICEF) and Child Labour Monitoring Committees(supported by ILO-IPEC). These pilots are yet to be fully institutionalised and co-ordinated, particularly in relation to the existing activities of the Social Administrators. Decentralisation: Decentralisation of social services begun in 2005, based on the overall decentralisation efforts in the country (initiated in 1999), reflected in the new Law on Social Services. The decentralisation envisages increased responsibilities for the municipalities/communes, but even more so for the newly introduced regional level governance (creation of the Regional Social Care Sections). The latter was introduced through the pilot projects, initiated during 2005. Financial constraints (paralleled by great regional differences) affect the impetus decentralisation may have. Personnel issues: Personnel issues are mainly discussed in relevant documents and strategies in terms of their training and education. The Faculty of Social Sciences was established alongside with the MoLSAEO. Their co-operation has been supported through the World Bank reform projects since the early 1990s. Based on the Strategy on Social Services and the related Law on “economic assistance and social services”, the State Social Services are responsible for staff training since 2005 and are currently developing a training working plan. Although numerous training was provided to staff not only in a variety of social care services and social welfare staff in general, but also to staff in other sectors (i.e. justice and education), joint training and that related to case management may be required in future. Gatekeeping at the national level: Different gatekeeping mechanisms (development of standards, licensing and inspection) have all been introduced since 2005, based on the Social Services Strategy and the Law “on Social Assistance and Services”. Because of that, these are yet to be fully implemented. Their development has been supported through the World Bank Social Service Delivery Project (SSDP). UNICEF has been working in the residential care facilities for children to ensure the implementation of the newly developed residential care standards. Material assistance for children and families: Since it’s initiation in 1993, the economic assistance programme underwent several changes, aimed at adjusting the programme to the economic and social situation of the country. As noted in Chapter 3 (on key reform initiatives and documents), improved targeting of the economic benefits was included as one of the key reform efforts in all relevant strategies and subsequent legislation. However, as noted in the Strategy for Social Services (2005), the economic assistance still dominates in comparison to the provision of social services. Community based services: The policy environment in Albania stipulates the development of community-based services, together with the transfer of the responsibility for services from the central to the local government. Another important part of the reform was the introduction of the non-state (private or non-governmental) service providers since the early 2000s. Currently, community based services are mainly provided by the international and local NGOs and in the major cities. There is a lack of services that are targeted at not only children, but also

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parents (to support them in their parental role). Foster care services are yet to be developed, the drafting of a national strategy and action plan for Family Placement Services (Foster Care) is currently underway (through support from UNICEF). Initiation of a Social Fund is proposed for 2008, in order to stimulate the development of community-based services. The Social Service Delivery Project (SSDP) is playing an important role in the current development of the community-based provision. Deinstitutionalisation: The policy environment in Albania aims to promote deinstitutionalisation through two parallel objectives – improvements in the quality of care in existing institutions and promotion and development of community-based alternatives. Institutionalisation is not highly developed (in comparison to other countries in the region). These are currently provided by the central government, and are to be decentralised to the local authorities. • RECOMMENDATIONS 1. Target Groups of Children 1.1 Inclusion of all target groups of children in legislation (possibly through a child protection act). 1.2 Ensure issue-based policies focusing on individual target groups of children are informed by causal analysis and harmonized with other relevant policy frameworks in order to reduce the risk of developing parallel structures/mechanisms and to increase efficient use of resources. 1.3 Link the current reform to a more universal child welfare/children's services agenda which at its

broadest level is concerned with meeting the needs of all children, not just those in need of care. The protection system should be linked and focused on prevention, developing policy and discourses on:

o early intervention and support; o the reduction and prevention of risk (poverty) and harm; o the reduction and prevention of abuse and neglect; o the reduction of the numbers of children in need of protection; o the development of early years services;

2. Planning and Decision Making 2.1 Ensure the harmonization of approaches within MOLSAEO with regards to planning and subsequent resource allocation, and take a more pro-active approach to sector-specific donor coordination in order to reduce fragmentation within the Ministry, avoid the creation of parallel structures, clarify the mandates of existing structures, and clearly identify gaps in protection response. 2.2 Support the government to re-structure the various inputs regarding child protection under one

Department (to accompany the Child Protection Offices) on national and regional levels. 2.3 Provide central government level support and guidance to regional and local actors with regards to their new role in planning, delivering and managing social services, by providing them with relevant tools to assess needs, plan for social services, and monitor the implementation of relevant strategies/plans. 2.4 Strengthen the National Statistics Office to develop indicators and collect information on all categories of children at risk in order to inform policy and planning for social services. 2.5 Provide ongoing political commitment to harmonize relevant social protection strategies within broader development frameworks, and in coordination with the National Strategy and Action Plan for Children.

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2.6 Establish mechanisms and indicators to monitor the impact of key social protection strategies. 2.7 Support/activate existing mechanism for inter-ministerial coordination on Child Rights (through the Inter-ministerial Committee on Child Rights) by ensuring regular meetings and active participation of respective Ministries in the coordination and follow up efforts, including in the area of joint planning and monitoring of responses. 2.8 Ensure planning documents address quality and accessibility to social services including to geographically isolated or socially excluded underserved populations. 2.9 Identify mechanisms to assess pilot projects and institutionalize/nationalize good practices.

3. Reorganization of statutory services – “service purchasing” and gatekeeping at local level 3.1 Establish institutionalized referral mechanisms for child and family protection focusing on case identification and management, including:

• specify mandates of social administrators and other relevant staff within social service departments with regards to identification, reporting and referral, and clarify roles in relation to existing structures (i.e CPUs)

• revise job description of social administrators to clarify their role in case management • set up mechanisms to improve collaboration and share information between actors such as schools,

health centers, local government, in order to identify and refer children at risk • Raise awareness amongst professionals (social administrators) of their roles and responsibilities

towards the protection of children. • Increase capacity of professionals to identify children at risk of abuse of neglect. • Raise awareness of key stakeholders, including the general public, about the existence of referral

mechanisms, so they can make referrals to suitable agencies. The pilot Child Protection Units should be assessed with regards to its potential scaling-up. 3.2 Implement a comprehensive and harmonized National Care Planning System which is in line with international and national standards, as part of the Action Plan of Social Services. 3.3 Develop institutionalised protection mechanisms to identify, assessing, refer, monitor and treat cases of violence against children, including:

• Developing clear procedures and protocols for identification and referral within all key sectors (social services, education, health, police, justice)

• Develop internal regulations in relevant institutions and organizations regarding violence and abuse • Conduct specific in-depth training for the staff regarding physical, emotional, verbal, corporal,

sexual and slavery abuse. • Organize awareness raising sessions for children to inform them about different forms of violence

and their rights with regards to complaints procedures and support mechanisms. 3.4. Prioritize the urgent reorganization of Development Centres in terms of the building, staff structure, and special education in close collaboration with SSS. 4. Decentralization

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4.1 Develop clear guidance and adequate support mechanisms for local government to clarify the legal framework for decentralization.

4.2 Provide central government special guidance to support regional and local government in conducting

needs assessment and planning for social services. Specifically support is needed in the area of: • developing clear regional strategies and related regional and local level action plans for child

protection and indicators by which success can be monitored. • developing a regional data base in coordination with local governments in order to have a clear

picture of social problems of children in each area. • building the capacity of local government to assess social service needs to adapt to the

changing social realities of Albanian society, and to plan for and manage relevant services in an appropriate manner.

• Institutionalize cooperation between the relevant parties of government (central/regional/local) and find new ways of collaboration between regional and local governments and civil society.

4.3 Develop a sustainable financing strategy to support local government in contracting social services. 4.4 Raise awareness of local government actors, service delivery agents and the general public about child

protection issues and about what resources exist to respond. 5. Personnel issues 5.1 Reinforce the newly established training structure within State Social Services, through supporting a

baseline evaluation for social service training needs at local and central level, developing a subsequent training strategy, and allocating appropriate resources to the sector to enable them to realize activities. Regular annual plans for training should be developed in collaboration with NGOs.

5.2 Develop targeted in-service training on child protection for a range of professionals working with

children in State and non-State structures, including intensive focus on care planning. Ensure regular (twice per year) in-service training is provided to staff, based on their identified needs.

5.3 Introduce mandatory training programmes on relevant issues and comprehensive training for specialist

issues (to be certified by the SSS). 5.4 Strengthen ties between Faculty of Social Science and MOLSAEO with regards to identifying training

needs and developing appropriate pre-service and in-service training curricula. 5.5 Institutionalize social service trainings by having a mandatory link with the SSS training sector in order

to better coordinate training initiatives and promote sustainability. 5.6 Revise job description of social administrators to reflect law on social services and new expanded role. 5.7 Ensure that new staff meet professional qualifications required for the post, and develop orientation

training for new staff. 5.8 Support the licensing of social workers, and promote establishment of professional organization with

self-regulating standards and criteria.

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5.9 Within relevant State structures, determine a clear hierarchy and division of responsibilities among staff to ensure efficient and quality support to children.

5.10 Where appropriate, provide clinical supervision to staff to avoid burn out. 6. Gate-keeping at national level 6.1 Strengthen existing monitoring mechanisms to ensure adherence to criteria for entry into institutions are applied. 6.2 Develop leaving care plans for each child in residential care. Special attention should be paid to older children to ensure their preparation for independent living after they leave institutional care. 6.3 Build capacity of newly established Inspectorate body to assess quality of care within residential institutions, based on national Standards of Care for Children in Residential Institutions. Develop measurement indicators to facilitate assessment processes. 6.4 Expand national-level training on Standards to public residential care institutions. 6.5 Replication of the efforts done by UNICEF regarding residential care standards for other issues (trafficking, disabilities, overall social protection). 6.6 Implement complaints procedures in relevant institutions and services and establish the position of an Independent Reviewing Officer. 7. Material assistance for children and families 7.1 Give priority to reforming current system of economic assistance to ensure more targeted economic and

material support to families in need. 7.2 Cash social assistance should be accompanied by complementary social care services to ensure

vulnerable families and children get appropriate holistic support, including those receiving disability benefits

8. Community based services 8.1 Strengthen local government capacity to plan for, coordinate and monitor community based services,

including investing in their capacity to manage social funding mechanisms (foreseen for 2008). 8.2 Support for the creation of funds to be used for the development of community-based and prevention

services 8.3 Strengthen capacity of local and regional inspectors to assess quality of care among public and private service providers in line with national standards of care. In this interest, measurement indicators should be developed. 8.4 Priortise the creation of a network and referring system at the community level, to support service coordination with a client focus.

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8.5 Resources should be set aside to support the establishment the system of family placement services, the strategy of which is currently under development.

9. Deinstitutionalization 9.1 Create deinstitutionalisation plans for each institution 9.2 Deinstitutionalization should be concurrent with the establishment of alternative community based services. 9.3 Priority should be given to implementation of a preparatory plan for leaving social care, as part of individual care plans for children/youth in residential care. 9.4 Review of current budget allocation for residential institutions should be reviewed in light of

deinstitutionalization priorities. 9.5 Inclusion of special schools and juvenile justice institutions in the deinstitutionalisation efforts.

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Background of the Assessment

1. Context of the assessment The assessment of the child welfare reform in Albania is one of the activities of the project entitled ‘The Reform of the Child Care System in CEE/CIS, initiated in mid 2006 by UNICEF Regional Office. The project aims to address the following issues regarding the reform of child care in the region (covering Albania, Serbia, Kosovo, Montenegro, Croatia, FYR Macedonia, Bosnia and Herzegovina, Romania, Bulgaria and Turkey): - availability of a continuum of services in different communities and countries, which is able

to address diverse vulnerabilities through individual planning, based on an aim of providing quality care for children;



- the situation regarding the policy environment in which the reform is taking place, - the role of the state in the gatekeeping at national and sub-national level. The project has threefold objectives:

1. To accelerate the reform of the child care system by facilitating a renewed commitment for the reform through a consultative process and lessons learnt.

2. To build synergies between specialized institutions, NGOs, Governmental reform practitioners and financial institutions in their contributions to the reform by facilitating systematic exchange of good practices and lessons learnt.

3. To facilitate access to the latest knowledge and know-how for reform practitioners and to expand the mechanisms for regional capacity development.

These are to be addressed through activities carried out in several phases: Phase 1 – sub-regional consultations in order to prepare a ministerial conference to take place in 2008, potentially in connection with the CoE and its Council of Ministers. The conference is to be prepared through three sub-regional consultations. Phase 2 – Follow-up to subregional consultations. Phase 3 – Building synergies and facilitating longer term capacity development of Governments and reform practitioners. As a part of the activities under Phase 1 of the project it is envisages to conduct a regional assessment of the progress and current gaps in the reform processes in selected countries. This assessment is to be conducted in Albania, Bulgaria, FYR Macedonia and Serbia, in preparation for the first subregional consultation for the CEE, to take place in Bulgaria in early July 2007.

2. Reform efforts undertaken by the UNICEF Albania Country Office UNICEF established its presence in Albania in 1992 with emergency interventions in response to the deep crisis following the collapse of the communist regime. As the situation stabilized and Albania entered into the transition period to democracy and a free market economy, UNICEF

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progressively developed longer term development strategies for children’s services. Its strategic mission has changed over time in accordance with the priorities of the country development. In order to ensure that the reform process adequately responds to these needs of at-risk groups, UNICEF assists the government in the implementation and fine-tuning the reform, focused on those components of the reform that specifically address children (i.e. decentralization, de-institutionalization and the establishment of new community based social services for children and families). Since 2000, UNICEF has been working closely with the government to improve the general understanding of key protection issues and of the key elements necessary to ensure a functioning protection system; as well as to mobilise resources and technical expertise to support the development of relevant policies and legislation, strategies and standards, institutional mechanisms, professional and managerial capacity, and innovative community-based protection response. New studies being undertaken to map and assess the current functioning of the child protection system will further elaborate on future priority areas and needs. At the national level, the Ministry of Labour, Social Affairs and Equal Opportunities (MoLSAEO), as the lead actor on social service reform, is the main partner. UNICEF has lobbied for an inter-sectoral approach to protection and has facilitated ad-hoc inter-ministerial working groups to address protection response. Selected reform-focused activities in the period 2005-2007 include: • Support to the MoLSAEO in establishing a Child Protection Focal Point within the Directory

of Social Services (2005-2007) - the policy making department of MoLSAEO – to ensure protection issues were incorporated throughout the reform process;

• Support for the establishment of an inter-ministerial Technical Secretariat for Children within MoLSAEO in 2006, charged with monitoring the implementation of the National Strategy and Plan of Action for Children 2005-2010. The Secretariat has subsidiary counterparts at the regional level, charged with developing regional plans for children;

• Contribution to the development, strengthening and dissemination of child protection policies, legislation, standards and protocols of care including: National Strategy and Plan of Action for Children, Revised National Strategy for Social Services (2005), Revised Law on Social Services (2005), National Strategy to Combat Child Trafficking (2005), Family Code Implementation Handbook, revised provisions to prevent and combat domestic violence, compliance of new provisions on adoption of children with international standards.

• Support to the drafting of a National Strategy on Family Placement Services, upon request from MoLSAEO, which will include legal and administrative regulations, infrastructure and human resources needs, as well as costing assessment. The National Strategy on Family Placement Services is a significant step towards increasing community-based care options for children without parental care (2006/2007).

• Contribution to the development of National Standards of Care for different target groups including: standards for children in residential care institutions, children with disabilities and victims of trafficking, as well as the media standards on child protection – either through direct financial support or through technical input through expert working groups;

• In 2006 the standards were printed and disseminated to public residential care institutions as part of a more general orientation session about social service reform, delivered by

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representatives of the MoLSAEO and the SSS. In 2007, a needs assessment for standards training was conducted with residential care institutions, and detailed care planning tools were developed. Training of managers and staff on these tools and standards is ongoing.

• Support for the drafting of the Family Code Implementation Handbook to guide judges in the implementation of the new Family Code (2003);

• Contributions to policy formulation, including: procedures for licensing of service providers, and establishment of National Inspectorate within the State Social Services (SSS).

• Help with the design and piloting of the Municipal Child Protection Units in seven cities (beginning in Kukes and Tirana, and later replicated in Korca, Elbasan, Pogradec, Fier and Gjirokastra) with the aim of increasing the capacity of local authorities to coordinate and manage multi-sectoral service response to child protection issues.

• Commissioning and support for the key research efforts related to Child Protection including: o A Systems Analysis of the Child Protection System, aimed to develop an accurate

picture of the current protection system, across all key sectors, and of all the actors involved; identify strengths and gaps in this system and in the plans for its reform, to inform future strategy/action plans; preparing recommendations with a view to strengthening the child protection system that can serve as a basis for development of a strategy on child protection (2007).

o Base-line study to assess sensitivity of the system to identify, record and report cases of violence against children (2007) (as part of a regional assessment)

o Study on Violence Against Children in Albania (2006) o Resource Directory of Child Protection Services (2007) o Assessment of residential care institutions (2006) o Health worker assessment (2006):A research on knowledge and response of

professionals to domestic violence and follow up training building on the findings of the assessment

3. Objectives of the assessment The overall objectives of this assessment are:

- to increase the understanding of the progress and short-comings of the reform process in CEE, from the view of different stakeholders on country and regional level, which can serve as a “baseline” for further reform support;

- to provide policy analysis that can serve as an input for further support for the reform process, among both local and regional/international actors.

The specific objectives are:

- to identify benchmarks against which to assess and analyze the reform progress; - to assess and analyze (per country and per the region) the progress of the child care system

reform in the selected countries, in order to determine a baseline for further monitoring of the reform process;

- to identify opportunities to accelerate the reform of the child care system; - to enable local ownership of the assessment process; - to enable a review and input for further UNICEF support for the reform; - to outline a “model planning (monitoring) tool” to be used in subsequent sub-regional

consultations.

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Methodology In order to ensure, as much as possible, the local ownership of the Assessment process, the assessment uses a participatory, collaborative research framework1, allowing the relevant stakeholders to take part in key parts of the research process: from discussions regarding the tools utilized for the assessment, over suggestions of the information sources and ways to gather information, sense making (data analysis), discussion as well as recommendations. The assessment was based on the assessment tool developed for this purpose on the regional level (see Appendix 3 “Assessment Tool”).

1. Data sources, data collection methods and analysis Within the noted framework, the following methods were applied: - Semi-structured group consultations with the key stakeholders that took part in the reform

efforts to date A technical Steering Committee was established by the local researcher in co-operation with the UNICEF Albania Country Office, in order to ensure that the Assessment is guided by the expertise, advice and overview by the relevant local stakeholders. It includes representatives of governmental and non-governmental institutions involved in the reform process (see Appendix 4: A list of the Steering Committee members). An invite to join the group was sent to seven relevant stakeholders from both non-governmental and governmental institutions, as well as supranational ones2 They attended two meetings between 25th of April and end of May 2007, and discussed the draft individually with the local researcher in mid-June, 2007. - 1st meeting (25th of April 2007) – a review of the research assessment tool, help to identify

and facilitate access to relevant documents and contact persons; - 2nd meeting (22nd of May 2007) – a review of the system map and identification of potential

good practices; - 3rd meeting (20th of June 2007) – a review of the draft assessment report.

- a comprehensive desk review of relevant documents All relevant policy documents (for example, the national strategy documents related to child and/or social protection reform), studies that informed the reform efforts, primary legislation, as well as secondary (i.e. decisions of the Council of Ministers), standards, draft laws and line Ministry Directives or circulars were identified and reviewed, with assistance from the Steering Committee and the UNICEF Albania Country Office. Documents from governmental, non-governmental and supranational organisations/agencies were included.

- interviews Additional semi-structured group/individual consultations were conducted with the local experts involved in social protection. These were conducted through individual meetings, as

1 i.e. Trickett, E.J., Ryerson Espino, S.L. (2004) 'Collaboration and Social Inquiry; Multiple Meanings of a Construct and Its Role in Creating Useful and Valid Knowledge', American Journal of Community Psychology (34) 2 The Ministry of Labour, Social Affairs and Equal Opportunities, the State Social Services, Technical Secretariat for Children, the People’s Advocate, Municipality of Tirana, the Faculty of Social Sciences (University of Tirana), NGO ‘Every Child’, the Word Bank.

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well as e-mail and phone exchanges, with the representatives of the relevant municipal local authorities (Tiran, Durresi, Kukesi). These included further twenty-two key stakeholders involved in the social and child protection on the local and regional level (see Appendix 5 – list of interviewees). Interviews were based on the assessment tool (see Appendix 3), with adjustments made in relation to the interviewees mandate and/or expertise.

- mapping

A map was produced to create a visual presentation of the Albanian governance structures responsible for child and social protection. It illustrates the administrative divisions and types of services from local to national level, as a visual aid for the understanding of the decision/making/accountability/reporting lines and the sources of funding. The map is included in the Appendix 6 of the report.

The analysis was qualitative in nature and based on the assessment issues, as identified in the assessment tool. 3. Stakeholder participation in the Assessment As noted, the stakeholder participation was ensured through the initiation and activities conducted by the Steering Committee, formed for the Assessment (see information provided in the previous section for details). Amendments to the tool weren’t possible (although highlighted as a possibility), due to the need to ensure regional level analysis of the individual Assessment processes in Albania, Bulgaria, Macedonia and Serbia. However, the Steering Committee members had a vital role in the providing of information on the likely data sources (i.e. documentation and research), reviewing of the draft findings and the finalization of the actual report (including its’ recommendations).

4. Key limitations Key limitation relates to the brief time available to identify an appropriate national consultant and to conduct the assessment itself. This was particularly relevant in order to allow meaningful involvement of the Steering Committee for the assessment.

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Findings

1. System map elaboration – the Governance system of child protection in Albania See Appendix 6 for a visual presentation of relevant governance structures

1.1. National level governance of child protection The Ministry of Labour, Social Affairs and Equal Opportunities (MoLSAEO) is the main State body responsible for social protection, including in its mandate responsibility for poverty reduction and social care of groups and individuals in need, including children. Key structures within the Ministry that address child protection include the Department for Social Policies and Services and the Policy Directorate for Equal Opportunities which hosts the Technical Secretariat for Children (see below). In addition to the policy making role, the MoLSAEO also administered cash benefits and social care programmes in the period 1993-1996. It exercised this power through four departments - the Department of Social Assistance for Poor Families, the Department for Disability Allowances and Care Services, the Department for Children without Parental Care and the Department for the Protection of Women. These were, at the same time, also responsible for policy making, distribution and supervising/monitoring of service’s performance. The necessity to improve coordination and cooperation among social assistance and social care programs and to distance the political influence over public administration led in 1996 the creation of the General Administration of Social Services (GASS, now the State Social Service) as an independent self-managing body with executive functions on social assistance and social care programs (see below for details). The General Policy Directorate of the Ministry of Labour, Social Affairs and Equal Opportunities (MoLSAEO) is responsible for policy making, legislation development, promulgation of standards, drafting of strategies and programmes in relation to social protection of the groups exposed to risk including children. Within the General Policy Directorate there is the Department for Social Policies and Services (DSPS) responsible for protection of groups at risk3. The DSPS has a staff member responsible for policy issues related to at risk groups including trafficked persons, Roma and Egyptian minorities and children4. In addition, there is a Child Specialist post which is responsible for serving as a focal point for child protection issues through the process of social service reform. Within the MoLSAEO, the Policy Directorate of Equal Opportunities, is responsible for coordination, monitoring and reporting on policies and services related to women, children and

3 As defined in Vulnerability and Institutional Needs Capacity Assessment (VNICA), which highlighted the following at-risk groups: Disabled, children at risk, youth at risk, women and families at risk, elderly at risk (World Bank, 2001a: 13) 4 Among the minority and ethnic groups, the Balkan-Egyptians are identified as another important community. This community has almost the same social and economical issues as the Roma. The group does not speak the Roma language and has a different mentality and lifestyle and, as such, requires the formulation of specific social policies targeted to the needs of the Balkan-Egyptians.

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select vulnerable categories. This Directorate hosts the Technical Secretariat for Children which provides support and information to the Inter-ministerial Committee on Children. While the Secretariat is an administrative body, the Inter-Ministerial Committee acts as an advisory one, proposing (but not enacting) policies that relate to Children’s Rights. The Technical Secretariat is to monitor the progress of implementation of the National Strategy and Action Plan for Children. It aims to achieve this through: (i) the identification of concrete objectives for children to be achieved by the different line

Ministries; (ii) creation of the focal points for the National Child Strategy monitoring within the line

Ministries; (iii) periodical collection of information from the focal points in the Regional Councils

Offices5 ; and (iv) Collecting statistics and compiling progress reports for the Inter-Ministerial Committee. The establishment of the Technical Secretariat is strongly supported by UNICEF, which is also gives its help in capacity building facilities, including training. The State Social Services (SSS) is an executive body of the MoLSAEO set up in 1996. Through its’ regional offices, it is responsible for planning, management of funds, licensing and supervising/monitoring the public and private service providers6. Development of governance decentralization has brought to an increased responsibility of local governments for the provision of public community social services (traditionally under the mandate of SSS). Under the new status of local governments regarding community social services, the SSS status and designation were amended in 20027. This introduced the new primary responsibilities of SSS as an inspectorate body (monitoring quality and delivery of care against newly developed national standards), monitoring/supervision of the performance of existing services and staff development (based on professional training for staff and service providers) The SSS is run and administered by the Administrative Board of State Social Services led by the Minister of MoLSAEO, which is the highest decision-making body. SSS has 12 regional branches that have the same responsibilities as the SSS, but on regional level. They also serve as liaison bodies among local governments and Central SSS administration.

