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- Ελληνικά
It is a great honour to be here today to discuss the legal framework of fostering in Cyprus and the important changes that are currently being promoted by the Government.
As you all know, any decision that affects the child must be made in the best interests of the child. Child fostering is an act of love and at the same time responsibility that can change a child's life, offering them a safe and supportive environment when their biological family cannot provide it.
Foster care is a process of alternative care and protection of children, the legal responsibility of which lies with the state, through which a child is temporarily placed in a family that is not their biological family. Its purpose is to deinstitutionalise children and place them in a safe and stable environment. Foster parents take responsibility for the day-to-day care and upbringing of the child, with the aim of providing a safe and stable environment until the child can return to his/her family or a permanent solution, such as adoption, can be found.
Among the Member States of the European Union (EU), child fostering is regulated by legal frameworks that guarantee the rights and protection of children, while promoting solidarity and cooperation between countries.
Among the Member States of the European Union (EU), child fostering is regulated by legal frameworks that guarantee the rights and protection of children, while promoting solidarity and cooperation between countries. In particular, Council Regulation (EU)2019/1111 of 25 June 2019 concerning jurisdiction, recognition and enforcement of judgments in matrimonial matters and parental responsibility and the international abduction of children (OJ L 178, 2.7.2019),is an important legal framework governing, inter alia, in addition to divorce, parental responsibility, international child abduction proceedings and child fostering proceedings between EU Member States.
The Regulation establishes uniform rules of jurisdiction for divorce, legal separation and annulment of marriage as well as for parental responsibility disputes with an international dimension. It facilitates the free movement of judgments as well as public documents and certain agreements within the Union by introducing provisions on their recognition and enforcement in other Member States.
It also contains provisions supplementing the Hague Convention on the Civil Aspects of International Child Abduction. It covers "civil matters", which includes proceedings before civil courts and subsequent judgments as well as public documents and certain out-of-court agreements in matrimonial and parental responsibility disputes. Any placement of a child in foster care - that is, in accordance with national law and procedure, in the care of one or more persons - or in an institution in another Member State falls within the scope of the Regulation, unless explicitly excluded, such as placement for adoption and placement in the care of a parent or, where appropriate, in the care of any other close relative as declared by the host Member State.
At the international level, the Convention on the Protection of the Rights of the Child, which we as a country have ratified by law, is an important and binding international legal instrument that protects and promotes the rights and welfare of children. This Convention does not specifically address fostering, but it does contain provisions that are important for administrative decisions and procedures for the protection of children, such as fostering. In particular, it provides for the right of every child to live and develop in a loving, secure and understanding family environment. This right can be interpreted as the basis for fostering, as it promotes the concept of family and a safe environment for children. As we shall see below, the Convention on the Protection of the Child is at the core of the new draft legislation on fostering in Cyprus.
In Cyprus fostering was implemented in 1956 with the Children's Law Chapter 352, a piece of legislation which I dare to say is outdated, in which there is a relevant provision providing for the care of children by the state, which in practice is done through internal procedures. The Social Welfare Services (SSS), under the State Ministry of Social Welfare, are responsible for the implementation of the law and the management of foster care cases.
The Ministry of Labour and Social Security states in its proposal to the Council of Ministers that the number of children under the care of the Director of Social Welfare Services is approximately 1500 children, of which 1200 are unaccompanied minors, applicants for international protection, who are accommodated either in kinship foster care or in teenage protection institutions. Of the remaining children placed in the parental care of the Director of Social Welfare Services, 29% are placed in child and adolescent protection institutions, 65% are accommodated in approved foster families and 6% are in the semi-subsistence programme.
The current legal framework faces several weaknesses and challenges, such as non-institutionalized foster care selection mechanisms, unnecessary training and preparation of foster carers and children, lack of systematic monitoring of foster care by the state, absence of transparent foster care approval procedures and criteria, absence of incentives leading to lack of sufficient foster families, etc. The existing administrative procedures as well as the need to change social perceptions around this institution need significant stimulation and improvement. The need for clarity, transparency, consistency and speed in fostering procedures is also extremely important for the protection of both children and their families and foster carers. Our concern and concern, therefore, is the proper institutionalized procedure for providing care to these children with mechanisms that properly respect their rights with their best interests as the primary concern.
In drafting the new modernizing bill entrusted to me by the Council of Ministers, in cooperation with the MPS, we took into account everything I mentioned above, the current needs of children and examples from other countries, such as Greece.
All its provisions are fully interwoven with the principles of the Convention on the Rights of the Child. The best interests of the child are generally the primary objective of every decision taken in every aspect of the child's life. In the case of foster care, this includes ensuring that the child grows up in a safe, stable and supportive environment, free from violence or neglect where he or she has the opportunity to develop psychologically, emotionally and physically.
A key principle of the new legislation is that a child should not be separated from his or her parents against their will unless the competent authorities decide that such separation is necessary in the child's best interests. Where a child is separated from his or her parents, every effort shall be made to place the child, as a matter of priority, with a relative or intimate friend. The removal of the child from his or her family environment should be treated as a temporary solution and the child's continued relationship and reunification with his or her family environment should be ensured, provided that this is in his or her best interests.
