shortage of staff are evident from the outset.
At two crisis centres from the city of Vienna, staff complained about
the lack of adequate socio-therapeutic residential places for children
and adolescents with mental health problems and aggressive
behaviour patterns. It was reported that instead of six weeks as
stipulated, children had to spend some months in crisis centres until a
suitable facility could be found, even though the evaluation phase had
long since ended. Commission 4 was told about several adolescents
in particular who were instructed to go home after several months (in
one case after eight months) due to the lack of care places suitable for
their needs. Excessive waiting times and further threats to the child’s
welfare in the family of origin because of the lack of alternatives
constitute a disregard of the duty to protect which the competent
authorities for child and youth welfare and protection are supposed to
fulfil for minors with poor prognoses for development.
Children and
adolescents continuing
to live in crisis centres
after the end of the
evaluation phase
Although additional socio-therapeutic places have been created over
the past few years – in Vienna and several of the Laender at last –
supply still does not meet demand.
A process of decentralisation, involving a shift of emphasis away from
large-scale homes towards smaller divested shared accommodations,
has already begun in several Laender and has already achieved
visible successes. Vienna completed a process of home reform in
2000 and is the pacesetter in that regard. Lower Austria has now
begun a restructuring process, as a response to recommendations in
scientifically-based child and youth welfare and protection plans. The
regional government of Tyrol has stated that it is aware of the need to
decentralise child and youth welfare and protection facilities, and
intends to act on the NPM’s suggestions as part of a fairly long term
process. The other Laender are expected to follow suit.
Process of
decentralisation has
already proved
successful
During follow-up visits to several institutions and facilities, the
commissions noticed marked improvements in participation.
Institutions and facilities are making an increased effort to ensure that
the wishes and suggestions of children and adolescents are taken into
account by creating children’s teams and “house parliaments”, as well
as with regard to decisions on specific cases. This is particularly
welcome in light of Article 12 of the UN Convention on the Rights of the
Child and Article 4 of the Federal Constitutional Act on the Rights of
Children, which state that the opinions of children must be taken into
account. It is important to children and adolescents, particularly to
those in out-of-home care, that channels and options for active
participation are set up in areas of life relevant to them; moreover, this
is a significant aspect of ensuring that human rights are upheld.
Noticeable
improvements
The NPM received positive feedback regarding initiatives aimed at
ensuring that the right to a private sphere is upheld for minors in outof-home care. Small changes often lead to substantial progress and
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