1.2. Regional level governance of child protection For details regarding the decentralisation of child and social protection, see Chapter 6 (decentralisation) and Chapter 4 (planning and decision making). The Region is the second highest level of governance, acting as an intermediary governance level between the local and central governments. There are 12 regions in Albania and each of them

5 Currently there are 4 pilot focal point persons placed in 4 Regional Council Offices. 6 The SSS was set up by Decision no. 52, dated 8 January 1996, of the Council of Ministers, “For the Establishing and Functioning of the General Assistance and Social Care Council, and the General Assistance and Social Service Administration,”. 7 The Council of Ministers, Decision no.153, 25 April 2002 “Adoption of the State Social Service Status” based on the Article 26, the Social Services Law No 9355, 10.05.2005.

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consists of a number of municipalities/communes8 with traditional and/or economic and social development ties.

Box 1. Administratively, Albania is divided in 12 regions, 65 municipalities and 309 communes. The municipalities in urban centers and commune in rural areas represent the basic unit of local governments or first level of self-governance. The Municipality/Communal Council is the representative body of the municipality/commune and the Councilors are elected through the regular elections every three years. Meanwhile, the Mayer makes up the executive body. The region is the second level of local self-government and consists in a number of municipalities and communes with traditionally economic and social ties to one another. In order to ensure the region’s role as a bridge municipalities and communes and central government, the Council of Ministers appoints the ”Prefect” in every region. Local governments in Albania as rational and fairly autonomous administrative organizations are a recent phenomenon.

In August 2005, under the decentralisation reform, the MoLSAEO delegated the functions for provision of social care services to the local level, starting with four pilot regions9. The delegation of these functions creates for the first time a Social Care Service Unit at the Regional level and later the creation of the Regional Community Care Committees (RCCC). In four regions, RCCCs performed local needs assessment and developed Community Care Plans. Currently this approach is extended in 12 regions. In 12 regions there are written initiatives (Community Care plan document) for developing social assistance and care services for vulnerable groups or at risks, including children.

1.3. Local level governance of child protection The Law on the Organization and Functioning of Local Government10 defines that that the representative body of the commune or municipality is the Communal/municipal Council. The executive body of the commune or municipality is the Mayor. At the local level, there is a network of 38511 Social Service Sections/Offices with at least one employee named social administrators (SA). They are appointed by the Mayer or the Head of the Commune and paid through the local government budget. Under the Social Service Law (2005) the Social Administrators are mandated to provide co-ordination and delivery of the social care services at municipal/commune level. The number of social offices varies according number of population. In big urban areas, there are three or four offices. In rural areas there is only one office, placed in the Commune Centre. Large

8 Commune is the name for the local governance structure in the rural areas, while municipalities are the local governance structures in the urban areas of Albania 9 The Council of Ministers, Decision No. 563 „On Identifying the Responsibilities of the Region for the Distribution of the Social Care Services“, 12.08.2005. 10 Article 6, “The Law on the Organisation and Functioning of the Local Government”, no. 8652, 31.07.2000. 11 In each commune and municipality exists a NE office or NE section. Exception does Tirana Municipality with 11 NE offices: one per each mini-municipality.

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municipalities have up to six staff in the Social Service Office12. Due to its particular administrative structure, there are 12 Social Service Offices in Tirana (one in each sub-municipality), with approximately forty employees. Generally speaking, the social service programs are financed by central government through MoLSAEO and administered by Local Government. Social assistance (SA) program (targeting poor families, including those with children) was the first deconcentrated public service (provided through the local government structures). The MoLSAEO delegated them with this function in 1993. In 2005, the deconcentration extended to include social care services. While the funding of these provisions is still mainly covered by the central government, there is no information available about the contribution of each of the stakeholders (central government, local government, donors contribution and private donations). More specifically to child and social protection, the Municipal/Communal Council and Social Service Sections are responsible for13:

• approving the funds for social assistance and disability entitlement distributed in their municipality/commune;

• taking decisions on cash benefits and social care services to be provided to individuals and households based on an individual needs assessment, performed by the Social Administrator;

• contracting of the licensed private service providers (where such services are not provided by the public providers);

• through their own funds, they support families in need with additional economic assistance or other forms of immediate assistance;

• drafting the Social Services Development Plan, which is based on local resources, needs and priorities;

• approving and supporting social care services on the basis of the local priority needs assessment.

1.3.1. The newly introduced pilot structures at municipal level Two innovative pilot projects for child protection are underway in select municipalities. The first, is a UNICEF supported initiative to establish Municipal Child Protection Units within the local structure of Municipal Social Services. The objectives of the units are to support local government in coordinating and planning for multi-sectoral child protection coordination, service and response. In 2005 the first pilot CPU was established in Kukes, and in 2006, the expansion of the pilot saw its establishment in five additional municipalities (Korca, Elbasan, Fier, Gjirokastra and Pogradec). A sub-project with a specific focus on street children was supported through the Tirana Municipality’s Child Rights Unit. The second project refers to the ILO-IPEC supported municipal Child Labour Monitoring Committees which bring together representatives from key sectors to identify and respond to cases of child labour. For further details, please see the Chapter 5.

12 Information provided by the State Social Service Administration for the purposes of this assessment 13 The Law on Social Services, 10.03.2005, article 29

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1.4. The role of other relevant Ministries and their bodies The Ministry of Interior. Through the State Police structures, this Ministry has intensified its efforts in relation to child protection. To this end, the Section for Child Protection was set up at the General Directorate of the State Police, as part of the Directorate against Terrorist Acts and Open Crimes. It is designed to protect children from exploitation, abuse and Criminal activities, as well as to prevent acts of juvenile delinquency14. In order to assist this Section, a Specialist responsible for child protection is now stationed in all 12 Regional Police Directorates15 The State Police Department on the central level and the Anti-Trafficking Section on the regional level make referrals of asylum seekers and victims of trafficking (including children) to the shelters for the protection of victims. This is conducted in collaboration with the local government (municipalities and communes) authorities. Until now there are few shelters operating in this field: the National Reception Centre for Victims of Trafficking managed by State Social Services and four reintegration shelters managed by NGOs and financed by external donors (located in Tirana, Elbasan, Gjirokastra and Vlora). In addition, the Criminal Police Sections at the Police Commissariats are charged with the priority task of discovering, documenting and preventing criminal activity against children and by children. The same task is assigned to the order keeping and community policing structures, too. (Council of Ministers, 2005: 30). The National Strategy for Children also notes that special care has also been taken to improve the legal acts regulating police treatment of children involved in police operations (reception and detention at the border crossings, police commissariats and pre-detention centres, prior to children’s placement in the custody of the Ministry of Interior). The Strategy also notes that ‘the transfer of pre-detention facilities under the Ministry of Justice was legally to have been finished in the year 2002. However, they continue, unlawfully, to fall under the jurisdiction of the Ministry of Justice.’ (Council of Ministers, 2005: 31). The same applies today. The Ministry of Interior chairs the State Committee of the Fight Against Trafficking in Human Beings which coordinates anti-trafficking action, one of the Albanian Government’s key priorities. The National Strategy for Combating Human Trafficking: Strategic Framework and National Action Plan 2005-2007, and related National Strategy to Combat Child Trafficking, guide the anti-trafficking response, which focus in three main areas: 1. investigation and prosecution of trafficking offences, 2. support and protection to victims and witnesses, and 3. measures to prevent trafficking and re-trafficking.

14 Specific tasks of the Section include: prevention of child trafficking, protection of children called to testify in court, protection of child eyewitnesses to crimes, protection of the rights of children placed in foster institutions, protection of re-admitted children, tracking inter-country adoptions, protection of unaccompanied foreign children, protection of children who have fallen victim to child sale, prostitution, sexual abuse and exploitation, pornography, drug abuse and drug sale, abuse of alcohol, tobacco, etc. In addition, the section is responsible for the coordination of child protection police actions, both locally and internationally through Interpol Tirana. All from Council of Ministers (2005:30) 15 as part of the personnel for prognosis, analysis and coordination in open crimes, also from Council of Ministers (2005: 30)

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A National Coordinator for anti-trafficking, also the Deputy Minister of Interior, supervises the Anti-Trafficking Unit which is responsible for monitoring the implementation of the National Strategy, coordinating with key institutions, and collecting information and data on the phenomenon. A National Responsible Authority – housed within the Anti-Trafficking Unit - is an inter-ministerial body comprised of the Ministries of Interior, Labour, Social Affairs and Equal Opportunities and Foreign Affairs, and is tasked with coordinating national level referral, assistance, protection and rehabilitation of victim of trafficking. Newly established Regional Anti-Trafficking Committees serve as sub-national focal points for assistance and referral Commitment to national and bilateral coordination has been demonstrated through the establishment of a National Referral Mechanism, and the signing, in February 2006 of a Greek-Albanian bilateral agreement for the repatriation of trafficked and unaccompanied Albanian children from Greece. The Ministry of Education and Science manages the two National Institutions for Deaf and Blind Children, as well as the specialised boarding schools for children with learning difficulties. As shown in the System Map (see Appendix 3), these institutions are under the Directorate of Curricula and Development. In 2005, the Ministry piloted a “Second Chance” programme to provide specially targeted education to children who drop out or are at risk of dropping out of school (including children involved in blood feud, and children living and working on the street). In the same year, the Ministry introduced the new post of school psychologists into the pre-university education system. The Ministry of Health is responsible both for the operation of the primary health care system and hospital services. In relation to children, it is important to note that the Directorate of Public Health at the central level has one specialist staff that acts as a focal point for the Technical Secretariat for Children within the Ministry of Labour and Social Affairs. In addition, the Ministry of Public Health includes the National Centre for Child Wellbeing. The Centre deals with the early detection and treatment of development delays, physical and sensor disabilities. This centre operates only in Tirana and is incapable to meet the needs of all target children. The Ministry of Justice has overall responsibility for the courts and the judicial system, the Office of the General Prosecutor. The organization and operation of the Ministry of Justice is governed by a new Law16. In relation to at-risk children, the Directorate of Juvenile Justice and Administrative Services contains the Section on the Legal Protection of Children. This Section is responsible for the coordination of activities related to children in conflict with law. In addition, the Ministry of Justice is home to the Albanian Adoption Committee and the High Council of Justice. While the High Council of Justice is responsible for the judicial decisions regarding adoptions, the Adoption Committee both maintains a list of children eligible for adoption and oversees the process of matching adoptive families with such children. The Committee is made up of the representatives from different ministries17, and has a permanent

16 The Law on the Ministry of Justice 8678, 14.05.2001. 17 The Ministry of Justice, the Ministry of Health, the Ministry of Education and Science, the Ministry of Labour, Social Affairs and Equal Opportunities, the Ministry of Foreign Affairs, the Ministry of Interior, the Ministry of Finances, the Faculty of Law (being the authority in the Family Law), and one representative from the so-called ‘Orphans’ Association’.

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Executive Secretariat located within the Ministry of Justice. This Secretariat consists of three social workers, one psychologist, and one lawyer. The Albanian Adoption Committee (AAC) is the highest state administrative body vested with full authority to handle the adoption of abandoned children both nationally and internationally. It was set up under Law no. 7650, dated 17 December 1992, “For Adoptions.“ This law recognizes the establishment and functioning of the AAC, as well as its composition as a collective body made up of representatives from the MoJ, the MoH, the MoE&S, the MoLSAEO, the MoFA, the MoI, the MoF, the Faculty of Law (being the authority in the Family Law), and one representative from the Orphans’ Association. Together, these representatives constitute the Committee Board. The development and adoption of Law no. 7650, dated 17 December 1992 anticipated Albania’s adherence to the Hague Convention ‘’For Protection of Children and Co-operation in Respect of Inter-country Adoption.” Under this law, adoption is allowed to take place only when it is in the child’s best interests. The INSTAT collects, processes and analyses information relevant for the functioning of all Ministries, including the MoLSAEO. The INSAT offices at the regional level collect, process and analyse the relevant data (with children as the unit of measurement) based on data from the Living Standard Measurement Survey (LSMS). In addition to these specific tasks, the different activities of the relevant Ministries are also arranged through the Technical Secretariat for children under the Policy Directorate for Equal Opportunities (as described under 1.1.).

2. Target groups of children The most comprehensive overview of the acknowledged children at risk in Albania can be found in the draft Social Inclusion Strategy18, which highlights the following groups of children: - children living in absolute poverty (based on the results of the LSMS conducted in 2005),

which include o children living in deprived communities, remote villages and living on the edges of the

major cities, o Roma and Egyptian children, o Children without parental care o Disabled children, o Trafficked children, and o Children working on the street.

The draft Strategy also notes the needs of children exposed to violence and neglect and children in conflict with law.

Target groups identified in relevant legislation The target groups of children in child protection are – mainly indirectly - identified in the Law “On Social Assistance and Services”19 and the Family Code20 of Albania. Relevant definitions 18 Draft is available on http://www.keshilliministrave.al/shqip/dsdc/archive/Crosscutting%20strategy%20-%20Social%20inclusion%20-%20Nov%202006%20-%20English.pdf (site accessed on the 4th of June 2007). 19 Law No. 9355, March 2005

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of the former Law21 differentiate between ‘children’, ‘orphans’, ‘youth’ and ‘girls’ as the ‘groups in need’ eligible for social services22. ‘Children’, ‘Youth to the age of 25’, ‘girls in need’ are highlighted as the beneficiaries of the social services23. The Act “on Status of Orphan”24 defines children with social problems or at risk as including: abandoned children, children without parents, working children and “orphans”. The same Act defines orphans as all people aged 0-25. Due to the fact that the disabled children are eligible for the disability and care allowance (for details, see Chapter 9), they are noted in the legislation under the umbrella term ‘disabled persons’. The economic aid (“ndihma ekonomike”, as defined in the Law on Social Assistance and Services) indirectly includes children as target groups. ‘Unemployed orphans above 25 years of age, not residing in institutions or who are under no guardianship authority”25 are listed as eligible for this type of support. Besides this target group, ‘families lacking income or generating insufficient income’26 and ‘mothers of families in need that have more than two children born simultaneously’27 are eligible for this provision. The Family Code specifies issues related to Adoption and Guardianship. The 1995 Criminal Code28 stipulates that a person bears criminal responsibilities for offences committed after the age of fourteen (Article 12), while the age responsibility for a criminal contravention is sixteen. The imprisonment sentences for minors may not exceed half of the term of punishment provided for by law for the criminal act committed (article 51). The court may exclude minors from punishment and decide to place the minor to ‘an educating institution’ (article 52). Trafficking of children is also punishable by this Law29.

Target groups of children identified in relevant research and strategies, but underserved within the current child protection The term “social exclusion” is relatively new in the Albanian social literature and policy. Vulnerability needs and institutional capacity assessment (VNICA, World Bank, 2001a) was the first attempt to analyse a wide spectrum of groups of people “in social need” and “group at risk”, based on a needs assessment and a review of the legislative framework and social services available in Albania. The VNICA focused on children aged 0-14 (rather than 0-18) and, within this age group, identified the following ‘children at risk’: 20 Law No. 9062, May 2003 21 Article 4.5. of the Law on Social Assistance and Services 22 In addition to the elderly, women and disabled persons. 23 In adition to the elderly, the disabled, women and ‘all those risking to join groups in need’, Article 6 of the Law on Social Assistance and Services. 24 Act no. 8153, dated 31.10.1996 (from World Bank, 2001a: 21) 25 Article 5.2. of the Law on Social Assistance and Services 26 Article 5.1. of the Law on Social Assistance and Services 27 Article 5.3. of the Law on Social Assistance and Services 28 The Criminal Code of the Republic of Albania, Law No. 7895, date 27 January, 1995, amended by Law No. 8204, date 10 April 1997, amended by Law No. 8279, date 15 January 1998, amended by Law No. 8733, date 24 January 2001 29 Added by the Law No. 8733, 24th of January 2001. Relevant sections relate to sexual intercourses with minors (article 100), sexual intercourse by force, with minors between the age of 14-18 (article 101), kidnapping or keeping a person hostage (article 109), exploitation of prostitution under aggravated circumstances (article 114/a), intentional hiding or exchange of a child (article 128/a and trafficking of children (Article 128/b).

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- ‘orphan children’ in ‘Orphanage Public Institutions, - ‘orphan children’ living with the extended family, - Children dropping-out from school, - Working children (aged 6-14), - Children involved in a blood feud, and - Children living in poor families, with parents abroad, involved in criminal gangs.

The data from this study was quoted in the National Strategy for Socio-Economic Development (The Council of Ministers, 2001). In addition to protection of disabled children, children exposed to vengeance and blood feud and working children, The 2005 National Strategy and Plan of Action (NPA) for Children30 (Council of Ministers, 2005) highlighted the needs of children exposed to violence, children in conflict with the law, trafficked children, but also issues related to children exposed to weapons and explosives, suicide among children and protection of children in traffic. It also included a special emphasis on the protection of female children, in relation to the abortion of female children in some parts of Albania. The VNICA also highlighted the Roma and Egyptian (Gypsy)31 communities as among the communities most affected by poverty and recommended a targeted Roma strategy (Abdikeeva and MRG, 2005). The subsequent 2003 National Strategy for Improving Roma Living Conditions (Government of Albania, 2003) included Roma families and Roma Children as targets for social protection measures included in the plan. The Social Services Strategy (MoLSAEO, 2005a: 26) notes another group of at-risk children, currently underserved within child protection:

In addition to trafficked children or those at risk of trafficking, there is also a group of children, mainly in the age group 14 to 18 years, who are sent by their own families to work in neighboring countries, which constitute mainly that group of children described as “unaccompanied children sent overseas”. From time to time, this category is identified together with trafficked children, something which does not actually correspond to the reality.

3. Key reform initiatives and documents Conclusion: Since the beginning of the 2000s, there has been a proliferation of different strategies in Albania. Many of these, beginning with the PRSP process, were under the influence of the World Bank activities in Albania. Further ones are currently being developed, aimed at reducing possibilities for overlapping statements, based on different political points of view (since different strategies were developed under different administrations). The strategies do, however, emphasise Governments commitment to target welfare benefits, improve the quality of residential care and provide community-based child and adult protection services.

30 For further details, see section 3.4. of this report. 31 The use of term Gypsy is not standardized throughout the region and in some place may be seen as discriminatory. To avoid confusion, the term ‘Egyptian’ is used.

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3.1. Background of the reform initiatives in Albania In 1991, Albania embarked on a deep political and economic reform aimed at establishing a democratic regime through the protection of the individual rights and at raising the standard of living through the free market economy. Before 1990, Albania officially belonged to the former socialist bloc, but was, in fact, totally isolated, which was evidenced in social, economic and political issues. 3.1.1. Transformation of the economy, relevant political issues and external factors On the eve of transformation from socialism to capitalism, the data about economic performance of the former socialist bloc showed the gap between Albania and other former socialist countries (IMF, 1992: 26). In May 1992, the Government’s stabilisation program, devised in cooperation with the IMF, was approved by the Parliament. The urgent goals of the programme related to the stabilisation of the main social and economic indicators, seemed to have been achieved within the first year32. However, in the period 1997-1998, despite the important measures undertaken on the fiscal and structural fronts33, the political, economic and social problems still persisted (especially after the 1997 collapse of the pyramid schemes which led to economic devastation for families throughout the country, and subsequent civil unrest) . The rates of economic growth were slow, even lower than in the period 1994-1996 (Bank of Albania, 1997). In addition to the deep internal difficulties34, the conflict in Kosovo in the late 1990s added further risks to the situation inside the country. For example, Albania still suffers problems in relation to mines that were placed along the border with Kosovo and existence of illegal arms (Council of Ministers, 2005: 31). In addition, it is estimated that nearly 500,000 Kosovo refugees came into the country between March and June 1999 (GAO, 2000), in which added further pressure on the already weak economy. The majority of Kosovar refugees, however, returned home within several months. The economic reforms since the early 1990s (mainly supported by the IMF and the World Bank) are perceived as being successful in restoring and maintaining the macroeconomic stability since the beginning of the transition to a market economy, but the poverty still remains widespread (Westin, 2006). According to the 2002 Living Standard Measurement Survey results, poverty in Albania is a multidimensional phenomenon, reflected in low or very low level of the incomes of the poor 35; higher disease rate and lack of appropriate medical services36; illiteracy or low level of schooling37; low participation in the government decision making institutions, as well as social exclusion38 (INSTAT, 2002). Poverty is particularly pervasive in the rural areas. 3.1.2. Transformation of social protection

32 i.e. the increase of the real GDP by 8-9%, decline in unemployment by 4-5% and decline of inflation by 12% (Bank of Albania, 1997) 33 The economic reforms outlined above, paralleled with the subsequent institutional reforms (i.e. the new legal framework for the civil service) 34 i.e due to the collapse of the so-called pyramid schemes (informal investment and banking schemes) in 1997 (The Council of Ministers, 2001) 35 18 per cent of the Albanians live on less than US $2 a day, while 3.8 per cent live on less than US$ 1 a day 36 the infant mortality, mortality rate of children aged under 5 and maternal mortality are relatively high compared to the countries of the region 37 only 88 per cent of the population aged under 15 is able to write and read 38 75 per cent of the poor families experience acute social problems

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The Government of Albania (GoA) is committed to tackling poverty within the country and in particular to providing assistance to the most vulnerable groups of the population. As in the other countries of the Eastern Europe, a reformed social protection system was needed in Albania to alleviate the shock of transition from a central to a market economy. Despite the fact that elements of social policy have existed before the 90s, the institutions of the Albanian ‘welfare state’ were largely established from scratch, in parallel to the (noted) large scale economic transformation. The social protection system in Albania includes four components: social assistance concerned with poverty alleviation, social insurance, labour market development and social care programs.

3.2. Country-wide reform initiatives and documents (of relevance for child and social protection) Decentralisation Strategy (1999) The first relevant strategy to note – particularly since it had a great impact on subsequent Strategies (within child protection and overall) – is one concerning decentralisation. In 1999, the Government signed the CoE Charter on Democratic Self-Government. Following this event, a task force was established, comprised of a wide range of central and local government, non-government and international community stakeholders, in order to develop an appropriate strategy. The Task Force produced the National Strategy for Decentralisation and Local Autonomy, approved by the Government in November 1999 (DFID, 2000). The Strategy envisaged a two-tier structure of elected communes/municipalities grouped in Regional Circuits with Regional Governors elected by the commune/municipality leaders. This structure was put in place in early 2001. Socio-economic strategies since 2000 Under guidance from the World Bank, a group of main donors in Albania was set up in December 2000. At the time, the Official development Assistance (ODA)39 was increasingly focussed on supporting government activities, resulting in the 68% of current aid now invested in supporting the government sector (Ministry of Finance, 2006). The group was composed of the representatives of the supranational and bilateral agencies active in Albania (the World Bank, IMF, UNDP, OSCE, DFID, USAID as well as the Embassies of Germany, Italy, Holland and Canada). It designed a plan of action to discuss the PRSP process in Albania and the donors’ role in it. The group contributed to the process, supporting it financially or providing technical assistance and research analysis. The National Strategy for Socio-Economic Development (NSSED) (Council of Ministers, 2001) was initiated in 2001. The title Growth and Poverty Reduction Strategy (GPRS) was used during the Strategies preparation40. The NSSED (2002) expressed Albania’s long-term vision of European integration (intended to complement the EU Stabilization and Association Process) and demonstrated the country’s serious effort to use a comprehensive national medium-term 39 Official Development Assistance (ODA) consists of net disbursements of loans and grants made on concessional financial terms by official agencies of the members of the Development Assistance Committee (DAC) of the Organisation for Economic Co-operation and Development (OECD) and members of the Organisation of Petroleum Exporting Countries (OPEC), to promote economic development and welfare. (World Bank, 1990: 253) 40 A supplement of the Strategy (the so-called GPRS Supplement, May 2002) was also issued. It focused on the revisions of the 2002 budget and was not a formal progress report. The Ministry of Finance prepared the Supplement in consultation with the line Ministries, but it was not subject to wider consultation with all the stakeholders (IMF and IDA, 2002).

