Transcript Hersteld vertrouwen in de toekomst

The work of Nidos
Working process in relation to UMA’s and Dublin
Introduction
Speaker: Germa Lourens, guardian and Dublin official at Nidos
Summary
• Nidos as the legal guardian for UMA’s in the Netherlands;
• Nidos’ role in Dublincases;
• Concrete cases;
• Conclusions and recommendations.
Nidos as the legal guardian
•One organization for guardianship for UMA’s in the Netherlands;
•Nidos is appointed as guardian by the Juvenile Court;
•Guardianship is immediately organized upon arrival of an UMA in the
Netherlands;
•Nidos is a professional organization - all guardians have a Bachelor
degree in Social Work
• Head office in Utrecht;
• Seven regional offices;
• Five special teams.
Different guardianship measures
Several measures:
• (temporary) guardianship for UMA’s;
• Provisional guardianship for children with parents;
• Family guardianship.
These measures are laid down in the Dutch Civil Code.
Mission of the guardian
The duty of the guardian is:
• Give the interest of the child the highest priority;
• Assisting an UMA towards independency;
• Intervene when the development of the child is threatened in any way.
Accommodation for UMA’s
• Foster family; (roughly 0 – 14 years);
• Process Reception Location (roughly > 14);
• Protected shelter (victims of trafficking).
Special attention for Dublin
Why?
• Experiences of UMA’s in other EU MS;
• Nidos’ obligation to transfer the guardianship to another guardian
based on the Dutch Civil Code.
Nidos’ role in Dublin-cases
• Obligation to transfer the guardianship (based on the Civil Code);
• Investigating the actual situation after a transfer (guardianship and
accommodation);
• Sometimes resisting a transfer if there are no guarantees;
• “Dublin-pool” with lawyers and psychologists.
Family reunification under the Dublin
Regulation
• Working closely together with the Dutch authorities (IND, unit Dublin);
• Role of Nidos in relation to UMA’s with family members elsewhere;
• Role of the IND in these cases;
• Nidos transfers the relevant information about the development of a child.
Concrete cases:
Sixteen year old Afghan boy with a brother in Norway;
One year old twins in Greece.
European project: “Dublin support for
guardians”
• Project with France Terre D’Asile and Caritas Belgium;
• Aims to provide concrete information for guardians;
• Nidos provides with a helpdesk for guardians from other EU MS.
Observations so far
•
Different interpretation of the judgment MA & others;
•
Tracing (art 6-4 Dublin III);
•
Individual assessment.
Challenges
•
Little time for assessing the child’s best interest;
•
No judicial review by radically decisions;
•
No legal remedy by a rejection on a request based on 8-1 or 8-2
Dublin III;
•
Dilemma’s in cases of reunification concerning minors with family
members in EU MS like for example Italy.
Thank you for your attention !