Luận văn thạc sĩ Quản lý công: Development of foster care service for children in special circumstances in Vietnam: A comparative study on the legislation, policy and practice of foster care for children in Sweden, China and Vietnam

UPPSALA UNIVERSITÉT &UNIVERSITY OF ECONOMICS & BUSI} UPPSALA UNIVERSITET DEVELOPMENT OF FOSTER CARE SERVICE FOR CHILDREN IN SPECIAL CIRCUMSTANCES IN VIETNAM A Comparative Study on the Le

UPPSALA UNIVERSITÉT &

UNIVERSITY OF ECONOMICS & BUSI}

UPPSALA

UNIVERSITET

DEVELOPMENT OF FOSTER CARE SERVICE FOR

CHILDREN IN SPECIAL CIRCUMSTANCES

IN VIETNAM

A Comparative Study on the Legislation, Policy and Practice of

Foster care for Children in Sweden, China and Vietnam

Authors: Phan Minh Chau, MPPM Intake 3

Chir Đức Toàn, MPPM Intake 4B

Supervisor: Dr Sven Jungerhem

Local supervisor: Dr Pham Vũ Thắng Class: MPPM, Intake 3 - Group 9

Hà Nội, January 2012

Every child deserves a home of his own

Harry Holt

With utmost appreciation, we would like to acknowledge the continuous guidance andconstructive supervision from our supervisors Mr Sven Jungerhem and Mr Pham Vu

‘Thang Special thanks to the respondents who were willing to participate in this study

We would like to thank all the individuals who participated in the interviews andcontributed to the results of this research

We would like to extend our gratitude to all the lecturers in the Master Programme onPublic Management, particularly Mr Do Tien Long and Mr Nguyen Ngoc Thang, andthe programme coordinator Ms Nguyen Phuong Lan

This study is dedicated to our families who always support us!

ABSTRACT

Aim:

As many research show that institutional care leaves developmental damage, risks of

abuse and exploitation, social consequences and lacks good quality care, Vietnam has responded to the recommendation of the United Nations on deinstitutionalisation of

care for children Alternatives to institutional care were established, with foster care asthe family-type environment for children in need of care

The objective of this research is studying the relevant legislation and practice of foster

care service in Vietnam in comparison to Sweden and China, in order to come up with

the recommendations on the development of foster care service in Vietnam through theimprovement of the regulatory and legislation

The research is selected with:

- A motivation to promote placement of children in need of care into foster homes(including kinship foster homes) in community, rather than into institutions; and

- A strong desire to move 20 thousand children who are in institutions out ofinstitutional/residential care and placed into foster homes

Methodology:

With current legislation and policy on foster care in Viet Nam, Sweden and China as

the subject of the research, the research follows the comparative approach and the right-based approach The key research methodologies applied were: policy analysis,

particularly problem tree, desk review, and interview and case study Secondary data

collected from desk review were confirmed and further in-depth analyzed with

primary data collected from interviews

Result & Conclusions:

‘The thesis gives a critical overview of legislation and policy on foster care and theimplementation of foster care services in Vietnam Putting Vietnam in a comparisonwith Sweden and China, the research finds out that the existing legal documents of

‘Vietnam are not comprehensive; there is no standard term for “foster care”; there is nonational standardized guidelines on foster care for children in special circumstances;there is no support services for foster children and foster/kinship families; there isneither supervision and support nor monitoring and evaluation on foster care process

and foster care service quality; there is no regulation on roles and responsibilities of all

players in foster care delivery process, especially the involvement of non-state sector:and no services provided in institutions rather than food and beds.

With these findings, the research recommends that the existing legal documents should

be improved and new documents should be issued to fill the gaps and solve theproblems, in the aim to promote the development of foster care service for children in

special circumstance in Vietnam.

Recommendations for actions until 2015

The group of recommendations for strengthening and improving

1) Regulate a standard term for “foster care” in Vietnamese.

2) Regulate the age of a child with an increase from 16 to 18 years.

3) Regulate the roles and responsibilities of all players in foster care servicedelivery with clear division of work and set up a strong operation mechanism

among key players.

The group of recommendations for developing and issuing

4) Develop support services for families and children before, during and after foster

care.