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development strategy to move from managing short-term crises to creating the conditions that promote long-term growth and poverty reduction. The Strategy elaborates the multidimensional nature of poverty and its impact on “exclusion” into a broader institutional and policy context. Data provided by the Living Standards Measurement Survey (LSMS), the Household Budget Survey (HBS) and Qualitative Poverty Assessment (conducted by the World Bank) contributed to estimate social exclusion. In terms of social protection and social care, particular emphasis was placed on the improvements to be made in relation to the economic assistance (in order to improve targeting and coverage), with the special emphasis on the need to decentralise social protection, provide employment opportunities for the poor (through social businesses), increase the number of services provided on the local level and the quality in the existing ones. Preparation of the Social Service Strategy was highlighted in the Action Plan, in order to clarify the roles of the different governance levels in the social protection provision, but also in relation to the role of the non-governmental sector in social protection. The Strategy was reformulated in 200441. However, it is noted in the World Bank’s own report of its Third Poverty Reduction Support Credit that the NSSED was perceived as being written by the Bank and owned only by the Ministry of Finance and not the other line Ministries (World Bank, 2006a: 24). In parallel, a substantial amount of financial aid was invested in the economic sector, while the social sector remained under-resourced. This changed once the government’s attention shifted from economic and infrastructure development to socio-economic growth (in 2004). The World Bank’s Country Assistance Strategy for 2006-2009 complements this by aiming to increase access of the poor in rural areas to quality basic education, to improve access to and quality of government health services, to improve water provision and to continue to ensure the sustainability of the social security fund (World Bank, 2006b). Since 2002, three progress reports of NSSED have been published (i.e. Council of Ministers, 2003; Ministry of Finance, 2004). However, measuring the impact that the NSSED has had on the improvement of people’s life is difficult. The main critical issue remains the lack of an adequate monitoring and evaluation system based on output indicators rather than process or input indicators. Lack of standards and benchmarks for implementation is a second area of concern. While progress has been made in legislation and policy development to improve social protection, health and education in Albania, the implementation of these laws and policies lag behind. One of the missing links between policy formulation and its implementation is the absence of bylaws, standards and protocols of care, which should be based on international standards. In parallel, the current strategies are continually revised and the new ones created42. Future strategies and planning mechanisms – the Integrated Planning System (IPS) and the preparation of the National Strategy for Development and Integration (NSDI) The IPS connotes both a process and a number of products that constitute a broad planning and monitoring framework designed to ‘ensure that the Government of Albania’s core policy and

41 with an emphasis to create an enabling business environment, promote the employment opportunities for the poor, increased investments in health and education and empowerment of the poor through greater involvement in the political process. 42 The 2003 progress report of the NSSED states that it is 'a living document' (The Council of Ministers, 2003)

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financial processes function in a coherent, efficient and integrated manner’ 43 It was initiated in the latter part of 2005, in close co-operation with the donors, who established an IPS Support Group (a co-operation forum between government and donors in relation to the IPS process). The IPS is to cover two core processes:

- development of the National Strategy for Development and Integration (NSDI) – that is to succeed the NSSED,

- the Medium-Term Budget Programme, that includes a 3-year plan of each Ministry in relation to their policy objectives.

The latter succeeds the Medium-Term Expenditure Framework (MTEF) for Albania for 2001-2003 period (Ministry of Finance, 2000). These fiscal programmes are vital in the context of refocusing existing social sector expenditures, funding the cost of social services and monitoring performance in the execution of national development strategies. In this respect, the MTEF was relevant since it highlighted the need to develop community-based services and ensure better targeting for economic assistance. The National Strategy for the Improvement of Living Conditions of the Roma Minority (2003-15) The Strategy (Government of Albania, 2003) was adopted by the Council of Ministers and is based on the VNICA (World Bank, 2002), which recommended a targeted Roma Strategy, since they were identified in the Assessment as one of the communities the most affected by poverty (Abdikeeva and MRG, 2005). In terms of measures relevant for children and child protection, the Strategy emphasises the need for the integration of the Roma street children and access of Roma families to economic aid. The National Strategy on People with Disabilities (2006) The Strategy (Ministry of Labour, Social Affairs and Equal Opportunities, 2006) introduced measures that are relevant for the inclusion of both children and adults with disabilities. Firstly, the term handicapped person was replaced by the term ‘person with disability’. The Strategy also defines measures relevant for inclusive education, as well as piloting and provision of community-based services (i.e. day care and other services aimed at integration), development of new standards and regulations on the services for people with disabilities and the revision of the regulations of the public residential centres. The government also established a National Council for the Affairs of People with Disabilities (on the 12th of December 2005), a cross-ministerial body aimed at giving ‘a further substantial impetus to the Strategy’ and a Technical Secretariat for People With Disabilities within the MoLSAEO (in charge of collecting data relevant for people with disabilities, liaising with contact points in the line ministries and civil society, and support the implementation of the Council’s policy decisions).44The main obstacle may be that the budget is not provided within the Strategy, which has grave implications for it’s implementation (DFID and Social Development Direct, 2006)

3.3. The major social protection reform initiatives and documents The Social Protection Sector Strategy (2002-2005; 2005-2010) The Ministry of Labour, Social Affairs and Equal Opportunities (MoLSAEO) first issued this strategy in 2002 in the framework of the NSSED. It was based on the Vulnerability Needs And 43 From http://www.keshilliministrave.al/shqip/dsdc/default1.asp?r=31 (site accessed on 4th of June 2007). 44 From http://www.mpcs.gov.al/dshb/content/view/4/6/lang,en/ (site accessed on the 4th of June 2007).

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Institutional Capacity Assessment (VNICA) (World Bank, 2001). The Strategy hence elaborated what kinds of community based services are to be developed to support identified needs of the vulnerable groups. The overall Strategy outlined the Ministry’s policy in three main areas of social policy: social protection, social insurance and employment. Under social protection, it covered three issues: family cash benefits, disability cash benefits and social care services. Three further revisions of the Social Services Strategy occurred in the period 2002-2005, ( to be consistent with the changes that happened in other strategies, like the NSSED and the Strategy on Decentralization) with the final version published in 2005 (The Ministry of Labour, Social Policy and Equal Opportunities, 2005). The 2005 version of the Strategy was closely linked to the process of decentralization (see section on Decentralisation below). The Strategy for Social Services aims at decentralising the services, increase the competencies of local government regarding the administration of social services, ensuring the provision of community-based services, ensure participation of civil society organisations in the programme delivery and work on deinstitutionalisation. The major reform projects – the Social Services Delivery Project45, 2002-2008 based on the Poverty Reduction Strategy Credits46 The development of the original Strategy is related to this project, which was initiated by the Government with the support from the World Bank47. Through this project, GoA is committed to tackling poverty within the country and in particular to providing assistance to the most vulnerable groups of the population by:

o increasing their access to well targeted and effective social care services; o strengthening the capacity of government to develop, monitor and evaluate more effective

social policy; and o improving the capacity for planning, managing and delivering social care services with

increased involvement of local government, communities and civil society (World Bank, 2001b).

A key challenge to ensuring successful implementation of the project is the need for mechanisms which ensure sustainable financing of social services by local Governments, particularly in the poorest regions.

45 Prior to this project, World Bank carried out another one, entitled “Social Safety Net”. Details of this project can be found on http://www.worldbank.org.al/external/default/main?pagePK=64027221&piPK=64027220&theSitePK=301412&menuPK=301446&Projectid=P008265 (site accessed on the 4th of June 2007). 46 The Poverty Reduction Support Credits (PRSCs) were introduced by the World Bank in May 2001, not just for Albania but also for other countries, with a 'focus on poverty reduction as the central objective of development assistance with the goals of enhancing country ownership, facilitating partnerships with other institutions and building on rigorous analytical underpinnings for judiciary, social, structural and sector reforms', from http://lnweb18.worldbank.org/SCSL+Dev/OD+8.60/CW-OD-860.nsf/MenuDocIDLookup/630FC891FE588F6885256BDC0050CED3/$FILE/ATT5LDRV (undated) 47 Project document is available from http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2000/10/22/000094946_00101905450758/Rendered/PDF/multi0page.pdf (site accessed on the 4th of June 2007).

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The project was funded through three Poverty Reduction Strategy Credits48. DFID also provided a USD 2.5 million co-financing grant in 2005 for Technical Assistance (TA) to GoA in capacity building, institutional development, data monitoring and analysis in relation to the project. The DFID grant provided assistance in the preparation of the new Law on Social Services, relevant Standards (see section on gate keeping on national level) and some Decisions of the Council of Ministers in relation to the decentralization. The Law on Assistance and Social Services (2005)49 The Strategy also guided the preparation of the new Law on Economic Assistance and Social Services (“The Social Services Law”, enacted in March 2005). It hence regulates the decentralization processes, type of services and provision of services from the non-state providers. The Law envisages that the services are to consist of: economic assistance, disability entitlement, social care services (residential and community-based) and socio-medical care services. In addition, the Social Services Law addresses financing of social assistance and care services (financing of social services by local businesses, revenues from local taxation as well as through donor funds). The law prescribes: • The structure and typology of the social care services; • Their organization, functioning, and funding; • The categories of beneficiaries of institutional services; • The criteria for benefits entitlement; • The rules for acceptance/placement in institutions, and the relevant documentation; • The monitoring and evaluation of the services. The Law, however, does not contain ‘a legal definition of “children at risk”, a legal basis for child protection referrals or a legal framework for addressing emergency child protection situations, contrary to the requirements of Article 19 of the UN Convention on the Rights of the Child’ (Hamilton et al., unpublished: 31) Different parts of this Law will be further elaborated in the subsequent parts of the assessment, as relevant.

3.4. The major child protection reform initiatives and documents The National Strategy and Action Plan for Children (NPA) 2005-2010 A National Strategy and Plan of Action (NPA) for Children were approved in 2005 to systematically address the realization of children’s rights in Albania. In regards to child protection, the Action Plan outlined the measures in regards to protection of children from violence and abuse, promotion of children’s upbringing in the family environment or in foster care settings, improvements in adoption legislation, promotion of equal opportunities for children with disabilities, prevention and improved protection of trafficked children and prevention of child

48 First in 2002 (20 million USD), Second in 2003 (18 million USD) and third in 2004 (10 million USD), information from http://info.worldbank.org/etools/docs/library/81827/Al_0504/Albania_0504/PRSC.pdf (site accessed on the 4th of June 2007.) 49 Law No. 9355, March 2005; drafted on the basis of Law no. 7710, dated 18 May 1993, “For Social Assistance and Care,” amended by Law no. 7886, dated 8 December 1994, and Law no. 8008, dated 5 October 1995, as well as the by-laws promulgated in furtherance of them (Decision no. 307 of the Council of Ministers, Decision no. 510 of the Council of Ministers). It supersedes the previous Laws (No’s 7710, 7886 and 8008).

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labour50. Overall, both the Strategy and the Action Plan made recommendations for other policy documents, with special emphasis on community-based care, inter-sectoral co-operation (i.e. in relation to child labour), improved data gathering, monitoring and evaluation and improved data protection in regards to children. The NSC and NPA initiated a crucial institutional change. Following the adoption of the Strategy in 2005, a Technical Secretariat for Children (TSC) has been established in the Ministry of Labour, Social Affairs and Equal Opportunities in 2005 to monitor coordinate and report on the implementation of the strategy and child’s rights realization. The TSC reports to the Inter-Ministerial Committee, which is set up to propose policy changes with regards to children’s rights. The National Strategy for the Fight against Child Trafficking and the Protection of Child Victims of Trafficking (2005-2007) The Strategy (Council of Ministers, 2005) is related to the National Strategy to Combat Trafficking in Human Beings (2001-2004)51 that is still enforced. It was created in order to intensify work in this area in relation to children-victims of trafficking, based on the 2003 UNICEF Guidelines for the Protection of Child Victims of Trafficking in SEE (UNICEF CEE/CIS Regional Office, 2003). The Strategy addresses the provision of shelters for victims of trafficking, capacity building needs of social care workers and institutions, as well as development of family support and family alternative services for this target group of children.

3.5. The ‘new generation’ Strategies (which include focus on both at risk children and social care) – the draft Strategy for Social Inclusion52 Since the beginning of the 2000s, Albania introduced a number of sectoral strategies, which underwent subsequent revisions and versions for a new mid-term period. However, the designs of too many sectoral strategies harm the effectiveness of the policies. Therefore, the government decided to include all sectoral strategies that address the critical social issues into a national Strategy for Social Inclusion, which is a key component of the National Strategy for Integration and Development (see 3.2. regarding further details on the NSID). The Strategy for Social Inclusion is to include sections on social assistance, social care and on children at risk. As in earlier strategies, the policy tasks include:

1. improved targeting of economic assistance, 2. improvements in regards to the residential services and development of community-based

services throughout the country, and

50 For example, introduction of regular reviews and referrals, development of care standards, reporting commitments, establishment of new services (i.e. Centres for psycho-physical rehabilitation of abused children, counselling centres for mothers, care leavers services) and institutions (i.e. Child Courts), transformation of residential care establishments, devolving of responsibilities for services to regional and local level 51 The 2005-2007 National Strategy to combat Trafficking in Human Beings, is available from http://www.legislationline.org/upload/legislations/44/3b/271c186e138509b2c5c4dd289178.pdf (in Albanian; site accessed on the 4th of June 2007). 52 Available from http://www.keshilliministrave.al/shqip/dsdc/archive/Crosscutting%20strategy%20-%20Social%20inclusion%20-%20Nov%202006%20-%20English.pdf (site accessed on the 4th of June 2007.)

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3. integration of policies and institutional structures to ensure early intervention for at-risk children, their development and protection from all types of abuse, violence and exploitation.

4. Reforms in relation to planning and decision making See also Chapter 1, for the elaboration of the System Map, which can be found in the Appendix 6. See also Chapter 6, in relation to decentralisation. The reform in relation to planning and decision making primarily focused on the development and strengthening of the planning and decision making on the regional level. In parallel, the MoLSAEO underwent a number of transformations, particularly through the initiation of new bodies to administrate the Strategies developed since the early 2000s or inter-ministerial committees mandated to have an advisory role in policy development. Relevant reform projects were supported by UNICEF and World Bank (separately). However, the regional level governance and the communication channels with the local authorities are yet to be improved. This is particularly relevant since the Strategy for Social Services (2005) envisages the relevant role for the local authorities in relation to reviews and assessments of relevant policies.

4.1. Planning and decision making on the state level Article 27 of the Law “on Social Assistance and Services”53stipulates that the Ministry of Labour, Social Affairs and Equal Opportunities (MoLSAEO) is mandated for the formulation of policies and legislation, programming and planning of social assistance. However, the planning structures related to child protection are found within several Directorates of the MoLSAEO. The Directorate of Social Services (DSS), under MoLSAEO, is the structure responsible for policymaking, and drafting strategies and programs related to social services, cash assistance for individuals and families in need, and people with disability. As noted in the elaboration of the governance structure (Chapter 1), the MoLSAEO underwent lots of transformation over the past fifteen years54, which also relates to the planning and decision making. Most relevantly, the State Social Services (SSS; formerly GASS – General Administration for Social Services) was initiated in 1996. Its Administrative Council is mandated as the highest decision making body in the country, in relation to social protection55. In 2007, the role of SSS has transformed with the main focus on inspection, with the local government taking on increased responsibilities for managing social care through the process of decentralization.

4.2. New bodies with mandates related to planning and decision making As noted, following the acceptance of the National Strategy and Action Plan for Children (2005-2010) (Council of Ministers, 2005), the Technical Secretariat for Children was established within the Policy Directorate of Equal Opportunities in the MoLSAEO. The Secretariat has the administrative role, but serves the Inter-Ministerial Committee on Children, which has a policy advisory role. A similar structure was set up in the MoLSAEO following the National Strategy on 53 Law No. 9355, 10th of March 2005. 54 In order to improve co-ordination and co-operation between social assistance and the newly established social care, but also in relation to other transformations in the country, paralleled by numerous Strategies. 55 Article 26 of the Law 'on Social Assistance and Services', ibid.

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People with Disabilities in 2006, namely, the Technical Secretariat for People with Disabilities, which also has an administrative role.56 However, these do not manage to achieve the full and effective cooperation and horizontal coordination among Ministries. As a result, common strategies and concrete actions are still weak. In mid 2005, with the support from UNICEF, a specialist staff member responsible for policy issues related to children at risk was initiated at the Department for Social Policies and Services, within the General Policy Directorate of the MoLSAEO. This staff member is mandated as a focal point for child protection, recommendations for policy development and implementation, development of data bases on child protection. The post was initiated within the project ‘Strengthening the Child Protection System in the Context of Social Service Reform’. The Child Specialist was contracted full time for an initial period of twelve months, to support the process of reform. Additional donor support was sought to December 2007 after which MoLSAEO proposes to provide budgetary funding for the post57. The aim of the post is to strengthen/build the child protection components of the social services system58.

4.3. Decentralisation in relation to planning and decision making Development of governance decentralization has brought to an increased responsibility of local governments for the provision of public community social services. For example, under the new status of local governments regarding community social services, the SSS status and designation were amended in 200259. The SSS has twelve regional branches, with the same responsibilities, acting also as a liaison between the local governments and the state-level SSS. Article 29 of The Law “on Social Assistance and Services”60 further stipulates that the municipal/commune councils are also mandated to draft social care services development plans, based on the local resources, needs and priorities. Within the decentralisation reform, the MoLSAEO in August 2005 initiated the delegation of functions for provision of social care services to the regional level (initially, in four pilot regions61. As noted in Chapter 1 of the findings, this lead to the creation of the Social Care Service Units on the regional level and the subsequent creation of the Regional Community Care Committees (RCCC). In the four pilot regions, the RCCCs performed the local needs assessments and developed the Community Care Plans62. The Community Care Plans were approved by all relevant stakeholders and valid for one year, after which these are to be systematically updated. Currently, this approach is extended in all twelve regions in Albania. Due to the nature of this planning process, it is further elaborated in the Good Practice Portfolio (see Appendix 7).

56 From http://www.mpcs.gov.al/dshb/content/view/4/6/lang,en/ (site accessed on the 4th of June 2007). 57 From the ToR for the post, provided by UNICEF for assessment purposes. 58 From the Final Report of the Child Sector Specialist, dated 15th of January 2007, provided by UNICEF for assessment purposes. 59 The Council of Ministers, Decision no.153, 25 April 2002 “Adoption of the State Social Service Status” based on the Article 26, the Social Services Law No 9355, 10.05.2005. 60 No. 9355, 10th of March 2005. 61 The Council of Ministers, Decision No. 563 „On Identifying the Responsibilities of the Region for the Distribution of the Social Care Services“, 12.08.2005. 62 Based on Decision of council of Ministers no 563, date 12.08.2005

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These activities were supported through the Social Services Delivery Project (SSDP) (see section 3.3. of the report for further details), supported by the World Bank and DFID63. The Community Care Plans need to reflect the goals, priorities and requirements presented in the Strategy for Social Services (2002-2005; 2005-2010), which is adapted to the regional level, as well as those presented in the Regional Development Strategy (RDS – considered to be a key starting point for the identification of priorities, cost measurement and harmonization of needs with the regional resources). The development of the latter was supported by the UNDP since 200164. Although these noted reform efforts aim to create new bodies and strengthen the regional level governance, the roles of the ‘Regional Council’s are still not clear enough which influences it’s effectiveness. In parallel, the increase in the responsibility for the provision of social services in the poor areas of Albania is not accompanied with the adequate budgeting. Many local governments do not have interests in identifying groups at risk (including children) as long as they cannot support them either directly or indirectly. This is also related to the fact that, on the local level, where services are to be implemented and needs identified, the bottom-up communication channels are slow and difficult.

4.4. Review of relevant policies As noted, there has been a proliferation of strategic documents related to child and social protection. The Strategy of Social Services (MoLSAEO, 2005a) envisages that reviewing and assessment of policies is to be carried out by the local governments, since they are ‘the most appropriate structures to collect statistics and information on the ground. These Structures are closer to the clients and service providers and as such assess the demands, poverty and needs for services, co-operate with the NGOs and other service operators and become familiar with the range of issues in their own territory’ (ibid: 55). They are envisaged to send this information to the regional level, who are to send the information to the MoLSAEO. Data gathering is to be defined by the MoLSAEO and the Ministry of Local Government and decentralisation.

4.5. Mechanisms for the prevention of entry into institutions In April 2006, in pursuance of point 4 of article 20 of Law no 9355 dated 10.03.2006 on “Social Assistance and Social services” with DCM no 209, dated 12, 04. 2006 established criteria and necessary documentation for admission of persons into public and private residential social care institutions. Within the SSS, an “ad hoc” commission is established to consider all the claims, and than decide on whether a placement is relevant, and in which institutions. In municipalities, the decision is taken by the Department of Social Services. There is no data available to measure the impact of the DCM as of yet.

63 Project document is available from http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2000/10/22/000094946_00101905450758/Rendered/PDF/multi0page.pdf (site accessed on the 4th of June 2007). 64 Since 2001, numerous activities are initiated by UNDP for the localization of the MDGs at Regional level through the preparation of MDG Regional Reports (MDG RR) and Regional Development Strategies (MDG RDS)

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5. Reorganisation of statutory services – “service purchasing” and gatekeeping on local level

5.1. The Social Administrators within the Municipal Social Service Sections See also section 1.3. regarding introductory elaboration of the role of social administrators and the local level of governance. The reform efforts in relation to service purchasing are related to the development of the new ‘service purchasing’ on the local level, which has been piloted in select municipalities through World Bank support. The development of Community Care Plans (see section 4.3. for further details), which is highlighted in terms of needs assessment and community planning in the Social Service Strategy (2005) needs to be accompanied by further efforts for the development of case management procedures within the newly developed and existing statutory services. In 2005, several pilot projects were launched to provide statutory child proteciotn services in parallel to the reforms related to decentralisation and social services - Child Protection Units (supported by UNICEF) and Child Labour Monitoring Committees(supported by ILO-IPEC). These pilots are yet to be fully institutionalised and co-ordinated, particularly in relation to the existing activities of the Social Administrators Based on the Law “On Social Assistance and Services”65, social administrator is a civil officer recruited by the local government to administer the distribution of material assistance (ndihma ekonomike) and provision of social services (article 4, pt. 7). The Law envisages the following responsibilities for the social administrator in relation to social services (adapted from the Article 32 of the Law):

- identification of eligible families and persons and their needs assessments (for both material assistance, social services, including residential care), including eligibility assessments (‘verification’),

- assistance in the preparation of relevant documentation (in order for the support to be approved by the municipal/communal council),

- bi-annual reviews of eligibility (‘verification’), - participation in the drafting of relevant legislation, - co-operation in the drafting of the local and regional plans in support of people in need, - collect and prepare information and statistics, maintain the data base on service users, and

monitor the expenses earmarked for social services - collect information on the private and public services network operating on his/her

territory. These social services duties are relatively new for this post, since it was mainly mandated in relation to material assistance. Although supporting the statutory nature of the task (without service provision within the social administrators’ office), the procedures for the social service statutory tasks are yet to be developed. Although guardianship, for example, is appointed through the judicial system (courts), Hamilton et al. (unpublished: 105) note that ‘one judge indicated that neither State Social Services nor the Social Administrator had ever initiated guardianship proceedings in his court’. More relevantly, the authors note that “Although Article 32 of the Law on Social Assistance and Services gives a clear responsibility to Social Administrators to assess

65 No. 9355, 10th of March 2005.

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the need for social care services, in practice many Social Administrators did not have the time to add this function to their daily routine or simply did not regard assessing children at risk as being within their job description” (ibid: 96).

5.2. Reform efforts – initiation of the Child Protection Offices The main reform in respect to ‘service purchasing’ in child protection was developed since 2005, with the main support and initiation by UNICEF. The reform included the establishment of a pilot Child Protection Unit in the municipality of Kukes, as well as a similar referral mechanism project targeting Street Children within the existing Office for Child Protection within the Municipality of Tirana. The good experience of the Kukes CPU led to the expansion of the pilot project in five other municipalities, Korca, Elbasan, Fier, Pogradec and Gjirokastra. Further elaboration of this initiative in relation to two municipalities, Tirana and Kukes Child Protection Units may be found in the Appendix 7, “Good Practices Portfolio”.

