Official Translation

Official Translation Official Translation RESOLUTION OF THE SEIMAS OF THE REPUBLIC OF LITHUANIA ON THE APPROVAL OF THE CONCEPT OF STATE POLICY ON CHILD WELFARE 20 May

1. No. IX – 1569 Vilnius The Seimas of the Republic of Lithuania, taking into account the fact that in the area of child welfare there are no general principles based upon which it would be possible to bring about consistent reforms and mindful of the fact that the concept of state policy on child welfare is an initial step in the implementation of the comprehensive protection of the child and his welfare as one of the functions of State responsibility, resolves: Article
2. To approve the Concept of State Policy on Child Welfare (attached). Article
3. To recommend to the Government to develop, on the basis of the Concept of State Policy on Child Welfare, a strategy for child welfare and a system of analysis and monitoring of child welfare, involving state and scientific institutions. Article
4. To recommend to the Ministry of Social Security and Labour to draft by 30 April 2004 the Strategy of State Policy on Child Welfare. CHAIRMAN OF THE SEIMAS OF THE REPUBLIC OF LITHUANIA ARTŪRAS PAULAUSKAS Resolution of the Seimas of the Republic of Lithuania No. IX – 1569 20 May
5. Annex CONCEPT OF STATE POLICY ON CHILD WELFARE PREAMBLE The goal of the Concept of State Policy on Child Welfare (hereinafter referred to as the “Concept”) is to reach a political understanding regarding the values and provisions governing child welfare and to foresee the guidelines of implementation of child welfare. The Concept serves as an insight into the future of the policy on child welfare. Guided by the Concept, consistently implementing the United Nations Convention on the Rights of the Child, Consistent reforms are being brought about and strategies, plans of implementation and amendments to laws and subordinate legislation are being developed. The strategic documents of the implementation of the Concept must be harmonised with the documents of implementation of the Youth Policy Concept, since part of the child’s age defining is discussed also in the of Youth Policy Concept. To implement the goal and the strategic guidelines of this document it is necessary to set up a central institution, which would develop and implement child welfare policy and which, when dealing with young people’s and children’s problems, should have substantial legal and economic leverage within the country and should implement the monitoring of child welfare, accumulate and analyse statistical data, coordinate the activities of various departments in this field and provide methodical assistance to specialists. The fundamental principles and values of the policy on child welfare are presented in the Concept; based on these principles and values the principal problems of child welfare in Lithuania are formulated; principal aims of the policy on child welfare during the next decade are projected in the main spheres of child care, child participation and child protection; the strategic guidelines of implementing the policy on child welfare are indicated. GENERAL PROVISIONS 1.1.The Concept is based upon the following principal definitions outlining child welfare, which are adopted and applied in the European Union: 1.1.
6. Child means every human being below the age of 18 years[1]. 1.1.
7. Policy on child welfare means the part of social policy which on the basis of international documents[2] is outlined by three principles: the right of the child to protection, care and participation: 1.1.2.
8. protection of the child means the right to grow up in his own family and receive professional assistance, also the right to be protected from social and individual violence; 1.1.2.
9. provision for the child means the right of a child to resources and services, distributing them between the child and adults; providing particular attention to a disabled child, a child having special needs, and a child who is in danger of experiencing poverty, parental violence and negligence or of becoming involved in criminal activity; 1.1.2.
10. participation of the child means the right to act, express his own opinion and exert influence in decisions in the family and society, both individually and collectively, by developing for the child a social space for his active participation. 1.1.3.Welfare means “a system of organised social services and institutions, developed to assist individuals and groups to attain satisfactory standards of living, health and personal and social relations, which would permit them to develop all their abilities and improve their quality of life with a view to the needs of their families and the community”[3]. 1.
11. By means of the Concept one strives to exert an influence upon social and economic policy so that conditions are created for children to lead a full life, ensuring their interests and the implementation of the Convention on the Rights of the Child. 1.2.
12. The Concept is developed based on the following principles: 1.2.1.
13. the issues of the child welfare are political and those of ensuring child welfare are a political priority of the State; 1.2.1.
14. the family and the State share the responsibility of ensuring child welfare; 1.2.1.