5) Establish the pool of professional community social workers

6) Regulate the process for transformation of Social Protection Centres to SocialResources Centres

7) Regulate national guidelines on Foster care, with a broad coverage of all children

in need of care; standardized procedure for foster care placement (pre-, during andpost placement); services and support available for foster families and fosterchildren, including well-structured financial allowance scheme, with the experiencefrom pilot foster care programmes of INGOs in Vietnam

8) Establish a committee responsible for child welfare, including foster care, with

decision-making responsibility for all foster care placements and support to be granted.

9) Set up a strong monitoring and evaluation system

Recommendations for actions until 2020

‘The group of recommendations for strengthening and improving

1) Enhance international cooperation to learn international experience.

2) Conduct further studies in the following topic areas:

(i) The willingness of Vietnamese people for providing foster care to children

without adequate parental care: a quantitative and qualitative research;

(ii) A costing study on the minimum package of foster care service for childrenwithout adequate parental care in Vietnam;

(iii) Foster care as a profession — Yes or No?;

(iv) Promoting kinship care as a traditional good deed;

(v) Vietnamese Social protection centres in the transitional period;

The group of recommendations for developing and issuing

5) Issue a national regulation on alternative care for children, with foster care as an

option, to ensure the performance of children’s rights, to correspond to the UN

Convention on the rights of the child and the UN Guidelines on Alternative care of

Children.

2) Develop a national strategy on human resource for child and family welfare fromlocal to central level, including capacity building and strengthening

3) Develop a national programme, action plan for scaling up foster care service in

Vietnam, including awareness-raising on foster care and encouragement volunteerfostering, especially kinship foster care

4) Promote the involvement of all economic sectors, especially private sector, inproviding child welfare services

Limitations:

(i) Limited access to documents

There is a limitation in access to legal documents on foster care, especially legal

document in China

(ii) Limited research sampling/access to key informants

As this is a personal study touching on a new policy in Vietnam, difficulties were met

in contacting local authorities for interviews Officers in public sector hesitated toprovide their personal ideas on existing legislation on foster care and the obstacles they

meet in their work due to the regulations.

(iii) Limited archived materials on foster care in Vietnam

The topic of foster care in Vietnam is a new topic for research and no previous research

reports were disseminated.

(iv) Limitation of length for the final research report

Due to the limitation of 10,000 to 15,000 words, the report does not go into details intechnical social work aspect

Contribution of the thesis: The research aims at serving as the foundation forpolicy makers for the long-term scaling up of foster care service for children inVietnam, with recommendations for immediate actions of improving the existinglegislation for foster care

Key words: best interest of the child, foster care, kinship care, alternative care,

UNCRC, UN Guidelines on Alternative Care of Children

ABSTRACT

TABLE OF CONTENT

ACRONYMS AND ABBREVIATION

LIST OF GRAPHS, CHARTS AND TABLES

CONCEPT OF TERMINOLOGIES

CHAPTER I: INTRODUCTION

1.1 Motivations for and objective of the research

1.1.1 Motivations for the research

1.1.2 Objective and aim of the research

2 Literature review

1.3 Scope of researc!

1.4 Research questions

1.5 Structure of the thesis

1.6 Limitations of the research

CHAPTER II THEORETICAL FRAMEWORK OF THE RESEARCH, APPROACH OF THE RESEARCH AND RESEARCH METHODOLOGIES 17 2.1 Theoretical framework of the research

2.1.1 Principle of the UNCRC

2.1.2 Principles of the UN Guidelines

mì Alternative care of Children

AND CHINA we 24 3.1 Sweden 24 3.1.1 Swedish national legislation for foster care 24

