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Strengthening Policy-Making Capacities – National Security and Development Challenge for Georgia

The Concept of the Georgian Law "On Foster Care"

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Georgia is one of the three countries making up the South Caucuses, together with Armenia and Azerbaijan. The country has a long western border with the Black Sea, ...

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POLICY PAPERS
 

The Concept of the Georgian Law "On Foster Care"

April, 1999

PREAMBLE


1998 Working Plan of the Parliament of Georgia envisages adoption of the Law on Foster Care. The law shall determine a completely new institution of care for the children deprived of family care. The law shall give the children, who due to their fate, are deprived of love and care of their own parents and relatives, a new opportunity to live not in their own , but nevertheless, in a family settings.

This is a conceptual work for the law of Georgia "On Foster Care". Its goal is to create a conceptual background for the development of the above mentioned law. The document is aimed at the discussions for professionals, representatives of the government and the public in general. Each suggestion and comment shall be carefully analysed and considered so that to develop legal norms for the most vulnerable field of social life and, same time, be acceptable for our culture.

The work on the conception was being carried on in three main directions:

  • To study and analyse the world experience;

  • To study the possibilities of involving children from orphanages and boarding schools of Georgia in the system of foster care;

  • To investigate the attitude of the Georgian society towards the institution of foster care.
    Through Georgian mass-media the information about the creation of Foster Care System was advertised. During ten days more than 200 people made a call to the Parliament expressing wish to accept a child in one's own family for fostering. The consultants met and interviewed approximately 40 people of various age, sex , social status and nationality. As a result general idea on what requirements the society sets and what it expects from a new social institution had been formed. All these ideas found their reflection in the given document.

    Since Foster Care is completely a new concept for our society, we had considered it expedient to attach to the document a brief comparative analysis of Foster Care System currently existing in the world practice. The Appendix deliberately repeats the structure of the conception, to enable the reader to compare the world experience with the conception of the Georgian law easily. Naturally we could not have avoided certain repeating in these two documents.

    The second Appendix to the basic document deals with "The Appeal of Bair Foundation". This statement perfectly expresses the aspiration the modern world has towards the fate of the children deprived of family settings and love of close people. In our opinion it precisely depicts the mood and inspiration of the team working on the present document and, hopefully, will also be shared by the readers.

    While working on the conception the co-operation with the staff of various children's institutions of Georgia, numerous professionals of foster care, employees of the Informational Centre of the Parliament of Georgia, employees from the Georgian office of the UNICEF, all people who expressed desire to accept homeless children was invaluable. Our belief, that Georgia has vast resources to render assistance to homeless children, is based on the meetings with above mentioned people.

    The conception for the Georgian Law "On Foster Care" was developed by the consultant group of Strategic Research Centre upon the order of the Parliament subcommittee on Women and Children's Rights and Family development.

    The Concept of the Georgian Law "On Foster Care"

    DEFINITION OF THE GEORGIAN TERMS


    The practice of placing an orphan or a child deprived of parents care in specially selected family for fostering is widely known in the world. This practice in English is called Foster Care. Since the term "Care taker" in our legislation has acquired different connotation, we decided to propose another term "Entrusting for Care", precisely expressing the essence of the relationship.1 We do not exclude the possibility of finding some other more appropriate terms expressing the new concept.

    Content


    1. Introduction
    2. Foster Care - General Definition
    3. Who Is Subject To Foster Care
    4. Role And Rights Of The Government In The Provision Of Child's Well-being
    5. Financing Foster Care System
    6. Foster Families, Foster Parents
    7. Relationship Between Foster Child And Natural Parents
    8. Checking Conditions Of Foster Child. Institution Of Social Worker
    9. Termination And Cessation Of Foster Care

    Appendix 1: Comparative Analysis of Foster Care

    Appendix 2: An Appeal of Bair Foundation


    1. Introduction


    Today more than six thousand children are placed in the children's institutions (orphanages and boarding schools) of Georgia. Realising full responsibilities it should be acknowledged that in most of these institutions children live in unbearable conditions.

