legal solutions on alternative care in poland and how to advocate for better ones beata kulig...
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Legal solutions on alternative care in Poland andhow to advocate for better ones
Beata KuligBelgrade, 17th of Dec., 2013
Legal solutions on alternative care in Poland and how to advocate for better ones
Content: a. Framework: - Statistics of children in alternative care vs. the
general population;- Structure of Polish administrative system in charge
of alternative careb. Polish legal system of alternative care;c. Challenges in implementation of alternative care law;d. Polish Foster Care Coalition as an advocate in de-I process of alternative care in Poland.
Framework
• Number of children in Poland aged 0-19 years old: a bit more than 8,000,000
• Number of children/young adults in alternative care (0-25 years old): a bit more than 78,000
0,9% children live in alternative care
Structure of Polish administrative system in charge of alternative care
a. There are 3 administrative units in Poland province – district – commune16 provinces, 380 districts and almost 2,500 communesare run by local governments on each level elected in popular vote, independent each other;b. Role of central government on province level;c. Responsabilites of local goverment regading alternative care system
Structure of Polish administrative system in charge of alternative care
Responsability of local government regarding alternative care systema. Each district chief runs a District Center for
Family Support b. Each commune chief runs a Center for Social
Assistance c. A province speaker is responsible for
supervision of adoption process and for running of adoption centers
Polish legal system regarding alternative care
• The Constitution of the Republic of Poland safeguard child rights and family rights and also refers to alternative care;
• Act on family support and alternative care system of June, 9, 2011;
Act on family support and alternative care system
Act of 2011 defines tasks of the Ministry of Labor and Social Policy and local governments.a. Local government is in charge of:• Support of children and family (especially multi-problem families);
responsible - commune level;• Development of alternative care - responsible: district level;• Adoption - responsibility: province level.
b. Role of Polish Ministry of Labor and Social Policy:• creation of law dedicated to social assistance system • via provincial representatives of central government – monitoring
of quality standards in institutional alternative care.
Forms of family-based care
Family based care
Foster family Foster family for 4 up to 8 foster children
Kinship family
Non-professional foster family
Professional foster families of up to 3 children
Short-term foster family for emergency placement Specialized foster family
for disabled children for minor mothersfor children placed in
foster care based on Polish Minor Act
Family-based care
• Organizer of family-based alternative care in district;
• Coordinator of foster family;• Support family (respite care);• Financial support.
Institutional care
Institutional care
Residential care facility
(district level)
Regional special-therapeutic residential
care facility (provincial level)
Pre-adoptive center
(provincial level)
Short-term residential care
facility for emergency situations
Residential care facility
Specialist-therapeutic residential
facility
Foster family for up to 8 children
Goals of alternative care
Alternative care:Temporary character, Aim child’s return to his or her biological
family. If the latter is not possible aim adoption. Priority of family-based alternative care
environment to institutional oneWork with biological family
Challenges in implementation of Family Support
and Alternative Care System Act
Polish law related to alternative care generally is in line with de-institutionalisation depicted in Common European Guidelines on transition from institutional to community based care,but PRACTICE? Number of foster families increase very slow;Small residential care institutions are opened
(increasing);
Challenges in implementation of Family Support
and Alternative Care System ActStandards of cooperation between organizer of
family based care, coordinator and foster family (only initiatives developed by NGO’s);
Role of coordinator of foster families: support or monitoring and control?
No curricula of foster parent career – courses, personal development, supervison;
Almost no respite care available;Cooperation between court for minors and families,
social services and foster families;
Challenges in implementation of Family Support
and Alternative Care System Act
Do we follow the De-I? pre-adoptive center for infants up to 1 year
old – 20 children per institution;Regional special-therapeutic residential care
facility for 45 children;No plan for care leavers with special needs,
the only solution is a big institution for people with special needs;
Polish Foster Care Coalition
Mission:implementation of child’s right to grow up in a family;
Children who cannot grow up in their biological families have a better chance of development, proper family figure and perspective of happy live through care provided by foster families. The family-based alternative care model, as opposed to the institutional one, is more effective in spending public financing dedicated to alternative care. The Coalition acts as an educator, promoter and advocacy entity, and strives for creation of good law in Poland.
Polish Foster Care Coalition
Polish Foster Care Coalitionhas been working since 2004;in 2011 is registered as an umbrella
organization: union of associations; 20 member organizations, 4 associatied
member organizations, houour members;
Polish Foster Care Coalition
Main initiatives: advocacy Social party during creation of Polish law regarding
alternative care; Organizing country-wide conferences to promote
fostering;Organized National Congress on Foster Care (400
delegates, international and national speakers) Initiative of National Fostering Day (30 of May) adopted by
PL Parliament; Initiative of National Fostering Year (2009) adopted by PL
Parliament;
