Policies, Laws and Schemes Supporting Foster Care and Adoption in South Asia

Author(s):  
Ratna Saxena ◽  
Bhavyaa Bhardwaj

Families are the natural environment for children to grow. Children have the right to be cared for by their parents; parents have a responsibility to provide for their children’s upbringing and development. States have the responsibility to provide special protection and assistance to millions of children in South Asia who no longer have families, who have become separated from their families, or whose families represent a serious danger to their health or development. There is a spectrum of services available to children whose parents no longer provide adequate care, known as Out of Home Care or Alternate Care. There are growing concerns about the situation of children outside parental care and the provision of suitable alternatives in South Asia. These children often find themselves at a high risk of violence, exploitation, abuse and neglect, and their well-being is often insufficiently monitored. An inadequate care environment can impair a child’s emotional and social development, and leave children extremely vulnerable to abuse and exploitation, including sexual abuse and physical violence. Across the South Asian region, the combined impacts of widespread poverty, prolonged armed conflict, frequent natural disasters and the spread of COVID-19 is exerting extreme pressure on families and communities, as well as on the limited social services available to support them. The present article aims to study the various policies, laws & schemes supporting two forms of alternate care, namely, foster care & adoption in South Asia, identify the gaps in the implementation and make certain recommendations.

2020 ◽  
pp. 137-155
Author(s):  
Nadiia CHUDYK-BILOUSOVA

The concept of a social assistance agreement, its parties and purpose, which depends on the type of agreement, is defined. The system and mechanisms of concluding social assistance agreements as a basis for the formation of a non-state social security system are studied. The legislation does not contain a single list and mechanics of conclusion and execution. Under a social assistance agreement, the recipient, as a person in difficult life circumstances that he or she cannot overcome or mitigate on his or her own, may receive material benefits or other intangible benefits at the expense or with the participation of the provider under certain conditions. The purpose of concluding a contract is to assist in overcoming or mitigating difficult life circumstances at the expense of the provider's funds or property, or by raising funds or the provider's property, using non-state social security funds for a certain period. A person in need of social security has the right to use the assistance of a charitable organization in the form prescribed by law. On the basis of the agreement it is possible to receive services from volunteers and the volunteer organization. The probation volunteering contract is concluded to achieve the goal set by law, so it is advisable to set clear requirements for the probation volunteer. It is substantiated that the content of the inheritance agreement may stipulate the provision of social security to the alienator on the terms specified in the agreement. It is established that social security for children in difficult life circumstances can be provided by concluding social assistance agreements. The expediency of applying a foster care agreement to a child who has suffered from human trafficking, who has lost his or her parents or whose parents are unable to perform their duties due to health or other reasons in order to ensure that he or she is provided with social security under the conditions specified by law. The expediency of applying a foster care agreement for the immediate provision of family care for a child for a period when his family status is uncertain is indicated. It is substantiated that the purpose of the agreement on the placement of a child in foster care and cohabitation in a foster family is to provide him with social security and create conditions for learning and development. It is established that the purpose of the agreement on the establishment of a family-type orphanage is to guarantee the provision of social services and state assistance. On the basis of the conducted research the expediency of normative fixing of the standard form of the contract on rendering services of the municipal nanny that will promote coordination of interests of the parties of this contract and protection of their rights is proved. Keywords: contract, social assistance contract, purpose of contract, parties to contract, difficult life circumstance.


2020 ◽  
Vol 12 (19) ◽  
pp. 7942
Author(s):  
Elisete Diogo ◽  
Francisco Branco

There were 7032 children in out-of-home care in 2018 in Portugal. Of these, only 2.8% were in foster care, despite this being the recommended response according to legal regulations. It is critical that more families be encouraged to become foster carers and also that experienced carers stay in the system to create a sustainable programme. How is the will to foster a child maintained? What can we learn from foster families’ experiences to improve childcare and the child protection system? The methodology of this study was based on interviews with foster carers. The analysis was inspired by grounded theory. We found three types of foster families, classified according to their will to leave or remain in foster care—unconditional, hesitant, or retired. The results suggest that the key elements for foster carers to remain in the foster care system are (i) their level of satisfaction with how the previous placement concluded, (ii) keeping in touch with the ex-foster child, (iii) the feeling of acknowledgement by all the stakeholders, and (iv) the quality of social services as well as the support of the professional teams.