    The society is unaware of the real state of the children. It is not by accident that discussing the budget crisis a lot is said about unpaid wages/salaries and pensions, but nobody mentions that even that scanty funds apportioned to children's institutions by law, has been stopped.

    Multiple researches carried in western countries proved that children's development is retarded if they stay in such institutions too long assuming the living conditions are satisfactory. The children lack warmth and support of close people, they find difficulties in setting human relations, they are scared of external world. They have very little chance to occupy an honourable place in the society. Thus, western countries had been trying to find a substitute to children's institutions for the children under the government care, to create conditions very close to normal family conditions, for the last 50 years.

    The best option for orphans and children deprived of parent's care would be adoption. But, in fact, only very little part of the children kept in the children's institutions have chance to acquire new parents and new family. Most of them have either one or both parents, or close relatives, who seldom agree to lose links with child for good. In addition, in totalitarian and post totalitarian countries in Georgia among them, the adoption of a child above 3 years old, or with even insignificant deficiency, practically never occurs.

    Thus, involvement of a child in the system of foster care is the best alternative after adoption. Foster care enables child to be raised in family settings, feel care and love, satisfy one's vital and social needs. Child brought up in such conditions has more chance to take up an independent life of full value; firstly because he/she has acquired the knowledge of relations and the rules within a family- the foundation for any society.

    Upon the completion of foster care period, it is anticipated that the foster family will continue extending its attention and care later on. Very often foster care is accomplished with adoption.

    Though we should not create an illusion that with the introduction of foster care we will resolve all the problems of these miserable children. Nothing of this kind had ever happened in other countries of the world. The countries still run orphanages for certain cases, when, for example, either a fostering family is not found, or it is not considered expedient to place a child in the foster care. Thus, introducing the foster care institution in Georgia, we shall not stop caring for improvement of the conditions in the orphanages. Moreover, efficient and realistic state programs shall be set up to help the families in need.


    2. Foster Care - General Definition


    Foster care -placement of a child, usually under the supervision of the government, for fostering with people who will take care of a child in their own family and set up family environment necessary for his/her development. The people, as a rule are paid for that. They do not have parental rights on the child.

    Herein, we provide definitions of the basic terms connected with foster care:

    Foster parents (foster family) - people (their families) of legal age, who, upon the competent references, are entrusted a child for fostering;

    Foster child - a child, under the supervision of the government care system, placed for fostering with a foster family;

    Natural parents - a child's biological parents;

    Social worker - a professional upon whose recommendation all basic decisions connected with the foster care is taken;

    Support team - a group of social workers. A support team may comprise of psychologists, health, education and law experts together with social workers. The multidisciplinary team shall process individual plans for each foster child and monitor its implementation;

    Competent authority - an executor or a representative of the court authorities in the system of foster care.

    In order to provide sound functioning of the Foster Care System, rights and duties of all above mentioned people shall be defined, as well as the regulations determining the relations among them. The following questions require answers:

    • How to chose applicants for fostering?

    • What are the procedures for acquiring fostering right?

    • How is foster family selected for a particular child?

    • What amount is needed to support a foster family financially and in what amount should it be determined?

    • How the monitoring of the foster child's condition is conducted and what are the procedures for discussing problem situations and taking appropriate decisions?

    • In what circumstances is the fostering care ceased and what are the procedures deciding the further fate of the child?

    It is very important not to mix up foster care with adoption. During adoption all the rights of natural parents become invalid, and the child becomes permanent full member of the new family. While most of the foster children remain in the foster family temporarily, until it is decided that their return to their own families, or starting an independent life is no more considered harmful.

    Euro Union provides the countries where foster care is being introduced with the following recommendations:

  • Haste in developing rules and laws for foster care is inadmissible. Unpredictable consequences might bring misfortune to many children and adults;

  • Foster care is a complicated system, thus, it is impossible to develop absolutely flawless regulations;

  • First steps of foster care shall be carefully observed during first year so that to introduce appropriate amendments to the existing rules and regulations.