15. the interests of the child are relied upon in adopting decisions or initiating any actions; 1.2.1.
16. the following rights and opportunities are safeguarded for the child: 1.2.4.
17. of enjoying the highest attainable standard of health; 1.2.1.4.
18. of obtaining a good education, care and medical treatment; 1.2.1.4.
19. of living in a safe environment; 1.2.1.4.
20. of feeling loved and appreciated; 1.2.1.4.5.of becoming competent to care for himself in everyday life; 1.2.1.4.
21. of feeling dignified and secure with regard to his racial, cultural and national identity; 1.2.1.4.
22. of feeling as a full-fledged person no matter what his age; 1.2.1.4.
23. of developing his social interpersonal relations and confidence. 1.2.1.
24. The following opportunities are ensured by: 1.2.1.5.
25. respecting the child and his family, regardless of its ability to care for the child; 1.2.1.5.
26. giving priority to the child’s needs while distributing public resources; 1.2.1.5.
27. safeguarding the child from harm and deprivation of opportunities; 1.1.2.5.
28. increasing the responsibility of society for the family; 1.2.1.5.
29. participation of the child when decisions are being made regarding his welfare; 1.2.1.5.
30. cooperation among all public institutions and groups; 1.2.1.5.
31. not discriminating against the child and his family because of economic, racial or social differences; 1.2.1.5.
32. forming attitudes in the society toward the child as a full-fledged person; 1.2.1.5.
33. creating favourable conditions for the formal and informal education and acquisition of profession of the child.
34. PROBLEMS OF CHILD WELFARE 2.
35. The laws of Lithuania are not yet totally harmonised with the United Nations Convention on the Rights of the Child, there are no system of monitoring and data collection and assessment, which would reflect all the spheres of the implementation of the Convention on the Rights of the Child. 2.
36. A part of the laws, which have been passed, cannot be implemented, since insufficient funding is being allocated, and the minimum income of every person is not guaranteed. 2.3.Following the restoration of independence, Lithuania turned towards reducing State responsibility in the sphere of child provision. State assistance, provided in benefits, maternal leave and child day care services, as a part of GDP and in 1999 comprised only 62% of the 1991 level[4]. Families raising children constitute the poorest segment of society in Lithuania. 2.
37. A view towards child protection as a system of social services for the child and his family is lacking. Within the sphere of child protection, the actions of the State are limited to saving the child by taking him from the family, without offering the family anything. The right of the child to be raised by his family is violated without acknowledging the social-economic causes, but by placing the blame on the family, instead. The families, in which children are being raised under conditions of risk, are termed as “asocial” and experience social exclusion. 2.5.The policy on social assistance is based upon a political threshold of poverty, the minimum subsistence level (MSL) which does not meet the actual needs. 2.
38. The portion of universal support to the family is diminishing, with the State orienting itself towards provision of means-tested assistance. International experience and research indicate that such assistance fails to reach many people, and in the presence of broad selection requirements, degrades people. In 2001, only three per cent of Lithuania’s population received social support[5]. 2.
39. An unstable social and economic environment and lack of primary prevention services for families, who are raising children or reductions in financial support to them, bring about a widespread lack of care and neglect of children and violence against children. Clearly, in this situation there is a lack of services for families and children in crisis situations, and the quality of the existing services is insufficient. 2.
40. New threats and new types of dependency are constantly arising for children. Neither the services nor the legal systems are capable of reacting to these threats in an adequate and timely fashion. Owing to this new social problems are proliferating at a quick rate. 2.
41. A safe dwelling, which meets the requirements of hygiene, is frequently not guaranteed for the child in the family, while the state housing assistance programme is more supportive of prosperous rather than poor families. 2.
42. Following the closure of many kindergartens and créches, the right of a child of working parents to pre-school care has become markedly limited. In providing these services, a child’s preparedness for school, rather than assistance to the family, harmonising work with the parents’ duties is being emphasised. 2.
43. Following the reduction of resources allocated to child provision, problems in child protection have increased. From 1995 to 2003 the number of families, which are unable to support their children, has increased 1.87 times[6]. The number of children who are in state guardianship has markedly risen. This has forced the state political decisions and resources to orient towards protection of the child, in extreme cases, for the most part. 2.