27 29

3.1.2 Practice of foster care for children in Sweden

3.2 China

3.2.1 Chinese national legislation for foster care 29

3.2.2 Practice of foster care for children in Chin 30

3.3 Vietnam .33

233

- 36 3.3.1 Vietnamese national legislation for foster care

3.3.2 Practice of foster care for children in Vietnam

3.4 Analysis and discussion: lessons learned.

3.4.1 The compliance with UNCRC and L

239

Care of Children

ý Guidelines on Alternati

3.4.2 Children in foster care

3.4.3 The procedures for foster care placemen

3.4.4 The availability of services for foster families and foster children

3.4.5 The role of social worker:

3.4.6 The function of institutions

Monitoring and evaluation

The involvement of non-si

CHAPTER IV CONCLUSION AND RECOMMENDATIONS FOR THE

DEVELOPMENT OF FOSTER CARE IN VIETNAM

4.1 Recommendations for actions until 2015

4.1.1 The group of recommendations for strengthening and improving

4.1.2 The group of recommendations for developing and issuing

4.2 Recommendations for actions until 2020

4.2.1 The group of recommendations for strengthening and improving

4.1.2 The group of recommendations for developing and issuing

BIBLIOGRAPHY

APPENDIX INTERVIEWS WITH KEY INFORMANTS

ACRONYMS AND ABBREVIATIONS

AIDS Acquired human immunodeficiency syndrome

CEDC Children in exceptionally difficult conditions

DOLISA Department of Labour, Invalids and Social affairs

HIV Human immunodeficiency virus

INGO International non-governmental organization

NGO Non-governmental organization

MOLISA Ministry of Labour, Invalids and Social affairs

UNCRC United Nations Convention on the Rights of the Child

UN United Nations

UNICEF United Nations Children’s Fund

LIST OF GRAPHS, CHARTS AND TABLES

Graph 1 Children as the center of the family and the society

Graph 2 Foster care model in Sweden

Graph 3 Foster care model in China

Graph 4 Foster care model in Vietnam

Graph 5 The tree of existing problems related to foster care service in Vietnam and

recommendations.

Chart 1 Principle of UNCRC: Model “The best interest of a child”

Table 1 Principles of UN Guidelines on Alternative care of Children

Table 2 Child allowance and large family supplement in Sweden

Table 3 Monthly allowance for a foster family, including allowance for foster child, in

China

Table 4 Monthly subsidy for a foster child and foster family in Vietnam

the requirements of the law.!

Alternative care is the form of care provided to a child who

temporarily or permanently deprived of his or her family

environment, or in whose own best interests cannot be allowed to

remain in that environment.”

The birth family is a family consisting of parents and theirbiological offspring” It is the family into which the child is born.The birth parents, in this context, mean both parents if they are

together, or the mother, or the father’.

A child means every human being below the age of eighteen years

unless under the law applicable to the child, majority is attained

earlier’ In Vietnam, a child is a Vietnamese citizen who is under

16 years of age according to the Law on Child Protection, Care and

Education®.

Children in special circumstances are children with physically ormentally abnormal conditions, who are unable to exercise their

fundamental rights and integrate with the family and community’.

Children in special circumstances are: (1) children withdisability/disabilities; (2) child victims of toxic chemicals; (3)orphans and abandoned children; (4) children infected withHIV/AIDS; (5) children in hard and hazardous jobs or expose totoxic substances; (6) children working far from their families; (7)street children; (8) child victims of sexual abuse; (9) children

' Vietnamese National Assembly (2010), Law on Adoption No 52/2010/QH 12, Article 3

? United Nations General Assembly (2009), Guidelines on Alternative Care of Children, Guideline 28-b

` Source: The Freedictionary.com

* Source: UNICEF Vietnam

* United Nations General Assembly (1989) Convention on the rights of the child, Article |

© Vietnamese National Assembly (2004), Law on Child Protection, Care and Education No 25/2004/0HI1,

Article I

"Ibid Article 3

addicted to narcotics; and (10) children in conflict with the law Š.

According to the UN Guidelines on Alternative Care of Children,foster care refers to situations where children are placed by acompetent authority for the purpose of alternative care in thedomestic environment of a family other than the children’s ownfamily that has been selected, qualified, approved and supervised

for providing such care’ In Vietnam, there is not yet a term which

is relevant to foster care Several terms are used to describe foster

care, such as “chăm sóc đỡ dau” (sponsorship), “chăm nuôi tam

thời” (temporary care), "nhận nuôi” (adoption)

Foster care includes kinship foster care and non-kinship foster care.

All care provided in a family environment which has been ordered

by a competent administrative body or judicial authority, and all

care provided in a residential environment, including in private

facilities, whether or not as a result of administrative or judicial

measures'”.