    3. Who Is Subject To Foster Care


    Foster children shall be selected upon the supervision of competent authority. The opinion of the directors of children's institutions shall be taken into consideration, as well as other employees. It should be noted, though, that most of the directors of such institutions consider that children gain a lot by being placed in a foster family. Thus, they are ready to cooperate with the authorities in this field.

    A child could be placed under Foster Care System directly without placing him/her in the children's institution.

    The child could get in foster system either on one's own accord, i.e. upon the negotiations of his parents, or close persons with a state agency, or forcefully, i.e. upon the decision of the court.

    The world experience shows (and the latter is proved by the preliminary investigations carried out for the purposes of the given draft) that parents and close people of children in the institutions are at the beginning against foster care. But once appropriate explanatory work in conducted to them they often give their consent.

    The process of establishing a new institution for children protection is justified to begin with placing those children with foster family who either do not have parents, or whose parents or close people are willing to place their children in foster care. It will simplify the creation of the new system and its managing.

    At the same time the possibilities of applying administrative measures should also be considered. The investigation conducted had proved that there are a lot of parents who neither visits, nor show any care for the child placed in the children's house. Apparently in such cases the government should have the possibility to create for the child subject to its care better conditions for raising, upon the decision of the court. Both professional nurses and directors share the opinion. They assume the current law of depriving parents of their rights is wrong. They allow immoral parents to retain all the rights of a parent if he/she at least once in six months keeps on visiting, enabling them to retain all the rights, including alimony from the child when becoming old or disabled.

    Prior to placing the child in foster care, child should be thoroughly prepared for the changes of his/her condition. Forceful placement of child in foster care is inadmissible. The child's preparation is to be conducted by a social worker.

    In accordance with the practice the siblings should be placed with the same foster family unless there is some specific reason against it. Competent authority is liable to take appropriate decision.

    Brief summary:

    • The candidates for foster care in the first place should be considered the children, who either do not have parents and close people, or whose parents and close people agree for placing the child under foster care;

    • If, resulting from the interests of child, competent authority, considers it necessary to place child for foster care, though parents and close people are against it, competent authority can address the court to take decision; thus, appropriate legislative norms are to be developed;

    • Child is to be prepared in advance and his consent is also required;

    • Siblings are to be placed within the same foster family unless there are certain hindering conditions.


    4. Role And Rights Of The Government

    In The Provision Of Child's Well-being

    Apparently the creation, funding and management of Foster Care System in Georgia shall be conducted completely upon the responsibility of the government. Today there is no institution other than the government which has organisational and resource capabilities enabling it to manage such a complex system. There are no foundations financially strongly oriented on the well-being of children, existing NGO's have neither experience, nor strength to carry on the work of such volume independently.

    In Georgia the responsibilities over the conditions of orphans and children deprived of parental care are shared by three ministries: Ministries of Education, Health and Social Welfare. The relationship among these three agencies, in connection with the above mentioned issues, is not clearly determined . The reason for this is the absence of unified governmental policy of assistance to the children in difficult circumstances: orphans, children deprived of parental care, handicapped, refugee, street, delinquent children.

    In all the countries, children's institutions of social care are not seen as shelters for the children deprived of care, aimed at resolving the propels of their physical and biological survival. In the advanced world the care of the society over the children's condition is, first of all determined as the world's liability to provide children with civic development, mandatory education, so that to acquire norms of sound social relations. Execution of corresponding functions professionally is, as a rule, possible within the education system which has adequate experience, is well equipped with necessary technique, advanced technologies for children care, qualified staff and adequate system of administration.

    Thus the governmental body responsible for foster care in Georgia most likely shall be the Ministry of Education. All conceptual and organisational conditions have been prepared in the Ministry for these purposes: most of the children's institutions are under subordination of the Ministry of Education; within this system basic competence in the issues under discussion could be found; the employees of The Department of Pre-school Care, Protection of the Rights of Boarding Schools and Children have the best knowledge of the situation existing in the country, have experience of dealing with all the organisations within the administrative system, have already acquired the norms of culture established within the system, are aware of the political priorities of the system. The representatives of the department are capable to carry the functions of a competent authority in Foster Care System; Gogebashvili National Institute of Pedagogical Sciences, which can be transferred into the centre for methodological leadership and practical implementation of Foster Care System is under the administrative subordination of the Ministry. Using the Institute as a base, it is expedient to create the institution of a social worker in Georgia logically coming under the competence of the Ministry of Education.