The Child Protection Units (CPUs) are established within the administrative structure of municipal social services under a memorandum of understanding between the respective municipality and the implementing NGO. The CPUs have three main functions: to assess and monitor the situation of children and families at risk, to coordinate local level protection referral and response, and to conduct identification and multi-disciplinary case management of the most urgent cases. In the Kukes CPU two full time staff - one a social administrator supported through the municipal budget, the other a social worker employed by the NGO - are responsible, along with a multi-disciplinary team, for following up on individual cases of vulnerable children and families. The CPU staff participate in weekly multi-disciplinary case management meetings and chair monthly coordination meetings with a broader group of stakeholders where more difficult cases are discussed. The CPU serves as a drop in centre – where children and families can come to find more information or get referrals to other support services. Free psychosocial counseling is provided at the office, as well as individually in people’s homes, during regular home visits which are conducted on a weekly basis. All services are free, and targeted to the most vulnerable children and families. The Child Protection Units are externally funded and managed for a transitional three year period, with the view that the municipality will take over the management and resourcing of the units. During this time, the NGO serves a mentorship function with the municipal staff, gradually transferring skills and management responsibilities over to them. At present, there is no statutory duty on local authorities to provide a minimum standard of either preventive or crisis (emergency) child protection services. The lack of such services is presently addressed, to an extent, by NGOs and the Child Protection Units. The Child Protection Units to date, however, appear to maintain only weak links with the other Social Administrators of the Municipality leading to a lack of co-ordination with broader social assistance schemes. While the Child Protection Units provide a much needed referral body, and to an extent assessment and services, their establishment is not yet instituitonalised into the national protection framework.

5.3. Additional state structures mandated for “service purchasing” There is an additional body that is related to the ‘service purchasing’ development in Albania. The Albanian Adoption Committee (AAC) is the highest state administrative body vested with full authority to handle the adoption of abandoned children both nationally and internationally. It was

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set up under the “Adoption Law”66. This Law recognizes the establishment and functioning of the AAC, as well as its composition as a collective body made up of representatives from the Ministry of Justice, the Ministry of Health, the Ministry of Education and Science, the MoLSAEO, the Ministry of Finance, the Ministry of Interior , the Faculty of Law (being the authority in the Family Law), and one representative from the Orphans’ Association. Together, these representatives constitute the Committee Board of the AAC. Child Labour Monitoring Committees have been piloted in three municipalities67, based on the support provided by the ILO-IPEC. The aim of the Committees is to identify, monitor and refer children at risk of being involved in child labour (Hamilton et al, unpublished).

Each Child Labour Monitoring Committee consists of two bodies: (i) the local action committee; and (ii) the multi-disciplinary group. The local action committee is made up of the heads of implementing agencies, including the municipality, the municipal education office, the local police inspectorate, local schools, employer organisations, and NGOs. The multi-disciplinary group consists of technical level persons within the same agencies. The Social Administrator is included in the Committee. The role of the multi-disciplinary group is to carry out visits to sites of formal and informal employment (such as construction sites (formal employment) and local markets (informal employment)) for the purposes of identifying and interviewing children participating in child labour. In particular, the multi-disciplinary groups focus on children working on the street, in agricultural activities, in factory production, within the service sector and in illicit activities. The multi-disciplinary group refers identified cases to the local action committee, together with a recommendation for finding a solution to each individual case. The local action committee is then responsible for implementing a solution and follow-up to ensure the child’s successful disengagement from child labour. Actions carried out may include the offer of employment to the child’s parents, or vocational training, formal or non-formal education for the child. In addition, the Child Labour Monitoring Committees aim to identify children at risk of involvement in child labour, prior to actual engagement in labour activities. Committees typically achieve this in cooperation with schools and municipal education offices through the production of lists of children not attending school. The advantage of the Child Labour Monitoring Committees over Social Administrators and Child Protection Units is the multi-disciplinary nature of the body. Their remit in child protection is, however, limited. Municipal Child Labour Monitoring Committees report directly to the Child Labour Unit within the Ministry of Labour and Social Affairs. As of the date of this report, some three hundred children engaged in or at risk of child labour had benefited from the project in the three pilot regions. Whilst the present pilot project was due to end in February 2007, the Ministry of Labour and Social Affairs plans to extend the scope of the project to further municipalities. From UNICEF (unpublished) Analysis of the Child Protection System in Albania, April 2007, draft report by the children’s legal centre to UNICEF Albania: 98

5.4. Needs assessments and care planning The 2005 Strategy for Social Services (MoLSAEO, 2005a) differentiates between needs assessments and community planning. The latter is the main reform issue in regards to planning 66 Law no. 7650, dated 17 December 1992, Law “For Adoptions“. The development and adoption of Law no. 7650, dated 17 December 1992 anticipated Albania’s adherence to the Hague Convention ‘’For Protection of Children and Co-operation in Respect of Inter-country Adoption.” Under this law, adoption is allowed to take place only when it is in the child’s best interests. 67 Tirana, Korca and Berat

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and decision making (see section 4.3. for further details), and is seen as ‘a new way of assessing needs for services’ (ibid: 52). Similar is stipulated by the Standards for Social Services (MoLSAEO, 2005b) and the Social Services Standards for Children in Residential Institutions (MoLSAEO, 2005c). This relevant development, however, has to be accompanied with the development of case management procedures within all relevant child protection institutions. The Social Services Strategy (MoLSAEO, 2005a), for example, notes how the assessment of disabilities in all areas of child development is absent from current practice.

6. Decentralisation Decentralisation of social services begun in 2005, based on the overall decentralisation efforts in the country (initiated in 1999), reflected in the new Law on Social Services. The decentralisation envisages increased responsibilities for the municipalities/communes, but even more so for the newly introduced regional level governance (creation of the Regional Social Care Sections). The latter was introduced through the pilot projects, initiated during 2005. Financial constraints (paralleled by great regional differences) affect the impetus decentralisation may have.

6.1. Initiation of the decentralisation processes in social protection The 2001 Laws on ‘public assets’ and ‘on transfers of public assets to the local government’68 created the necessary conditions for the decentralization of social services, since it enabled a transfer of public assets to the local goverment. Based on this Law and the Strategy of Social Services (MoLSAEO, 2005a), the 2005 Law on Social Assistance and Services69 provides for important changes with respect to the decentralization and modernization of special social services: 1. It provides for social services to be decentralized, thus enhancing the participation of local

government and social society in planning, funding and delivery (through the new social service structures on the local level). This is specified in the article addressing the “manner of funding”:

“Economic assistance and social care programmes are funded from the State budget and the local government budget. The financial resources allocated for the social care services provided by public and non-public institutions, both at a Region and a municipality/commune level, in residential institutions, day care centres, families, or the mobile services offered in the communities, is made up of: • State budget delegated funds • Funds allocated from local taxes and fees • Income allotted from assets and other activities carried out by the municipality or commune, as

well as donations, and sponsoring.”

2. The Strategy also stipulates the transfer of ownership for the residential social care services and establishment of new social services from central to the local government. The 2001 Local

68 Law Nr.8743, date 22.2.2001"On public assets" and Law No. 8744, dated 22.2.2001 "on transfers of public assets to the local government" 69 Law No. 9355, dated 10th of March 2005.

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Government Law also indicated that the municipalities/communes are to be responsible for the administration of social services and institutions providing social care70. In relation to this, the Local Authorities are also mandated to approve and licence the activity of the NGOs and other service providers.

Based on the Strategy for Social Services, the local authorities are also to co-ordinate inter-sectoral “actions for the protection from maltreatment” (MoLSAEO, 2005a: 40). This stipulation refers to the set up of cross-sectoral ‘service purchasing’ which is also yet to be developed (see Chapter 5):

[Local authorities] co-ordinate inter-sectoral actions for protection from maltreatment including information on maltreatment, initial assessment, identification of potential maltreatment, possibilities and needs of the families, develops individual plans for each case by providing services or co-ordinating services with other professionals to support families and children. They fulfil the functions for the management and administration of cases such as data collection and management, systematic review of plans for each case and preparation of court reports. (ibid.).

6.2. Reform initiatives in relation to decentralisation In August 2005, the Ministry of Labour and Social Affairs delegated social service functions to four pilot regions – Tirana, Shkodra, Durrës and Vlorë71. This is to be followed by eight further regions between 2007 and 2008. The delegation of functions created the “Regional Social Care Section” at the Regional Council level of these four pilot regions, together with a Regional Committee for the Assessment of Needs and Planning of Services (the “Regional Needs Assessment Committee”)72. The transfer of residential institutions of social care from central to local government control (before decentralization were under Social State Service’s responsibility) was supposed to begin in December 2005 and continue for a period of approximately 2 years. This new responsibility is, in and of itself, a considerable challenge for local governments. However, the Social Services Strategy and Action Plan indicates that, in assuming local responsibility for these institutions, local governments should have pursued a policy of deinstitutionalization. This policy required a set of complex changes at the local level, including the development of community-based social services to support those residential institution clients, who can be transferred to the community, the scaling back of residential institution capacity and the releasing of resources from residential institutions into community-based social services (for further details regarding Deinstitutionalisation, see Chapter 11). In practice, the prescriptions based on the Social Service Strategy are yet to be implemented, due to financial constraints. The limited local financial resources prevented the full realization of the financial decentralization in each and every unit of local government. The municipalities and communes are not sufficiently large in population terms to ensure efficient and effective overall social and child protection services. In relation to this issue, the differences in tax revenue capacity at local level lead to regional differences if the level of services is to be dependent solely on the locally available revenues. The large majority of social sector spending – social assistance in

70 Public residential institutions and day care centers which provides social care for children without parental care, children with disabilities as well as for elderly people. 71 Based on the Decision of Council of Ministers no. 563, date 12.08.2005. 72 For details regarding the Community Care Plans, please see the Good Practice Portfolio (Appendix 7)

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particular – remains under the close control of central government. An administrative structure exists on the local level to: a) make cash benefits payments; and b) regulate and monitor the process. However, the regulations by which the system operates are determined centrally and transfers for payments are made in a series of conditioned grants (the Social Administrators). For a transition period up to the year 2010 the SSS, in co-operation with Regional councils, will continue to co-ordinate the process of the distribution of persons in need from regions with limited capacity for support to districts/regions which have free capacity and the wherewithal to offer social services. These decisions will take account of the needs of the service users to be near their families. The local authorities in the beneficiary’s home area will be responsible for financing the necessary services and for supporting the client (service user) in cases where the client is transferred to another admission district, beyond their jurisdiction, to benefit from social services. One key factor in achieving successful development of decentralisation will be for the Government to put in place clear and detailed guidelines showing the Regions how the financial aspects of decentralisation will be put into effect. Feedback from the pilot areas on some of the new social services initiatives suggests that while the Government is good at proposing new ideas and new ways of working, there has sometimes in the past been insufficient detail given as to how these should or could be financed. Additional learning can be provided also based on the establishment of the Children’s Rights Units, set up on the central and regional governance levels (for further details, please see the Good Practice Portfolio (Appendix 7).

7. Personnel issues See also chapter 4 (Reforms in relation to planning and decision making) and chapter 5 (reorganisation of statutory services) regarding the introduction of new structures that has staffing implications Personnel issues are mainly discussed in relevant documents and strategies in terms of their training and education. The Faculty of Social Sciences was established alongside with the MoLSAEO. Their co-operation has been supported through the World Bank reform projects since the early 1990s. Based on the Strategy on Social Services and the related Law on “economic assistance and social services”, the State Social Services are responsible for staff training since 2005 and are currently developing a training working plan. Although numerous training was provided to staff not only in a variety of social care services and social welfare staff in general, but also to staff in other sectors (i.e. justice and education), joint training and that related to case management may be required in future. The Strategy for Social Services (MoLSAEO, 2005a) notes that there are 130 employees in the SSS structures on central and local level and 534 employees working in social care institutions. Despite their job descriptions, only a minority have appropriate professional qualifications in psychosocial support, social work and counselling, particularly those outside the capital city. Although there was no information regarding the number of employees in the non-governmental sector, staff working on social service NGOs tend to be comprised of the new generation of young social workers (as the Faculty of Social Work was only established in 1992, with the first graduating class qualified in 1996). The licensing process (see section 8.2. for details) requires for

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the social care providers to employ professionally trained staff, in accordance to the service standards (ibid.). Staff issues in the Strategy are mainly discussed in terms of training (‘Capacity Building and Strengthening’ is one of seven main objectives of the strategy). The strategy doesn’t address the lack of staff noted during the assessment in relation to the implementation of the decentralisation strategy (development of regional and local level statutory and non-statutory services, particularly in the remote rural areas). Partially, this may be due to the fact that the Social Services Delivery Project (SSDP) managed to ensure the appropriate staffing structure (especially in big municipalities). However, examples from practice also indicate that the changes in personnel (including management level staff) is frequent.

7.1. Training and education Since 1993, the MoLSAEO has an on-going co-operation with the Faculty of Social Sciences at the University of Tirana. The co-operation focuses on the training of social administrators in municipalities/communes and training of MoLSAEO professionals on all levels. The Faculty was initiated in 1992, in parallel to the establishment of theMoLSAEO. At the time, it was supported by a World Bank program, “Social Safety Net”, which started in 199373. One of the programme objectives included strengthening of training, research and statistical institutions to support social policy formation and implementation. For a period of 5 years (1995-2000), training was the responsibility of the Institute of Labour and Social Affairs. The institute was closed due to the lack of adequate financial and professional resources. In order to strengthen the capacities of social workers and social administrators at central and local level, general and specific training courses have been carried out, in collaboration with NGOs and international organizations for specific needs. UNICEF, Handicap International, Red Barnett, Soros Foundation, Swiss Cooperation, have provide trainings programs for specific issues related to social work. Within the SSDP, local experts (experts of MoLSAEO, SSS and Faculty of Social Sciences) based on the accumulated experience and new regulatory framework provided support and training on sustainable financial planning (costing, budgeting), accounting and auditing of social services. Of critical issue here is that local government units learn to plan services within the available resource envelope and gain experience in prioritizing services to be commissioned, based on identified social needs. Following the revised Strategy for Social Services and the subsequent Law “on Social Assistance and Services (2005), the State Social Services are mandated to provide training for staff and service providers (Hamilton, unpublished).The strategy envisages training not only for professional staff, but all working directly with clients (i.e.. cleaners, cooks, receptionists) as well as professional staff employed in both statutory and non-statutory (non-governmental, private)

73 The project was implemented from 1993-1999, with the aim of assisting Albania in it's efforts to reform it's social protection systems and make them compatible with a market oriented economy. More information about the project can be found on http://www.worldbank.org.al/external/default/main?pagePK=64027221&piPK=64027220&theSitePK=301412&menuPK=301446&Projectid=P008265 (site accessed on the 4th of June 2007).

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services (MoLSAEO, 2005a: 54-55). The State Social Services are currently preparing a Training Work Plan, which is to lead the Training Strategy for State Social Services. These plans may be hindered due to lack of resources available for its implementation. The current Social Services Delivery Project (SSDP) also includes activities aimed at education and training (in co-operation with the Faculty of Social Sciences) (Munday, 2004). Within the project, local experts (from the MoLSAEO, SSS and Faculty of Social Sciences) provided training relevant for decentralisation efforts (sustainable financial planning, accounting, auditing and community planning). Training was performed in parallel to the establishment of the social service structures on regional and municipal/communal level).

7.2. Staff in residential care Recent studies on residential care institutions found that staff of state-owned residential care establishments are poorly trained, Overall, there is a lack of available professional staff, with the majority lacking the appropriate background education to fulfil their responsibilities in line with national standards. Current staffing schemes (i.e. professionals per child) do not meet the new national standards of care, management and staff structures and functions are not clearly delineated, and the responsibilities of staff are not clearly defined and allocated. No clinical supervision for staff exists to help them avoid burn out. In general, staff of private institutions are better equipped, as they receive external training on a range of issues (Kroiss for UNICEF, unpublished).

7.3. Training needs Although the social administrators are mandated to work not only on the distribution of the material assistance (ndihma ekonomike), but also on the provision of social services, the latter work is yet to be developed. Their experience mainly relates to the former. Hence, their professional skills need to be assessed and improved, in compliance with the reform efforts. This primarily relates to case management skills (as noted in Chapter 5) – not only for social administrators, but also to other statutory service structures on local and regional level. Kroiss/UNICEF (unpublished) notes that staff in residential care need further education, professional qualification and training, including in-service training at least twice a year.. Staff working with children with disabilities needs additional specialised training and qualifications. The newly established inspectorate body with in State Social Services will also need training on monitoring and inspecting as per the newly approved National Standards. The Social Services Strategy (MoLSAEO, 2005a) notes the need to increase the capacities of the labour inspectorate and their local community level social partners in order for them to monitor the child labour according to the ILO standards.

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7.4. Project based employment of new staff Within the development of new services, the World Bank SSDP project provided also staff salaries for two years for the staff employed in 40 newly set up day care services (UNICEF, unpublished). After the initiation period, the salaries are to become responsibilities of municipal governments. The same applies for UNICEF-supported Child Protection Units (after 3 years), as well as for the post of the specialised child protection staff member at the Department for Social Policies and Services (MoLSAEO).

7.5. Relevant personnel issues in other sectors Training for other personnel (i.e. working in justice, health, education, police) is envisaged in both the National Strategy for Children (Council of Ministers, 2005) and the National Strategy for the Fight against Child Trafficking (Council of Ministers, Office of the Minister of the State for Co-ordination, 2005). For example, the Convention on the Rights of the Child is taught as part of the core curriculum of the Arben Zylyftari Academy of Public Order and the one-year training course at the State Police Institute. The CRC is planned to be disseminated to the entire personnel of the State Police. Together with the NCS and the relevant legal package, these documents will be used to educate police forces on the rights of the child and the kind of specific treatment that children are entitled to in accordance with national and international standards (Council of Ministers, 2005). Training for health workers on domestic violence is being conducted, as are various seminars in relation to the detection of missing and potentially trafficked children for local government, police, educators and social workers.

8. Gatekeeping at the national level Different gatekeeping mechanisms (development of standards, licensing and inspection) have all been introduced since 2005, based on the Social Services Strategy and the Law “on Social Assistance and Services”. Because of that, these are yet to be fully implemented. Their development has been supported through the World Bank Social Service Delivery Project (SSDP). UNICEF has been working in the residential care facilities for children to ensure the implementation of the newly developed residential care standards.

8.1. Guidelines/Standards Based on the Law “on Social Assistance and Services”74, the MoLSAEO (or, more precisely, the State Social Services) is responsible for drafting of the social service standards for both the public and non-public care institutions75, which than need to be adopted by a Decree from the Council of Ministers76. The MoLSAEO is also responsible for data gathering to monitor the achievement of the standards77. During the preparation of the Social Services Strategy (MoLSAEO, 2005a), the general standards were already identified, based on the principles of social inclusion, participation, capacity building

74 Law No. 9355, 10th of March 2005. 75 Article. 18.4, Article 26. 5.b. and Article 27.1. 76 Article 24 77 Article 27.4.

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and utilisation of experience (ibid: 50). In line with the objectives outlined in the Strategy, within the Social Service Delivery Project (SSDP) and with the technical assistance by DFID, the following standards were developed during 2005:

- the Social Services Standards (MoLSAEO, 2005b) - the Social Services Standards for Children in Residential Institutions (MoLSAEO, 2005c).

The standards will be used for both inspection and licensing and emphasise the partnership between the service providers and the families, promoting the child well-being within the family and community context. Additionally, the following standards were finalised in 2007, based on the stipulations of the relevant strategies:

- Social Services Standards for Victims of Trafficking (MoLSAEO, 2007), - Standards of Social Services for Persons with Disabilities (MoLSAEO, 2007).

Additional standards are planned to be developed for Foster Care Placement (foreseen for 2008, subsequent to the approval of the national foster care strategy). 8.1.1. Initiatives supporting the implementation of the standards Given their relatively new status, the standards are yet to be uniformly applied in community-based social services. UNICEF is currently supporting the elaboration of and training on National Standards of Care for Children in Residential Institutions for residential care staff, managers and inspectors. This support consists of: a) A review of standards against the current practice, standard prioritisation, identification of the

related support needs and the development of an action plan for their implementation. b) Development of relevant standard procedures, protocols and forms (in case they don’t exist) or

their updating (if they do exist) in order to facilitate the implementation of the standards. This relates to the following issues outlined in the standards: • Individual care planning for each child • Preparation for children leaving social care • Complaints procedures • Protection from abuse

c) deliver training workshops for managers and staff of residential care institutions to provide them with knowledge, skills and tools to enable them to implement the priority standards, and apply any new tools that were developed (in point (b) above).

8.2. Licensing A licensing process was initiated in 2004, in compliance with the Instruction “On licensing of private legal persons, including the NGOs for provision of social care services”78. In 2005, the process was continued based on the Article 18, Law “on Social Assistance and Services”79. The Council of Ministers decided to establish the set of criteria for licensing of social services providers as well as the establishment of the Licensing Committee headed by the Deputy Minister of the MoLSAEO80. The possibility for the non-governmental (non-profit) organisations to become 78 Instruction No. 1321/9, dated 3rd of December 2003 79 Law No. 9355, 10th of March 2005. 80 DCM 564 date 12.08.2005 “On licensing of social services providers”

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licensed service providers was already outlined in the 2001 Law “on Non-Profit Organisations”81. The MoLSAEO created a specific instruction in relation to this role of NGOs82 Based on the Law “on Social Assistance and Services”, juridical, public and private persons are entitled to manage social services after having been licensed by the MoLSAEO. The Ministry drafts a model contract, registers the status of the managing institution, and stipulates what reporting and oversight will be required and provided. Both the MoLSAEO and the SSS have a licensing section. The duties of the licensing section within the SSS is to collect licensing documentation and to review whether it complies with the Law. The MoLSAEO is responsible to confirm the licence, based on the DCM “For Licensing the Providers of Social Care Services”83

DCM 564 specifies that social care providers who qualify for a licence must: “have or shall open up centres in which services shall be offered to groups in need, including residential care centres, day care centres, rehabilitation centres for persons with disabilities, settlement and reintegration centres for victims of violence and trafficking, in-home services, psychosocial consultation centres and consultation lines”. Under DCM 564, NGOs offering such services must submit their application for a licence to the Inspectorate of Social Services. The Inspectorate is then obliged to carry out an assessment of the capacity, quality and level of service provided by the applicant. In practice, inspectors of the relevant regional office of State Social Services may carry out this inspection. … … regional offices of the State Social Services reported that they do try to make use of the Social Services Standards and, where relevant to the provider, the Residential Care Standards, as a benchmark when carrying out the on-site inspection. Tirana regional office of State Social Services, in particular, make use of a checklist based on the Social Services Standards including assessment of the legal statutes of the NGO, projects undertaken, the education and qualification levels of staff, facilities, degree of cooperation with local government, and the impact of the NGO’s activities. The report of the Inspectorate of Social Services is then forwarded to the central Licensing Commission for NGOs, located in the Ministry of Labour and Social Affairs. The Licensing Commission convenes once a month and, under DCM 564, is able to grant licences for a period of up to three years, subject to a maximum initial period of one year for new providers. Upon granting a licence, the Licensing Commission should provide written notification to all of the State Social Service, the relevant Regional Council and municipality/commune… .. One current weakness, however, is the lack of sanctions where an NGO continues to operate a social care service without the necessary licence. Article 107 of the Draft UN Guidelines for the Protection and Alternative Care of Children without Parental Care, for instance, recommends that the failure of an alternative care service provider to register and be authorised to operate should be a criminal offence. As at the time of this report, this is not the case in Albania in respect of the licensing scheme provided for by DCM 564. In the course of interviews, regional offices of State Social Services did not appear to have any enforcement mechanism available to them in the event that an NGO providing social services did not apply for a licence. From Hamilton, C., Malby, S. and Ross, G. (unpublished) Analysis of the Child Protection System in Albania, April 2007, document produced by the Children’s Legal Centre for UNICEF : 118-119

81 Article 34, Law No. 8788, 7th of May 2001. 82 Instruction 1321/10, dated.3.12.04, “On the criteria to be fulfilled by the NGOs, which offer social care services to enter into a contract with MoLSA” . 83 DCM No. 564, dated 12th of August 2005.

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Based on the data provided by the State Social Services for the assessment, in 2007, there were 35 subjects84 licensed to provide services for children such as: the family house for children without parental care, the youth centre, the community centre, the admission and reintegration centre for children victims of trafficking, the counselling centre for women and girls. The draft Social Inclusion Strategy85 envisages that all the NGO service providers are to be licensed during 2007.

8.3. Inspection The inspection procedures were recently initiated (in mid-2006), based on a decision of the Council of Ministers (DCM) 86. The Decision is based on the stipulations outlined in the 2005 Law “on Social Assistance and Services”87, which initiated the setting up of the Inspectorate of Social Services. The DCM outlines the following duties:

• Inspection and monitoring of social assistance and disability allowance • Inspection and monitoring of social services • Training of inspectors on the inspection and monitoring of social services, to prepare the

evaluation report, recommendations, practical advice and promotion of positive experiences.

