SOP BID

Standard Operating Procedures for the Best Interest Determination of the Child (BID)

Draft Document

Field Office Pugnido, Gambella, UNHCR Ethiopia

Drafted by Hailu Kibret, Senior Field Associate

2011

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TABLE OF CONTENTS

Background.............................................................................................….... 1

The Need for the SOPs……….……………………………………………...2

Underlying principles………………………………………………………..3

Formal Best Interest Determination – concept……………………………..3

When is BID required.……………………………………………………….3

Persons involved in the bid process …..…………………………………….4

Saffing of the BID Process and Responsibilities…………………………....5And Responsibilities of Persons involved in the BID processes……….......5Glossary of Terms and Definitions ……………………….……….………...7

Annexes ……………………………………..………………………………...7

Checklists for BID Welfare Officers..................................…..8

Checklists for BID Panel…………………………….………..9


Background

1. Best Interest Determination (BID),

A best interest determination describes the formal process designed to determine the child’s best interests for particularly important decisions affecting the child that require stricter procedural safeguards. Such process should ensure adequate child participation without discrimination. It should also allow the views of the child to be given a weight in relevant areas of expertise, and balances all relevant factors in order to assess the best option.

UNHCR and its partners will have to conduct BID in order to take the right actions that could affect children. These include,

The identification of durable solutions for unaccompanied and separated refugee children,

Temporary case managements for unaccompanied or separated children in exceptional situations and,

Possible separation of a child from his or her parents (Guardian) against their will.

2. The Need for SOPs

UNHCR child protection guideline and policy stress the need for each office develop SOPs so as to ensure fairness, transparency and efficiency of the BID process, hence office specific Standard Operating Procedures (SOPs) will need to be put in place. Whenever possible, these should be based on existing SOPs, adding relevant sections on the BID process, using these Guidelines. Such office specific procedures should be developed in co-operation with partners and take account of the national context and operational realities.

As of August 2012, Field Office Pugnido has identified up to 1,460 Unaccompanied and separated children being assisted along the general population in both sites in Fugnido. However, in the past, there wasn’t an operational partner and also an SOPs in place, there has been a gap in addressing child related issues in a durable manner. Hence, as explained above, the need to conduct BID in order to strengthen efficiency in child protection endeavor in FUF is given a due attention and developing such office specific SOPs has become the best way to deal with the issue. This SOPs has taken into account the operational realties, including the size of the operation, both the presence and capacity of implementing partners on the ground the recent fact that SCI is already on board implementing various activities, including child protection will further enhance the systematic identification of child protection issues, and also the number of potential child related protection issues that might need BID. While this draft is initiated by UNHCR staffs at Filed Office PUGNIDO, the final document will be produced after the necessary inputs and comments are considered from UNHCR staff at SOG, BO and IPs.


3. Underlying principles supporting BID

UNHCR is committed to protecting and promoting the rights of children, including adolescents, falling under its competence. In doing so, it is guided by the rights and principles enshrined in the CRC. The principle arising from Article 3 of the CRC, that the best interests of the child shall be a primary consideration, must therefore be applied in a systematic manner for any action by UNHCR and partners that affects children of its concern. It applies to actions affecting children in general or specific groups of children, as well as to those affecting individual children of concern.

4. Best Interest Determination (BID)

Formal BID is a means to ensure that specific protection and assistance is provided to children who are or may become deprived of the protection of their family. It is a tool to ensure that all factors and rights under international law are taken into account when making a decision that has fundamental impact on the child. The formal BID provides the means for the child’s participation in the process of the BID ensuring that the child’s views are being heard and given the due weight according to his/her maturity and ability. Through the individual child-focused approach, the formal BID may also identify protection gaps affecting individuals or groups of boys and girls of concern monitor the effectiveness of the measures taken in the past to address gaps and enable follow up actions if needed.

5. When is BID Required?

Formal BID is required in the cumulative presence of the following three conditions: 1. Parents are absent, do not or unable to meet the best interest of the child.2. The decision has fundamental impacts on the future of the child. 3. Complex balancing of factors and rights is required to determine the best

interest of the child in the individual case.

On these criteria, three situations have been identified as a formal BID by UNHCR and its partners are,

a. To identify durable solutions for unaccompanied and separated children or IDP children.

b. To decide on temporary care arrangements for unaccompanied or separated children in a complex situations.

c. To decide on separation of the child from his or her parents against their will.

