Presentation Outline

Transcription

1 TITLE OF PRESENTATION GIVING PROMINENCE TO THE BEST INTERESTS OF THE CHILD REQUIREMENT IN ADOPTION: LESOTHO POLICY AND LEGAL CONTEXT; ACHIEVEMENTS, CHALLENGES, LESSONS LEARNT AND WAY FORWARD NAME OF PRESENTER ITUMELENG KIMANE DATE 10 DECEMBER 2014 Presentation Outline Adoption what it is Adoption policy and legal environment in Lesotho Best interests of the child requirement in adoption Achievements Prominence of the best interests of the child requirement: Adoption Agency Representative s reflections Challenges Lessons learnt Way forward 1

2 ADOPTION What it is Adoption is a personalized life plan intended to provide permanency for a child emerging consensus In adoption, therefore, the primary consideration should be to find a family for a child and not vice versa Keeping these 2 considerations in mind at each stage of the adoption process is the only thing that would guarantee respect for the child s best interests principle The critical question in this presentation is 2 pronged to what extent is the best interests of the child a prominent requirement in our adoption decisions and practices? or, do decisions and practices violate this principle? This question is examined from two sides what ought to be the theoretical (achievements) and what is practical on the ground (challenges and lessons learnt) side Achievements Adoption Policy and Legal Environment in Lesotho Lesotho stands highly compliant with international instruments The domestic policy and legal environment is harmonized with the international standards on adoption UN Convention on the Rights of the Child African Charter on the Rights and Welfare of the Child UN (United Nations) Declaration on Social and Legal Principles relating to the Protection and Welfare of Children with special reference to Foster Placement and Adoption Nationally and Internationally (passed by the General Assembly, 1986) The Hague Convention on the Protection of Children and Cooperation in respect of Inter country Adoption The Guidelines for Practice on National and Inter country Adoption and Foster Family Care published in 1992 by the International Social Service (ISS), Geneva in collaboration with the Adoption Centre, Sweden. 2

3 Achievements Adoption Policy and Legal Environment in Lesotho Local policy and legal context is very comprehensive and conducive for ethical( clean ) adoption practice The prominence of the child best interests requirement is visible in all existing frameworks Lesotho should take pride for having such an enabling adoption policy and legal environment fostered by provisions stated in; Social Welfare Policy National OVC Policy CPWA 2011 Foster Care and Adoption Policy 2012 Foster Care and Adoption Procedures and Practice Guidelines Achievements Best Interests of the Child Requirement in Adoption Adoption a considered decision meant specifically to promote and protect the adoptee s (child s) best interests Domestic frameworks enshrine a number of critical principles, structures, procedures and practice guidelines all of which are meant to promote and guarantee respect for the best interests requirement The policy and legal instruments include provisions regarding; Establishment of a local Central Authority for Adoptions to cooperate with those in receiving countries Accreditation and approval of adoption service providers Local and inter country adoption Respect for preferences of prospective parents are as far as possible while making a placement decision, but keeping the best interests of the child as the paramount consideration 3

4 Achievements Best Interests of the Child Requirement in Adoption Psycho social and other support services for biological parents including their guidance on relinquishment and its implications Search for origins where parentage is unknown Determination that prospective adoptive parents are eligible and suited to adopt based on application they file Pre preparation of adoptive parents Determination of adoptability of the child by central authority or designated competent authority based on identity and full background Subsidiarity principle Placement of siblings and twins Placement of children with special needs Achievements Best Interests of the Child Requirement in Adoption Child participation in adoption plan child concerned is to be consulted in a manner appropriate to his/her evolving capacity in relation to age and level of maturity Pre placement preparation for children The adoptee child should have a birth certificate or its equivalent with names nominated by adoptive parents when the legal adoption process is completed this is all about identity Monitoring and post adoption follow up as well as reporting Maintaining a register of all adopted children 4

5 Challenges Good policy and legal frameworks have not been broadly disseminated Frameworks are poorly understood (not yet internalized) by service providers hence they have no bearing on implementation and adoption practices in general There is little appreciation of their international context and its implications No real effort to establish a robust system for delivery of adoption services No CPWA linked regulations and requisite formats No registers of adopted children at the MOSD No M&E system, etc. Lack of human and financial capacity Lessons Learnt Adoption continues to be regarded as a foreign practice involving sale of children Adoption Unit is overwhelmed with work e.g. delays in completing child study reports and getting adoptable children matched with appropriate PAP Lack of capacity (human, financial, transport) Plays a dual role of being the central authority and being the MOSD arm in delivery of adoption service Marked conflict of interests among adoption service providers due to lack of understanding of demarcations of roles Adoption is a complex and not an ordinary service hence it requires people with courage and a passion for it 5

6 Lessons Learnt No accredited agencies to work in support of the central authority No steps taken to ensure that adoption service providers meet requirements of integrity, professional competence, experience and accountability Many are not qualified by ethical standards and by training or experience to work in the field No clear process for determining that the local PAPs are eligible and sited to adoption No standardized pre preparatory education is available for them Adoptees come from a select few care facilities Procedures followed in determining the adoptability of children are inadequate NICR and immigration systems for adoptees need further strengthening Way Forward Need a programme of capacity building and experiential learning for all service providers Need a forum whereby service providers in the field of alternative care can discuss issues of mutual concern and share experiences Lobbying, advocacy and public awareness raising are needed especially for local adoptions Need to encourage CSOs to be involved in adoption work 6

7 Way Forward A well constituted and fully capacitated Central Authority must be established as a matter of urgency to supervise and monitor adoption service providers compliance with standards as well as guarantee children s best interests A robust adoption system must be created in line with the existing legislation and policy Adoption regulations must be developed Need accredited local adoption agencies and persons to enhance professionalism, ethics and accountability in adoption Social work and legal pre service training at tertiary institutions must be reviewed and revised to ensure they contain content relevant to adoption I THANK YOU!!! 7