44. The structure of expenditures for the social protection structure of the child reflects the fact that insufficient prevention services are being set up for the child and the family, and in recent years, these services are even diminishing.
46. The number of problem families is increasing and they are unable to make use of the social protection guarantees for the good of the child. This indicates that within the structure of expenditures for the social protection an excessive portion falls to monetary payments and too little is left for social services and in kind support, even though that opportunity is provided for in the laws. 2.
47. The amount of social services funding for the child and his family by individual municipalities is highly uneven. Many municipalities fail to create a network of social services for the child and his family, and only use the services of the fixed state agencies. 2.15.The sphere of protection of the child is lacking an infrastructure of planned and legally anchored social and rehabilitation services. 2.
48. State institutions that protect and defend the child from violence are operating inefficiently, often forcing the child to experience repeated violence while undergoing the protection process. A child is questioned on multiple occasions, often in the presence of the abusers. The operations of these institutions are not coordinated, they lack funds, professional knowledge and material and human resources. 2.
49. Various institutions of foster care of the child belong to different departments, are under the jurisdiction of different administration levels and have no common system of funding. Decisions regarding foster care of the child are often adopted based on the financial interests of the department and administrative units, rather than those of the child. 2.
50. The reforms of the changing of foster care of the child (settlement in a foster care home, foster family or adoption) have not effected a change in child welfare, since attention was focused towards the increase of non-differentiated benefit, but not towards the development of the services, which organise the care of the child in the family and provision of social services. At the end of 2001, 40 per cent of the children who had lost parental guardianship were still living in various institutions of foster care[7]. 2.
51. Very few children are being adopted in Lithuania. Adoption is halted by the search for adoptive parents and the lack of social services for the future adoptive parents and the family who has adopted. Exaggerated secrecy in adoption laws violates the right of the child to know the truth about him, and stops active popularisation of adoption in the country. 2.
52. In the healthcare system there are no clear priorities in providing services to children. 2.
53. Insufficient efforts have been made to enable a disabled child to lead a full and decent life, develop his abilities to actively participate in community activities. 2.
54. In striving to defend the interests of the child, society is lacking active cooperation between the State, community, non-governmental organisations and population. 2.
55. The right of the child to participate is violated through the relations between the child and the adult, emphasising the child’s subordinate role, parental responsibility by interpreting parental authority according to law and tolerating physical punishments. The opportunities for a child to express his opinion in the course of a legal and administrative examination are limited. 2.
56. The press makes public the subtle details in the life of a child and his family, supplies photos and identity data, in violation of the protection of dignity and the requirements of the Convention on the Rights of the Child in this respect.
57. OBJECTIVES OF IMPLEMENTING CHILD WELFARE 3.
58. Provision for the Child 3.1.1.The State develops the social and economic conditions, opening opportunities for parents and guardians, to provide the child with decent care as required by the Convention on the Rights of the Child. 3.1.
59. Family life models differ greatly. The State is equally concerned with childcare in the families, without discriminating against the children because of the lifestyle of their parents. 3.1.
60. Being a parent entails a huge responsibility. While trying to satisfy the needs of a child in all stages of his development, the parent’ s priorities are often balanced between work and family obligations. For this reason the State provides to parents some support of one form or another. A request for assistance, by parents, is understood as a sign of responsibility and not one of poor performance of parenting obligations. 3.1.4.The responsibility for assistance in the performance of parental obligations rests with the State, which invokes and motivates all of the other public institutions: legal, social, healthcare, educational, cultural and religious communities or other non-governmental organisations. 3.1.
61. State institutions and non-governmental organisations react to a request by a child and family, analyse the situation and develop social services, which are most suited to the needs of the child and family. 3.1.
62. A child must not experience poverty, perceiving it as a shortage in the satisfaction of the basic needs (wholesome food, a safe permanent home, clothing, educational measures and health-support services), or social separation, deprivation of an opportunity to realise natural talents and helplessness in adapting to changing conditions. 3.1.
63. In striving to reduce poverty as a factor, most damaging to the child, the State acknowledges the absolute poverty level. It is indexed and is used as a basis to guarantee the minimum monthly support.