The concept of group home varies in countries A group home or

Social house, in Vietnamese context, provides a small-scalefamily-type living environment within the community for a

maximum of 10 children."

Guardianship is a task whereby an individual or organization is

required by law or appointed to take care of and protect legitimaterights and interests of a minor or a person who has lost his/her civil

act capacity.’

A group living arrangement in a specially designed or designatedfacility where salaried staff or volunteers ensure care for children.These centres, known as Social Protection Centres in Viet Nam,usually offer long-term care services (over 6 months) and may beoperated by Government, International Non-Government

Š Vietnamese National Assembly (2004), Law on Child Protection, Care and Education No 25/2004/QHI1,

Article 40

° United Nations General Assembly (2009), Guidelines on Alternative Care of Children, Guideline 28-c

° United Nations General Assembly (2009), Guidelines on Alternative Care of Children, Guideline 28-b

' Vietnamese Government (2005), Decision No 65/2005/OD-TTg

'? Vietnamese National Assembly (205), Civil Code No 33/2005/QH11, Article 58

Organisations, and faith based or mass organisations’.

Any private arrangement provided in a family environment,whereby the child is looked after on an ongoing or indefinite basis

by relatives or friends (informal kinship care) or by others in their

individual capacity, at the initiative of the child, his/her parents or

other person without this arrangement having been ordered by an

administrative or judicial authority or a duly accredited body’.

Kinship foster care is family-based care within the child’s extendedfamily or with close friends of the family known to the child,

whether formal or informal in nature'’.

Children whose birth parent/s are deceased or who are unable to

care for their children and have relinquished or abandoned them In

the context of Viet Nam, birth parent/s may abandon their childrenfor reasons, such as poverty, disability, HIV/AIDS, migration to

urban areas for work ete'®.

A substitute family, or foster family/ foster parent/ foster carer, is a

family or an individual who fosters a child'’ The terms “foster

family”, “foster parents’ and “foster carer” are used

interchangeably

Source: Child Protection Section, UNICEF Vietnam

'* United Nations General Assembly (2009), Guidelines on Alternative Care of Children, Guideline 28-b

' Ibid

'® Source: Child Protection Section, UNICEF Vietnam

"’ Vietnamese National Assembly (2004), Law on Child Protection, Care and Education No 25/2004/QHI1,

Article 3

CHAPTER I: INTRODUCTION

1.1 Motivations for and objective of the research

1.1.1 Motivations for the research

Vietnam is the first country in Asia and the second country in the world to ratify the

United Nations Convention on the Rights of the Child (UNCRC) in 1991 With the

ratification of the UNCRC, Vietnam proved its strong commitment to uphold the

fundamental rights of children, including the right for care and protection (Article 5,

UNCRC) Since then, Vietnamese Government has taken many actions to realize thecommitment made as well as to respond to international recommendations on childcare and protection Only one year after the ratification of the UNCRC, Vietnampromulgated the Law on Child Protection, Care and Education; and in 2004, this law

was amended to better reflect the principles of UNCRC'®.

In 2005, Viet Nam officially formulated an alternative care system for children, with

the objectives of (1) assist all children in exceptionally difficult conditions (CEDC) tointegrate in community, stabilize their lives and have the opportunities to enjoy theirrights according to the Law; (2) gradually fill the gap in living standards between thechildren in exceptionally difficult conditions and other normal children in theircommunities by mobilizing all social resources and promoting community-based carefor children in exceptionally difficult conditions, including foster care as a pilot family-based care for CEDC, with the approval of the Prime Minister in Decision No

65/2005/QĐ-TTg '' This was the first step towards the deinstitutionalization of care

for children, in correspondence with the UNCRC and the Stockholm Declaration on

Children and Residential care”” International studies shows that children who are in

family-based care have higher IQ than children in institutional care and the user for institutional care is six times more expensive than providing social services to

cost-per-kinship carers and three times more expensive than foster care”'.

According to the Vietnam Ministry of Labour, Invalids and Social Affairs (MOLISA),

as of 2009, there were approximately 20 thousands children living in over 400

institutions nationwide”.

