HI,
This is what I wrote - hope it helps.....
The legal Framework that applies to every child and is the underpinning framework to the way children are looked after in foster care is: "United Nations Convention of the Rights of the child - it is a legally binding international agreement setting out the civil, political, economic, social and cultural rights of every child, regardless of race, religion or abilities".
Every child in Foster care should be treated no less or differently than any other child in the world.
The convention has 54 articles in total. Articles 43-54 are about how adults and governments must work together to make sure all children enjoy their rights.
Since it was adopted in 1989, 194 countries have signed up to the UNCRC, with only 2 countries left to ratify. All countries that have signed up to the UNCRC are bound by international law to ensure its implementation. The Committee on the Rights of the child ensure they are monitored.
Under the terms of the convention, Governments have the responsibility to ensure that children have the right to:
*Have basic needs met
*Children meet their full potential
*Life, survival and development
*protection from Violence, abuse or neglect
*An education that enables children to meet their full potential
*To be raised by or have a relationship with birth parents
*Express an opinion and be listened to.
Optional protocols were added to strengthen the convention and add further unique rights for the child:
In 2000:
*Not to forcibly to recruit under 18's into the national army
*Prohibit child prostitution, child pornography and the sale of children into slavery
In 2011 -Those children who have been violated, can complain directly to the UN committee.
Within our local fostering service - the work of the foster service, and therefore of its staff and foster carers, is shaped by a number of key leglislation, regulations and statutory guidance to ensure the UNCRC is adhered to:
*Children's Act 1989
*Equality Act 2010
*Children's act 2004
*CAF
*Fostering regs (England)2011
*NMS 2011
*The children (Leaving care) act 2000
*The children leaving care (England)regs 2001
*The children's and young persons act 2008
*2005 statutory guidance: adoption and childrens act 2002
*Special guardianship regs and guidance 2005
*Freedom of information act 2000
*human rights act 1989
The legal framework for Fostering was revised in 2011, this included the fostering services regulations and related statutory guidance and NMS. These form the legal framework for the running of fostering services and are relevant to every LA and independent fostering agency.:
*The fostering regulations (England)2011
These regulations make provision about the way in which all fostering agencies are run, managed, the process for approval of foster carers and safeguarding children placed with them.
*The children's act 1989 guidance and regulations Vol 4: fostering services
This guidance sets out the functions and responsibilities of LA's and their partner agencies in relation to fostering services. The coverage includes the responsibilities of LA's and foster carers and how to help the achieve the best for the children in their care. The management of the fostering service and the approval and supporting of foster carers.
*NMS Explained in last question
*The children's act 1989 guidance and regulations, Vol 2: care planning, placement and case review
This guidance sets out the functions and responsibilities of LS's and partner agencies under part 3 of the children's act 1989, which concerns the provision of local authority support to children and families. In particular - it describes how LA's should carry out their responsibilities.
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