A formal BID must be undertaken as early as possible in the displacement cycle. Therefore UNHCR or its partners should not wait until prospect for durable solutions emerge.

. 6. Persons involved in the BID Process

In order to ensure the effectiveness of the BID process, as part of a child protection tool, it is quite necessary that UNHCR and its partner staffs, who handle the BID process, should have a solid knowledge and experience on child rights and domestic violence, international refugee law, refugee durable solutions policies and an experience in


working with children. Accordingly, this SOPs has taken into account the above approach in assigning roles and responsibilities of all officers involved in the process including, the BID Supervisor, BID welfare officers, members of the BID panel and their alternate members.

The following are persons from UNHCR, the government and implementing partners who will be involved in the process.

1. BID Coordinator: Protection Officer/ Associate, Field Office Pugnido

2. BID Supervisor: Community Services team, UNHCR, Field Office Pugnido

3. BID Welfare Officers: Community service Officer, UNHCR, Field Office Pugnido Community Services, (Child protection officer),, SCI Protection associate, UNHCR One social worker , Refugee

BID Panel Members:- Protection Associate, UNHCR, Field Office Pugnido - Community services team, UNHCR, Field Office Pugnido- Protection Officer, ARRA, Field Office Pugnido- Community service officer (Child protection officer), SCI

Alternate Panel: - Primary School Principal, ARRA, Field Office Pugnido - Senior Field Associate, UNHCR, Field Office Pugnido

7. Saffing of the BID Process and Responsibilities

7.1 Roles and Responsibilities of BID Coordinator

Provide guidance, advice, suggestions to BID supervisors if necessary, both on the BID process and on individual cases;

Monitor through the BID Supervisor the implementation of the decisions of the Panel and eventually recommend follow up measures;

Ensure consistency between BID procedures in the various Sub and Field Offices;

Collect the BID Report Forms from the various Field Offices.

7.2 Responsibilities of BID Supervisor

Provide the BID team with an adequate training on BID Guidelines, data collection, how to interview children,

Organize a meeting with all the NGOs working on child protection or child related issues in order to define roles and responsibilities in the BID process,

Together with the responsible colleagues identify how to properly inform the refugee community on the purposes and process of BID,

Review BID reports prepared by the BID welfare Officers, before the reports are submitted to BID Panel,

Initiates meeting of the BID Panel, Collect the decision of Panel and ensure referral pathways for proper follow

up on action,


Prepare update reports on the BID processes and submit to BID Coordinator,

Amend or update Standard Operating Procedures based on the BID Guidelines,

Ensure that all the persons of the BID team sign the Confidentiality Oath, File, update master-list, keep tracks and trends in the BID processes, Ensure safely and management of the physical files

- All the BID cases (BID report form, documents and information collected, protocols of interviews) shall be filed and kept in a secure location,

- Ensure that a copy of the BID File follows the child, while a copy must remain with UNHCR,

- Keep an action sheet in each individual BID file in which all steps of implementation of the BID decision are recorded,

Work with Data Verification Clerks to update information about BID in the proGres database for each case of child BID fro whom BID has been done,

Provide feedback to the child concerned, Request the Panel to reopen or review a BID decision, when the case

warrants The alternate members of the panel should be responsible for carrying out the review,

7.3 Roles and Responsibilities of BID Welfare Officers

Review files, previous documents such as regional documentation forms (RDF) and any other relevant documents about the child,

Check the accuracy the name, age, registration number and address of child,

Conduct visit to a place of residence to observe the living situation and home environment of the child,

Conduct interview with the child in a child friendly environment, Hold interview with caretaker (foster families), teachers, relatives, camp

leadership, NGO staff, and teachers, Write BID report and submit the report to the BID Supervisor, Substantiate BID reports upon request of the BID Supervisor

7.4 Roles and Responsibilities of BID Panel

Hold regular meetings to review the recommendation by the welfare officers,

Determine the best interest of the child, action to be followed up by child protection agency, UNHCR and ARRA,

Record, through the rotating minute takers, on the decision made about the cases,

When situation requires, call the BID supervisor to be briefed on the action taken on the previous recommendations,

Review the cases, reopened upon the request by the BID Supervisor

7.5 Identification of cases in need of BID cab be identified through or by:- Reception UNHCR, ARRA, RaDO- Refugee Central Committee, Refugee Committees, Women Associations,

Elders and Disabled Associations - Refugee social workers (ARRA &UNHCR) - Child Rights clubs (RaDO)- Child Friendly Spaces (RaDO)- Mini-Youth Clubs (RaDO)