'S Vietnamese Law on Child Protection, Care and Education amendment No 25/2004/QH1 (2004)

`? Vietnamese Decision No 65/2005/QĐ-TTg (2005)

® Stockholm Declaration on Children and Residential Care dated 13 May 2003

*! Save the Children Fund (2009) Keeping Children out of Harmful Institutions, p.12

* Vietnamese Ministry of Labour, Invalids and Social Affairs (2011) National Programme on Child Protection

for the period of 2011-2015, p.10

As per Article 64 in the Constitution of the Socialist Republic of Vietnam,families are the nucleus of the society where children are raised to be good citizens.Nevertheless, when a family is in a circumstance that cannot protect the rights andwell-being of children, there is the need to find a substitute family environment tomaintain the adequate care for children.

Graph 1 Children as the center of the family and the society

Therefore, this topic is selected with:

- A motivation to promote placement of children in need of care into foster homes(including kinship foster homes) in community, rather than into institutions; and

- A strong desire to move the said 20 thousand children out of

institutional/residential care

as research shows that institutional care leaves developmental damage, risks of abuse

and exploitation, social consequences and lacks good quality care.ˆ”

1.1.2 Objective and aim of the research

The objective of this research is studying the relevant legislation and practice of fostercare service in Vietnam in comparison to Sweden and China, in order to come up with

the recommendations on the development of foster care service in Vietnam in the

aspect of law and policy making

** Save the Children Fund (2009) Keeping Children out of Harmful Institutions, p.6 — 10

The research aims at serving as the foundation for policy makers in the process ofscaling up foster care service for children in Vietnam.

1.2 Literature review

Gunvor Andersson”! and Sven Hessle & Bo Vinnerljung”’ discussed the overview of

Child and Family Welfare in Sweden, including legislation and policy for foster care.The researchers identified two key legal documents that govern the child welfare inSweden which are the Social Services Act and the Care of Young Persons Act In theirstudies, Andersson and Hessle & Vinnerljung also described a profile of children incare, with a section on foster care population

Laney Zhang conducted a study on the rights of children in China” in which the author

provided an overview of legislation and policy on children’s right in China, with focus

on the Law on the Protection of Minors, Law on the Population and Family Planning

and several law on education and protection Liu Meng and Zhu KaÏ”” focused on the

care for Chinese orphans and foster care is one type of service provided to orphanedchildren in China

In the case of Vietnam, foster care was formalized in 2004 As of the initiation of thisstudy, no report specifically on the legislation and policy for foster care was

disseminated: only Teports on the overall legislation and policy for child protection in

Vietnam were found” In a report, researchers from MOLISA and UNICEF detailed all

relevant Vietnamese legal documents at three levels of intervention”, with an approach

from the child protection perspective Foster care is mentioned as a tertiary service inthe child protection system for orphaned and abandoned children

In their studies, all of these researchers followed the principle the UNCRC and the UN

Guidelines on Alternative care of Children, which state “the best interest of a child” is

the key to all placements in care, give a critical review of the existing policy and

practice in Sweden, China and Vietnam

> Andersson, Gunvo (2002), Child and Family Welfare in Sweden

> Hessle, Sven and Vinnerljung, Bo (1999), Child Welfare in Sweden - an overview

© Zhang, Laney (2007), Children’s Rights: China

? Meng, Liu and Kai, Zhu (2009), Orphan Care in China, Social Work & Society, Vol 7

?* Bộ Lao động-Thương binh và Xã hội & UNICEF (2009) Xây đựng mơi trường bảo vệ trẻ em Việt Nam: Đánh

giá pháp luật và chính sách bảo vệ trẻ em, đặc biệt là trẻ em cĩ hồn cảnh đặc biệt ở Việt Nam

» Primary level: prevention; secondary level: early intervention; tetiary level: intervention and rehabilitation

1.3 Scope of research

The research focuses on the existing legislation and policy for foster care and the

current practice of foster care in Vietnam, in a comparison with Sweden - one of the

countries with best child welfare, and China - the country that share political,

economical and cultural similarities with Vietnam The technical social work issues are

not touched upon in this study

1.4, Research questions

Throughout the research, the following questions are discussed

1) What is the legislation and policy for foster care and the practice of foster care

in Vietnam, in comparison with Sweden and China?

2) What are the lessons that Vietnam can learn from Sweden and China?

