Article 25: Periodic review of placement in care

Convention text

Children who have been placed in care for the purposes of care, protection or treatment in connection with their physical or mental health have the right to a periodic review of the treatment they receive and of all other circumstances relating to the placement in care. This is agreed by the countries that have signed the Convention.

Key point

If children have been placed in care, it must be reviewed regularly whether the placement remains the best solution.

Explanation

Every child has the right to grow up in a family. If this is not possible, for example because the parents are unable to care for the child, the government must ensure that the child is placed in another family, such as a foster family. Only if this is also not possible will the child be placed in an institution. Such placement in care may last for a maximum of one year. After that year, a court must decide again where the child can best live.

If a child has been placed in a foster family or institution, the child has the right to a periodic review. This means that it must be considered regularly how the child is doing. Should the child remain there, or can the child return to their own family?

Continuity in upbringing

A child also has the right to continuity in upbringing. This means that the family situation should not change constantly. This is not good for the child’s development. A child should also be able to form stable relationships with trusted adults. These interests may sometimes conflict. For example, when children have lived in a foster family for a long time but may be able to return to their own family. What should take priority then? The child’s right to grow up with their parents, or their right to continuity in upbringing? The United Nations has considered this issue. You can read more about it in the Guidelines for the Alternative Care of Children. Please note that no one is obliged to comply with these guidelines. However, they do help to explain how Article 20 of the Convention is intended.