Child protection measures
Child protection measures
The court could enforce a child protection measure if advised by the Guardianship Council. This could, for example, involve placing the child under supervision, removing the child from the home or terminating parental authority.
Supervision Order
If placed under supervision, the child will be allocated a family guardian for a maximum period of 1 year. A family guardian l offers parenting advice and makes accompanying agreements with the parents. The child will remain living at home and the parents remain responsible for the child. However, they are required to comply with the advice of the family guardian and to adhere to the established agreements. Important decisions concerning the child will be taken by the parents together with the guardian. The family guardian works for Care and Youth Caribbean Netherlands (ZJCN).
When the period of supervision is about to expire, the family guardian can indicate whether:
- Extension is needed. The court will then issue an extension of up to 1 year;
- Things are going well, and further assistance can become voluntary in nature. An official from the Guardianship Council will assess whether the problems have been resolved, and the situation has returned to normal for the child.
Provisional Supervision Order
If a child's situation poses an acute threat, the council investigator can ask the court to urgently place the child under supervision or an out of home placement. The council investigator will then immediately inform the parents about this. However, the investigator is not required to conduct a comprehensive investigation.
If the judge agrees with this request for provisional supervision, the child will immediately be assigned a family guardian. Provisional supervision can last up to 3 months. During this period, the council investigator will investigate the child's home situation, and issue advice to the court. The judge will decide whether provisional Supervision Order or out of home placement can be ended, or whether it must be extended by a maximum period of 1 year.
Out-of-home placement
Concerns about the child are sometimes so serious that it is better for the child to temporarily live elsewhere. The child will then live with family, in a shelter or with a foster family for an agreed period of time. Parents can maintain contact with the child, unless the family guardian believes it is best to not have contact for a while. The aim is to always make sure that the child can return home again. If this is not possible after a year, the court may decide to extend the period of out-home placement.
Termination of parental authority
Parents are sometimes unable to care for their children, both now and in the future. In such cases, the council investigator can ask the court to terminate parental authority. This normally follows a period of supervision or out-home placement, but this is not always necessary.
If parental authority is terminated, this means the parents are no longer responsible for their child. They can then, no longer make decisions about the child. This will be done by someone else. The child will be assigned a guardian and will be raised by family or foster family, or in a shelter. The guardian will keep the family informed about how their child is faring, and the frequency with which parents can see their child will be determined.