3) What are the recommendations for Vietnam to improve its legislation on foster

care in order to scale up the foster care service in Vietnam?

1.5 Structure of the thesis

The thesis consists of 4 chapters Chapter I describes an overall view of the thesis andthe objective of the thesis Chapter II describes the theoretical framework, approachesand the methodologies on which the research is based Chapter III analyzes and

discusses the findings in relevant national legislation related to foster care service and

its implementation in Vietnam, with Sweden and China as comparative case studies.Chapter IV concludes the discussion and proposes recommendations for thedevelopment of foster care service in Vietnam, with specific suggestions to adapt thelessons learnt from Sweden and China to Vietnamese context

1.6 Limitations of the research

(i) Limited access to documents

There is a limitation in access to legal documents on foster care, especially legaldocument in China

(ii) Limited research sampling/access to key informants

As this is a personal study touching on a new policy in Vietnam, difficulties were met

in contacting local authorities for interviews Officers in public sector hesitated toprovide their personal ideas on existing legislation on foster care and the obstacles theymeet in their work due to the regulations

(iii) Limited archived materials on foster care in Vietnam

The topic of foster care in Vietnam is a new topic for research and no previous research

reports were disseminated.

(iv) Limitation of length for the thesis

Due to the limitation of 10,000 to 15,000 words, the report does not go into details in

technical social work aspect.

CHAPTER II THEORETICAL FRAMEWORK OF THE RESEARCH,

APPROACH OF THE RESEARCH AND RESEARCH METHODOLOGIES

As mentioned in the first Chapter, as early as the initiation of this research, neither

research nor report on the same topic in Vietnam was released Therefore this research

does not based on a theoretical model of a previous one but follow the UN Convention

on the Rights of a Child (UNCRC) and the UN Guidelines on Alternative care for

Children as the “read thread” for the analysis, discussion and recommendations

2.1 Theoretical framework of the research

2.1.1 Principle of the UNCRC

The authors of this study follow “the best interest of a child” principle stated in the

UNCRC In all circumstances, the rights of a child must be upheld to ensure his/her

best interest of well-being and full development

The below articles in the UNCRC are specifically on the best interest of the child and

to foster care services.

(i) Article 3 states that interventions must be in the best interests of the child, and that

the State is responsible for ensuring that all alternative care services shall conform with

the standards established by competent authorities, particularly in the areas of safety,

health, in the number and suitability of their staff, as well as competent supervision.

(ii) Article 20 states that if a child temporarily or permanently deprived of his or herfamily environment, or in whose own best interests cannot be allowed to remain in that

environment, shall be entitled to special protection and assistance provided by the State, in accordance with their national laws, such care could include, inter alia, foster

placement, kafalah of Islamic law, adoption or if necessary placement in suitableinstitutions for the care of children

(iii) Article 40 states that a variety of dispositions, such as care, guidance andsupervision orders; counseling; probation; foster care; education and vocationaltraining programmes and other alternatives to institutional care shall be available toensure that children are dealt with in a manner appropriate to their well-being and

proportionate both to their circumstances and the offence.

Chart 1 The Principle of the UNCRC

Model for the best interest of a child

BEST BIOLOGICAL FAMILY, or

ADOPTION FAMILY

_KINSHIP/ FOSTER HOME

WORST

2.1.2 Principles of the UN Guidelines on Alternative care of Children

The Guidelines intend to enhance the implementation of the UNCRC regarding the

protection and well-being of children deprived of parental care or who are at risk of

being so In doing so, the Guidelines set out desirable orientations for policy andpractice They are designed for wide dissemination among all sectors directly orindirectly concerned with issues relating to alternative care

(i) Support efforts to keep children in, or return them to, the care of their family or,

failing this, to find another appropriate and permanent solution, including adoption and

kafala of Islamic law;

(ii) Ensure that, while such permanent solutions are being sought, or in cases where

they are not possible or are not in the best interests of the child, the most suitable forms

of alternative care are identified and provided, under conditions that promote thechild’s full and harmonious development;

(iii) Assist and encourage governments to better implement their responsibilities and

obligations in these respects, bearing in mind the economic, social and culturalconditions prevailing in each State; and