At the same time, the child's participation in decisions concerning him or her is encouraged, giving him or her a voice and a say, while at the same time the child is provided with mechanisms to protect him or her from abuse and exploitation.
The purpose of the Bill is to regulate the care and protection of a child whose parental care or custody is exercised by the Director under a law or Court order or the care of a child with the consent of the parents or those exercising parental care, the process of approving the suitability of foster parents and their obligations, the maintenance of registers, the provision of care to foster carers and the supervision of foster care.
A person (may be a single person) or persons wishing to become foster parents will submit a written application and will be assessed in detail on the basis of criteria and conditions.
A key provision of the Act is that the Director shall prepare and inform the child (in his/her care or custody or care) of the purpose and terms of the placement and then have regular one-to-one contact with the child to discuss issues affecting the child, giving the child the opportunity to express his/her views on all decisions affecting the child. The Director also informs the child of the contact details of the person or authority to whom he or she can refer and of the complaints procedure regarding matters concerning him or her.
The new Bill further reinforces the principle of the best interests of the child and his or her uniqueness by introducing the creation of an Individual Care, Protection and Rehabilitation Plan for each child. Within three months of receiving parental care or custody or care of a child, the Director shall prepare and coordinate the implementation of the Individual Care, Protection and Rehabilitation Plan with the input of an interprofessional team. This shall include information on the child's situation, intervention measures in the areas of health, education, social integration and measures for a smooth transition to adulthood. Thus, each child will have an individualised care plan, which will be designed, implemented and monitored regularly with the input of professionals to ensure that his or her specific needs are taken into account.
In addition to the individualised care plan, a permanent representative of each service or agency will be appointed for each child, as far as possible, to represent him or her in the inter-professional team. It is worth noting that the interprofessional team is composed of representatives of all the services involved, since it is imperative that these services cooperate, inform and support each other in order to best serve the rights of the child. Children, as beneficiaries of the FTA, will be provided with medical care, not excluding of course, where necessary, another specific treatment.
For children in the care of the State, the Director may place them with foster parents who must be approved in accordance with the procedure provided, or in semi-independent living with the provision of services to assist the transition to independent living upon reaching adulthood, or in a child protection and care unit. (Fostering is therefore a part of the Bill as one of the forms of care, since the provision of care by the Director may be in addition to fostering, as noted above.)
Foster carers or agencies will be provided with allocations to meet the needs of children. The care of the person for whom the Director provided care when the person was a child may continue to be provided after adulthood and up to the age of 21. Records will be kept by the Director for children and for approved foster carers in accordance with personal data collection and processing principles.
Foster care may take one of the following forms:
- Kinship foster care
- Traditional foster care, providing care for unrelated children
- Two-parent foster care for children with the aim of supporting high-risk families to prevent children from being removed from their parents
- Emergency foster care for children whose parents, due to extraordinary events, are unable to provide adequate care for their children
- Professional foster care provided to children with disabilities, serious physical or mental health or behavioural problems
- Fostering in a group of at least three foster children up to a maximum of six children
An application to conduct an investigation into the suitability of persons to become foster carers is submitted by:
(a) A couple of a man and a woman who are married or in a civil union or have been cohabiting for at least three years; or
(b) Individuals.
There shall also be in each Province an Admissions Application Evaluation Committee, advisory to the Director, to consider whether the criteria for foster care are met.
Specifically, the applicant or applicants will be :
(a) 25-75 years of age and have an age difference from the foster child of at least 18 years, but not more than 60 years; (In the case of a couple, the age requirements need only apply to the person of one of them and the age limit does not apply when the applicant is a relative of the child.
[B) HAVE BEEN LEGALLY AND HABITUALLY RESIDENT IN THE REPUBLIC FOR AT LEAST 2 YEARS PRIOR TO THE SUBMISSION OF THE APPLICATION, EXCEPT IN THE CASE OF PERSONS RELATED TO THE CHILD;
[C) NOT SUFFER THEMSELVES OR THEIR COHABITANTS FROM INFECTIOUS OR CONTAGIOUS DISEASES AS DEFINED BY THE INFECTIOUS DISEASES ACT;
[D) NOT SUFFER FROM A MENTAL ILLNESS, MENTAL OR PHYSICAL LIMITATION THAT MAY AFFECT THEIR DUTIES AS FOSTER PARENTS;
(e) Applicants' cohabitants shall not have a mental, mental or physical limitation that affects normal cohabitation with a child;
(e) Applicants' cohabitants shall not have a mental, mental or physical limitation that affects normal cohabitation with a child, declared by the applicant;
(f) have not been declared unfit to perform a parental role and have not been deprived of parental authority under the Parent and Child Relations Act, as amended or replaced from time to time;
[G] [G] the applicants and their cohabitants must not have been finally convicted or have a criminal prosecution or investigation pending against them or be fugitives or absconders for offences listed in Schedule I;
[H] [H] have a clean criminal record which certifies that they have not been convicted at any time, in respect of offences relating to dishonesty or moral turpitude;
(i) have a certificate in accordance with the Prevention and Suppression of Sexual Abuse and Sexual Exploitation of Children and Child Pornography Act for themselves and any person associated with them;
(j) have participated or agreed to participate in a training programme prescribed by the Director:
So we see that apart from the applicants, some of the criteria should also be met by people living with the applicants, in order to ensure a safe environment where the child will stay. For example, there is a list of offences for which there must be no convictions, nor must someone be a fugitive or a fugitive on remand in relation to them. There is also a certificate of no conviction for a sexual offence against a child. Further, there should be no mental, psychological or physical problem that may interfere with their duties as foster parents. They must also have never been found unfit to perform a parental role and must not have been deprived of parental authority by law.