    Moreover, the employees of the Ministry of Education shall necessarily be trained to implement the functions of competent authority efficiently.

    In principle the obligations of the institution of competent authority could be equally well assigned to some other government organisations. If such decision is considered more expedient, structural reconstruction within the existing administrative system will be required, as well as introduction of certain amendments into the legislation.

    A competent authority is the main responsible person for protection the rights of a foster child.

    A competent authority is liable:

  • To create the data base of foster children and potential foster families;

  • To conclude a contract on behalf of the government with foster parents;

  • To take decision on siblings separation, if necessary;

  • To assign a social worker to each foster family and to receive reports about the conditions of foster child;

  • To stop foster care if necessary;

  • To decide further fate of the child upon the cessation of foster care.

    Once foster care goes through initial approbation, necessary knowledge and experience are accumulated, appropriate training is conducted throughout the regions of the country and local social workers emerge - the functions of competent authorities shall be carried out by the employees of the Guardians' Councils of the regional departments of education.

    Though, in terms of the given conception the main responsibility lies on the government, which guarantees that a child in need shall get assistance, it does not exclude participation of NGO's in children's well-being. The collaboration between the government sector and NGO can become very fruitful. Moreover, sometimes NGO-s conduct such services the government fails to provide.

    There have been a few Non-governmental Organisation in Georgia taking care of children's well-being. The employees of these organisations are well motivated to help children. They are well aware of the conditions of children, have been working to assist orphans, children deprived of parental care, refugee, street children for years. The employees of these organisations are as a rule professionals, and after a short term training courses, they will be able to carry out the functions of a support team in Foster Care System.

    Brief summary:

  • a competent authority is the main responsible person for protection of the rights of foster child;

  • the Ministry of education is expedient to be assigned as an organisation to organise introduction of Foster Care System and its management;

  • public servants shall take appropriate training to conduct the functions of competent authorities;

  • upon the training of the employees, the local bodies of Care and Guardian shall be assigned to carry out the functions of competent authorities;

  • the collaboration between the government and non-governmental organisations in the field of foster care shall be conducted on the basis of a contract.


    5. Financing Foster Care System


    The funding of foster care shall be implemented by the government. However, parallel to it private charity foundations could either completely or partly allocate funds necessary for foster care.

    The funding of foster care shall come from the central budget. Foster Care shall be a state program.

    The financing of the foster care shall be necessarily be implemented by the central budget and not from the local budget, because it will be better that the government is implementing the unified government policy towards children despite their regional location. If foster care were financed by the local budget, it would lead to additional difficulties, for example, foster care might be left out of the priority list and, thus, the local authorities might not be expressing their interest in it. There is also likelihood that certain regions will run behind in filling up their budget resources and foster care could be left without funds.

    The funding of foster care as a state program is reasonable because it will facilitate determination of the program goals in detail and taking up appropriate activities, determination of the program management funding, etc.

    Foster care does not require seeking for extra funds. The resources necessary for its financing is basically envisaged in the country's budget - funds allocated for each child in the children's institutions. The financing of foster care will occur through redistribution of the funds and not through demanding new monetary resources.

    The sum paid to foster family conditionally consists of two parts : one - to support the child, another -payment for foster parents. The income received is subject to taxation in terms of the regulations currently in force in Georgia. In addition, it will be necessary to finance infrastructure servicing Foster Care System.

    In other countries of the world, as well as in Georgia foster care costs significantly less, than keeping a child in the institution.1 During foster care the funds are more rationally and efficiently spent. This is the rare case of management when one can do more by spending less.

    It goes without saying, that the financing of Foster Care System shall have absolutely sound governmental guarantees.

    The sum of the amount to be paid to foster family shall be permanently adjusted in terms of the actual money value. Since significant devaluation can result in stopping the funding.