The Inspectorate currently has 6 staff, but with a planned increase to thirteen staff members (Hamilton et al., unpublished). The Strategy of Social Services envisages that the inspection is initially to have ‘an information and advisory character to ensure familiarity with, understanding and implementation of the standards’ (MoLSAEO, 2005: 51). Additionally, the Social Service Standards and the Residential care Standards are used as the basis for assessments and inspections (Hamilton et al., unpublished: 126)

In addition to social services inspectors based both within the inspectorates in Tirana, inspectors are also located within the regional offices of State Social Services. In practice, it seems that a social service provider may receive inspections from inspectors based either in Tirana, or the regional office, depending upon the geographical location of the provider. Inspections, in all regions visited, were reported to cover Social Administrators, public residential and day care institutions, and licensed NGO social service providers. Regional offices of State Social Services claimed that, in principle, each of these would be inspected between two to three times per year. In addition to planned inspections, residential care providers may also be subject to unannounced inspections. The capacity of regional officers to carry out inspections clearly differed between the regions of Albania. Tirana regional office of State Social Services reported the use of a ‘control plan’ for inspections of all of Social Administrators, public residential care institutions, and licensed NGO social service providers. The office noted that the Social Services Standards and, where applicable, Residential Care Standards, were used as the basis for assessment in inspections. More remote regional offices of State Social Services, on the other hand, reported substantial difficulties in visiting persons and institutions to be inspected due to a lack of travel budget and human resources. In addition, regional offices noted that, whereas standards such as the

84 SSS- 2007, NGO’s Data base of licensing to provide social services for children in need. 85 Available from http://www.keshilliministrave.al/shqip/dsdc/archive/Crosscutting%20strategy%20-%20Social%20inclusion%20-%20Nov%202006%20-%20English.pdf (site accessed on the 4th of June 2007.) 86 DCM no 512 date 31.05.2006 87 Article 27, para 2, , Article 42, para 4, Law No. 9355, 10th of March 2005.

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Residential Care Standards were a useful tool in inspections, they suffered from a lack of indicators that would assist inspectors in assessing whether the standards had been met. With respect to child protection concerns, whilst Residential Care Standard Ten88 includes specific criteria related to criminal record checks for staff, definitions of abuse, reporting procedures for abuse, and therapeutic programmes for child victims of abuse, State Social Services inspectors made no reference to these provisions in discussions concerning protection from violence, abuse, exploitation or neglect in residential care. Moreover, State Social Services inspectors generally do not appear to meet with children in residential care during the course of an inspection. Whilst inspectors do make recommendations following an inspection, these do not seem to specifically cover quality of care and appear to be more concerned with financial reporting and administrative matters. As such, inspections need to specifically focus on quality of care and, specifically, measures taken to protect children from violence, abuse, exploitation and neglect. In addition to the power to make recommendations following an inspection, State Social Services inspectors may also propose penalty measures to the General Director of State Social Services. These may include the dismissal of the centre’s director or members of staff where appropriate. Overall, the inspection system is a good step towards fulfilment of relevant international standards, including the requirement for accountability to a specific public authority through frequent inspections, comprised of both foreseen and unannounced visits (See Draft UN Guidelines for the Protection and Alternative Care of Children without Parental Care. Art. 129.). As noted, above, however, the system could benefit from harmonisation of quality across the regions and a more pronounced focus on child protection concerns… From Hamilton, C., Malby, S. and Ross, G. (unpublished) Analysis of the Child Protection System in Albania, April 2007, document produced by the Children’s Legal Centre for UNICEF : 119-120

9. Material assistance for children and families Since it’s initiation in 1993, the economic assistance programme underwent several changes, aimed at adjusting the programme to the economic and social situation of the country. As noted in Chapter 3 (on key reform initiatives and documents), improved targeting of the economic benefits was included as one of the key reform efforts in all relevant strategies and subsequent legislation. However, as noted in the Strategy for Social Services (2005), the economic assistance still dominates in comparison to the provision of social services. In the period 1996-2002, the management of economic assistance was managed by the General Administration of Social Services (GASS) within the MoLSAEO, in order to increase the effectiveness of social assistance. In order to improve targeting, the economic assistance programme is administered by local government through a network of Social Administrators in every municipality/commune. The assistance is fully funded from the central budget. Every two months, the local governments receive a lump sum (block grant) for economic assistance. Subsequently, the allocation to households is their responsibility, based on the nationally and locally specified eligibility and benefit rules. The amount of economic aid provided to a family is determined by the Council of Communes and Municipalities in accordance with the Decision of the Council of Minister Nr no. 605 dated 30/10/1995.

88 For further details regarding standards, see section 8.1. above

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9.1. Family benefits Economic Assistance (EA or “ndihma ekonomike”)89 program is meant to alleviate income poverty of households. It was initiated on the 1st of June 1993. Based on the 2005 Law “on Social Assistance and Services90, cash benefits are provided for the poor families whose total income is under the poverty line. According to the same legislation, the social assistance system provides social assistance benefit in cash, food aid and lump sum payments for special cases. Social assistance benefit is a means-tested cash benefit granted on a family-by-family basis. Where necessary and possible, public social welfare services are provided rather than social assistance benefit, or as a supplement. Two groups are particularly targeted for the economic assistance91:

- Households with three children These households receive a monthly payment until children complete compulsory education.

- Children without parental care aged 18-25 that are no longer living in institutions and the unemployed children without parental care, over the age of 25. These groups of children receive a monthly payment of 3000 lek (approx. 50EUR) on top of the economic assistance.

EA benefit is not based on absolute or relative poverty line. As a matter of fact, it could have been more logical to define the amount of benefit based on the minimal standard of living. However, taking into account that the calculation of wages and social insurance benefits were not based on the absolute poverty level, EA benefits also could not refer to poverty level. EA benefit is based upon family income in the worst economic and social situation with two members receiving unemployment benefit. Such a principle aims to encourage employment and contributory benefits, since incomes from paid employment are higher that social insurance benefit and the last ones is higher that non-contributory benefits (EA). Income level for benefiting EA should be below the income minimum (threshold). It is linked with unemployment benefit and cannot be higher than 250 percent of that payment. Based on the household size and structure, there are several subsistence thresholds defined according following rule and applicable at national level. Subsistence thresholds for the economic assistance For the household head No income or lees than 95 percent of unemployment benefit For other household members over working age or disable

No income or lees than 95 percent of unemployment benefit

For other household members at working age No income or lees than 19 percent of unemployment benefit For other household members under working age No income or lees than 23.75 percent of unemployment benefit At household level No income or less than 250 percent of unemployment benefit

89 By ”Economic Assistance” is meant the support in cash or in kind, to individuals with a special status and to families in need. Law on Social assistance and Services” No. 9355, date 10/03/2005 Art 4 “Definitions” 90 Law No. 9355, 10th of March 2005 91 Data from the draft Social Inclusion Strategy, available from http://www.keshilliministrave.al/shqip/dsdc/archive/Crosscutting%20strategy%20-%20Social%20inclusion%20-%20Nov%202006%20-%20English.pdf (site accessed on the 4th of June 2007)

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Approximately 120,000 households (69,000 in rural areas and 51,000 in urban areas) in 2005 receive economic assistance. The number of beneficiaries has been declining in the period 2000-2005 (from 150,000 beneficiary households in 2000)92. Coverage of the extreme poor has increased, but there are problems with the possible usage among the wealthier societal groups and the non-coverage of poor households93. The real value of the benefit has decreased over the past five years by 23%. The draft Social Inclusion Strategy94 notes that the minimum level of monthly economic aid is to be increased from 500 to 800 lek (from approx. 8 to 13EUR) and the maximum payment is to be increased from 6500 to 7000 lek (from approx. 108 to 116EUR). The Strategy for Improving Roma Living Conditions (Government of Albania, 2003) recommends several measures95 aimed at increasing the access of Roma families to economic assistance, due to their lack of awareness of their rights. The same recommendations are to be accepted in the Social Inclusion Strategy.

9.2. Disability benefits The disability allowance was initiated in 1993. This benefit is the largest social assistance programme, with a rapid growth of recipients over the recent years96. The 2005 Law “on Social Assistance and Services97 provides for disability payments, in accordance with the decision of the responsible (municipal/commune) Committee. In line with existing legislation and the programmes which are currently being implemented related to the disabled, children born with disabilities, or those who become such up to the age of 21 years, the benefits are the following: • Support through a cash disability entitlement in order for the family to meet the special needs

of disabled children. • 200% of the disability entitlement in cases where the child continues studies through middle

school and 300% of the entitlement when engaged in the university level education. This is done to promote disabled children in their efforts for further education.

Eligibility is not means tested. Approximately 24,000 children benefit from the disability allowance (State Social Services and Dokita, unpublished). This benefit underwent a rapid expansion in recent years; the expenditure on the programme almost doubled between 2000-205 and the real value of the benefit increased by over 60 percent98.

92 Data from the draft Social Inclusion Strategy, available from http://www.keshilliministrave.al/shqip/dsdc/archive/Crosscutting%20strategy%20-%20Social%20inclusion%20-%20Nov%202006%20-%20English.pdf (site accessed on the 4th of June 2007.) 93 Ibid. 94 http://www.keshilliministrave.al/shqip/dsdc/archive/Crosscutting%20strategy%20-%20Social%20inclusion%20-%20Nov%202006%20-%20English.pdf 95 Awareness campaigns, a decree to communes/municipalities obligating them to provide technical assistance to Roma families in order for them to complete the documentation required for inclusion into such schemes. 96 Ibid. 97 Law No. 9355, 10th of March 2005 98 World Bank, from the draft Social Inclusion Strategy, p. 16 (available from http://www.keshilliministrave.al/shqip/dsdc/archive/Crosscutting%20strategy%20-%20Social%20inclusion%20-%20Nov%202006%20-%20English.pdf)

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9.3. Electricity Subsidy This social assistance was initiated in 2003 and initially targeted 191,500 households. However, it’s implementation has been difficult and, for example, only 37,000 households received this subsidy in the period January-March 200699. The subsidy is to be increased from 9 to 36 percent of the electricity price. The target is also to be increased to 270,000 households.

9.4. Funding of the material assistance The public social assistance scheme is financed by the state budget through the block grant allocation mechanism. The amount of the grant given to each municipality/commune is calculated based on social and economic indicators, like: • the structure of the population • the structure and the rate of employment, self-employment and unemployment • family income structure, including incomes from all sources available to the population • assets and other private property • land ownership and use, animal husbandry and other sources of agricultural incomes • the data on malnourishment Article 21 of the Law on “Social Assistance and Services”100 additionally provides the possibility for the municipality/commune to approve special criteria for economic assistance, based on the locally available funding. So far, these extra sources have not implemented.

10. Community based services The policy environment in Albania stipulates the development of community-based services, together with the transfer of the responsibility for services from the central to the local government. Another important part of the reform was the introduction of the non-state (private or non-governmental) service providers since the early 2000s. Currently, community based services are mainly provided by the international and local NGOs and in the major cities. There is a lack of services that are targeted at not only children, but also parents (to support them in their parental role). Foster care services are yet to be developed, the drafting of a national strategy and action plan for Family Placement Services (Foster Care) is currently underway (through support from UNICEF). Initiation of a Social Fund is proposed for 2008, in order to stimulate the development of community-based services. The Social Service Delivery Project (SSDP) is playing an important role in the current development of the community-based provision. In parallel to the policy environment that promoted the development of community-based services, the Social Service Delivery Project (SSDP) played an important role to promote a partnership approach between local government and civil society in the social services delivery. Additionally, the SSDP promoted the utilisation of (community-level) needs assessments in each of the localities, as a basis for the service planning and purchasing (again on community-level). Despite the significant improvements in relation to this reform development, the current and planned strategies (i.e. the 2005 Social Service Strategy and the draft Social Inclusion Strategy)

99 From the draft Social Inclusion Strategy, ibid. 100 Law No. 9355, 10th of March 2005.

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note a variety of issues in relation to the current level of development of the community-based services: 5 these services are delivered in the main cities (i.e. Gjirokaster, Elbasan, Tirana, Shkoder,

Vlore). Hence, the whole territory of the country is not covered with this type of provision. 6 The variety of services is limited. 7 Some of the lacking services require co-operation with other relevant sectors. For example,

there is a lack of vocational training initiatives, employment opportunities or assistance for poor households with children.

8 Due to the lack of case management procedures, relevant statutory services are not familiar with the existing community-based services and hence don’t make the relevant referrals.

10.1. Family support services Table XX: Family support services in Albania – figures for 2005 Type of service Designation Number of

services Number of Beneficiaries

Districts where the services are delivered

Day centres for the disabled

State service 2 61 Korçë, Lezhë

Polyvalent day centres

State service 3 73 Sarandë, Tiranë, Elbasan

Rehabilitation centres for the disabled

NGO 8 5 in Tirana, Librazhd, Skoder, Polican

Shelters for victims of trafficking

8 Tiranë. Vlorë, Elbasan, Berat, Korce

Source: MoLSAEO, 2005a: 56-57 10.1.1. Services for children with disabilities The main goal of the community-based support for children with disabilities is to ensure their social inclusion. The National Strategy on People with Disabilities (MoLSAEO, 2006) stipulates the development of inclusive education, in parallel to the piloting and provision of community based services. It is estimated that around 1,000 children were getting support from various NGOs101 About 40 to 45 per cent of children with disabilities live with extended family members102. Approximately 60 per cent of them live in rural areas. The Strategy for Social Services (MoLSAEO, 2005a) notes that there is an insufficient number of day and other community services (i.e. vocational training) available for disabled children. In parallel, they note the lack of adequate psycho-social support for their families, too, as well as obstacles in regards to the disabled children’s mobility and communication. Poverty and lack of community-based services keeps most children with disabilities isolated at home, unable to integrate into mainstream society. As a result, 50 per cent of children with disabilities living in residential institutions are older than 16 years. Although this is not allowed by law, they remain in institutions because they have nowhere else to go due to the lack of rehabilitation and reintegration services. 101 State Social Service, administrative records, 2005. 102 State Social Service, administrative records, 2000–2004.

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10.1. 2. Abandoned and street children The Strategy for Social Services includes the following groups of at-risk children under this name: children with social problems, Roma children or children from poor families and those from divorced parents (MoLSAEO, 2005a: 24). The Strategy notes the existence of some (NGO) services that support continued school education for these children, vocational training (for adolescents) and support to families with services and material assistance. However, these are perceived as insufficient, particularly in terms of what support these offer to parents (to assume their parental role). 10.1.3. Children – victims of trafficking The NGOs in Albania currently offer several relevant programmes for this group of children, including:

- vocational training courses (for children who do not attend school), - support for the integration of children in families, - preventative services for the groups at risk of trafficking (to help children with their

schooling and support for the families) (MoLSAEO, 2005). In parallel, a public shelter was opened in 2003 for trafficked girls, women and children.

10.2. Family substitute services 10.2.1. Foster care According to the Albanian family tradition, children without parental care are mainly cared for by their relatives. According to the data presented in the Strategy for Social Services, there are about 16,000 such children in Albania (data from the Socio-Economic Statistics of the State Social Services, from MoLSAEO, 2005a: 22). However, even children living with one parent are also categorized as the so-called “orphaned children”. According to some sources, only 19 children are cared for through the pilot foster care scheme run by the NGO “EveryChild” (data for December 2005, from Hamilton et al., unpublished). The pilot was set up for the period 1998-2000, with an extension due to programme success103 In parallel, the Strategy for Social Services (MoLSAEO, 2005a) notes that children with disabilities are entitled to a “foster care payment” for the disabled who cannot look after themselves under the decision of the Medical Commission (KMCAP). There is no data available on how many children use this type of payment and in what way, nor on the amount of the payment. 10.2.2. Adoption Data from the Albanian Adoption Committee (for details, see section 5.3.) noted in the Strategy for Social Services (MoLSAEO, 2005a) indicates the fluctuation of the number of adoptions in the period 2001-2005. This may correspond to the decreasing number of children placed in residential care and a decrease in the number of children registered for adoption (NACSS, 2005). In parallel, the number of adoptions to foreign nationals has increased. The Strategy notes that this may be due to the fact that the foreign nationals adopted children who were sick, disabled or older.

103 Information obtained from http://www.everychild.org.uk/index.php?content=detail (site accessed on the 4th of June 2007.)

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Table 1: Adoption figures for the period 2000-2003 (within Albania and abroad)

Year Adopted inside the country

Adopted abroad Adopted inside the family

total

2000 38 35 26 99 2001 41 47 31 119 2002 21 26 28 75 2003 28 26 28 82

Source: MoLSAEO, 2005: 58

10.3. Funding of community-based services Based on the Decision of the Council of Ministers (DCM) 104, social care services are funded from the state budget (both “extra institutional”/community-based and residential). Once the sub-laws are drafted in furtherance of the 2005 Social Service Law are created, this Decision will become invalid. However, for now this Decision is still in force. The Law stipulates that the local authorities may fund their own services, based on the local needs. The majority of these services are envisaged for establishing within the SSDP World Bank project (MoLSAEO, 2005a). The project is to fund these new services initially, but the operational expenses are to be covered through the municipality/communal budgets. Upon the project completion, they are to become the responsibility of the local authorities. Some local government structures (i.e. in Tirana) already begun to plan funding for social care services in 2005 (ibid.). Additionally The Strategy for Social Services (ibid.) proposes the establishment of a Social Fund. It’s initiation is envisaged for 2008, with a mandate to provide grants on a co-funding basis for the governmental and non-governmental community-based service providers105. The fund is to generate resources through the public funding, extra-budgetary funding from a variety of legal entities or individuals and the donor funding.

11. Deinstitutionalisation See also section 8.1. regarding residential care standards and the UNICEF initiative for the implementation of residential care standards The policy environment in Albania aims to promote deinstitutionalisation through two parallel objectives – improvements in the quality of care in existing institutions and promotion and development of community-based alternatives. Institutionalisation is not highly developed (in comparison to other countries in the region). These are currently provided by the central government, and are to be decentralised to the local authorities.

104 Decision number. 307“For the Social Care Services”, dated 24th of May 1994; Once the sub-laws are drafted in furtherance of the new law 9355 for economic assistance and social services, this Decision will become invalid. However, for now this Decision is still in force. 105 From the draft Social Inclusion Strategy, available from http://www.keshilliministrave.al/shqip/dsdc/archive/Crosscutting%20strategy%20-%20Social%20inclusion%20-%20Nov%202006%20-%20English.pdf (site accessed on the 4th of June 2007).

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Table 2. State and non-state residential care facilities – figures for 2006 Public residential care facilities

Number of residential care

facilities

Capacity Number of actual children placed

Residential care institutions for children without parental care106

23 435 355

Residential care institutions for infants (0-3 years)

5 205 157

Durrës 1 50 32 Korça 1 25 18 Shkodra 1 30 25 Vlora 1 40 32 Tirana 1 60 50 Residential care institutions for Pre-school Children (3-6 years)

Shkodra 1 50 41 Residential care institutions for School-aged Children (6-18 years )

3 180 157

Saranda 1 50 50 Shkodra 1 80 68 Tirana 1 50 39 National Reception Centre for Victims of Trafficking (including children)107

1 50 8

Homes for Persons with Disabilities (including children)108

4

200

168

Detention centres109 Vaqar 1 50 27 Education centers 110 2 330 290 National institute for deaf and blind pupils 1 220 205 Disability schools 1 100 85 Dormitories (Boarding school) (over 18 years) 9 291 Non-public residential care facilities run by NGOs111

15 500112 427

Figures on the institutions in Albania frequently exclude special schools and juvenile justice facilities from their calculations. In parallel, data on the number of beneficiaries in the eight existing NGO residential facilities is also not available. For example, the Social Services Strategy (MoLSAEO, 2005a) notes the estimates from the State Social Services that there were 1198 children in Albania in institutional care. Figures compiled for assessment purposes (see Table XX above) indicate that there were 1555 children in institutional care in Albania. Hence, there are 357 children that are not targeted by the reform efforts. However, the Social Service Strategy highlights that, on average, approximately one fifth of children who leave social care are returned to their family (ibid.).

106 MoLSAEO – SSS- Statistic Office 2007 107 MoLSAEO- SSS- Statistic Office 2007 108 MoLSAEO – SSS – Statistic office 2007 109 Hamilton et al. (unpublished) 110 MoES – Statistic office 2006 111 NACSS & HDC (2005) “Assessment of the Child Care Services and the Institutions for Children Without Parental Care” , NACSS HDC , pg 28, Map of child care institutions 112 Estimation

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Importantly the Decision of the Council of Ministers “For the Social Care Services” 113 instated the transfer of the social care institutions from under the responsibility of the Ministry of Education and Science, and the Ministry of Health, to the Ministry of Labour, Social Affairs and Equal Opportunities. This may ease the institutional transformation.

11.1. Residential facilities for children without parental care The Social Services Strategy (MoLSAEO, 2005a) notes that the deinstitutionalization of services for children without parental care mainly focused on the provision of community-based support for these children (i.e. counseling) and re-uniting of children with their biological families (in Tirana, Durres, Sarande, Shkoder and Fushe-Kruje). However, in parallel, the residential services lack resources such as equipment or furniture to ensure an environment appropriate for children (ibid.). Additionally, staff lack capacities to promote children’s upbringing and independence. In addition to the problems in residential care encountered in other contexts (i.e. lack of preparation for independent living, low number of children that continues into higher education), the Strategy notes the following additional problems children without parental care face:

• Children are mostly at risk from sexual abuse, early pregnancy and involvement in trafficking and prostitution networks.

• Children are not provided with accommodation and work after finishing their schooling. • There is no accurate information or any follow-up of these children after leaving the

institution. • The desire of children to choose their school or their vocation is not taken into

consideration. • Frequent movement of the children from one institution to another due to the specialisation

of institutions according to age groups and their distribution to various cities. Upon completion of the basic education (eight years), the State grants full scholarship to orphaned children in the care of institutions so that they can receive secondary education at a boarding-school. Those children who are able and willing to follow higher studies are again granted scholarships and free boarding in the dormitories of the higher schools. Care for children studying in secondary and higher schools is the responsibility of the Ministry of Education and Science, since the dormitories of these schools come under the jurisdiction of this Ministry. Irrespective of the rights granted to them pursuant to their status as orphans (the right to housing, and to employment in compliance with their profession), the children studying in secondary or higher schools continue to live in very difficult social and economic conditions. Upon completion of secondary education, many of these children continue to live in the dormitories of the schools they have frequented because their housing issue is not resolved. In 2005, there were 298 such persons (now aged over 18) living in dormitories. It is relevant to note that, according to some research (NACSS, 2005) the main reason why children are placed in care is poverty, similarly to some other countries in the region. Additionally, placement of children from single-parent households is also high.

113 Decision no. 307, dated 24 May 1994; Once the sub-laws are drafted in furtherance of the new law 9355 for economic assistance and social services, this Decision will become invalid. However, for now this Decision is still in force.

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The Strategy for Social Services (MoLSAEO, 2005a) stipulates the following in regards to deinstitutionalisation:

• Children under 8 years of age, except in emergency cases and only for a very short period of time, should not be placed in residential care.

• Alternative systems of care, fostering and adopting families should be developed. • Daily support services for children should be created and developed. • Work to reduce the demand for places inside residential centres, including public

education, work in maternity homes with mothers to lower the number of abandoned babies and work with families in difficulty.

• Active measures to rehabilitate children and youngsters who live in residential centres back into their own families.

• Periods of residential care for children kept to a minimum.

11.2. Residential facilities for children with disabilities The National Strategy for People with Disabilities (MoLSAEO, 2006) indicates that the residential care is to be transformed, but also notes the need for the ‘adoption of new measures for people who cannot benefit from services in the families’. In 2005, 285 children with disabilities received services in residential centres (226) and daily (59) development centers, while 582 children with disabilities were attending special public schools (State Social Services and Dokita, unpublished). Within the reform, the residential services are to be transformed into community-based services (i.e. day services aimed at treatment, but also prevention of abandonment). However, the current residential establishments have shortages of specialized equipment, i.e. for physical rehabilitation of disabled children, which has implications also for the development of day care services.

In co-operation with NGOs alternative services for children and the disabled replacing residential services with family houses, foster care, adoption, etc are being developed. The process of deinstitutionalisation has started in the babies’ home in Durres by transforming it from a residential centre into an admission centre where other services are offered that enable reintegration and the return of children to their biological family or to a foster care family. Also, the babies home in Shkoder modelled a family Resource Centre (family house), which facilitated the reintegration of children with social or economic problems and their return to their biological families. Other examples include a family house for the disabled orphans (the project “Shpresa” and of Madoninna della Grappa), a family house for the rehabilitation of the mentally handicapped women, who cannot be treated in the psychiatrical hospital (Cassa Mimoza).