- Letters (ARRA, UNHCR)- Registration (ARRA, UNHCR)- ProGres database UNHCR

7.6 Cases referred to verification of necessity of BID - RaDO child protection section makes verification on the status of the child - Cases can be also verified with the UNHCR’s Database

7.7 Best Interest Assessment - BID welfare officer prepare the report and submit to BID Supervisor

7.8 BID Report Submission Panel- Supervisor review the report and submission to the BID Panel

7.9 Decision by BID Panel- BID Panel review the cases and make decisions

7.10 Follow Up Action - Decision reached by BID Panel is communicated to BID Supervisor for

follow up action -

7.11 Action by BID Supervisor - BID Supervisor in turn can refer the case to the appropriate agency or

body where action measures can be taken about the cases

7.12 Potential Reopening of the case - BID Supervisor can request the panel to reopen the case and review as

the situation warrants 7.13 Feedback to the BID of the child

- BID Supervisor informs the child of the action taken or to b taken concerning his or her case

8 Glossary of Terms and Definitions

8.3 A Child:A child means any person under the age of 18 years

8.4 Separated children:Separated children are those separated from both parents, or from their previous legal or customary primary care-giver, but not necessary from other relatives. These may include children accompanied by other adult family members.

8.5 Unaccompanied Children (also called unaccompanied minors): Unaccompanied children are those who have been separated from both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so.

8.4 Orphans:Orphans are children, both of whose parents are known to be dead.

8.5 Best Interest Determination (BID):


The BID is a formal process with specific procedural safeguards and documentation requirements that is conducted for certain children of concern to UNHCR.

Best Interest Assessment: The best interest assessment is a continuous process that starts from the moment of identification, and continues throughout the displacement cycle until a durable solution is reached.

Annex I - Checklist for BID Welfare Officer

Review of Documents: - Before embarking on interview of the child and persons close to him, have all

the possible options been explained and clarified?

Home Visit - Have you visited the child in his/her home environment? - Have you clearly listed your observation of the child, relationships and

their home atmosphere? - If not possible, have you explained why or why not?

Interview: - Have you interviewed the child in a friendly environment?- Have you interviewed persons close to child?- The caregivers (e.g. foster parents) - Extended relatives- Relatives outside home - NGOs Staff working in the camp- Camp leadership- Neighbours (length of time known)- Other children in the care arrangement- Teachers- Others

Bid report form - Have you checked to make sure that ALL the information is on the front

page?- Have you double checked the accuracy of names, birthdates, ages (do

the calculation from the date of birth ), address, and registration?History

- Is the child’s story and separation from parents confirmed by a NON-family member?

- If there is no one to confirm, is this fully explained? - Has all information been cited to its source?

Tracing of relatives - Have all efforts been exhausted in identifying and tracing parents and

explained in your report? - Are contact numbers listed? - Have you listed the location of all relatives, including name and

registration number?


Documentation - Have supporting letters/custody agreements been signed, translated (if

necessary), scanned, and attached? - Have other documents such as medical reports/school reports been

translated and attached to the BID report form?- If there is no documentation available, have you fully explained why?

Annex II - Checklist for BID Panel:

Different BID panel members should have the following expertise: - A solid understanding of child rights - An understanding of international refugee law, refugee durable

solutions, policies, and an expertise in working with refugees - A thorough knowledge of the practical implications of the different stages in

child and adolescent development and psycho-social well-being - Knowledge on specific protection risks such as trafficking, recruitment, sexual

and gender-based violence - An understanding of the procedural aspects of the BID - Knowledge of the legal context and protection implication of the BID - An understanding of the cultural and religious background of the child

Steps in reviewing the BID report forms - Check that all the Child’s Bio Data are correctly reported in the BID Report

Form- Check that the history of the separation/flight or the assessment of abuse or

neglect is consistently reported and clearly drafted;- Check that all the documents utilized to draft the recommendations are

available and attached to the BID report form;- In case of resettlement for family reunification ensure that the

parents/relatives were telephonically contacted and interviewed;- Ensure the consistency of the recommendations and that they are clear and

coherent with the principles and procedures of the BID Guidelines ;- Review if the recommendation proposed is the most appropriate solution for

the child, taking into account available information on the circumstances of the case.