    If a foster child receives pension or alimony competent authority shall decide how to give out the government allowance envisaged for foster care.

    The treatment expenses shall be incurred by the government in terms of the government program designed for the children in the children's institutions.

    According to some opinions distribution of the sum allocated for the payment of foster family between the natural parents of the child is considered more justified and they would take better care of their own children. Today when most of the people live beyond the poverty line this approach might result in various types of fraud, on the other hand, the researches carried out in different countries throughout the world proved that the relationship between the poverty of the family and placing the children in the children's institution is not unilateral. Thus, together with Foster Care System the country should have the programs for assisting poor families with children.

    Brief summary:

  • the government shall render financial assistance to foster parents;

  • the basic part of the financial allowance shall comprise the sum necessary for taking care of child;

  • financial allowance shall be regularly adjusted in terms of the actual money rate;

  • the government is responsible to incur expenses connected with the treatment of a child;

  • no child could be placed in foster care unless there are reliable government guarantees that foster parent will not be cut off the financial allowance.


    6. Foster Families, Foster Parents


    Foster family shall share with foster child family life experience to provide his normal development. Selection system of the families shall be worked out.

    In order to conduct a normal fostering foster parents should enjoy almost the same rights and liabilities as natural parents during fostering period.

    Though there are certain exceptions:

  • In order to present the interests of foster child in front of the third persons, including the court, foster parents shall need authorisation. Competent authority is entitled to issue this authorisation;

  • Foster parent has no right to move foster child to a new residential place within the country unless there is a agreement with competent authority;

  • Foster parent has no right to take foster child abroad;

  • Foster parent has no right to use physical punishment against foster child;1

  • Foster parent has no hereditary or alimony liabilities towards foster child.

    People eager to become foster parents shall apply to Guardian and Care body at one's residential place.

    The status of foster parents may be assigned to spouses in case of willingness from both parents, or to a single parson. Mandatory restrictions to be reflected in the law from the very beginning are as follows:

  • Persons considered incapable by the court are not able to become foster parents;

  • Persons being deprived of parents or guardian's right before are not able to become foster parents;

  • Persons once being deprived of foster child due to their inadequacy for this type of activity are not able to become foster parents.

    As far as other criteria are concerned, such as age, health, accommodation conditions, financial conditions, availability of time, composition of the family, etc. it is not expedient to be determined by the law at present. However, some of the parameters might become necessary to legalise later, after some time of functioning Foster Child System.
    The placement of foster child with his close relatives is considered as the most complicated issue. There are different opinions concerning it. On the one hand, all researchers admit that it is very helpful for a child, in general, to be fostered within the family home of a close relative and to share the common roots with fostering family. Even a special term "expanded family" exists. But, at the same time, some doubts emerge: "Why did not close relatives accept the child immediately after the child become vulnerable; why is he/she demanding remuneration for taking care of a relative?" etc.

    There is another problem. How should we behave in Georgia? On the on hand, relative bonds in our culture are very developed; when a relative is in need, nobody questions whether to help him/her or not. On the other hand, extreme poverty made it almost impossible for many people to raise their own children normally, let alone to render assistance to others. In such situations comes up an idea that upon the investigation of all conditions by a social worker competent authority shall make decision is each particular case separately in accordance with the regulations established. It goes without saying that the conditions of foster child placed in close relative's home for fostering shall be conducted in terms of general rules accepted within Foster Care System.

    People who want child to be entrusted for fostering have to meet psychological and moral requirements together with the formal criteria of evaluation. For this reason the applicant must be additionally investigated. In general evaluation the most of the endeavour shall be directed to this investigation, since the results of the above are considered most important for making the final decision. The evaluation of a potential foster family shall be conducted by trained and experienced social workers.

    The evaluation report of a social worker shall be submitted in written form. The report must contain objective evaluations, such as: the age of potential foster parent, health condition, social status, religious belief, information on general income of the family, information on family composition, whether family members have time to look after the child, living conditions. Moreover, the report should reflect the motivation for taking child for foster care, the attitude of each family member towards accepting foster child, the attitude of each family member towards the relationship between foster child and his/her parents, fostering skills, how many and what type of children (age, sex, religious belief, etc.) do the potential foster parents are willing to accept for fostering care. The report shall not be pure descriptive. It should include an expertise summary and recommendation on how many and what type of children it is expedient to be placed with the particular family.

    Future foster parents are liable to answer correctly and sincerely all the questions given by a social worker.
    The social worker will submit the report to competent authority. The final decision shall be made by the latter. Those refused shall be notified within the terms established. The decision could be taken to the court.

    During the investigation period social worker shall conduct explanatory talks concerning foster child. Short-term training for foster parents are considered expedient. The courses could be arranged either in the government or non-government organisations the social workers work for.

    Upon reaching the agreement between foster parents and competent authority concerning fostering of a concrete child/children, foster parents sign a contract with the government. The contract shall reflect both rights and liabilities of both parents. The social worker, who had investigated the potential family and evaluated it, is expedient to be attached to the family during the fostering period.

    Foster parents have right to acquire full information concerning the child and his/her natural family, to learn about the reason the child came under the government care, the health conditions of the child, etc. Foster family shall receive all the enlisted documents about the child. During the fostering period foster family shall compile the documents necessary for the child.

    If during the fostering period emergent situation arises - a child dies or gets lost, undergoes a surgical operation, etc. - foster parents shall immediately notify social worker about it.

    In order to disseminate this form of foster care it is necessary to increase the quantity of potential foster families in the country. Both competent authority and social workers must facilitate to forming foster families. Mass-media shall be widely involved in the process.

    Brief summary:

  • Foster parents have almost equal rights and liabilities with natural parents;

  • Persons having expressed willingness to become foster parents should meet certain physical, psychological and moral requirements which should be evaluated by a social worker, but the final decision is made by a competent authority;

  • Foster parents are liable to give open and fair answers to the questions of the social worker;

  • Foster parents sign a contract with the government which shall comprise rights and liabilities of both parties;

  • Foster parents shall get a complete set of the documents belonging to the child;

  • In case of emergency foster parent is liable to notify the social worker;

  • If foster parent does not accept the competent authority's decision to take the child away from foster family, the case will go to the court;

  • The competent authority together with social workers shall facilitate to forming new foster families in the country.


    7. Relationship Between Foster Child and Natural Parents


    Very often foster parents consider themselves as natural parents and refuse to accept that the child is with them temporarily for fostering reasons. Frequently even natural parents prefer to keep their child in the children's institutions rather than in a foster family; they are scared of losing links with the child. In both cases explanatory work should be conducted; the parents should be explained that the interests and well-being of their child are of utmost importance rather than parents'.

    Professionals agree that foster children profit from the relationship with their natural parents. Not a single country is against such relations. But this issue requires careful approach and control which lies on a social worker.

    The social worker shall determine the forms of relationships between the child's new family and his/her natural parents and close people from the very beginning.

    As a result of consultations of the social worker with natural parents, potential foster parents and the child depending on his/her maturity), the former shall work out a plan determining the foster child's relations with his/her natural parents and close people.
    The plan shall then be submitted to the competent authority in writing. The plan shall be attached to the contract concluded between the government and foster parents and accepted by all the parties involved.

    Natural parents have right to receive information concerning new condition of their child from social worker. In case of emergency either competent authority or social worker shall immediately notify natural parents about it.

    Natural parents have right to demand that their child's religious belief be taken into consideration during all the fostering period.

    Natural parents have right to sue a case for getting the child back home if they succeed to prove that the problems causing the placement of the child under foster care have been overcome. Adequate decision shall be made by competent authority upon the recommendation from social worker. In case of disagreement between the parties the case will be taken to the court.

    If the contact of the child with his/her natural parents is considered harmful, competent authority upon the recommendation from social workers has right to prohibit child from the contacts with his/her natural parents. In case of arguments the final decision is made by the court.

