in order to prevent the separation of siblings and in cases where the placement is of an emergency nature or is for a
predetermined and very limited duration, with planned family reintegration or other appropriate long-term care
solution as its outcome.
22.
While recognizing that residential care facilities and family-based care complement each other in meeting the
needs of children, where large residential care facilities (institutions) remain, alternatives should be developed in the
context of an overall deinstitutionalization strategy, with precise goals and objectives, which will allow for their
progressive elimination. To this end, States should establish care standards to ensure the quality and conditions that
are conducive to the child’s development, such as individualized and small-group care, and should evaluate existing
facilities against these standards. Decisions regarding the establishment of, or permission to establish, new
residential care facilities, whether public or private, should take full account of this deinstitutionalization objective
and strategy.
Measures to promote application
23.
States should, to the maximum extent of their available resources and, where appropriate, in the framework
of development cooperation, allocate human and financial resources to ensure the optimal and progressive
implementation of the present Guidelines throughout their respective territories in a timely manner. States should
facilitate active cooperation among all relevant authorities and the mainstreaming of child and family welfare issues
within all ministries directly or indirectly concerned.
24.
States are responsible for determining any need for, and requesting, international cooperation in
implementing the present Guidelines. Such requests should be given due consideration and should receive a
favourable response wherever possible and appropriate. The enhanced implementation of the present Guidelines
should figure in development cooperation programmes. When providing assistance to a State, foreign entities should
abstain from any initiative inconsistent with the Guidelines.
25.
Nothing in the present Guidelines should be interpreted as encouraging or condoning lower standards than
those that may exist in given States, including in their legislation. Similarly, competent authorities, professional
organizations and others are encouraged to develop national or professionally-specific guidelines that build upon the
letter and spirit of the present Guidelines.
III. SCOPE OF THE GUIDELINES
26.
The present Guidelines apply to the appropriate use and conditions of alternative formal care for all persons
under the age of 18 years, unless under the law applicable to the child majority is attained earlier. Only where
indicated do the Guidelines also apply to informal care settings, having due regard for both the important role played
by the extended family and community and the obligations of States for all children not in the care of their parents
or legal and customary caregivers, as set out in the Convention on the Rights of the Child.
27.
Principles in the present Guidelines are also applicable, as appropriate, to young persons already in
alternative care and who need continuing care or support for a transitional period after reaching the age of majority
under applicable law.
28.
For the purposes of the present Guidelines, and subject notably to the exceptions listed in paragraph 29
below, the following definitions shall apply:
(a)
Children without parental care: all children not in the overnight care of at least one of their parents, for
whatever reason and under whatever circumstances. Children without parental care who are outside their country of
habitual residence or victims of emergency situations may be designated as:
“Unaccompanied” if they are not cared for by another relative or an adult who by law or custom is
responsible for doing so; or
“Separated” if they are separated from a previous legal or customary primary caregiver, but who may
nevertheless be accompanied by another relative.
(b)
4
Alternative care may take the form of: