Chapter 3. Observing the rights of the child
The results of the first stage of reform indicate slow pace of de-institutionalization, including: the
decrease in the number of children in institutions is too slow (2017 – 105,400 children, 2019 – 99,900
children); 47 institutions changed only the type of institution without giving up the round-the-clock stay
of children; in three oblasts (Dnipropetrovsk, Odesa, Sumy), regional plans for reforming institutions of
care and education have not been approved at all (see Annex 3.2).
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As an alternative to institutional care for a child during the period for his/her parents to overcome
difficult life circumstances and/or deciding on his/her future, in 2017 the law was adopted that allowed
education and rehabilitation of a child in the family of a foster parent. At the same time, this modality is
being implemented very slowly.
This situation is due, in particular, the the fact that foster carers who enter into a foster care agreement
with the guardianship authority do not receive payment if they do not have a foster child; unwillingness
of foster parents to provide patronage over a child with a disability with musculoskeletal disorders,
impaired vision, hearing.
The Commissioner also keeps on her watch list the protection of the rights and interests of orphaned
children and children deprived of parental care who went abroad to study. Analysis of the information
received from the oblast administrations and Kyiv State City Administrations showed that from 2016 to
the first half of 2019, 104 orphaned children and children deprived of parental care went abroad to study.
At the same time, permits to travel abroad was granted by the guardianship authorities only in 23 cases.
Moreover, such children were not subject to temporary consular registration – therefore, there is a risk
that the children may become victims of human trafficking.
According to the results of the Commissioner’s request to the Prime Minister of Ukraine on this issue in
September 2019, the Government adopted the Resolution of the Cabinet of Ministers of Ukraine #85
of 29 January 2020 “Certain Issues of Registration of Ukrainian Citizens Living Abroad,” which provides
that in case of temporary departure of an orphaned child or a child deprived of parental care outside
Ukraine for a period of more than 90 days, the legal representatives of such a child are obliged to notify
the service unit for children and put the child on consular registration.
The monitoring showed that the reasons for poor case management of families and control over the
observance of the rights of the child in families and institutions of care are staff turnover and high
workload on employees; low level of professional training of specialists; entrusting the service units for
children with functions not inherent in them; and lack of transport and funds for business trips.
In October 2019, the Commissioner sent the request to the Ministry of Social Policy to ensure proper
organizational, legal, technical and informational support to the centres of social services for families,
children and youth so that they provide quality social services aimed at forming responsible parenting
to families in difficult life circumstances.
CHAPTER 3
According to the Ministry of Social Policy, as of 1 January 2020, 121 foster families have been created.
At the same time, in 5 oblasts of Ukraine – Chernivtsi, Khmelnytskyi, Rivne, Ternopil, Zakarpattia – there
are no foster families, and in Ivano-Frankivsk and Volyn oblasts, only one foster family per oblast was
created. (see Annex 3.3).
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