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Recommendations 1. Target Groups of Children 1.1 Inclusion of all target groups of children in legislation (possibly through a child protection act). 1.2 Ensure issue-based policies focusing on individual target groups of children are informed by causal analysis and harmonized with other relevant policy frameworks in order to reduce the risk of developing parallel structures/mechanisms and to increase efficient use of resources. 1.4 Link the current reform to a more universal child welfare/children's services agenda which at

its broadest level is concerned with meeting the needs of all children, not just those in need of care. The protection system should be linked and focused on prevention, developing policy and discourses on:

o early intervention and support; o the reduction and prevention of risk (poverty) and harm; o the reduction and prevention of abuse and neglect; o the reduction of the numbers of children in need of protection; o the development of early years services;

2. Planning and Decision Making 2.1 Ensure the harmonization of approaches within MOLSAEO with regards to planning and subsequent resource allocation, and take a more pro-active approach to sector-specific donor coordination in order to reduce fragmentation within the Ministry, avoid the creation of parallel structures, clarify the mandates of existing structures, and clearly identify gaps in protection response. 2.3 Support the government to re-structure the various inputs regarding child protection under one

Department (to accompany the Child Protection Offices) on national and regional levels. 2.3 Provide central government level support and guidance to regional and local actors with regards to their new role in planning, delivering and managing social services, by providing them with relevant tools to assess needs, plan for social services, and monitor the implementation of relevant strategies/plans. 2.4 Strengthen the National Statistics Office to develop indicators and collect information on all categories of children at risk in order to inform policy and planning for social services. 2.5 Provide ongoing political commitment to harmonize relevant social protection strategies within broader development frameworks, and in coordination with the National Strategy and Action Plan for Children. 2.6 Establish mechanisms and indicators to monitor the impact of key social protection strategies. 2.7 Support/activate existing mechanism for inter-ministerial coordination on Child Rights (through the Inter-ministerial Committee on Child Rights) by ensuring regular meetings and active

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participation of respective Ministries in the coordination and follow up efforts, including in the area of joint planning and monitoring of responses. 2.8 Ensure planning documents address quality and accessibility to social services including to geographically isolated or socially excluded underserved populations. 8.1 Identify mechanisms to assess pilot projects and institutionalize/nationalize good practices.

3. Reorganization of statutory services – “service purchasing” and gatekeeping at local level 3.1 Establish institutionalized referral mechanisms for child and family protection focusing on case identification and management, including:

• specify mandates of social administrators and other relevant staff within social service departments with regards to identification, reporting and referral, and clarify roles in relation to existing structures (i.e CPUs)

• revise job description of social administrators to clarify their role in case management • set up mechanisms to improve collaboration and share information between actors such as

schools, health centers, local government, in order to identify and refer children at risk • Raise awareness amongst professionals (social administrators) of their roles and

responsibilities towards the protection of children. • Increase capacity of professionals to identify children at risk of abuse of neglect. • Raise awareness of key stakeholders, including the general public, about the existence of

referral mechanisms, so they can make referrals to suitable agencies. The pilot Child Protection Units should be assessed with regards to its potential scaling-up. 3.2 Implement a comprehensive and harmonized National Care Planning System which is in line with international and national standards, as part of the Action Plan of Social Services. 3.3 Develop institutionalised protection mechanisms to identify, assessing, refer, monitor and treat cases of violence against children, including:

• Developing clear procedures and protocols for identification and referral within all key sectors (social services, education, health, police, justice)

• Develop internal regulations in relevant institutions and organizations regarding violence and abuse

• Conduct specific in-depth training for the staff regarding physical, emotional, verbal, corporal, sexual and slavery abuse.

• Organize awareness raising sessions for children to inform them about different forms of violence and their rights with regards to complaints procedures and support mechanisms.

3.4. Prioritize the urgent reorganization of Development Centres in terms of the building, staff structure, and special education in close collaboration with SSS. 4. Decentralization 8.2 Develop clear guidance and adequate support mechanisms for local government to clarify the

legal framework for decentralization.

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8.3 Provide central government special guidance to support regional and local government in conducting needs assessment and planning for social services. Specifically support is needed in the area of:

• developing clear regional strategies and related regional and local level action plans for child protection and indicators by which success can be monitored.

• developing a regional data base in coordination with local governments in order to have a clear picture of social problems of children in each area.

• building the capacity of local government to assess social service needs to adapt to the changing social realities of Albanian society, and to plan for and manage relevant services in an appropriate manner.

• Institutionalize cooperation between the relevant parties of government (central/regional/local) and find new ways of collaboration between regional and local governments and civil society.

8.4 Develop a sustainable financing strategy to support local government in contracting social

services. 8.5 Raise awareness of local government actors, service delivery agents and the general public

about child protection issues and about what resources exist to respond. 5. Personnel issues 5.11 Reinforce the newly established training structure within State Social Services, through

supporting a baseline evaluation for social service training needs at local and central level, developing a subsequent training strategy, and allocating appropriate resources to the sector to enable them to realize activities. Regular annual plans for training should be developed in collaboration with NGOs.

5.12 Develop targeted in-service training on child protection for a range of professionals

working with children in State and non-State structures, including intensive focus on care planning. Ensure regular (twice per year) in-service training is provided to staff, based on their identified needs.

5.13 Introduce mandatory training programmes on relevant issues and comprehensive training

for specialist issues (to be certified by the SSS). 5.14 Strengthen ties between Faculty of Social Science and MOLSAEO with regards to

identifying training needs and developing appropriate pre-service and in-service training curricula.

5.15 Institutionalize social service trainings by having a mandatory link with the SSS training

sector in order to better coordinate training initiatives and promote sustainability. 5.16 Revise job description of social administrators to reflect law on social services and new

expanded role.

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5.17 Ensure that new staff meet professional qualifications required for the post, and develop orientation training for new staff.

5.18 Support the licensing of social workers, and promote establishment of professional

organization with self-regulating standards and criteria. 5.19 Within relevant State structures, determine a clear hierarchy and division of responsibilities

among staff to ensure efficient and quality support to children. 5.20 Where appropriate, provide clinical supervision to staff to avoid burn out. 6. Gate-keeping at national level 6.1 Strengthen existing monitoring mechanisms to ensure adherence to criteria for entry into institutions are applied. 6.2 Develop leaving care plans for each child in residential care. Special attention should be paid to older children to ensure their preparation for independent living after they leave institutional care. 6.3 Build capacity of newly established Inspectorate body to assess quality of care within residential institutions, based on national Standards of Care for Children in Residential Institutions. Develop measurement indicators to facilitate assessment processes. 6.4 Expand national-level training on Standards to public residential care institutions. 6.5 Replication of the efforts done by UNICEF regarding residential care standards for other issues (trafficking, disabilities, overall social protection). 6.6 Implement complaints procedures in relevant institutions and services and establish the position of an Independent Reviewing Officer. 7. Material assistance for children and families 7.3 Give priority to reforming current system of economic assistance to ensure more targeted

economic and material support to families in need. 7.4 Cash social assistance should be accompanied by complementary social care services to ensure

vulnerable families and children get appropriate holistic support, including those receiving disability benefits

8. Community based services 8.3 Strengthen local government capacity to plan for, coordinate and monitor community based

services, including investing in their capacity to manage social funding mechanisms (foreseen for 2008).

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8.4 Support for the creation of funds to be used for the development of community-based and

prevention services 8.3 Strengthen capacity of local and regional inspectors to assess quality of care among public and private service providers in line with national standards of care. In this interest, measurement indicators should be developed. 8.4 Priortise the creation of a network and referring system at the community level, to support service coordination with a client focus.

8.5 Resources should be set aside to support the establishment the system of family placement services, the strategy of which is currently under development.

9. Deinstitutionalization 9.1 Create deinstitutionalisation plans for each institution 9.2 Deinstitutionalization should be concurrent with the establishment of alternative community based services. 9.3 Priority should be given to implementation of a preparatory plan for leaving social care, as part of individual care plans for children/youth in residential care. 9.6 Review of current budget allocation for residential institutions should be reviewed in light of

deinstitutionalization priorities. 9.7 Inclusion of special schools and juvenile justice institutions in the deinstitutionalisation efforts.

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Bibliography Abdikeeva, A. and MRG (Minority Rights Group International) (2005) Roma Poverty and the Roma National Strategies: The Cases of Albania, Greece and Serbia, from http://www.minorityrights.org/admin/download/pdf/RomaMacro2005.pdf (site accessed on the 4th of June 2007.) The Council of Ministers (2003) Progress Report for Implementation 2002, Objectives and Long Term Vision of the NSSED, Priority Action Plan 2003, 8th of May, from http://www.imf.org/external/pubs/ft/scr/2003/cr03164.pdf (site accessed on the 4th of June 2007.) DFID (2000) Albania: Country Strategy Paper 2000-20004, from http://www.dfid.gov.uk/pubs/files/albania-csp.pdf (site accessed on the 4th of June 2007). DFID and Social Development Direct (2006) Desk Review of Social Exclusion in the Western Balkans, 28th of July, from http://www.dfid.gov.uk/pubs/files/socialexclusion-deskreview-aug06.pdf (site accessed on the 4th of June 2007.) GAO (United States General Accounting Office) (2000) Balkans Security: Current and Projected Factors Affecting Regional Stability. Briefing Report to the Chiarman, Committee on Armed Services, House of Representatives. Darby, PA: Diane Publishing Co, April Hamilton, C., Malby, S. and Ross, G. (draft, unpublished) Analysis of the Child Protection System in Albania, document produced by the Children’s Legal Centre for UNICEF, April 2007 IMF (The International Monetary Fund) and IDA (The International Development Association) (2002) Albania: Joint Staff Assessment of the Poverty Reduction Strategy Paper, May 28th from http://www.imf.org/external/np/jsa/2002/alb/eng/052802.pdf (site accessed on the 4th of June 2007). INSTAT (2001) household census --- (2002) The 2002 Albania Living Standard Measurement Survey (LSMS), from http://www.worldbank.org/html/prdph/lsms/country/alb2002/alb02home.html -- (2005) Quarterly Statistical Bulletin (1) -- (2006) Albania in figures INSTAT – UNFPA (1999) Population Projections 1995-2010. Tirana. Ministry of Finance (2004) Progress Report on Implementation of the National Strategy for Socio-Economic Development during 2003, Objectives and Long Term Vision, Priority Action Plan 2004-2007, April, from http://intra.undp.org.al/ext/elib/download/?id=671&name=NSSED%20Progress%20Report%20%2D%202003%2Epdf (site accessed on the 4th of June 2007).

-- (2006) Annual Report Munday, B. (2004) European Social Services: A map of characteristics and trends (a report for the Council of Europe), from www.coe.int/t/dg3/socialpolicies/socialrights/source/SocServEumap_en.doc (site accessed on the 4th of June 07

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MoLSAEO (Ministry of Labour, Social Affairs and Equal Opportunities) (2005b) Standards for Social Services in Albania. Tirana: MoLSAEO, June -- (2005c) Social Services Standards for Children in Residential Institutions. Tirana: MoLSAEO, August -- (unpublished a) draft, Social Services Standards for Victims of Trafficking, 2006 -- (unpublished b) draft, Standards of Social Services for Persons with Disabilities, 2006 NACSS (The National Albanian Center for Social Studies) (2004) Exclusion and Poverty in Albania: Research Work for the Global Development Network Project, November -- (2005) Assessment of the Child Care Services and the Institutions for Children without Parental Care. Research Report commissioned by UNICEF Albania, October. Tirana: UNICEF and MoLSAEO Social State Service and Dokita, (unpublished) “Disability in Albania, Annual Report of 2005” UNICEF (2006) The State of Albania’s Children 2006: Excluded and Invisible. Tirana: UNICEF UNICEF Innocenti Research Centre (2004) Innocenti Social Monitor 2004: Economic Growth and Child Poverty in the CEE/CIS and the Baltic states, from http://www.unicef-icdc.org/publications/pdf/sm2004/sm2004.pdf (site accessed on the 4th of June 2007). UNICEF CEE/CIS Regional Office (2003) Guidelines for the protection of the rights of child victims of trafficking in South-Eastern Europe, from http://www1.umn.edu/humanrts/instree/UnicefGuidelines2004.doc (site accessed on the 4th of June 2007). Westin, A-M. (2006) Albania and the IMF – The New Program. A Presentation by the Resident Representative of the IMF Mission in Albania at the Faculty of Economics, the University of Tirana, March 28th, available from http://www.imf.org/external/country/alb/rr/2006/032806.pdf (site accessed on the 4th of June 2007.) World Bank (1990) World Development Report 1990: Poverty, World Development Indicators. World Bank Publications

-- (2001a) V.N.I.C.A.: Vulnerability Needs and Institutional Capacity Assessment, from http://siteresources.worldbank.org/EXTGLDEVLEARN/Resources/VNICA_Albania.pdf (site accessed on the 4th of June 2007). -- (2001b) Report No. PID8818, Albania – Social Services Delivery, from http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2000/10/22/000094946_00101905450758/Rendered/PDF/multi0page.pdf (site accessed on the 4th of June 2007.) -- (2006a) Implementation Completion Report (IDA-40060) on a Credit in the amount of SDR 6.9 Million to Republic of Albania for a Third Poverty Reduction Support Credit, Report No: 36524, 30th of June (from http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2006/07/25/000310607_20060725164841/Rendered/PDF/365240ICR.pdf, site accessed on the 4th of June 2007).

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Strategies The Council of Ministers (2001) National Strategy for Socio-Economic Development, November, from http://poverty2.forumone.com/files/Albania_PRSP.pdf (site accessed on the 4th of June 2007). -- (2005) The National Strategy and Action Plan for Children (NPA) 2005-2010, DCM No. 368, date 31st of May 2005. The Council of Ministers, Office of the Minister of the State for Co-ordination (2005) National Strategy for the Fight against Child Trafficking and the Protection of Child Victims of Trafficking (a copy of the Strategy was provided by the UNICEF CO for assessment purposes) Ministry of Finance (2000) Medium-Term Expenditure Framework 2001-2003, revised version, December, from http://www.seerecon.org/albania/documents/albania_medium_term_expenditure_framework.pdf (site accessed on the 4th of June 2007). MoLSAEO (The Ministry of Labour and Social Affairs, Department of Social Services) (2005a) The Strategy of Social Services (2005-2010), from http://www.keshilliministrave.al/shqip/dsdc/nenrubrikat.asp?r=32&nr=52 (site accessed on the 4th of June 2007.) -- (2006) National Strategy on People with Disabilities, from http://www.mpcs.gov.al/dshb/images/stories/strategjite/strategjia_e_pak_-_anglisht.pdf (site accessed on the 4th of June 2007.) MoLSAEO (2003) National Strategy for improving Roma Living Conditions, from http://www.osce.org/documents/pia/2006/09/21138_en.pdf (site accessed on the 4th of June 2007.)

Legislation The Criminal Code, Law No. 7895, dated 27 January, 1995, amended by Law No. 8204, dated 10 April 1997, amended by Law No. 8279, dated 15 January 1998, amended by Law No. 8733, dated 24 January 2001, available from http://www.legislationline.org/upload/legislations/0f/55/d46a10bcf55b80aae189eb6840b4.htm (site accessed on the 4th of June 2007.) The Family Code of Albania, Law No. 9062, dated 8th of May 2003 The Law “on Non-Profit Organisations”, No. 8788, dated May 7th of 2001, available from http://www.legislationline.org/legislation.php?tid=2&lid=3628&less=false (site accessed on the 4th of June 2007). The Law “on Public Assets”, No. 8743, dated 22nd of February 2001. The Law “On Social Assistance and Services”, Law No. 9355, adopted on the 10th of March 2005. (a translation of the draft Law is available from http://siteresources.worldbank.org/SAFETYNETSANDTRANSFERS/Resources/281945-1138140795625/Albania_SocialAssistLaw.pdf (site accessed on 4th of June 2007). The Law “on transfers of public assets to the local government”, No. 8744, dated 22nd of February 2001.

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Appendices Appendix 1: List of abbreviations Appendix 2: Terms of Reference Appendix 3: Assessment tool Appendix 4: List of Steering Committee members Appendix 5: List of interviewees Appendix 6: System map Appendix 7: Good practice portfolio Appendix 8: Questionnaire for Work Group 6

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Appendix 1: List of abbreviations AAC Albanian Adoption Committee CARDS Community Assistance for Reconstruction, Development and Stabilisation CRC Convention on the Rights of the Child DCM Decision of Council of Ministers DFID UK Department for International Development ECCD Early Childhood Care and Development EU European Union EUR Euro GDP Gross Domestic Product GoA Government of Albania IDA International Development Association

ILO-IPEC International Labour Organisation, International Programme on the Elimination of Child Labour

INSTAT Albanian National Institute of Statistics MDG Millennium Development Goal HDC Human Development Centre MICS Multiple Indicator Cluster Survey MoES Ministry of Education and Science MoLSAEO Ministry of Labour and Social Affairs and Equal Opportunities MoF Ministry of Finance MoH Ministry of Health NPA National Plan of Actions NACSS National Albanian Centre for Social Studies NAP/Incl. National Action Plan for Social Inclusion NSSED National Strategy for Social and Economic Development NSDI National Strategy for Development and Integration NGO Nongovernmental Organisation NPO Non profit Organization NRA National Responsibility Authority RC Regional Council RATC Regional Anti-trafficking Committee SIS Social Inclusion Strategy SSI Social Security Institute SSS Social State Services UNICEF United Nations Children's Fund USAID United States Agency for International Development UNDP United Nations Development Programme VNICA Vulnerability and Institutional Needs Capacity Assessment WB World Bank VMA Victims of Mines and Weapons Association (Albanian NGO)

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Appendix 2: Terms of Reference Assessment of the child welfare system in the SEE region

Terms of Reference

1. BACKGROUND In mid 2006, UNICEF Regional Office for CEE/CIS received regional funding from SIDA for a project entitled ‘The Reform of the Child Care System in CEE/CIS – taking stock and accelerating action’. The project takes place from June 2006 to December 2009. The project aims to address the following issues regarding the reform of child care in the noted regions:

- availability of a continuum of services in different communities and countries, which is able to address diverse vulnerabilities through individual planning, based on an aim of providing quality care for children;



- the situation regarding the policy environment in which the reform is taking place, - the role of the state in the gatekeeping at national and sub-national level.

The project has threefold objectives: 1. To accelerate the reform of the child care system by facilitating a renewed commitment for the reform

through a consultative process and lessons learned; 2. To build synergies between specialized institutions, NGOs, Governmental reform practitioners and

financial institutions in their contributions to the reform by facilitating systematic exchange of good practices and lessons learned;

3. To facilitate access to the latest knowledge and know-how for reform practitioners and to expand the mechanisms for regional capacity development.

These are to be addressed through activities carried out in several phases:

A. Phase 1 – Sub-regional consultations in order to prepare a Ministerial Conference to take place in 2008, potentially in connection with the CoE and its Council of Ministers. The Conference is to be prepared through three sub-regional consultations (2006-2007; in SEE, CAK, concluded by SC and RUB consultation). Each consultation will review the progress and shortcomings of the reform process in the sub-region and identify opportunities for accelerating the reform.

B. Phase 2 – Follow-up to subregional consultations (through, i.e. debriefings and roundtables, the Ministerial Conference and the dissemination of outcomes (through a publication).

C. Phase 3 – Building synergies and facilitating longer term capacity development of Governments and reform practitioners – promotion of importance of prevention by ensuring that the ‘continuum of services’ is included as an integral part of the reform design and co-operation in supporting M&E activities.

The Assessment that is subject of this ToR is one of the activities to be carried out during the Phase 1 of the project. It will be used to illustrate key elements for progress and current gaps in the reform processes in the target countries, in support for the preparation and work of the first sub-regional consultation, one in the SEE (covering Albania, Serbia, Kosovo, Montenegro, Croatia, FYR Macedonia, Bosnia and Herzegovina, Romania, Bulgaria and Turkey).

2. SCOPE AND FOCUS OF THE ASSESSMENT

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The overall objectives of the Assessment include: • an increase in understanding of the progress and shortcomings of the reform process in SEE, from the

view of different stakeholders on county and regional level, which can serve as a ‘baseline’ for further reform support

• provide policy analysis that can serve as an input for further support for the reform process, among both local and regional/international actors

The specific objectives of the Assessment include: 2.1. identify benchmarks against which to assess and analyse the reform progress 2.2. assess and analyse (individually-per country and jointly – per region) progress of the child care system

reform in the selected countries, in order to determine a baseline for further monitoring of the reform process

2.3. identify opportunities to accelerate the reform of the child care system 2.4. enable local ownership of the assessment process 2.5. enable a review and input for further UNICEF support for the reform 2.6. outline a “model planning (monitoring?) tool” to be used in subsequent sub-regional consultations

(CARK, SC & RUB) Format-wise, the focus is to be primarily on:

- the lessons learnt from the best practices, as identified by the involved stakeholders, - relation of the child care reform with the wider social welfare reform efforts, and - ensuring, as much as possible given the local circumstances and the assessment timeframe, the local

ownership of the assessment process. The assessment is also to feed into the preparation of the Conference. Hence, content-wise, the focus will be on 5 reform issues that are to be explored at the Conference:

1. policy environment for the reform, 2. service planning, 3. provision of a ‘service continuum’, 4. service gatekeeping at different level (national/regional/local), 5. costing, finances and budgeting.

These two focus sets shall be explored through:

- the assessment against the benchmarks for child care policy reform (content-issue) - analysis of progress of the reform (format-issue) - recommendations for next steps (format and content issues).

Each of these processes requires detailed tools that shall be developed in the early phases of the assessment process and presented to the local researchers during their preparatory meeting in Croatia.

3. SOURCES OF INFORMATION Due to a fairly limited time frame (less than four months), the objectives are to be achieved through an assessment in a selection of SEE countries, considering:

- different policy backgrounds (i.e. ex-Yu countries vs. social policy in Albania) - differences in the level of co-operation among different actors in each of the countries and

identified sense of ownership among local actors regarding the reform process (i.e. the type and level of co-operation with the local representatives of the governmental institutions)

- differences in reform experiences to date (i.e. countries that had periods of successful reform impetus vs. countries that solely have ‘paper based reform’)

- the relationship between the individual countries and the EC (accession vs. membership) Based on these issues, the assessment is to be carried out in the following countries:

o Bulgaria (EU member, host for the conference, but with some difficulties in the reform process) o Albania (specific policy development, ambiguous reform impetus)

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o Macedonia (potential for local ownership and a high interest in intersectoral co-operation) o Serbia (potential for local ownership and good reform experiences for the assessment)

The UNICEF Country-led evaluation (CLE) of social protection in BiH is to run in parallel to the assessment. Efforts should be made to co-ordinate the CLE with the assessment, to include the BiH experiences in both the assessment process and report. During the assessment, information is to be provided by the: 3.1. UNICEF CEE/CIS regional office 3.2. UNICEF country offices 3.3. other relevant international actors relevant for the reform efforts (ie. WB, EC, other) 3.4. Representatives of relevant governmental institutions – from local/regional/national level and from

different sectors 3.5. Representatives of relevant non-governmental institutions – from local/regional/national level 3.6. Other locally identified stakeholders that are identified on the country-level as relevant for the

identified assessment objectives. Information collected from the identified stakeholders will be twofold:

1. relevant documentation (prior assessments, reviews, country/regional/local reform reports, research)

2. new input (if not evidenced in documentation and in regards to steering, i.e. for snowballing the gathering of relevant documentation, other relevant contacts, etc.)

4. ASSESSMENT METHODS

The following issues have been taken into account when devising the assessment methodology: - a limited (four month) time frame to carry out the assessment, which indicates a need for a ‘rapid

assessment’ format; - a need to ensure, to the extent possible, the local ownership of the process, which indicates a need

for the participatory methodological framework (in order to allow various stakeholders to steer different parts of the assessment process through consultation);

- a need to build upon earlier assessments, reviews and M&E exercises in the region; - the possibility of research fatigue among the likely involved stakeholders on country level (from

children and youth to adult stakeholders) due to numerous similar exercises (assessments, monitoring exercises, evaluations, reviews) that accompany reform efforts – particularly if these stakeholders don’t see benefits or follow-up based on their involvement and input114.

The proposed methods are to be framed within a participatory, collaborative, research framework115, allowing the relevant stakeholders to take part in all parts of the research process: from decisions on amendments to the assessment questions, over suggestions of the information sources and ways to gather information, sense making (data analysis), discussion as well as recommendations. The practical preparation of researchers will also rely on the elements of appreciative inquiry116 and The Most Significant Change (MSC) technique117, in order to allow the focus on positive elements of the reform and exploration of good practices to date. This will allow for UNICEF to rely on the same process and individuals for further promotion of the results and the subsequent activities to be carried out later on in the project.