Making the Decision - Should be undertaken by the panel – decision by the majority or qualified

majority depending on the composition e.g. decision that define resettlement as the most appropriate solution must be endorsed by UNHCR

- The procedure for the panel should be laid down in operation-specific SOPs - If information is rejected for lack of credibility or because retained not sufficient,

this must be recorded in the protocol of the panel

- Deliberation by the panel should be recorded Balancing Competing rights of the Child

- Decision makers need to determine which of the available options better secures the attainment of the child’s rights and thus corresponds to his or her best interest – see in terms of short-term and long-term advantages and disadvantages of each options


- Views of the child – article 12 of CRC requires the views of the child be given due weight in accordance with the age and maturity of the child

- Views of family members and other persons close to the child – information collected from the persons from the persons within the child’s network will often provide details on issues such as nature of relations b/n the child and significant others, the reasons behind certain preferences as expressed by the child

- Safe environment and risk of harm – Fundamental international human rights norms to protect the right to life and freedom from torture, other cruel, inhuman and degrading treatments or punishments set decisive parameters for BID. (CRC art. 19, 34, 35, 36, 37 &38 relate to the necessity of protecting the safety of the children )

- Family environment and alternative care - Family is the natural and fundamental social unit and has the primary

responsibility for raising their children lies in parents- BID for UASC should ultimately address to the extent to which family

reunification is attainable - As long as certain minimum care requirements for the child are met, the interest

of the child are generally best met when the child remains with his or her family - Best Interests of the child and rights of others – interest of the children can

sometimes conflict with the interest of other groups in society – focus shall be on the interest of the child

Child Participation- Has the child been well informed about the process?- This includes info on the asylum process, the BID process, how long things take,

how decisions are made, the importance of the child’s views, and full & realistic details on all the available options.

- If resettlement is an option, is the child well informed about what his/her life may be like in the third country?

- Is the child in regular contact with any potential new caregiver (e.g. family)?- What are the child’s views about the best durable solution?- If there is a sibling group, has each sibling been informed and consulted?

Family - If the child’s parents or previous caregivers are still alive, has every effort been

made to contact them directly? - If the child’s parents or previous caregivers cannot be found, has every effort

been made to contact the child’s siblings and/or extended family?- If family contact is successful:

- Has the person’s family relationship to the child been verified?- Does their story corroborate the information received from the child and

other sources?- Is there a possibility of family reunification? This option has priority.- What are their views on the best durable solution?- Is it possible to keep siblings together and prevent further separation?

Current Caregiver(s) & Other Adults Currently Involved- What is the relationship of the current caregiver to the child? Note that

closer relationships (immediate family, extended family, ethnic/cultural community) are the most likely to be best for the child.


- Has there been assessment and monitoring of any temporary care situation, especially with unrelated adults?

- Is the child doing well in the current situation?- Is this caregiver willing and able to provide permanent care, ideally in a

family-type setting?- Have other adults been contacted that are close to the child, even if

they are not providing direct care? (E.g. other adults in the temporary home, neighbours helping out, teachers, family friends, etc.) If yes, what are their views?

Potential Caregiver (if not same as current caregiver)- Has this person been contacted directly?- Has the nature of their relationship to the child been verified?- How close is the person with the child? Has the child lived with them before?- Are they willing and able to care for the child?- How will the child’s rights and needs be met with this option? (e.g. safety,

education, health, culture, developmental transition to adulthood)

Developmental & Social Needs- What are the implications of each option for furthering the child’s cultural and

community ties? Consider language, ethnicity, religion, etc.

Education- What is the child’s educational background, and how might it prepare them for

each option?- Are they currently in school or training?- What are their prospects for continuing their education in each option?- Health & Special Vulnerabilities- What are the prospects for health care with each option?- Does the child have any special health conditions, disability or history of trauma

that might need special care? What opportunities for support (family or professional) are present with each option?

- Developmental Transition to Adulthood- In each option, what are the prospects for the child or youth to make a successful

transition to adulthood? (E.g. obtaining employment, marriage & formation of own family, etc.)

- If the youth would be living independently, what social supports would there be? Safety & Security

- What do we know about the risks to the child’s safety with each option?- There may be risks relating to social and political conditions in the child’s country

of origin?- There may also be risks in the child’s care giving/family environment (e.g. lack of

a family environment, living with an unrelated person, barriers to monitoring after family reunification, inability to get adequate verification of relationships and past history, etc.)


References

UNHCR Guide liens on Detrmining the best interst of the childCRCUNHCR Protection ManualCamp Profile, Pugnido, Gambella, Ethiopia


SOP BID

Documents

Transcript of SOP BID