(iv) Guide policies, decisions and activities of all concerned with social protection andchild welfare in both the public and private sectors, including civil society

Table 1 Principles of UN Guidelines on Alternative care of Children

Ensure that, while such permanent solutions are being sought, or in cases where they are not possible or are not in the best interests of the child, the most suitable forms

of alternative care are identified and

provided, under conditions that promote the

child’s full and harmonious

development

2.2 Research approach `°

The research has a comparative approach when placing Vietnam in the comparison

with Sweden and China to understand theory and practice of legislation for foster care

* Vũ, Cao Dam (1998), Phương pháp luận nghiên cứu khoa hoc

in these two countries and to identify possible lessons for Vietnam in developing foster

care service for children in Vietnam from the policy-making perspective

Moreover, this research follows the right-based approach to study and analyze the

compliance to child’s rights with reflection in the legislation and implementation in the

three mentioned-above countries This approach is followed by many internationalorganizations, especially UN agencies, in their recent studies and research on child

care, protection and education in Vietnam*!.

2.3 Research methodologiesTM

With the two approaches, the following research methodologies are applied during theprocess of data collection and analysis and discussion

2.3.1 Desk review

The methodology of desk review is followed to collect the following information:

(i) theoretical framework for the research

(ii) previous research related to the research topic in Vietnam and in other countries,which were disseminated

(iii) legislation and policy on child welfare, particularly foster care, and the practicalimplementation in Vietnam, Sweden and China

(iv) data on foster care, including children in foster care and families providing foster

care, in Vietnam, Sweden and China.

2.3.2 Interview and case study

Interviews with 10 persons who directly involve in foster care delivery andmanagement were conducted The purpose of these interviews is to verify andsupplement the information on existing legislation and the implementation of collected

in the desk review.

From the interviews, three typical cases of three different foster care service providers

in Vietnam, one by the Government and two by INGOs, are studied to further analyzethe situation of foster care service in Vietnam

2.3.3 Policy analysis

The research applies “problem tree” method in policy analysis methodology to identifyand emboss the existing short comings and problems in foster care legislation in

3! UNICEF (2010), Situation Analysis of Children in Vietnam 2010

* Vũ, Cao Dam (1998), Phương pháp luận nghiên cứu khoa học

Vietnam From these findings, recommendations are made to overcome and solve the problems “Problem tree” is a simple policy analysis methodology but effective in use.

2.4 Data collection and analysis

2.4.1 Data collection

The data were collected from March to September 2001, with further supplementinguntil November 201

2.4.1.1 Secondary data

Secondary data were collected from the following sources:

(i) From the internet

Internet is an open source digital library with a large variety of valuable materials forthis research The majority of references in the research were searched in the internet.These references are research reports, articles in scientific journals with the relevant

topics to the research; legal documents on child care and protection; data on foster care

population in Sweden and China

(ii) From the digital library of Uppsala University

Uppsala University (Sweden) has a digital library which links with the libraries indifferent universities in Sweden and in other countries Several research of university

lecturers and dissertations of students with relevant topic areas were found, which were

helpful to the research in terms of approach and research methodologies

(iii) From the Ministry of Labour, Invalids and Social affairs

The Ministry of Labour, Invalids and Social affairs (MOLISA) is the governmentagency responsible for child protection and care This ministry initiates all legaldocuments and regulations on child care and protection, and directs, coordinates andmanages foster care service The legal document as well as the number of children infoster care, number of foster/kinship families were provided by the Administration ofSocial Protection of MOLISA

(iv) From the United Nations Children’s Fund (UNICEF), Holt International

Children’s Service and HealthRights International in Vietnam

UNICEF, Holt and HealthRights are the three international organizations promoting forfoster care service in Vietnam Holt and HealthRights are the only international non-governmental organizations (INGO) directly involve in foster care service delivery in

Vietnam in some localities where they established their projects” UNICEF, Holt and

** HealthRights International concluded its Foster care project at the beginning of September 2011, after the month implementation in 4 districts of Ha Noi.

40-HealthRights provided their project evaluation reports and other reports on child welfare and child protection system in Vietnam.