Author(s):  
D. Palatna

The article highlights the problem of the absence of an inclusive environment for people with disabilities as a factor in the declarative nature of inclusive reforms. Actual barriers and problems that prevent people with disabilities from participating actively in society are described. These barriers require an integrated approach to develop practical solution and minimize them. Pedagogical aspect of terms "inclusion" and "inclusive environment" is the most developed (right now). Nevertheless, the main idea of the pedagogical concept of inclusion is the creation of a "school for all" that meets the common European standards and the mission of creating a society for all. So the idea of inclusivity at this point has a broader meaning than simply creating the right environment at school. The key elements of social and pedagogical aspects are recognition of diversity, elimination of inequalities, minimization of barriers and creation of conditions in which any exclusion in all spheres of life is impossible. Psychological aspect of inclusion is to understand psychological well-being as an important element of it. Psychological conditions of an inclusive environment should contribute to the individual's experience of subjective well-being. Based on the etymology of the word, you can describe inclusion as the process of forming a single whole by combining different parts. Having analyzed the social, pedagogical and psychological aspects of defining this concept, we believe that it is only whole environment in which inclusion must be realized. Thus, an inclusive environment is a human environment that provides conditions for inclusion of all persons into the spheres of society through the elimination of any barriers, taking into account the diversity of people. The integrated concept gives the opportunity to scientifically substantiate the design of new projects, programs and creation of inclusive social services.


Author(s):  
Aakanksha Sinha ◽  
Ruth G. McRoy

Every year thousands of children are removed from their families and are placed into out-of-home care. While these children are placed in care settings with a hope of a better future, they are often faced with many challenges that impact their short and long terms growth. As of 2017, 442,995 children have been removed from their families and placed in the U.S. foster care system for an average of 20.1 months. Placement occurs for several reasons, such as neglect, parent incarceration, drug abuse, and caretakers’ inability to cope. Twenty-seven percent (117,110) have been in care over two years, and all of these children face many obstacles in life that can impact their short- and long-term well-being. One of the most significant challenges they face is access to a stable educational environment that supports positive mental, emotional, behavioral, physical, and social growth. Frequent moves, lack of coordination between schools, and underdeveloped infrastructure to support unique needs are some of the significant predictors of disproportionately poor education outcomes for children in foster care and other residential settings. The lack of stable educational environment leads to a number of challenges related to enrollment, stability, access to special services, peer relations, grade retention, and caregiver and teacher familiarity with academic strengths and weaknesses of the child. To improve their educational outcomes, there is a need for advocacy and significant changes at the at the micro, mezzo, and macro levels. Consistent efforts need to be made by stakeholders, such as state and federal government, schools, child welfare systems, and community partners to address systemic inequities, improve current policies and practices, increase accessibility to quality schools, provide mental health services, and, most importantly, establish a stable environment that will enable the youth to flourish and succeed.


2021 ◽  
pp. 147332502110194
Author(s):  
Therése Wissö ◽  
Anna Melke ◽  
Irene Josephson

Parents of children in out-of-home care receive little support from social services. Drawing on qualitative data collected in the project ‘Parent at a distance’, in which social services in seven municipalities in Sweden aimed to improve support to parents whose children are placed in foster care, this paper explores social workers’ discourses about parents to children in care. The analysis is based on focus group data in which a total of 52 social workers reflected on parents to children in care and how they can be supported by social services. The concept of interpretive repertoires was used to analyse how social workers in interaction construct parents and their support needs. The identified repertoires of change, acceptance, permanency, biology and non-biology may contribute to the understanding of why so few parents receive support, even though legislation stipulates that placements should be temporary. The paper concluded that discourses may shape support practices and thus it is crucial that social workers reflect on and develop their awareness about their constructions of parents and their role for children in out-of-home care.