66. State and municipal institutions ensure, that the family, which is raising a child, would not lose its dwelling due to poverty, and therefore the municipal social housing fund is being strengthened and expanded.
69. The development of services for the child and family and investment in the improvement of the quality thereof constitute a primary target for the State.
72. Services are being developed in many spheres in resolving multiple problems, which confront children and their families. Interdepartmental cooperation and pooling of resources are promoted and teams of experts in various fields are used in forming decisions linked with assistance to the family and the child. Comprehensive training and support of all employees, who work with children, is ensured. 3.1.
73. Services for children with developmental problems are being expanded. Promotion efforts are being made in order that these services would especially be developed in the community. 3.1.
74. Particular attention is devoted to organising of pre-school and child day care institutions. These services are expanded through implementation of comprehensive pre-school education and care, by creating a network of day care centers accessible to all preschoolers and school- aged children. 3.1.
75. The nutrition and care problems of infants, who are being raised in risk group families, are dealt with immediately. With this in mind, such a social assistance system is being organised, in which material assistance with food for an infant is harmonised with social work services.
78. The current sparse ranks of specialists providing services to the child and family are reoriented, developed and focused not so much towards bureaucratic control, as towards direct social work with the family and child who are experiencing problems. 3.1.
79. In developing social services for the child and family, the State is relinquishing the model of direct funding of institutions and choosing the model of purchasing services. 3.1.
80. In purchasing services, the guiding principle in all childcare sectors is the representation of the interests of the child. This means that the services must be comprehensive and oriented towards the needs, opinions and culture of children and teenagers. The laws define general provisions, however the specialists select appropriate decisions for each person individually. 3.1.
81. Striving to educate a full-fledged person, which is able quickly and successfully to adapt to the changing conditions in the environment and capable of changing them, the child is raised and taught to lead an independent life. 3.1.
82. The State guarantees the right of a child to both parents, providing equal opportunities to a man and a woman to harmonise work with family responsibilities: 3.1.18.
83. the State develops the institutions of child day care; 3.1.18.
84. a man and a woman are accorded equal opportunities to care for the child during early childhood; 3.1.18.
85. the role and responsibility of the father in raising the child is being strengthened in society. 3.1.
86. Financial and social support are planned and provided for a child, who is being raised by one of the parents, when the former spouse or co-habitant fails to pay child support. 3.1.
87. Particular attention is accorded to provision of disabled children, by adapting the services and environment to them according to their needs, in order that they may have equal opportunities and would not experience social exclusion. 3.1.
88. Assistance and support among the specialists, academic community and non-government sector are fostered in researching, evaluating, developing and providing the services, which correspond with the needs of the families raising children and the children’s needs. 3.
89. Child Participation 3.2.1.Taking into account his maturity, conditions and opportunities are created for the child to take an active part in society, and to fulfil his public and civic awareness, especially in adopting decisions, which have an impact on ensuring child welfare. 3.2.
90. The concept of “parental rule” is relinquished in family law. It is substituted by the concepts of “parental care” and “parental responsibility and obligations.” 3.2.
91. The relations of the child and the adult are based on partnership. Decisions are taken not for the child, but with the child. 3.2.
92. The concepts of social assistance and family policy are restructured viewing the child as and equal participant in distributing the state resources and services. 3.2.
93. The participation of the child in court and administrative processes is guaranteed: 3.2.5.
94. providing to the child the necessary information; 3.2.5.
95. providing the right for a child to voice his opinion; 3.
96. 5.
97. providing consultation to the child according to his mental and emotional maturity; 3.2.5.
98. informing about the possible consequences of the desires and decisions of the child; 3.2.5.
99. planning and implementing specialised family and child courts;. 3.2.
100. The opinion of the child is meaningful in providing all forms of services to the child and family. 3.2.
101. The child is included as a significant and indicative representative of society while making scientific overviews and researches. Child Protection 3.3.
102. The State employs measures and protects the child based on the following criteria: 3.3.1.
103. whether the child experiences some physical harm or exploitation, if he experiences harm due to the action or inaction of adults, parents, guardians or specialists, or whether sufficient risk is posed, that such harm will occur; 3.3.1.
