Legal solutions on alternative care in Poland and how to advocate for better ones Beata Kulig Belgrade, 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 care b. 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 – commune 16 provinces, 380 districts and almost 2,500 communes are 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 system a.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 childrenfor minor mothers for 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 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 one  Work 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 Act  Standards 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  has 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;

Thank you! Beata Kulig E: M: