1. 17 October 2012 Migrant children in the Netherlands The policy on undocumented children, especially concerning youth care Mr.dr. Goos Cardol

2. Migrant children in the Netherlands | 17 October 2012 2 Legal entitlements Main rule: One is only entitled to social services if one has a social security number Except for children concerning: o Education  Till 18 years, further training doesn’t block expulsion  School isn’t obliged to report to the Immigration Services  Practical problems: money (computer, books), diploma o Health care  Except prolonged medication and therapy o Judicial assistance o Youth care

3. Migrant children in the Netherlands | 17 October 2012 Legal entitlements on youth care Same rights as documented children, no matter if they are with or without parents Restrictions: o Till the age of maturity o Help not focused on parents o Foster care only as last resort Discussion: o Foster care vs. residential care (attachment) o Child problems are often family problems o The right on shelter 3

4. Migrant children in the Netherlands | 17 October 2012 Child Protection Board o Part of the Ministry of Security and Justice o Investigates child problems when reported or on request of judge, police o May request a protection order at court 4

5. Migrant children in the Netherlands | 17 October 2012 5 Framework Child Protection Board Principles based on the CRC: 1.Parents have the right to raise their children (art. 5/18 CRC) 2.Children have the right to be raised by their parents 1.The State intervenes whenever parents are not able to solve problems of the child (with voluntary help) and/or when the safety of the child is in danger (art. 5/18 CRC) »This includes an obligation for States not to intervene unless every option ….. »Right on continuity (art. 20 CRC)

6. Migrant children in the Netherlands | 17 October 2012 Policy Child Protection Board On undocumented children No difference in policy, whether with or without parents As long as child resides in the Netherlands But we takes into account the special situation of the child This: Offers broad range of possibilities, but Raises also questions Knowledge of this group appears to be important 6

7. Migrant children in the Netherlands | 17 October 2012 7 Best interest of the child vs. expulsion * separation of parent and child *collaboration with Immigration Services, youth care, universities, churches Detention of the youngster as a last resort Protection order for financial problems In practice: problems can be solved Discussion

8. Migrant children in the Netherlands | 17 October 2012 8 …. Thank you G.Cardol@rvdk.minvenj.nl