104. whether the child experiences sexual abuse or exploitation owing to the action or inaction of adults or if such a risk exists; 3.3.1.
105. whether medical assistance is not rendered due to the action or inaction of adults; 3.3.1.
106. whether child has experienced emotional violence, abuse, or neglect, which is manifested in the child’s behaviour, and the adults do not seek support to obtain such assistance or refuse to provide services to the child; 3.3.1.
107. Whether the opportunities for the child to attain the educational qualification, set forth in the laws, are being restricted. 3.3.
108. Specialists in child welfare: social workers, psychologists, medical personnel, legal personnel and other persons equipped to deal with this, evaluate the needs of the protection of the child. 3.3.
109. Specialists in child protection must participate in courts as the representatives of the welfare and rights of the child. A defence is guaranteed for a child who has become a victim. 3.3.
110. Social workers, medical personnel or psychologists, who have special training, shall evaluate the harm encountered by the child. Special premises and services are made available in order to avoid repeated traumatising of the child. 3.3.
111. In the event of violence against a child, the abuser rather than the child is removed from the family. 3.3.
112. A child protection plan is drawn up and comprehensive assistance, which includes social, medical, rehabilitation and legal services, is provided to a child who has experienced violence. Social and legal services are provided to the family members. 3.3.
113. A child, who has entered the protection system, is assigned a social worker, to which the child may turn anytime, to obtain moral and social support. The worker must plan and evaluate the services being provided, taking into account the child’s protection needs. 3.3.
114. In addition to penal and control measures, therapy services are also being developed for perpetrators of violence. 3.3.
115. Some action is being planned to decrease the incidence of violence in society and family. 3.3.
116. Poverty may not be the reason for separating the child from the family and therefore, all possible public resources are provided for the child suffering by reason of poverty. During economic crises, major attention is provided for the child and family programmes. 3.3.
117. Through planning and provision of services to a family encountering difficulties in childcare, the State guarantees the right of a child to grow up in his family. 3.3.
118. A child may be removed from his family only in the eventuality that all possibilities of helping either the family or the child himself have been exhausted. In critical cases, State and local community services’ efforts are concentrated to assist the child and family in surmounting difficulties. 3.
120. The parents and extended family members of the child or the State are the representatives of the child according to law. 3.3.
121. In organising assistance for a child, the natural support network of the child is relied upon first. 3.3.
122. If it becomes necessary to remove the child from his biological family, the State, through its authorised institution organises foster care, adhering to the following priorities: 3.3.15.1 return to biological family; 3.3.15.2 adoption; 3.3.15.
123. long-term foster care.` 3.3.
124. Having established any type of foster care for the child, his representative according to the law, is a state institution that controls the quality and continuity of foster care of the child. Through its authorised institution the State organises a system of services, when alternate foster care is established for the child: 3.3.16.
125. following the separation of a child from the parents and upon setting up and periodically reviewing his foster care plan, the opinion of the child and his parents, their religion and race, culture and language shall be taken into account; 3.3.16.
126. social services in the sphere of adoption include: popularising adoption in Lithuania, search for adoptive parents, evaluation of readiness to become parents; their education and provision of services to the family following adoption; 3.3.16.
127. social services to foster families are as follows: search of foster families, evaluation of their readiness to become foster parents, provision of supervision and assistance through periodically organising continuous education and assessment of foster parents; 3.3.16.
128. social services for the child in foster care are as follows: planning of the child’s care with a view to his needs representing his interests and provision of assistance to the biological parents in trying to eliminate the causes of the establishment of foster care. In returning the child to the parents a temporary monitoring and assistance of the family is organised. 3.3.
129. Time limits are established to review foster care plans for the child in deciding whether to return the child to the family, or to adopt him, or to extend foster care. The child, who can be placed in a foster family or adopted, may not remain constantly in institutional care. 3.3.
130. All forms of foster care are organised in such a way that the child may grow up in an environment, which is closest to a natural family. Only in this type of environment may a child prepare himself for independent living in society and establishing a family. 3.3.
131. In organising foster care of a child, the principle of stability of foster care is observed, perceiving it as a creation of a stable, safe living environment related to the identity of the child. Therefore, a change in the location of the child’s foster care is not tolerated, if this is not linked with the protection and implementation of the rights of the child. 3.3.