Once the Foster Application Assessment Committee has investigated their suitability and approved their application, it refers the applicants, as soon as possible, to a training programme and, on completion of the training programme, registers the foster parents in the Foster Parent Register it maintains.
Once the Foster Application Assessment Committee has investigated their suitability and approved their application, it refers the applicants, as soon as possible, to a training programme and, on completion of the training programme, registers the foster parents in the Foster Parent Register it maintains. The purpose of this programme is to prepare foster carers so that they can cope with the needs of the children.
The Foster Care Application Evaluation Committee is responsible for: applying the conditions
(d) the temporary removal or termination of foster care.
One of the most significant changes is the introduction of professional foster care for children with disabilities or serious health and behavioral problems, through which specialized care is provided for these children. Professional fostering is an important area in the provision of care and support for children who need it. For the purposes of considering an application for professional fostering, in addition to the general fostering requirements that must apply in all cases, the applicant must cumulatively meet the following criteria:
1) Hold a degree in Social Work, Psychology, Sociology, Sociology, Nursing, Occupational Therapy, Speech Therapy, Elementary Education, Pre-Primary Education, or any other related degree;
2) Not be employed and in the case of a foster parent who is employed, his/her work does not exceed 20 hours per week;
3) Participate in specialized training programs determined by the Director;
In addition, the new bill creates a more organized system of support and monitoring of foster families, with regular visits by social workers, which may be unannounced and/or unannounced. It is worth noting that, the non-cooperation of foster parents with the SSCs is a criminal offence.
It is also important to note that the Committee exercising parental care or custody or care of the child will be matched with persons registered in the Register of Foster Parents and that the child and foster parents will be prepared and a contract will be signed with them.
The obligations of foster carers are set out in a specific article. In particular, they must:
- observe the terms and conditions of the contract
- accept visits, warned or unannounced, and cooperate
- accept supportive and advisory services
- not use disciplinary measures which include any form of violence,
- facilitate, the child's communication with the parents
- not disclose to any person, any confidential information
Foster care may be temporarily suspended or terminated by the Director at the request of the foster parents when they are unable to meet the needs of the child, when it is determined that foster care is no longer in the best interest of the child, when the terms of the contract are not met, and when the eligibility requirements of the foster parents cease or are no longer met.
Foster carers will be afforded protection under the Maternity Protection Act, the Parental Leave and Leave for Reasons of Force Majeure Act and the Paternity Protection Act.
In addition, the Bill in Part Five provides for Child Protection and Support Mechanisms through the provision of services aimed at ensuring their well-being and smooth transition to adulthood. The services include, but are not limited to, access and provision of health services, education and financial support.
With respect to semi-independent living for a child, the Director shall ensure that a suitable place of residence is found, appoint an adult person to provide day-to-day practical support for the child, provide the child with necessary living resources and ensure that the child has access to services and programmes that promote development to the child's maximum potential.
In closing, I would like to mention the incentives and facilities that the new bill gives to foster parents. In the case of foster parents who work concurrently as employees and have a child under the age of twelve placed with them or in the case of a child with a disability under the age of 18, foster parents are entitled to the leaves in proportion to those provided for in the Maternity Protection Act, the Leaves (Paternity, Parental, Caring, Force Majeure) and Flexible Working Arrangements for Work-Life Balance Act 2022.
Furthermore, an allowance given to meet the needs of a child shall be exempt from any tax, fee, levy or withholding in favour of the State and in the event that persons who are or have been foster parents wish to transfer and or register real property to their foster parent or a person who has been their foster parent may do so without the payment of transfer fees.
When we talk about fostering, we are talking about the opportunity to open our hearts and welcome a child who needs our love and attention. It is an act of altruism, an act of love that can change the world for a child. Fostering is not easy. It requires dedication, patience and love. That is why the changes being promoted aim, among other things, to empower foster parents by providing them with all the necessary tools and the support they need to cope with the demands of their role.
The new bill strengthens the fostering process with clear procedures and protects the rights and welfare of children, ensuring that all children in foster care receive appropriate support for their development. By implementing the new provisions, the Bill aims to provide a safe, stable and supportive environment for children removed from their birth families, ensuring their smooth development and integration into society.
Thank you for your attention and I hope today's discussion will increase understanding and support as it relates to foster care!
(NYAN/EATH)
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