    Brief summary:

  • It is useful for foster child to have contacts with his/her natural parents and close people; he/she should not be restricted from it;

  • Social worker shall draw up a plan of relationship of a child with his/her parents and close people;

  • The plan should be accepted by foster parents, natural parents, child and competent authority;

  • The plan should be attached to the contract concluded between foster parents and the government;

  • In certain case natural parents have right to demand the return of their child to his/her own home;

  • In certain cases competent authority has right to prohibit the child not to have personal contacts with his/her natural parents;

  • Natural parents have right to acquire information about the well-being of their child from social worker.


    8. Checking Conditions Of Fostering Child.
    Institution Of Social Worker


    Foster care shall provide physical, social and intellectual development of the child. An infrastructure providing each child with the conditions for normal development and monitoring the fulfilment of these conditions on a permanent basis shall be established. The leading role within this infrastructure is given to a social worker who is responsible to give adequate recommendation so that adequate decisions are taken. The social worker shall be fully acquainted with Foster Care System, able to determine social and psychological priorities and give ethical evaluations.

    Basic duty of a social worker is to examine physical, psychological condition of foster child during the period of foster care. Taking into consideration the experience of other countries, visits of a social worker to foster family once a month for the first six months at the beginning of foster care is considered expedient, later this periodicity can be changed into once every three months. In addition, once every six months social worker is liable to submit a report on the condition of foster child to competent authority. If social worker assumes that foster parents are fulfilling their duties carelessly the former shall notify competent authority about it immediately.

    The decision on ceasing foster care shall be taken by competent authority. It is also his responsibility to decide whether they are inappropriate to carry on foster parents activities. The decision is subject to referring to the court.

    The basic functions of social worker are:

    • To examine potential foster family, to find physical and psychological stability of the family;

    • To carry out preparatory work with potential foster parents by the end of which they will decide whether they are cut out for this kind of work;

    • To study all the circumstances in connection with the child to be fostered and to select a foster family for a particular child;

    • To prepare child to new settings for his/her placement with foster family both before placement and after stopping foster care;

    • To monitor physical and psychological, emotional stability of foster child;

    • To apply foster parents' assistance in solving problems possible to emerge in the relations between child and foster family members;

    • To facilitate creation of set of documents for child during the fostering period by foster family;

    • To draw up a plan concerning the relationship of foster child with his/her natural parents and relatives and to facilitate to its fulfilment;

    • To prepare recommendations to decide child's further fate in case of termination or ceasing foster care.

    Social workers are members of government or non-government organisations or agencies. If social workers are employed by government organisations, they are considered as public servants.

    The payment of social workers - members of non-government organisations contracted by the government - depends on the quantity of fostering children under their supervision. Competent authority can sign a contract not only with a single social worker but with the support team as a whole. In the latter case the types of services proposed by the team to the government will also be taken into consideration.

    At present me do not have social workers in Georgia, but in reality situation is following: there are quite qualified staff of pedagogues and psychologists. More over, a lot of them have the experience of working with children deprived of family care. after corresponding treeing they can easily perform social workers function in the foster care system. As experience of other post socialistic countries shows the treeing of professional pedagogues and sociologists require several weeks.
    For organising treeing and for support of creation social Workers profession in Georgia Government can request international organisations active in Georgia. Foe example one of the priorities of UNICEF is support of Georgia's government in implementation foster care system in Georgia.

    At the same time we have to mention that in the future it's appropriate to establish special school or faculty for social workers, because as it is widely known the function of social worker are not restricted only with working for the foster care system.

    Brief summary:

  • Basic decisions within Foster Care System is taken upon recommendation of social workers;

  • The government shall monitor physical, psychological and emotional stability of foster child;

  • Monitoring is carried out by social workers;

  • At the beginning of foster care, social worker shall visit foster family once a month for the first six months, later this periodicity can be changed into once every three months;

  • Once every six months social worker is liable to submit a report on the condition of foster child to competent authority;

  • If social worker assumes that foster parents are fulfilling their duties carelessly the former shall notify competent authority about it immediately.


    9.Termination And Cessation Of Foster Care


    Child fostering can be short-termed, but it can also last for years.
    Officially foster care is terminated when child is able to return to his family, or when he achieves the age when foster care is terminated. Foster care can also be terminated if the placement of child in the children's institutions is considered expedient.

