Chancellor recommended to ensure a 24-hour presence of at least one carer or family elder in
each family where even one child is staying at home, and in the period from 06:00 to 22:00 have
a least two carers (or a family elder and carer) present in a family with more than four children
under the age of three or children with a severe or profound disability.
Most of the substitute homes explained in their reply to the Chancellor what steps they have
taken or intend to take in order to comply with the requirements under the law.
PART I
CANCELLOR OF JUSTICE AS OMBUDSMAN FOR CHILDREN
In addition, the Chancellor explained that the aim of the substitute home based on the family
model is to offer family-like conditions, which means inter alia that every day, as far as possible,
the same people should take care of the child, so that the child can develop a trust-based
relationship with them. If for a certain period the primary caretaker of a child in a substitute
home is a carer of one family and then a carer of another family, the relationship of the child
with the adults raising him or her is weak and superficial and it is improbable that the child will
develop a trust relationship with any of them.
PART III
In one family at the Kiikla substitute home of the non-profit association Avatud Värav there
were nine children and during the school holidays children of two families were integrated into
one family. The Chancellor explained to the head of the substitute home that the statutory
requirements for the ratio of children and teachers must be complied with. This is an important
indicator of the quality of the substitute home service. The existence of a sufficient number
of carers is important to ensure the safety and well-being of each child in each family. The
higher the number of children per one carer the less time that person has for children and the
more superficial the relationships and the less this form of care resembles the family model.
The smaller the number of children per one carer, the more time the carer has for each child.
Personal activities with children are one of the most important components of the substitute
home service.
PART IV
Regrettably, during the inspection visits in 2013 it was found that in several substitute homes
there were still problems with ensuring compliance with the required ratio of children and staff.
There were problems in both substitute homes visited by the Chancellor during the reporting year.
PART II
Ratio or staff and children
Thus, moving of children from one family and house to another should happen only if this
is necessary in the interests of the child. Of course, in certain situations the change of the
environment could be the best solution for the child and, hence, the change of the family would
be justified. However, such a decision should be carefully considered and justified based on the
interests of the child.
In a situation where children of one family in a substitute home move to another family house
for the period of school holidays, vacation of carer, etc, children are forced to adjust to the carers
who are not their daily caretakers. As in such a case the aim is first and foremost optimising
the working time of the staff, moving does not take place based on the interests of the child.
The Chancellor found that moving of children from one family to another, unless this occurs
in the best interests of the child, violates the right of children to grow in a stable, family-like
environment, and such practice is not in conformity with the Social Welfare Act.
The Chancellor proposed to the head of Kiikla substitute home not to admit new children to the
substitute home before the size of the family conforms to the law, and not to move children
from one family and house to another, except in exceptional cases when this is in the interests
of the child.
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