2017 ◽  
Vol 19 (4) ◽  
pp. 175-186 ◽  
Author(s):  
John Williams

Purpose The purpose of this paper is to consider the background to the recent changes to adult safeguarding in Wales as a result of the new measures introduced by the Social Services and Well-being (Wales) Act 2014 and discuss their potential impact. Design/methodology/approach The paper relies on a range of material including reports published by the Law Commission, the National Assembly for Wales and other public bodies. It also refers to academic and practitioner material in journals and government guidance. Findings Although the Social Services and Well-being (Wales) Act 2014 introduced many changes in adult safeguarding in Wales, not least the duty to make enquiries, it does not take the opportunity to include statutory powers of barring and removal. The introduction of Adult Protection and Support Orders (APSOs) is a cautious step forward – perhaps it is too cautious. More research in needed on the different approaches across the UK. Research limitations/implications At the time of publication, the full effect of the new legislation has not been seen. Local authorities and others are coming to terms with the new provisions. No data on the impact of the new legislation are yet available. The paper identifies future research evaluating the working of the different approaches to safeguarding within the UK. Practical implications For practitioners, the new legislation provides opportunities to rethink the approach to safeguarding. The lower threshold for referrals will mean an increase in caseloads and the need to react to both low- and high-risk cases. For authorised officers, the practical issues identified relate to the circumstances in which an APSO may be sought and what can be put in place to protect the adult at risk once the order has been used. Social implications For those who experience abuse or neglect, the new legislation provides additional support when compared to the POVA process. The duty to make enquiries and the duty to report will hopefully strengthen protection and, with a lower threshold for referral, enable more preventative work to be done at an earlier stage. Whether the new APSO will make a difference remains to be seen. Originality/value As this is new legislation, there is very little analysis of the implications of the Social Services and Well-being (Wales) Act 2014 in relation to safeguarding. This paper presents an overview and, in places, a critical analysis of the new safeguarding duties.


2002 ◽  
Vol 30 (4) ◽  
pp. 655-666 ◽  
Author(s):  
Paul Farmer ◽  
Nicole Gastineau

Medicine and its allied health sciences have for too long been peripherally involved in work on human rights. Fifty years ago, the door to greater involvement was opened by Article 25 of the Universal Declaration of Human Rights, which underlined social and economic rights: “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing, and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”


2021 ◽  
Vol 57 (2) ◽  
pp. 264-270
Author(s):  
E.T. Temirbekova ◽  

The human right to a decent life is a fundamental social right that is the basis for the entire system of human social rights and freedoms. This right is enshrined in international law and includes a set of rights necessary for the free development of the personality in the economic, social and cultural fields, the right to a standard of living that is necessary to maintain the health and well-being of the human and his family. According to the Universal Declaration of human rights: «everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing, medical care and social services». The life of a person who continuously receives new knowledge and hones professional skills, who is a conductor of high quality of creative selfrealization, is worthy. Today the public demand for large-scale innovations can only be met by activating continuous human creative activity. Hence the conclusion: a decent human life is the basis for innovative development of the entire society. And the modern innovative economy requires a new, innovative approach to the person, his role and significance in the modern socio-economic reality. Keywords: «decent life», quality of life, standard of living, living standard.


1992 ◽  
Vol 9 (1) ◽  
pp. 231-261 ◽  
Author(s):  
David Copp

Article 25 of the Universal Declaration of Human Rights reads as follows: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services.” I shall refer to the right postulated here as “the right to an adequate standard of living” or “The Right.”


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