Capacity building of statutory services at local level within the support of the decentralization

process

Sofia, 4 July 2007

Nicoleta Preda – National Authority for the Protection of Child’s Rights Romania

Decentralisation process in the field of child protection

2005

1997

Responsibilities of SPAS, based on Law 272/2004

Art. 106 – (1) The public social assistance services organized at the levels of cities and towns, as well as the persons who are involved in providing social assistance services within the communal local councils, have the following responsibilities in the filed of child protection:a) monitor and analyze the situation of the children located in their administrative - territorial range, as well as the enforcement of the rights of these children, by providing the centralization and synthesis of the relevant data and information;b) conduct the activity aimed at the prevention of the child’s separation from his or her family;c) identify and evaluate the situations which call for services and / or assistance for the prevention of the child’s separation from his or her family; d) draft the documentation which is necessary for providing services and / or assistance and grant these services and / or assistance, in accordance with the law;e) offer counseling and information for families who provide maintenance for children, on their rights and duties, on the rights of the child and on the services available at the local level;

Responsibilities of SPAS

f)  provide and monitor the enforcement of the prevention and eradication measures against alcohol and drug abuse, family violence, as well as delinquent behavior;

g) pay regular visits to the residences of families and children who benefit from services and assistance;

h) forward proposals to the mayor, in case it is necessary to undertake a special protection measure, in accordance with the law;

i) monitor the evolution of the child’s development, and the way in which the parents are exercising their rights and fulfilling their duties towards the child who has benefited from a special child protection measure, and was re-integrated in his or her family;

j) cooperate with the general department for social security and child protection in the filed of child protection, and provide it all requested information and data in this filed.

(2) At the level of the Bucharest sectors, the responsibilities stipulated under paragraph (1) are carried out by the general department for social security and child protection.

Art. 34 – (1) The SPAS will undertake all the necessary measures for the early identification of risk situations, which may determine the separation of the child from his or her parents, as well as for the prevention of abusive behaviors of the parents and family violence.

(2) Any separation of the child from his or her parents, as well as any restriction in exercising the parental rights must be preceded by the systematic granting of services and assistance stipulated by the law, with a special emphasis on adequately informing the parents, providing counseling, therapy and mediation for them, based on a service plan.

Service plan

Art. 35 – (1) The service plan is drafted and enforced by the SPAS that is established at the level of cities and towns, as well as by the individuals involved in social security issues within the communal local councils in whose administrative and territorial range is located the child, as a result of evaluating the situation of the child and of his or her family.

(2) In Bucharest, the DGASPC drafts and enforces the plan stipulated under paragraph (1), at the level of each sector of Bucharest.

(3) The service plan is approved through a decision issued by the mayor.

(4) The service plan is aimed at preventing the separation of the child from his or her parents. To this end, the SPAS/DGASPC support the access of the child and of his or her family to services and assistance focused on maintaining the child in the family.

(5) The service plan may result in a request for undertaking a special child protection measure filed by the DGASPC only if, after the services stipulated in this plan have been granted, it is noticed that maintaining the child together with his or her parents is not possible.

Service plan

Art. 111 – (1) In order to ensure the prevention of the child’s separation from his or her family, the local councils of the cities, towns, communes and Bucharest sectors, must organize, either autonomously or in association, daycare services, according to the needs identified within the respective community.

(2) In case the local council does not identify enough financial and human resources to organize the services stipulated under paragraph (1), upon the local council’s request, the county council will provide the necessary funding for establishing these services. The local council will provide funding up to 50% of the operational expenses of these services, the quota and the total amount of these expenses are established on a yearly basis, through a decision of the county council.

Daycare services

Art. 103 – (1) The local public administration authorities must involve the local community in the process of identifying the needs of the community and solving at the local level the social issues involving children.

(2) Community consultative structures can be created for this purpose, which may include, but which are not limited to, local businessmen, priests, teachers, doctors, local counselors and police officers. The role of these structures is both to solve concrete cases and to meet the global needs of the respective community.

(3) The mandate of the community consultative structures is established through documents issued by the local public administration authorities.

(4) The community consultative structures will benefit from social security and child protection training programs, in order to fulfill the role for which they have been created.

Consultative community structures

The roles of DGASPC

1. coordination and support the activity of the local public administration authorities in the field of social assistance and child

protection;

2.  methodological coordination of the activities meant to prevent the separation of the child from his or her parents;

3. providing the necessary technical assistance for the setting up and the training of community consultative structures as a from of support in the social assistance and child protection activity.

CLUJ

SATU

MARE

MARAMURES

HARGHITA

ARAD

ALBA

BIHOR

MURES

TIMISHUNEDOARA

CARAS SEVERIN

MEHE-

DINTI

SIBIU

VALCEA

DOLJOLT

SALAJ

SUCEAVA

GORJ

BISTRITA

NASAUD

BACAU

NEAMT

BOTOSANI

IASI

VASLUI

BRASOV

COVASNA

ARGES

TELEORMAN

PRAHOVADAMBO-

VITA

GIURGIU

VRANCEAGALATI

BUZAU

CONSTANTA

IALOMITA

TULCEA

BRAILA

CALARASIILFOV

BUCHAREST

S 1

S 2

S 3

S 4S 5

S 6

113

Cities, towns, communes

78

4451

98

70

111112

86

64

102

70

77

95

78

100

102

76

61

81

64

104

54

97

66

69

78 93

64 58

87

40 66

55

83

45

73

68

62

89

89

3173

Methodology for drafting the service plan

Support for hiring and training the staff

1. Number of SPAS set up 5415412. Number of persons hired in SPAS 68256825

19,6% of them have an university degree3. Number of persons hired by the local councils in the municipalities which do not have SPAS 38593859

1,6% of them have an university degree4. Number of consultative community structures 14821482

Measures taken to support the implementation of the Law no.272/2004

Situation at the end of March 2007

Collaboration methodology

between SPAS and DGASPC

Trainings programs of the SPAS staff- at national level -

I. October – December 2005 2600 persons from SPAS and DGASPC were trained on the

provisions of the Law no.272/2004; One day training sessions; One to three training sessions per county depending on the size of

the county.

II. March – June 2007 1000 persons from SPAS were trained on the roles and

responsibilities in the field of promotion and protection of child rights;

three days training sessions; One training session per county with 30 participants.

“The role and the responsibilities of social workers in the protection and the

promotion of child rights”- the content of the manual -

the protection of child’s rights in Romania; the role of family, the local authorities and the state in the protection and

promotion of child’s rights; positive parenting and the evolving capacities of the child; how to communicate with a child? the role of SPAS and of the social worker in the protection and

promotion of child’s rights; nondiscrimination; participation rights of children; best interest of the child; the right to identity; the right of the child to be raised and educated by the parents; the right to health and education; the right of the child to be protected against abuse, neglect, corporal

punishment and all forms of exploitation; child labor; networking.

Lessons learnt

1. Financial decentralization should also be addressed;

2. Strengthening the coordination capacity of the responsible institutions from county and central level;

3. Increasing awareness of the decision makers about the reasons of decentralization process and the difficulties that the local authorities and the staff are facing in order to make the decisions child and community friendly.