The children with the longest stay in the institutions are exactly the children with disabilities.
Although a refusal of parental rights is given at the birth of these children, the process of their
reintegration or adoption is slower. This is due to several factors, and the most important of them
is that raising children with disabilities require special care.
The NPM believes that the implementation of measures to protect children with disabilities must
be carefully designed. As noted above, the first step in the implementation of these measures is to
create adequate health and social services in the community.
The second important step is to provide more support to parents in the maternity hospital. In this
process not only the social workers but also the medical staff in the clinics in obstetrics and
gynaecology should take part.
Last but not least, educational programmes for children with disabilities needs to be developed
and used that to be directed to both parents, prospective adoptive or foster parents, as well as to
the units directly responsible for taking care for children with disabilities.
Based on the analysis of regulations the NPM recommends changing the Ordinance on the criteria
and standards for social services for children, by establishing specific standards relating directly to
children with disabilities.
When performing inspections the NPM found that most children with disabilities are under
custodianship and custodians are the director of the home, the head nurse or the social worker. As
an example can be given the home for children with mental retardation in Petrovo where 58
children have been placed under interdiction. It is necessary to consider seriously and to analyze to
what extent a person is able to fully care for the interests and to manage the property of a large
number of persons under interdiction. The NPM is of the opinion that there is a need for legislative
change and adoption of a new approach towards the persons under interdiction of persons placed
in these institutions.
Institutional interaction and cooperation
The process of decentralization of institutions for children with disabilities began in 2003. Principal
of the respective home is the municipality on which territory it is located. According to art. 18a of
the Law on Social Assistance „the municipality mayor shall manage the social services within the
territory of the relevant municipality, which are State-delegated activities and local activities, and
shall be employer of the heads of the said services.”
During the inspections the NPM has studied also the collaboration between municipalities,
employees of institutions for children with disabilities and social workers to the „Child Protection”
departments. In this connection the NPM believes that the role of municipalities in the
administration of such social activities is large, but is still not conscious enough.
It is fact that in no municipality where the inspected homes are located there are no accompanying
social services for children with disabilities in institutions or for the children with disabilities in the
community. Developing centres of social services and implementation of sustainability is the
responsibility of local authorities. Therefore, the strengthening of local administration in the
32 Annual Report of the National Preventive Mechanism |
OMBUDSMAN OF THE REPUBLIC OF BULGARIA
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