132. Social services are planned and given legal basis in order to achieve the aims of child foster care set forth in the Civil Code. 3.3.
133. The expenses involved in child foster care, while the child is in a foster family are divided as follows: funds for the child, for the foster parent and for social services. 3.3.
134. The State recognises the equal rights of the child and adults to protection from violence. Society is encouraged not to apply physical punishment to children. Parents are taught how to discipline a child without the use of violence. Law prohibits the use of physical punishments as a means of discipline. 3.3.
135. Specialists, who work with the child, are instructed, on how to recognise a child who has experienced violence, and are bound by law to report to the institution responsible for the protection of the rights of the child, about the child who has experienced violence. If the specialists fail to report the violence, they shall be held administratively and criminally responsible. 3.3.
136. A child, who is a victim of violence or has violated the laws, is protected from publication of his identity in the press. Journalists do not ask him questions, and do not present filmed of photographed material, which would make it possible to recognise the child. 3.3.
137. A child who is being raised by a family experiencing difficulties in raising the child, is protected from publicity in the press, which often condemns and spurns such families. Public disrespect demonstrated against the child’s parents cripples the child psychologically. Concepts which demean the child’s or the family’s dignity are not employed. 3.3.
138. Good healthcare shall be ensured for the child. Much attention is devoted to child health activity programmes. With this in view national strategies and programmes are created as follows: 3.3.26.
139. ensuring the physical, social, emotional and cognitive development capacities of the child; 3.3.26.
140. providing an opportunity to obtain information, necessary for every child, about health preservation and fortification and prophylactics of diseases; 3.3.26.
141. assisting in barring the way for the appearance of harmful habits and the use of alcohol, narcotics and toxic substances; 3.3.26.
142. providing an opportunity to obtain the necessary information concerning reproductive health; 3.3.26.
143. Assisting in improving the mental health of the child, assisting in overcoming behavioural and emotional disorders. 3.3.
144. In striving to ensure the integration of a disabled child into society, the forces of all departments are recruited. Comprehensive healthcare services (including psychological assistance for the child and members of his family) of adequate quality and social and educational services must be ensured for such a child and the persons looking after him.
145. COURSE FOR IMPLEMENTATION OF STRATEGY 4.
146. Implementation of the basic principles of the child welfare must be attained in: 4.1.
147. interdepartmental activities. Various institutions and departments co-ordinate their activities by creating and implementing a general strategy of child welfare. Continual interdepartmental co-operation is organised by exchanging information concerning the possibilities of helping the families who are in difficult circumstances and are raising children; 4.1.
148. services sphere. A network of necessary services is created and services are provided in developing, creating, reorganising and improving the quality of both prevention and rehabilitation services for the child and his family. 4.1.
149. state statistics. Comparative statistics on children, assisting in determining problems, which are decided through political factors with a view to the age, gender and regional differences of the child, is collected and compiled; 4.1.
150. child welfare research and monitoring sphere. The state of child welfare is constantly examined. The influence of legal, economic and political decisions on the quality of life of the child and implementation of the rights of the child is analysed; 4.1.
151. system of child welfare institutions. Their functions and subordination are restructured; 4.1.
152. planning of human resources. The need of child welfare specialists, level of competence and preparation and raising of qualification is analysed. The specialists, who work with children, are taught the rights of the child; 4.1.
153. planning of financial resources. In dispensing resources in State political decisions and in funding programmes, account is gradually being taken of three spheres of the policy on child welfare, with special attention being focused on provision of the child. The portion of the budget allocated to children is comparable to other groups and sectors of society. 4.
154. It is necessary to create within the country a central institution of the child, which in solving the problems of the child and family, would not only implement monitoring of the child welfare, analyse, co-ordinate the actions of various departments in this sphere and render methodological assistance to specialists, but would also have actual levers of action within the entire country. 4.
155. Strategic measures on a micro, mezzo and macro level must be drafted based on this concept. [1] UN Convention on the Rights of the Child, Article
156. [2] Council of Europe. Steering Committee on Social Policy CDPS III.8