CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM XI. PROVIDERS OF REHABILITATION SERVICES TO CHILDREN WITH ADDICTION PROBLEMS 1. General outline Currently Estonia has still no legal regulation establishing the content of rehabilitation services for children with addiction problems or the requirements for the providers of such services. Nonetheless, some local authorities have created establishments providing a rehabilitation service to children with addiction problems. According to the information available to the Chancellor of Justice, there are currently two such rehabilitation establishments in Estonia: one in Tallinn and one in Jõhvi. On 16 February 2010, the Chancellor carried out an own-initiative unannounced inspection visit to Jõhvi Youth Treatment and Rehabilitation Centre which provides rehabilitation services for children with addiction problems (Inspection visit to Jõhvi Youth Treatment and Rehabilitation Centre, case No 7-9/100585). On 1 June 2010, an unannounced follow-up inspection visit was also carried out to Tallinn Children’s Shelter (Tallinna Laste Turvakeskus) (Inspection visit to Tallinn Children’s Shelter, case No 7-8/090336), and at the end of the year (30 December 2010) also a follow-up visit to Jõhvi Youth Treatment and Rehabilitation Centre. The choice of Jõhvi Youth Treatment and Rehabilitation Centre as an inspected establishment was first and foremost based on the fact that the Chancellor had not inspected it before. The Chancellor wished to obtain an overview of the situation and organisation of work in all the rehabilitation establishments for children with addiction problems which are known to operate in Estonia. The aim of the follow-up visit to Tallinn Children’s Shelter was to verify compliance with the recommendations made by the Chancellor as a result of his visit in 2009. 2. Jõhvi Youth Treatment and Rehabilitation Centre Jõhvi Youth Treatment and Rehabilitation Centre began operating in 2004. It is an establishment owned by the private limited company Corrigo and its main objective is to provide treatment and rehabilitation services to children with drug addiction problem aged 14−18. Exceptionally, children aged 11−14 are also admitted. The centre provides treatment and rehabilitation services on the basis of a contract for the use of national budgetary allocations concluded with the National Institute for Health Development. Thus, the service is funded from the state budget. According to the contract, children referred to Jõhvi Youth Treatment and Rehabilitation Centre must be aware of the conditions of treatment and rehabilitation and sign a written consent for stay in the centre. Then, a contract for the provision of treatment and rehabilitation services is concluded between a child’s guardian and OÜ Corrigo. The inspection visits to Jõhvi Youth Treatment and Rehabilitation Centre and the follow-up visit carried out in 2010 revealed once again that the main problem hindering the provision of the necessary rehabilitation service to children with addiction is the absence of the legal regulation. The legislator has not established, either in the Juvenile Sanctions Act, the Social Welfare Act or any other Acts, the definition of the rehabilitation service applied in respect of minors with addiction problems under § 3(1) clause 8 of the Juvenile Sanctions Act. There are no Acts regulating the types of assistance that children referred to a provider of a rehabilitation service are entitled to receive (health services, rehabilitation services, education). There are no compulsory requirements for institutions applying the sanction prescribed under § 3(1) clause 8 of the Juvenile Sanctions Act (i.e. requirements for the rooms and staff of the rehabilitation service provider, the number of children participating in a programme or service, etc). Currently there are also still no provisions regulating whether and to what extent the institutions applying the sanction are allowed to restrict fundamental rights of children if this proves to be essential for guaranteeing the success of the rehabilitation process. There is no effective system of follow-up care for young people who have undergone the rehabilitation process. The provision of the rehabilitation service established under § 3(1) clause 8 of the Juvenile Sanctions Act is also significantly hampered by the absence of a financing model for the service. 67