114 Goldman, L.R. (2000) Social Impact Analysis: An Applied Anthropology Manual. Oxford: Berg Publishers; Moore, from Atkinson, R. and Flint, J. (2001) 'Accessing Hidden and Hard-to-Reach Populations: Snowball Research Strategies', Social Research Update, Summer, from http://sru.soc.surrey.ac.uk/SRU33.pdf 115 i.e. Trickett, E.J., Ryerson Espino, S.L. (2004) 'Collaboration and Social Inquiry; Multiple Meanings of a Construct and Its Role in Creating Useful and Valid Knowledge', American Journal of Community Psychology (34) 116 See, for example, Cooperrider, D.L. and Whitney, D. (2005) Appreciative Inquiry: A positive Revolution in Change. Berrett-Koehler Publishers 117 Davies, R. and Dart, J. (2005) The ‘Most Signifficant Change’ (MSC) Technique: A guide to its use. From www.mande.co.uk/docs/MSCGuide.pdf

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Within this framework, the following methods shall be applied: - Semi-structured group and/or individual consultations with key stakeholders that took part in the reform

efforts to date Each of the UNICEF Country offices will need to identify such key stakeholders that will steer the entire assessment process. These may include representatives of relevant Ministries, representatives of innovative bodies/projects that support reform efforts (i.e. the SIF in Serbia), representatives of (I)NGOs involved in reform efforts, representatives of local authorities that pioneered particular reform efforts, etc. In each of the countries, it is expected that 5-10 such stakeholders can be identified (including UNICEF Country Office representatives). Also depending on suggestions by the UNICEF Country offices – as well as by key stakeholders themselves – their role is to be exercised either through semi-structured individual or group consultations (depending on their interest in the assessment process, time available for meaningful involvement, etc.). Individual consultations can include meetings, e-mail or telephone exchanges (again, aimed at avoiding ‘participation/research fatigue’). Group consultations will involve occasional meetings of the key stakeholders. Their input will require at least 3 encounters: 1. initiation of the assessment on the country-level (review of the assessment framework,

identification of a researcher, identification of potential documents/practices/individuals to be involved in the data gathering)

2. overview of the desk study of relevant documents and the initial assessment findings; identification of further data gathering

3. discussion of the analysis and agreements regarding country-level recommendations and results.

- A comprehensive desk research of prior relevant documents In each of the countries, both UNICEF as well as other international, supranational and local organisations generated a number of policy documents, assessments, reviews and studies that informed reform efforts to date. This method, albeit a common part of similar assessments, is crucial in order to:

o avoid research fatigue among the participants, o focus any further data gathering on issues that weren’t covered by prior similar exercises.

- A review of tacit and experiential knowledge118 Some, highly relevant, reform knowledge usually resides beyond and apart from documents, that shall be included in the desk research. In order to obtain such knowledge, different techniques may be used to review tacit and experiential knowledge, from versions of highly simple tables to quickly access some basic information (i.e. see tables in Appendix 1, under 1st phase) to the use of reflection techniques such as the after action reviews119.

- Qualitative and participatory individual and group techniques for data gathering Due to the time frame and the legitimate wariness about possible ‘research fatigue’ among the local stakeholders, the assessment shall rely on additional data gathering only once other, above noted methods don’t result in evidenced answers to the assessment questions. Use of individual/group interviews, focus groups or participatory exercises won’t be extensive. Their use (in terms of methods, participants and extent) shall be agreed in consultation with the Head Researcher and, primarily, with the local stakeholders that shall steer the process.

118 Polanyi, L. (1958) Personal Knowledge. London: Routledge and Kegan Paul; Heron (1996) Co-operative inquiry: Research into the Human Condition. London and Thousand Oaks, CA: Sage; Maxwell, J.A. (1996) Qualitative Research Design: An Interactive Approach. London and Thousand Oaks, CA: Sage 119 Halpern, D.F. (2004) 'The development of adult cognition: understanding constancy and change in adult learning', from Day, D.V,, Zaccaro, S.J. and Halpin, S.M (eds) Leader Development for Transforming Organisations: Growing Leaders for Tommorrow. Lawrence Erlbaum Associates

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- Mapping Maps will be used to create visual presentations of governance and the continuum of services in each of the countries. The maps will illustrate the administrative division and services available for children, from local to national level (municipalities, regions and/or national level governance). The rationale for such maps is to better understand:

a. type and number of child care services at different levels (1st map) b. decision making/accountability/reporting lines and the sources of funding (2nd map)

The use of these methods shall be organised around the following phases: I. 1st phase – information gathering within UNICEF and development of assessment tools (march

2007) UNICEF Geneva office and the country offices already have an extensive experiential and practical knowledge about the five reform areas that will provide the focus for the assessment. In order to harvest on such knowledge, a simple framework is devised (see Appendix 1 in order to gather information about such knowledge. It will be used for: - identification of key stakeholders that will steer the assessment process - preparation of the desk research of the relevant documents.

In order to address the selected assessment focus (both in terms of content and format), there is also a need to develop a set of tools in order to allow a unified approach for the assessment. This step is required in order to allow quality assurance and the overall regional analysis, based on the analysis in each of the selected countries. The tools will include: 1. a set of semi-structured ‘benchmarks’ for child care policy reform 2. a semi-structured guide for the collation of evidence on best practices in the region (case studies) 3. a semi structured guide for interviews/focus groups for the analysis of the progress of the reform

and recommendations for next steps.

II. 2nd phase – initiation of the assessment on the country level (march – early april 2007) Although each of the UNICEF country offices is to be involved throughout the assessment process, this phase will be the most labour intensive for the members of these offices. It will involve contacts with the individuals that will help steer the assessment. The first steering effort shall focus on the following issues: - presentation and discussion of the assessment framework, - identification of a researcher (to carry out the assessment) - identification of potential documents and practices that need to be included in the desk study. Based on the proposal of the steering body members, each UNICEF country office will need to employ a local researcher for the assessment. Head Researcher will be in charge of preparing the researchers for the assessment. This will take place through a two-day meeting of the Head Researcher with the Local Researchers, to be held in the UNICEF office in Croatia.

III. 3rd phase - Data collection and analysis on the country level (april, may 2007) This phase is to be carried out by the country-level researchers, supervised by the Head Researcher. The activities include: 3.1. a desk study of relevant documents, collected during phases 1 and 2. 3.2. mapping of governance and the continuum of services 3.3. Co-ordination with the steering body/contacts

3.3.1. To discuss the document review 3.3.2. Identify uncovered assessment questions, per 5 reform issues 3.3.3. Identify other documents/contacts to be included in data gathering for the uncovered

assessment questions. 3.4. Additional data gathering based on 3.2.

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These activities won’t be extensive, but are likely to be required. Approximately 5 days of additional fieldwork may be expected, to draw other relevant information. Such activities may include the methods outlined above (i.e. individual interviews on local/regional/national level, focus group discussions on local/regional/national level, participatory exercises in selected municipalities, for example, to elaborate less evidenced examples of good practice and lessons to be learnt from them). Methods will depend on ‘data gathering saturation’ in the identified locations and a review of the most effective strategies to date. These will be decided by the local researcher in consultation with the Head Researcher.

3.5. Data analysis and a write up of country-level report 3.6. Discussion of the analysis with the steering group/individuals and agreements re. country-level

recommendations based on the results.

IV. 4th phase – regional level analysis (june 2007) Based on the country-level report, a regional analysis is to be carried out and compiled in a report that shall serve as one of the documents for the sub-regional consultation in the SEE. This task is to be carried out by the Head Researcher.

V. 5th phase – a review of the regional analysis after the sub-regional consultation (july 2007) The sub regional consultation is to be carried out in early July 2007. Due to the nature of the consultation (with participation from all the countries in the SEE, resulting in a regional review and proposals for further reform efforts) it is necessary to treat it as one additional ‘data gathering instance’. The information compiled during the consultation will be used to review the regional analysis and make amendments to it, if these are required in light of the consultation agreements and recommendations.

5. DETAILED TASKS OF THE CONSULTANT

The commissioning of a skilled local researcher is essential to the assessment process. Key tasks are to include:

• Co-operation with the identified relevant local stakeholders (that would act in a steering/advisory capacity), the Head Researcher and the UNICEF throughout the Assessment process, through:

o On-going e-mail supervision with the Head Researcher o On-going liaison with the UNICEF local office (to be agreed with the UNICEF local

office) o Approx. 3 meetings with a steering body or individual meetings with the key stakeholders

(in order to guide the entire assessment process)

• A comprehensive desk review of external and internal documents (prior studies, reviews, evaluations, descriptive documents), resulting in a country level overview of child care reform, per 5 reform issues (policy environment; planning; existing and reform-oriented services; gatekeeping; costing, finances and budgeting). Documents to be included in the review are to be collected and compiled in co-operation with other relevant local stakeholders from the statutory and voluntary sector.

• Creation of country files, with documentation upon which each of the country-level reviews is based.

• Creation of maps of governance and continuum of services in their country.

• Further desk research and fieldwork data gathering – for assessment questions not answered

through the desk review (max of 5 days), including o Devising of additional data gathering methods, in co-operation with the local stakeholders

and the Head Researcher,

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• Stakeholder consultations and interviews

• Data analysis (under supervision of the Head Researcher), • A discussion of the draft assessment report with the local stakeholders (leading to the generation of

country-level recommendations for further reform efforts),

• A write up of a draft Country Assessment report (in a format to be agreed with the Head Researcher)

• A write-up of the country level compilation of useful (best) practices in child welfare,

A following graph presents the proposed relation between the local researchers and other relevant stakeholders.

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Graph 1 – relation between roles and responsibilities of the Assessment stakeholders

6. TIMEFRAME FOR THE MAJOR TASKS

Local researchers need to be commissioned for up to 45 days during the period April-June 2007.

Mar 07 April 07 May 07 June 07 Initiation of the assessment – country level

Data coll. And analysis – country level

Additional information and input to the Head Researcher during the preparation of a Regional Assessment

UNICEF RO

UNICEF COs Head Researcher

Local Researchers Steering Group

Blue line – technical input Orange line – managerial/co-ordination input

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7. DELIVERABLES

Deliverables, description Person(s) responsible Deadlines 1. Complete country files, including documentation upon

which each of the country-level reviews is based Local Researchers 15th of May 2007 –

draft 25th of May 2007 – final

2. Graphic presentations (maps) of governance and continuum of services for each of the countries

Local Researchers 15th of May 2007 – draft 25th of May 2007 - final

3. Country level reviews of the reform progress in order to identify shortcomings/obstacles and good practices

Local Researchers 20th of May 2007 – draft 31st of May 2007 - final

4. Country level compilation of useful (best) practices in child welfare, identifying the lessons learnt from reform-supporting practices in the selected countries

Local researchers 20th of May 2007 – draft 31st of May 2007 - final

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Appendix 3: The assessment tool

ASSESSMENT TOOL CEE Assessment, Child protection reform

UNICEF RO Format-wise, the focus is to be primarily on:

- the lessons learnt from the best practices, as identified by the involved stakeholders, - relation of the child care reform with the wider social welfare reform efforts, and - ensuring, as much as possible given the local circumstances and the assessment timeframe, the local

ownership of the assessment process. The assessment is also to feed into the preparation of the Conference. Hence, content-wise, the focus will be on 5 reform issues:

6. policy environment for the reform, 7. service planning, 8. provision of a ‘service continuum’, 9. service gatekeeping at different level (national/regional/local), 10. costing, finances and budgeting.

Main assessment issues: TARGET GROUPS OF THE REFORM EFFORTS The issue of target groups of children and families is a ‘cross-cutting issue’ for the entire assessment. The assessment addresses child protection reform, within the wider sphere of social protection reform. However, the reform efforts may have addressed particular target groups more so than others:

- children without parental care, - children with physical disabilities, - children with learning disabilities, - children exposed to violence and/or neglect, - trafficked children, - children in conflict with the law, - children living in poverty (in some countries, for example, households with three or more children

have been identified as those at particular risk of living in poverty and identified as key target groups for social protection reform)

- Roma children, - Children living in institutions or at risk of separation from their families (i.e. due to a lack of

parental care or due to physical/learning disability), - Children coming of age (reaching 18 years of age, making them ineligible for support within the

child protection system). In other countries in the region (i.e. Croatia, BiH), target groups would also include children of war veterans, displaced children/returnee children, etc. Each of the country may have specific, additional target groups of children and/or their families, depending on specific political, economic and/or social circumstances. Evidence for each of the assessment questions may not be easily found under the umbrella term of children and families using/eligible for child protection services, but in documents which address the needs of solely one or few of the identified target groups of children. Also, specific assessment issues such as, for example, family substitute services, primarily relate to children without parental care or children exposed to violence in their families. It is relevant to explore the evidence regarding the assessment questions (key documents, policies, legislation, examples of good practice) for as many of the noted target groups as possible.

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It is also relevant to note if the reform targets not just children, but also other, adult service users (i.e. that the reorganisation of statutory services, with the introduction of care management procedures addresses the separation in regards to not only children but also adult service users). WHAT IS ‘UNDER REFORM’? For the assessment purposes, it is relevant to identify certain aspects of child/social protection that are affected by the reform. These issues need to be addressed/explored through the assessment questions. Reform may affect only particular issues or all of them. 1.1. During the assessment, a mapping exercise should result in a map that outlines the decision

making/accountability/reporting lines and the sources of funding. In parallel, it is relevant to establish whether parts of such a map were initiated during the reform. Certain consultative, co-operation or decision making processes or processes that facilitate innovation in service organisation and provision may have been put in place to facilitate the restructuring of the system at national, regional, local and/or facility/service level. Such structures may be temporary (to serve the purposes of assessment) or reflect permanent changes in the service system. Is there a body that was given a mandate to lead the reform? Is there a body that was given a mandate to lead the reform and service planning? If yes, which body and why? If yes, how are these organised within the governance system (local, regional or national level)? Which methodologies are deployed for service planning (who takes part, in what way and to what end/aim)?

1.2. Child/social protection services on the local level may undergo reorganisation to support the reform. Their role needs to be transformed from being both service purchasers and providers, to becoming mainly or exclusively service purchasers. These are usually introduced through care management on organisational and individual level. Service purchasing may be re-orgainsed, introducing needs- rather than service-led assessments of needs,care planning, a review of a care plan, closure of care when and if it is required, etc. Such changes serve also as gatekeeping for services on the local level and for service planning based on individual needs on local level. Is case management organised as outreach work or is it carried out solely within social welfare services? Are there any other innovations in how case management is implemented? How is the total demand for services in a geographical area (local, regional) established? How is individual demand for services established (individual case management)? How is care management organised in tersm of institutional set up (role description, case loads, etc.)?

1.3. Decentralisation of services may be introduced, particularly in regards to, for example, budgeting of services, in order to ensure the principle that ‘money follows the client’. It also serves as a rationale for ‘decision making to follow the client’ - for the service planning to be (re)introduced as much as possible on the municipal level. Are the statutory services at local level entirely/partly in the domain of local self governance or are these services deconcentrated organs of national/regional government bodies? Are any of these services functioning as part of regional government structures and since when (ie. Regional services for children with learning disabilities)? Which statutory services for children and families are provided on the local authority level? Is there evidence of planning activities with other sectors (cross-sectoral co-operation)?

1.4. Reorganisation of services also affects employees, and, hence, personnel issues are relevant and need to be explored. Do situational analyses, key reform documents or regulatory documents address the personnel issues? If yes, how and what personnel issues are addressed?

1.5. Reform efforts also usually require for new forms of gatekeeping at national level to be established. These may be organised through the initiation/reorganisation of the inspection processes, licensing of service providers, establishment of guidelines for new accountabilities within the system, establishment of an appeal system. What evidence there is that such practices exist or are initiated?

1.6. Within the reorganisation of statutory services, cash assistance for children and/or families may be reorganised. The provision of cash assistance may be separated from other forms of social protection (different parts of care management on individual level). Any such changes need to be described, based on relevant evidence.

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1.7. Among service providers (statutory, non-governmental or private), different forms of community-based services may be introduced. These should be guided by the principle that child should be, as much as possible, cared for within the family or within a family-type environment. Such services may include: - Secondary prevention services - family support services (i.e. for children at risk of being separated from their families due to

poverty, children with disabilities whose families have difficulty coping) - family substitute services (for children without parental care) A detailed map of services needs to be created during the assessment. In parallel, there is a need to provide evidence on which community based services were introduced during the reform, by whom and why (for which needs)?

1.8. Due to a need to support family-type environment for child protection services, there is an impetus for the introduction of deinstitutionalisation of services for different children at risk (i.e. children at conflict with law, children without parental care, children with disabilities). This may lead to the initiation of the reform, or be part of key reform documents or regulatory documents. The way a particular institution is transformed/closed down may serve as an example of good practice in child protection reform. Reform may be evidenced in the plans for stopping new entries into such institutions or accelerating exit from residential care. It is also a particularly sensitive issue among personnel managing or working in institutions for children; institutions may be criticised by some reform stakeholders (i.e. non-governmental agencies that initiate/partake in the reform) and personnel in institutions may see such criticism and the overall deinstitutionalisation efforts as criticism of all their work to date and/or a threat to their jobs in future.

Additional reform issue The CRC emphasises the relevance of child participation. Different aspects of representation and/or participation of children may be evident in different aspects of the reform process. For example, the forms used for individual care management may include sections which allow for child’s opinions to be included in their needs assessment and/or care plan. Separate services providing children information in appropriate formats or offering them independent representation may be developed/initiated. Any such examples should also be noted and evidenced as an additional ‘cross-cutting issue’. Assessment questions: 1. WHO INITIATED THE OVERALL REFORM OR A PARTICULAR ASPECT OF THE REFORM? Reform of child protection or social protection may be initiated by the government (i.e. as part of the EU accession preparation) or by non-governmental or supra-governmental actors (such as the NGOs advocating the needs and rights of a particular group of children or the overall children at risk). It is relevant to note who is the main driver of the reform process, and who is ‘on board’ during the reform initiation and the remaining reform process. Evidence for the reform initiation can be found in documents such as situation analysis. These may refer to particular target groups of children, the overall child protection or the entire social protection. Sub-questions include: 1.1. Which documents supported the initiation of the reform (i.e. the situation analysis, key

research)? 1.2. Who commissioned these documents and why? 1.3. What information do these documents include and for which topic? 1.4. What were the following steps/practices/documents after the reform was initiated (i.e.

information guided the development of the key reform documents or the changes in

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legislation)? Do they make references to the documents that supported the initiation of the reform? If yes, how?

2. WHAT ARE THE KEY REFORM DOCUMENTS? Many countries in the region treat the Poverty Reduction Strategy (PRSP) as a key reform document. There may be a mid-term Action Plan for Children in existence, too. Such documents usually outline quantitative key targets for the reform (in the action plan contained within such documents). Sub-questions on this issue include:

- Which key reform documents exist? - Who developed these documents? - What do these documents state regarding child protection (again, noting particular target

groups of children)? - What are the child protection sections of these documents based on (i.e. key research,

situational analyses, other)? - If there are more than one key document – do these overlap and, if yes, in what respect? - Who is responsible for the implementation of these documents? - Who is responsible for monitoring of these documents? Was monitoring already

conducted? If yes, what do these monitoring documents state regarding child protection? - What kind of M&E indicators are stated in the key reform documents and/or utilised for

monitoring? - What is their level of implementation (to be established through the analysis of their action

plans)? - What are the achievements of these documents? - What were the obstacles in the implementation of these documents?

3. WHAT LEGISLATION, STANDARDS, INTER-SECTORAL ARRANGEMENTS OR OTHER DOCUMENTS

REGULATES THE IMPLEMENTATION OF THE REFORM? Key reform documents usually point to the relevant changes in the ‘regulatory documents’ such as key legislation, standards for particular aspects of social/child protection, inter-sectoral arrangements, etc. It is relevant to analyse:

- Which regulatory documents were changed/introduced, based on the key reform documents?

- Which changes were introduced this way and why? - On which level were these introduced (national/regional/local)? - Who are the key stakeholders for these regulatory documents? - Is there evidence available on the implementation of these documents (‘paper-based

reform’ or ‘practice-based reform’)? 4. WHICH CHANGES WERE INTRODUCED REGARDING THE COSTING OF SERVICES, FINANCES AND

BUDGETS FOR SERVICES? Reform efforts usually require for additional funding to be provided, for services to be costed in a different way (or even for the unit cost of particular services to be established) and for budgets to be reorganised (i.e. jointly merged from social, health care and/or education). Hence, evidence needs to be collected that indicates the changes in the:

- costing of services - funding of services - budgets for services.

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Evidence should also reflect who initiated the reorganisation of these issues and which body is eligible for the changes in the costing, funding or budgeting. A questionnaire is available in the appendix. It outlines the information that should guide the information gathering for this question. In regards to the questionnaire, it is important to note:

o each country may not have all the data (which is also an important peace of information); o for each question - but particularly so for the question for which you will be unable to

provide answers - please note how you tried to obtain the information; o you should add comments explaining the data presented - for some questions you may only

have partial info (for example the service is provided at local level and you cannot track it on the national level, or the service does not exist).

5. WHAT ARE THE EXAMPLES OF GOOD PRACTICE INITIATED DURING THE REFORM? It is relevant for the countries in the CEE to be able to learn from each other, based on the examples of good practice. These can relate to any or all of the noted reform issues. Examples of good practice need to be written up in a separate document. Each example should be summarised on 1-3 pages, including the following information: 1. Name of the identified good practice 2. Contact persons 3. Brief description of the good practice, including:

a. Who initiated it (statutory authority, NGOs, private)? b. When was it initiated? c. Why was it initiated? d. Where was it initiated (i.e. only some municipalities/regions or nation-wide)? e. How is it organised? f. Aims of the programme? g. Objectives of the programme? h. Places where it is implemented (localities, regions, nation-wide)? i. Inputs into the programme development? j. Outputs/expected results of the programme?

4. Budgets 5. Advantages 6. Restraints and shortcomings

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Matrix of the assessment tool Key reform issues

What is under reform

Who initiated the reform?

What are the key reform strategy documents?

Legislation, standards, inter-sectoral arrangements

Costing, finances and budgets

Good practices

Service planning and decision making regarding the reform

Reorganisation of statutory services (service purchasers – care management; gatekeeping on local level)

Decentralisation Personnel issues Gatekeeping at national level (inspection, licensing, accountabilities, appeal systems)

Cash assistance Community based services (reorganisation of statutory services, service providers; ncluding: - prevention - family support

services - family substitute

services)

Deinstitutionalisation Cross cutting issues: - target groups of children - child representation and participation

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STRUCTURE OF DATA GATHERING, CEE ASSESSMENT

1st meeting of the steering group - review the assessment tool - collect information re. documents and other sources of information that evidence different assessment

issues/questions and how/from whom to obtain evidence for them - identify potential examples of good practice - schedule individual meetings with key members of the steering group (those that have information on

good practices, but - after sufficient time for documents review) - schedule the following meeting (after sufficient time for documents review) and individual meetings

Review documents re. benchmarks Individual meetings

with key members of the steering group – good practice and significant changes in the reform

Review documents re. good practice

2nd meeting of the steering group - Brief presentations of the draft answers for the assessment & draft reviews re. good

practice - Discuss the draft documents, identifying where information is missing and could be

collated (including information where and from whom this information can be collected)

Send out to steering group members: - draft answers re. the assessment tool - draft reviews re. good practice (with intro, comprised of the analysis of

individual interviews)

Options, depending on whether there is information missing or not

- Review further documents (re. data missing) - Collect other data from individual sources - Send out new drafts to steering group

3rd meeting of the steering group Present the new drafts Facilitate discussion on the final assessment issues (see guide)

2nd meeting of the steering group (cont’d)

Facilitate the discussion on the final assessment issues (see guide)

Develop maps re: - governance - service continuum

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Interview guide – individual interviews with key members of the steering group (re. good practices): 1. What are the most significant achievements of the child care reform to date?

a. What makes them the most significant? b. What evidence there is for these changes?

2. What are the good examples of the child care reform? a. What makes them good examples? b. Which actors (from which level and from which sectors) were involved in the

initiation and development of these examples? c. Why was it initiated and when? d. Where is it implemented? e. Check if they also know aims, objectives, inputs, outputs/expected results and

budgets for these practices (information relevant for the template for description of good practices)

f. Which obstacles these practices faced (particularly re. 5 key issues)? g. How did they overcome them? h. Do you have any other additional information on these practices (i..e. documents,

other relevant contacts)? Issues for discussion for the last meeting of the Steering group 3. Based on the good practices to date and the overall assessment against benchmarks - what is

the potential that will help aid further reform efforts? 4. What should be the next issues that should support the reform process at the country level?

a. Why are these issues relevant for the reform? b. How should these issues be addressed? c. By whom? d. For whom?

