they are punishable by law. Restriction of contact with members of the child’s family and other persons of special
importance to the child should never be used as a sanction.
96.
Use of force and restraints of whatever nature should not be authorized unless strictly necessary for
safeguarding the child’s or others’ physical or psychological integrity, in conformity with the law and in a
reasonable and proportionate manner and with respect for the fundamental rights of the child. Restraint by means of
drugs and medication should be based on therapeutic needs and should never be employed without evaluation and
prescription by a specialist.
97.
Children in care should be offered access to a person of trust in whom they may confide in total
confidentiality. This person should be designated by the competent authority with the agreement of the child
concerned. The child should be informed that legal or ethical standards may require breaching confidentiality under
certain circumstances.
98.
Children in care should have access to a known, effective and impartial mechanism whereby they can notify
complaints or concerns regarding their treatment or conditions of placement. Such mechanisms should include
initial consultation, feedback, implementation and further consultation. Young people with previous care experience
should be involved in this process, due weight being given to their opinions. This process should be conducted by
competent persons trained to work with children and young people.
99.
To promote the child’s sense of self-identity, a life story book comprising appropriate information, pictures,
personal objects and mementoes regarding each step of the child’s life should be maintained with the child’s
participation and made available to the child throughout his/her life.
B. Legal responsibility for the child
100. In situations where the child’s parents are absent or are incapable of making day-to-day decisions in the best
interests of the child, and the child’s placement in alternative care has been ordered or authorized by a competent
administrative body or judicial authority, a designated individual or competent entity should be vested with the legal
right and responsibility to make such decisions in the place of parents, in full consultation with the child. States
should ensure that a mechanism is in place for designating such an individual or entity.
101. Such legal responsibility should be attributed by the competent authorities and be supervised directly by them
or through formally accredited entities, including non-governmental organizations. Accountability for the actions of
the individual or entity concerned should lie with the designating body.
102. Persons exercising such legal responsibility should be reputable individuals with relevant knowledge of
children’s issues, an ability to work directly with children, and an understanding of any special and cultural needs of
the children to be entrusted to them. They should receive appropriate training and professional support in this
regard. They should be in a position to make independent and impartial decisions that are in the best interests of the
children concerned and that promote and safeguard each child’s welfare.
103.
The role and specific responsibilities of the designated person or entity should include:
(a)
Ensuring that the rights of the child are protected and that, in particular, the child has appropriate care,
accommodation, health-care provision, developmental opportunities, psychosocial support, education and language
support;
(b)
Ensuring that the child has access to legal and other representation where necessary, consulting with
the child so that the child’s views are taken into account by decision-making authorities, and advising and keeping
the child informed of his/her rights;
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(c)
Contributing to the identification of a stable solution in the child’s best interests;
(d)
Providing a link between the child and various organizations that may provide services to the child;
(e)
Assisting the child in family tracing;