WHAT IS ALTERNATIVE CARE?
This is a formal or informal arrangement whereby a child is taken care of outside the home or parental care for at least a night. This arrangement offers an alternative home environment especially for vulnerable children with or without biological parents. This could be a decision of the court or administrative body, or initiative of the child, parents or care provider in the absence of parents (Better Care Network). It is no news that we find children who are vulnerable round the globe, some without shelter, abandoned, neglected displaced persons etc. Where a parent is unable to cater for a child (due toincarceration or other reasons) or where such parents are not alive anymore to see to the wellbeing of the child, there are alternative care system for such child. The question is how adequate is the alternative care for the protection of the rights of such child and the safety of such child. Children without adequate care are at risk of harm and most likely to be victims of sexual exploitation, violence, early marriages, discrimination and gang recruitment. We shall highlight some alternative care options and how effective they are to the development of the child especially in Nigeria.
Family strengthening is an important way to prevent alternative care and as such, the UN Convention on the Rights of the Child outlines that the best place for a child to grow is within family setting therefore efforts should be made to enable a child grow with parents or very close relatives. This most times may not completely achievable as several reasons amount to children being in alternative care systems but whatever alternative care system, it must be adequate to guarantee the wellbeing of the child. The UN Guidelines for Alternative Care of Children to this effect states in Article 32 that State parties should ensure support of families in meeting their responsibilities towards the child and promote the right of the child to have relationship with the parents. It also provides that states should tackle root causes of poverty instead of basing it as a reason for alternative care. In reality, is this possible? Poverty remains a major cause for alternative care in Africa and child protection services such as professional support from social workers, support from relatives, community support are available to a few.
However, there are instances where family strengthening either does not work or becomes impossible; the child becomes a responsibility of the state. Article 5 of the UN Convention on the Rights of a Child (ratified by Nigeria in 1991) provides for parental care and state intervention for child support.
WHY ALTERNATIVE CARE?
- Abandonment: a child may be abandoned by parents and this is often seen especially where parents think they lack the financial capacity to bring up the child or where such child was birthed out of wedlock.
- Death : The death of a parents may necessitate alternative care and absence of relatives to care for such child
- Court decision: where the court deems it fit for a child to be raised outside family environment as a result of neglect, child abuse, exploitation or other valid reasons.
- Voluntary placement by parents as a result of not having a shelter, sick or having to migrate for employment.
- Incarceration: where a parent is in prison custody without the availability of a care giver.
- Separation through war, trafficking, famine, example Internally Displaced Persons.
TYPES OF ALTERNATIVE CARE
Generally, alternative care may be formal or informal.
●Formal Alternative Care
This involves raising a child in a family environment as a result of an order by a competent authority e.g. foster care. It also involves raising a child in a residential care (e.g. orphanages) whether or not an order was given by an authority. Under the formal care, we have family based care and residential care.
- Family-based care: This entails a child living in a family home such as foster home, guardian or any close relative. Note that it is arrangement made by an order or with the agreement of a court or competent authority.
- Foster care is a temporary care for children while efforts are made to reunify children with their families or to arrange other permanent placements in a family setting such as adoption. It should not be prolonged to replace a permanent family care. It is supervised by the state and foster parents receive a special fee or allowance.
- Guardian care involves a guardian who is legally appointed by a competent authority for the wellbeing of a child. This has been discussed in my previous article.
- Formal Kinship: this is care extended by a close family member or a friend which has been ordered by an administrative or judicial authority example is guardianship.
- Residential care: This is a collective living arrangement for children who are looked after by adults, it could be private (e.g. SOS villages, NGOs services) or public (full time care of the government) institutions. It is different from foster care because it is a specially designed and designated facility by salaried staff or volunteers outside domestic/family setting.
●INFORMAL ALTERNATIVE CARE: This is privately arranged by family members or friends without the intervention of a competent authority.
i. Informal Kinship is where any private member of the family or friends caters for the child on an indefinite or on-going basis within a family environment. It is different from a formal kinship which involves the intervention of the state.
ii. Kafala: This presupposes “unlimited entrustment” of a child by another. This is the highest form of alternative care for abandoned children or orphans under Islam. Adoption is not allowed in Islam but it is permissible to take care of another child
Conclusion
Several reasons could warrant a child being placed under alternative care, if possible, a child should be raised in a family environment for the proper development and total wellbeing of such child. Family strengthening should be greatly encouraged by families and the government; poverty should not be a viable reason for alternative childcare. Alternative care must be adequate to fit into its proper definition which is for the best interest of the child, if otherwise; it affects the growth of the child and leaves a psychological trauma. They are less likely to provide positive parenting to their children because of damage in their cognitive and physical abilities. This in turn affects the society as this may encourage anti-social behavior which leaves a dent in societal development. Alternative care must be adequate if it is truly for the best interest and wellbeing of the child.
Success Oghosa Osasogie is a Lagos based Legal Practitioner and a professional volunteer.
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