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APPENDIX: QUESTIONNAIRE FOR THE ASSESSMENT QUESTION 4: 1. Which child social protection services exist and which level are they financed

from? For each service indicate the level from which it is financed: N (national level), R (regional level), M (municipal level), D (donor funded). For services that are financed from multiple sources, indicate all the sources

Type of service Level Statutory services Family substitute services

Residential institutions

Foster care Short term protected shelter

Kinship care Other (specify) Family care services

Day care Home based care Psycho-social support

Legal aid Other services (specify)

2. What is the cost per child in an average institution, a typical daycare center for

children with disability and remuneration for foster families? Type of service The number of children Cost per child (€) Residential home for children without parental care

Residential home for children with disability

Daycare center for children with disability

Foster care Note: if some of the mentioned services do not exist, provide data for some other corresponding service from the same group (family substitute or family care).

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3. How are costs of services calculated (mark with an X) A. Running costs + staff B. Per beneficiary (child) C. Other (specify)

Type of service A B C Residential home for children without parental care



Foster care 4. Do beneficiaries participate in service costs (cost sharing) and for which services?

Type of service Yes No Statutory services Family substitute services




Day care Home based care Psycho-social support

Legal aid Other services (specify)

5. Is there some specific mechanism for financing alternative child protection

services. If yes, describe in a few sentences how this works and indicate the total amount of funds spent in 2006.

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________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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Appendix 4: List of Steering Committee members

Name and Surname

Function

Organisation

Ilda Poda Specialist MoLSAEO General Directory of social Policies

Gezim Tushi

Director

State Social Services Inspectorate of Social Services

Etleva Vertopi

Director SSDP- PCU

Elda Kalaja

Legal Expert Ombudsman Child protection

Keti Treska

General Director Municipality of Tirana

Arda Lazareni Specialist MoLSAEO Technical Secretariat for Children

Edlira Haxhiymeri Chief of Department Faculty of Social Sciences Social Work Department

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Appendix 5: List of interviewees

Name and Surname

Function

Organisation Nexhmedin Dumani Director MoLSAEO

General Directory of social Policies

Ilda Poda Specialist MoLSAEO General Directory of social Policies

Anila Selmani Specialist MoLSAEO General Directory of social Policies

Gezim Tushi

Director

State Social Services

Denada Dibra Chief of section State Social Services Inspectorate of Social Services

Ermelinda Ethemi Inspector State Social Services Inspectorate of Social Services

Etleva Vertopi

Director SSDP- PCU

Elda Kalaja

Legal Expert Ombudsman Child protection

Keti Treska

General Director Municipality of Tirana

Gerta Manastirliu Director Municipality of Tirana – Social Services Department

Arda Lazareni Specialist MoLSAEO Technical Secretariat for Children

Edlira Haxhiymeri Chief of Department Faculty of Social Sciences Social Work Department

Vali Bizhga Deputy mayor Tirana Municipality Ex chief of SSDP project

Galit Wolfensohn

Child protection officer

UNICEF – Tirana

Arlinda Ymeraj

Evaluation and monitoring officer

UNICEF - Tirana

Suzana Sakiqi

Director Every Child Tirana

Daklea Shtylla

Child protection expert Municipality of Tirana

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Vilma Kolpeja

Researcher NACSS

Naim Hushi Director Ministry of Interior Anti trafficking unite

Lantona Sado Coordinator INSTAT Social Research Centre

Aleksander Koci Inspector Regional Office Durres Jonuz Kola Director Victim Mine Assistance Kukes

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Appendix 6: System map

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Appendix 7: Good practice portfolio UNICEF COUNTRY OFFICE: Albania RESPONDANT: Etleva Vertopi E-MAIL ADDRESS: [email protected] TEL: +355 4 Good practice 1 Title/description of the good practice: Preparation of Regional Community Care

Plans in 12 Regions and Setting up the Community Care Plan Committee

Agency/Service/NGO responsible: World Bank- British Council Contact person: Etleva Vertopi Title/Function: Project Manager

Project Coordination Unit for Social Services Delivery Project of the Ministry of Labour and Social Affairs

E-mail address: [email protected] Implementation level National

x Regional (county) Local (city, municipality, district)

Type of reform effort Consultative process x Planning and financing

Re-organization/creation of services Area of application Cash benefits

Statutory services Family substitute services Family and child support services Gate-keeping Outreach

x Targeting and forecasting Costing and financial flows Other: Planning, monitoring and

evaluation of social services Internet link where further information can be found:……………………. Attached document: …………………………………………………

Who initiated this practice? World Bank through an International Consultant from the British Council When was it initiated? 4 pilot regions in 2004 8 regions in 2005 (DCM, 12th of August 2005) Why was it initiated? Based on the first Social Protection Sector Strategy (2002-2005), the MoLSAEO

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initiated the process for the Preparation of the Regional Community Care Plans and for the capacity building in the Regions. Based on Decision of council of Ministers no 563, date 12.08.2005, the Community Care Plans Group (CCPG) was set up in each region, with the leadership from the Regional Council Office How is it organized? Four local consultancy companies were selected to provide technical assistance to the Local Authorities. Under the guidance of the British Council, these companies facilitated a participatory process in the pilot regions, through which Community Care Plans (CCPs) were prepared, which included the following activities: 1. helping the Regional State Social Services (SSS) in establishing the CCPG, while

ensuring participation from all important regional stakeholders. Local media were used to announce the start of this process;

2. development of a work plan, with inputs from the Regional SSS and the British Council for each set of assigned regions;

3. discussion and sharing of information with other regional stakeholders, interested to join this process;

4. organisation/facilitation of meetings and workshops during the CCP preparation; 5. Preparation of the monthly brief reports, highlighting the obstacles and the progress

made in the reporting period; Preparation of the draft CCP reports for the assigned region, with inputs from the CCPGs, Regional SSS and the local government. The reports were submitted to the Project Co-ordination Unit (PCU) and British Council for finalisation;

6. Support to the regional SSS to raise public awareness about the CCP process (through the local media).

Community Care Plan as a reflection of community needs is a very useful instrument in defining the priority services as a first important step in designing policies for regional social services and community development. What are the aims of this programme? The aim of the program was to improve the capacity for planning, managing and delivering social care services with increased involvement of local government, communities and civil society. The goal of the Community Care Plan is the identification of the social services needed in a community that would contribute at improving the quality and increasing the efficiency of social services. It also aims at

• increasing to the highest possible level the independence and self reliance of vulnerable people in developing their potential and unused skills in order to gain control over their own everyday life and social status.

• developing productive and positive way of acting and thinking and make them aware of different possible solutions that exist and how they can select and access the right service needed for them.

What are the objectives of this programme? o Setting up Committees for Community Care Plan in all regions.

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o Training of Regional Community Care Plan Committee members. o Identification of vulnerable groups their needs for care services; identification of

possibilities/potentials for developing care services in all regions of Albania. What were the inputs and outputs/expected results? 1. Output 1: Submit the finalized Regional Community Care Plan with reflected inputs

from a participatory process. 2. Output 2: Organize, and facilitate a participatory process. 3. Output 3: Build up a Regional Committee able to compile a CCP What is the budget for this programme? 720.000 $ What are the main advantages? The CCP ensured the implementation of the following principles: o client comes first – the needs and requirements of the clients are the priorities of the

service; o public interest - the community care plan is an community issue o equal rights – anyone has to have equal access to available social services. o inclusion of users and providers in development and delivery of the services. o access to decision making of the users and providers of social services. o participation of users and providers of services in defining the quality standards of

the services. The Community Care Plans and the Planning Committees have four years experience, and are now operational in all 12 regions. To date, in 8 of these, 50 NGO projects related to the establishment of new social services have been accepted. On this basis, procedures have been put in place regarding the establishment of 20 Centres for Social Services. What are the challenges? o Development of a (systematic) method of community planning (manuals, guidance) o Establishment of a realistic “Plan” in terms of time frame, funding, material and

human resources o Development of mechanisms for funding of social services o Increase of the regional capacities in regards to the functioning of the CCPGs Good practice 2 Title/description of the good practice: Decentralizing child rights capacity in Albania

Agency/Service/NGO responsible: MoLSAEO Contact person: Rajna Kovaci Title/Function: Director of Equal Opportunities Department E-mail address: Implementation level x National

x Regional (county) Local (city, municipality, district)

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Name:…………………………………………….Type of reform effort Consultative process

X Planning and financing Re-organization/creation of services

Area of application Cash benefits Statutory services Family substitute services Family and child support services Gate-keeping Outreach Targeting and forecasting Costing and financial flows

x Other: Co-ordination and monitoring the implementation of the NPA

Internet link where further information can be found:……………………. Attached document:

………………………………………………………………………… Who initiated this practice? UNICEF When was it initiated? Year 2004 Why was it initiated? To provide support to the government of Albania in implementing a decentralized process to develop the National Plan of Action for Children and establishing the children’s unit that would be responsible for coordination and monitoring of the implementation of the NPA. How is it organized? A Child’s Rights Unit is established in the Ministry of Labour, Social Affairs and Equal Opportunities (Technical Secreatariat of Children) under the supervision of the Departmnet of Equal Opportunities. The children’s unit is a permanent government structure within the public administration. Its tasks are:

o monitor implementation of national and local policies that protect children’s rights

o coordinate inter sectoral and inter ministerial activities on policies affecting children’s issues

o Report to the inter-ministerial committee of child’s rights on realization of children’s rights.

The Child Rights Unit was established also at the Regional level, within the administration of the Regional Coumcil. One to three specialists per region (depending on the size and resources of the region) are trained to monitor the implementation of the National Strategy of Children and the National Plan of Action as well as the realization of child’s rights at regional level. What are the aims of this programme? To strengthen institutional capacities at national and regional level to monitor realization and violation of children's rights in the framework of the national plan of action for children.

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What are the objectives of this programme?

o To strengthen the legal reform, as well as efforts to implement it o To ensure the inter-institutional coordination at central, regional and local level to

implement child’s rights policies o Promoting the local governmnet participation in child’s rights policy making and

implementation o Establishment of a comprehensive data collection system, based on the child’s

social welfare indicators, especially on those which describe the situation of children at risk

o Advocating for child’s rights to incraese the awareness and participation of society and citizens on decision making process

What were the inputs and outputs/expected results? Inputs: Provision of technical assistance, equipment, training inside and outside the country. Outputs: Central office and 4 regional offices established, 45 experts of national and regional level trained. Expected results: o Mechanisms/ tools to coordinate, monitor and revise child rights-based policies are in

place. o Government/ Public Administration at national, regional and local level have

knowledge and skills to monitor and report on the realisation of children’s rights. What is the budget for this programme? 2004-2005: $ 100,000 2005 – 2006: $ 180,000 2006-2007: $ 145,000 What are the main advantages? o A chance for the well targeted interventions at national and regional level due to the

coordination and harmonization of child’s rights policies. o Provision of effective social services for children in need and at high risk. What are the restraints and shortcomings? o Changes in the public administration due to political changes o Financial decentralization Good practice 3 Title/description of the good practice: Establishment of Children’s Rights Protection

Unit in local level (In the present, Children and Family Unit)

Agency/Service/NGO responsible: Municipality of Tirana Contact person: Title/Function: E-mail address: Implementation level National

Regional (county)

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x Local (city, municipality, district) Name: Municipality of Tirana.

Type of reform effort Consultative process Planning and financing

x Re-organization/creation of services Area of application Cash benefits

X Statutory services Family substitute services Family and child support services Gate-keeping Outreach Targeting and forecasting Costing and financial flows

Other:……………………………………………. Internet link where further information can be found: www.tirana.gov.al Attached document: (Job descriptions, Implemented projects, Map of services for

children). Who initiated this practice? The Municipality of Tirana (including both organization and funding) When was it initiated? Children’s Rights Protection Unit (CRPU) - November of 2002 (with the decision of the Tirana Municipality Council) Changed into the Children and Family Unit (CFU) in January 2007. Why was it initiated? Municipality of Tirana did a very detailed need assessment in 2000, where the needs for social services were evaluated. From the results of this assessment, children were considered as a marginalized category, which needed great attention and interventions for improving their conditions. How is it organized? At the beginning the CRPU had 4 employees, 1 Head of Unit and three specialists, who were psychologists and social workers. After three years of the existence of this Unit, the name and some objectives of the Unit were changed into Children and Family Unit, which led to the change of structure also (1 Head of Unit and 4 specialists) What are the aims of this program? The aim of this Unit’s work is to ensure proper protection for children within the family framework. What are the objectives of this program? o Creating new services for children and families; o Service referrals for children at risk (street children, children living in difficult

conditions, etc.); o Setting up of children at risk data bases; o Improving quality of services already offered and augmentation of new community

day centers for children at risk;

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o Transformation of existing residential institutions into community care centers. What were the inputs and outputs/expected results? Inputs:

o Budget planned for the professionals, who work in this Unit o Child Protection Training Programmes o Foster Care Training Programmes

Outputs: o A referral system for children at risk; o Project implemented for street children, children who work, children in the

nurseries, etc; o Different publications that show the children’s rights and needs, including a

Tirana child protection services map; o A detailed database for street children.

What are the main advantages?

o The Municipality of Tirana has a very good organization chart, which helps a lot in solving different problems, and offering support for implementing social projects.

o A very good image of the institution. o A good collaboration with the sub – municipalities in Tirana.

What are the restraints and shortcomings?

o The legal framework including the delays in the decentralization process, o Lack of specific acts that would help in responding better to the needs of children

in order to ensure better protection. o Lack of a personal space of work due to the limited space that is offered for the

Unit o Lack of appropriate logistic (computers, etc).

Good practice 4 Title/description of the good practice:

Establishment of Child Protection Office and its strengthening

Agency/Service/NGO responsible:

Kukesi Municipality

Contact person: Municipal Social Services, Kukes Title/Function: Head of section E-mail address: Implementation level National

Regional (county) x Local (city, municipality, district) Name:…………Kukes………………………………….

Type of reform effort Consultative process Planning and financing

x Re-organization/creation of services

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Area of application Cash benefits x Statutory services

Family substitute services x Family and child support services

Gate-keeping Outreach

Targeting and forecasting Costing and financial flows x Other : capacity building + staffing

Internet link where further information can be found:……………………. x Attached document “Evaluation of the Social protection Unite in the Municipality” Who initiated this practice? UNICEF When was it initiated? Year 2005 Why was it initiated? - To address lack of child protection mechanisms at the local level, and to promote

sustainable coordinated response by working through local government structures. What are the aims of this programme? - To increase protection for vulnerable children and families through the establishment

of a Child Protection Unit within Kukes Municipality, responsible for co-ordinating child protection response at the local level.

What are the objectives of this programme?

o To increase protection for vulnerable children and families through the establishment of a Child Protection Unit within Kukes Municipality,

o To provide support to the local government in implementing a decentralized social protection scheme for Children.

o To ensure the inter-institutional/inter-sectoral service coordination for child protection at the local level

How is it organized? The Child Protection Office (CPO) Kukes is established in the framework of the project “Empowerment of community responses to child trafficking; increasing protection of children at risk to trafficking, exploitation and abuse in North-eastern Albania” that is implemented by the local NGO VMA-Kukes (Victims of Mines and Weapons Association). This project has been supported by UNICEF as a three-year pilot project (January 2005 –December 2007) The CPO was established based on a Memorandum of Understanding that was signed between the VMA and the Municipality of Kukes. Based on this agreement, the CPO is jointly managed by the VMA and the Municipality. Each of these institutions provides one CPO employee. The Municipality provides the office space within the Municipality building. VMA, through the project, renovated the office and provided the necessary equipment. The MoU, however, does not specify the place of CPO in the organizational structure of the Municipality. Other activities within the project included:

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- mapping of the key stakeholders and child protection services in Kukes; - establishment of a data base on child protection; - increased capacity of the school teachers through training on child protection. Two Child Protection Officers work in the office seconded one by VMA and one by the Municipality. The office has established close relationships with the Section of Economic Assistance (SEA). Though not specifically mentioned in the MoU, CPO is considered to be part of the SEA (for example, initially the CPO staff sponsored by the Municipality also worked at SEA with people with disabilities). However, working relationships between social administrators of SEA and CPO staff have not been institutionalized. After the establishment of CPO, job descriptions of social administrators are not revised to reflect their involvement in children issues. Therefore, their work in child protection has not been institutionalized. Initially, CPO and SEA conducted joint home visits and other activities. Later, this practice was gradually discontinued. The main reason was the high turnover in both SEA and CPO. SEA seems to be the most appropriate place where CPO can be positioned in the framework of the organizational structure of the Municipality. Social administrators are responsible for the assessment of the economic situation of the families that could potentially benefit from the economic assistance scheme. In this context, they can assess the situation of children, too. In this context, CPO staff can exchange information with social administrators and coordinate with them different activities relating to child protection such as detection, assessment, and management of cases. In addition to SC, a Case Management Team (CMT) was established the second year. CMT was established based on the assessment and lessons learned from the experience of the first year. After the first year of CPO operation, a situation analysis was conducted focusing on needs, roles and responsibilities, and challenges in Kukes relating to child protection. The analysis emphasized the need for a structure that would meet often and discuss cases from the technical point of view prior to sending them to SC for discussion and referral. Increasing the capacity of CPO staff and other local structures dealing with children issues was considered essential for the achievement of project objectives. CPO staff and social administrators from SEA have participated in training courses on child protection techniques and advocacy and lobbying conducted by the Multidisciplinary Center for Management of Child Maltreatment (MCMCM). What were the inputs and outputs/expected results? Inputs :

o Training of the staff o Technical support to establish a data base o Refurbishing of municipal space, office & computer equipment o Mentorship of municipal staff in case management, office management, child and

family protection issues o NGO management support

Outputs

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o Effective and sustainable protection structures and mechanisms are in place to address the holistic needs of children at risk;

o Child Protection Office (CPO) and Section of Economic Assistance (SEA) are established;

o Staff are prepared and trained for child protection work; o Identification of the key stakeholders and child protection services in Kukes; o Establishment of a Steering Committee (SC); o Detection of children at risk by the local authorities, subsequent provision of

relevant support and/or referral services. Regular mechanisms are also in place to refer and follow up on them;

o A data base on child protection established; o Individual assessment and development of individual intervention plans and

referral of cases; o Psycho-social counselling of children at risk and their families; o Dissemination of information about child protection and promotion of relevant

life-skills/positive parenting skills. What are the main advantages? Activities realized during the project life have contributed to a decrease in the vulnerability of children at risk of trafficking and abuse in North-eastern Albania by providing a local structure that has a holistic approach to deal with children (including detection, assessment, psychological support, referral, and solution). Such a structure did not exist before. CPO staff can exchange information with social administrators and coordinate with them different activities relating to child protection such as detection, assessment, and management of cases. The project constitutes a breakthrough relating to how people think about child protection (Local authorities now have both increased knowledge of child protection issues, but also think differently about them). What are the restraints and shortcomings? o Initially, there was resistance from the Municipality representatives relating to

establishment of CPO. Their resistance was especially related to the fact that child protection was not considered as their priority and they lacked experience in child protection issues.

o Working relationships between social administrators of the SEA and CPO staff have not been institutionalized.

o Job descriptions of social administrators are not revised to reflect their involvement in child protection.

Good practice 5 Title/description of the good practice: Foster care in Albania

Agency/Service/NGO responsible: Every child Albania Contact person: Suzana Sakiqi Title/Function: Executive Director Every child Albania E-mail address: [email protected] Implementation level National

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Regional (county) x Local (city, municipality, district) Name: Shkodra, Tirana.

Type of reform effort X Consultative process Planning and financing

X Re-organization/creation of services Area of application Cash benefits

Statutory services X Family substitute services XFamily and child support services X Gate-keeping

Outreach X Targeting and forecasting

Costing and financial flows

Other:……………………………………………. Internet link where further information can be found: www.everychild.org Attached document: (Job descriptions, Implemented projects, Map of services for

children). Who initiated this practice? The practice of foster care is initiated by the NGO “Every Child London” and Government of Albania (MoLSAEO) When was it initiated? Foster care in Albania was initiated in 1998 Why was it initiated? The NGO “Every Child”, in partnership with central and local government, worked together to set up the foster care services for families and children in need. Through the Foster Care services, “Every child” and GoA intended to help children move out of residential institutions. At the beginning, the pilot project started with preventive activities, focused on families with more than 5 children lived in extreme poverty. Later on, the following activities were undertaken:

• Extension of preventative services, ensuring good and universal support, in the form of information and advice to parents. Support was provided in places and ways in which parents and carers feel comfortable;

• Specialised support to the local government – training for parents, couple support, home visits, training on legislation (the Family Code);

• Public awareness campaign on foster care as the best alternative to institutionalization.

How is it organized? The foster care service is implemented through several steps:

- recruitment of foster carers - assessment, - matching and placement of the child in a foster family; - monitoring of the placement and consolidation of foster carers’ skills and

competences to provide a qualitative services in accordance with foster care

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service’s objectives. In Tirana, it is under responsibility of Every Child Albania, supported by Municipality of Tirana and Social Services Delivery Project financed by World Bank In Shkodra there is a collaboration between “every child- Albania” and “Institution of children wellbeing” Selection of foster families is made through important phases that ensure the success of the selection of potential foster families. These are: Phase 1- Advertising campaign. Phase 2- Identifying foster families

Step 1. Intake of applications Step 2. Information session Step 3. The initial interview with the applicant Step 4. Home visits Step 5. Assessment of the applicants Step 6. Training of the applicants Step 7. Approval of applicants to the position of foster carers by Foster Care Board.

Phase 3- Assessment, matching and placement of the child in the foster’s families Step 1. Identification of children to be assessed and placed in foster families Step 2. Collecting information on the Child and his/her biological family Step 3. Assessment report on the Child and his/her biological family Step 4. Appraisal of the case to Local Foster Care Board Step 5. Legal Decision on Foster Care Step 6. Preparing the placement of the child in the foster family Step 7. The Full Time Placement of the Child and Placement Agreement Step 8. Individual Child Care Planning

What are the aims of this program?

- Initiation of temporary foster care; - Reintegration of the child in the biological or extended family; - Alternatively (if other possibilities have been explored), adoption of the child.

What are the objectives of this program? a) To ensure continuity of care and education to the child in a substitute family

environment; b) To provide care and development for the child in difficulty in accordance with his /

her age, individual needs and minimum quality standards; c) To facilitate the socialization and (re)integration of the child in the biological,

extended or adoptive family, or in the community; d) To monitor the child’s situation in the period before and after (re)integration What were the inputs and outputs/expected results? Inputs:

- Financial support for families in risk - Trainings for parents - Counselling for couples and parents - Training for local government staff - Consultation with experts of legal issues

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Outputs:

- Economic support for families of origin living in extreme poverty - Re-building of child-parent relationships - The use of foster care as an intermediate form towards adoption - Prevention of children’s institutionalization

What is the budget for this program? The yearly budget is 130.000 $ (average) What are the main advantages?

- Foster care is based on the principle of the best interest of the child - It is a cost effective program

What are the restraints and shortcomings?

- Because of the lack of legal framework (regulations,) it is still a limited service. - Lack of local capacities to expand the foster care services throughout Albania. - The services are concentrated in big cities.

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Appendix 8: Questionnaire for Work Group 6

1. Which child social protection services exist and which level are they financed from?

For each service indicate the level from which it is financed: N (national level), R (regional level), M (municipal level), D (donor funded). For services that are financed from multiple sources, indicate all the sources

Type of service Level Statutory services N, M Family substitute services


N, M, D

Foster care N, D Short term protected shelter

N

Kinship care - Other (specify) Family care services

Day care M Home based care M Psycho-social support

M

Legal aid N&M Other services (specify)

2. What is the cost per child in an average institution, a typical daycare center for

children with disability and remuneration for foster families? Type of service The number of children Cost per child (€) Residential home for children without parental care

355 320120


94 300


74 220

Foster care Day care center for victims of violence

9 250

120 Albania- “Assessment of the child care services and the institutions for children without parental care”

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Note: if some of the mentioned services do not exist, provide data for some other corresponding service from the same group (family substitute or family care).

3. How are costs of services calculated (mark with an X) D. Running costs + staff E. Per beneficiary (child) F. Other (specify)

Type of service A B C Residential home for children without parental care

X121


X


X

Foster care

4. Do beneficiaries participate in service costs (cost sharing) and for which services?

Type of service Yes No Statutory services Family substitute services


X


X


Day care X Home based care X Psycho-social support

121 The cost per child includes salaries for staff and social securities, as well as expenses designed for foo, clothing and social care except investments

106

Legal aid X Other services (specify)

5. Is there some specific mechanism for financing alternative child protection services. If yes, describe in a few sentences how this works and indicate the total amount of funds spent in 2006.

There is no specific mechanism. Number of children with disabilities receive disability entitlement is 43,000. The total amount of fund spent in 2006 is 2,880,000 E