    The presence of foster child in foster family can be ceased upon foster parents' accord. Foster parents are obliged to notify social worker about their wish and keep on taking care of child for two (one?) weeks after the notification. Nobody can force foster parents to continue performing child fostering . However, competent authority and social worker should take all preventive measures to keep child in the same foster family permanently.

    Competent authority stops foster care if foster parents fail to fulfil their duties fairly.
    In case of foster care cessation measures should be taken to place child with new foster family.

    Termination age varies from country to country. In Austria it is 16, in Scandinavian countries and the Netherlands - 18, the UK - 19, Belgium, Federal Republic of Germany and some states of the United States - 21.

    Since full legal age in Georgia is 18 and taking into consideration current social and economic situation of the country, leaving child under foster care until he/she becomes of age was considered expedient.

    Brief summary:

  • Foster care will be terminated if child returns to his/her own family, is placed in the children's institutions or becomes of age;

  • Foster care can be ceased upon foster parents accord or the decision of competent authority;

  • In case of foster care cessation competent authority is responsible to think about child's further fate;

  • Both social worker and competent authority are liable to protect foster child from the danger of foster care cessation.

    * * *



    Prestudies, especially the meetings with the people having expressed their wish to accept children for foster care, assured us that Foster Care System in Georgia has future.
    At the beginning Foster Care System will enable only a few hundred of children to be raised in better conditions. But once Foster Care System acquires recognition in the public and its procedures are improved, more and more children will become able to gain from this system.


    Annex 2

    An Appeal of Bair Foundation


    Dedicated to the mission of finding families for children and teens who would otherwise have to face the world alone.
    Keywords -"bair foundation, foster children, foster homes, abused children, emotional abuse, physical abuse, neglected children, foster parents, helping children, child care services, christian foster care, non-profit organization, troubled youth, case manager,

    "Children are a gift of the Lord" Psalm 127:3

    "Whoever welcomes this child in my name welcomes me"... Luke 9:48

    Bill and Marilyn Bair, answering the call of the Lord, began taking troubled teens into their home in 1967. From this humble beginning, The Bair Foundation has grown to provide child care services in several states.

    Today, The Bair Foundation remains true to the original vision of its founders, and is dedicated to the mission of finding families for children and teens who would otherwise have to face the world alone.

    Every day, hundreds of children in our communities are abused or neglected, often in the so-called safety of their own homes. The emotional and physical pain experienced by these young people is difficult, if not impossible, for most of us to imagine. The statistics are staggering, but even more important than the numbers, are the young lives behind those numbers. These boys and girls desperately need the love and support of a family, but they find only anger and pain instead.

    Though the problem may seem overwhelming at first, there is a solution. All that it takes is people, like you, who are willing to share their hearts and homes with a child in need.

    Foster parents come from all walks of life, but they all have one very important thing in common...they love children. No matter what your race, age, or financial circumstance, you can make a child's dreams of a loving family come true. By becoming a foster parent, you become part of the solution.

    Becoming a foster parent begins with a phone call. Once you've expressed your interest, The Bair Foundation becomes your partne in creating a nurturing foster family. We'll be with you every step of the way.

    This innovative training and orientation program helps individuals and families to decide if foster parenting is right for them. Each session offers candid interaction with our staff, and with other foster parents.

    This process helps us determine which child's needs would best complement your strengths. In this step, we find just the right child for you, and help to nurture your new foster family.

    The Bair Foundation provides emotional, as well as financial, support to its foster families. The foundation provides a daily stipend to help cover the costs of an additional family member. In addition, foster parents are not responsible for any medical expenses incurred by the child. A special needs fund helps with extra expenses, such as braces, or a trip to summer camp.

    The greatest reward for being a foster parent, however, comes from showing a child what it really means to be loved.

    The Bair Foundation knows that only when children are given love and commitment, are they able to love others and themselves. And only when they feel safe in loving, will they truly be able to enjoy their greatest gift...just being a child.

    For more information about how you can change a child's life, contact SRC.