Child and youth welfare facilities
2.3.8
Too many placements
in other Laender
Obstacles to maintaining the relationship to the family
The right to contact to both parents anchored in Article 9 (3) Convention on
the Rights of the Child as one of the most important children’s rights is also
included in Article 2 (1) of the Federal Constitutional Act on the Rights of
Children, and thus guaranteed under constitutional law. The lack of special
care places depicted in the previous section is, however, still frequently the
reason why many Laender house minors far away from their families in
another Land. As a consequence relationships break, which makes returning
the minors to the family even more difficult if not impossible.
A current survey based on 2016 fortunately indicated that there has been a
slight decrease in the number of children and adolescents housed in other
Laender since the first time the data were recorded by the NPM in 2014. An
increasing trend was observed only in Carinthia.
Major differences within
Austria
At 29.22%, Burgenland has the highest proportion of minors housed outside
of their own Land. This is even more astounding as, relatively speaking, there
are plenty of socio-pedagogical and socio-therapeutic residential groups in
Burgenland, yet just a third of the available places are occupied by children
from Burgenland. The reason for this appears to be an allowance that the
private operators in Burgenland can request for minors from other Laender,
thus making caring for them more attractive. For this reason, consideration is
being given in Burgenland to adopting the model that has been practised in
Upper Austria for several years. The model allows a maximum of 15% of the
total number of minors in a facility to be from other Laender. The number of
minors from other Laender in Upper Austria has fallen from 126 to 84 since
this rule was introduced.
Some improvements
noticeable
Since 2012 Vienna has reduced placements outside of the Land from 354 to
198 by increasing the number of care places. In Salzburg and Styria too, the
proportion of minors housed in other Laender has decreased since 2014. By
contrast, at 23.88 %, Styria still has far too many minors housed outside of
their own Land. In Lower Austria, placements in another Land have had to
be authorised by the Department of Child and Youth Welfare of the regional
government for quite a while now. Furthermore, this is also only permissible
if no other adequate places are available in Lower Austria. At 3.46%, the
number of minors housed in other Laender is correspondingly low and has
been falling constantly since 2014. The structures in Vorarlberg come closest to
fulfilling the children’s rights requirements. Just 2.16 % of the minors housed
out of home live in facilities in another Land.
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