(v) From Care for Children

Care for Children is one among the INGOs in China who contribute to thedevelopment of foster care in China Information on the actual implementation of legaldocuments on foster care in China was collected in the “Family Placement” conference

~ the first conference on foster care at a regional level in AsiaTM.

2.4.1.2 Primary data

Primary data were collected to verify the secondary data and to learn about thepersonal experience of key informants when playing a part in the foster care service

delivery system in Vietnam Interviewees include”:

(i) Head of Social work division, Administration of Social protection - MOLISA

(ii) Alternative care specialist, Child protection section - UNICEF Vietnam

(iii) Country representative, Holt International Children’s Service in Vietnam

(iv) Vice President, Commune People’s Committee in Van Dinh township, Ung Hoa

district, Ha Noi

(v) Commune Officer on labour, invalids and social affairs in one district in Van Dinhtownship, Ung Hoa district, Ha Noi

(vi) Foster parents cum care giver in one governmental social protection centre or

orphans and disabled children, Tu Liem district, Ha Noi

(vii) One kinship family (maternal grandparents taking care of orphaned grand

daughters) in Van Dinh township, Ung Hoa district, Ha Noi

(viii) Kinship foster children taken care by grand parents in Van Dinh township, Ung

Hoa district, Ha Noi

(ix) One foster parent in HealthRight International project in Gia Lam district, Ha Noi(x) Foster child taken care by the above-mention foster parent in Gia Lam district, Ha

Noi

The majority of the interviews were prepared in advance following a list of questionsand were recorded For the cases of a foster parent and her foster child in theHealthRight International supported project, the interviews were not recorded at site in

order not to put any pressure/fear on the children.

* Asia “Family Placement” Conference was organized in Chiangmai, Thailand, from 14 to 17 November 2011.

For further information, please visit www.careforchildren.com

*Š The informants at commune level prefer to be in confidentiality.

2.4.2 Data analysis

Qualitative data and information collected for the research are not so complicated that

no qualitative analysis software is used Data and information are grouped in two large

themes which are legislation and practice, and analyzed in smaller aspect within these

two themes.

The study does not intend to bring in quantitative analysis; therefore, statistics are only

for the purpose of supplementing qualitative analysis in the research.

CHAPTER III LEGISLATION AND PRACTICE OF FOSTER CARE

SERVICE FOR CHILDREN IN VIETNAM IN COMPARISON TO SWEDEN

AND CHINA

There are numerous of legal document related to foster care in Sweden, China andVietnam However, this research focuses on the key documents that directly govern thedelivery of foster care service in these countries

3.1 Sweden

3.1.1 Swedish national legislation for foster care :

Sweden has been described as a generous social welfare state’ with focus on child and

family welfare Sweden ratified the UNCRC in 1989 However, as early as 1902Sweden got the first child welfare legislation as a consequence of the nation's rapidindustrialisation and urbanisation at the end of the 19th century, and influenced by

trends of social control within the European social policy, the child welfare legislation

aimed to save young people from assumed future criminality*’.

3.1.1.1 Social Services Act

The Social Services Act was passed in 1980 and was last amended in 2001 As a

democracy welfare state, the basis of the Social Services Act is that all citizens are of equal value and have the same right to social and financial security, care and assistance.

The UNCRC and the UN Guidelines on Alternative care of Children is well reflected

in the Social Services Act that the requirement of consideration for the best interest ofthe child shall be specially observed when measures affect children A child is a personunder 18 years (Chapter I, Section 2)

The child is always consulted before a decision is made and whether the child can be

taken care of by a relative or other person close to the child (kinship foster care) inhis/her home surroundings (Chapter VI, Section 2 and Section 5) The alternative

family is investigated and examined before the Social welfare committee makes the

decision of placing the child (Chapter VI, Section 6).

To ensure that the child receives good care in alternative home (kinship/foster homes),

a general care plan is drawn up stating the child’s needs, the aims of the measuresdecided on and the parties responsible for implementing them (Chapter XI, Section 3)

`9 Esping-Andersen, G (1990) The Three Worlds of Welfare Capitalism

`7 Hessle, Sven and Vinnerljung, Bo (1999), Child Welfare in Sweden - an overview

The care plan is also necessary in order for the Social Services to follow up the results

of the care provided, in collaboration with the foster family and the biological family**.

The care provided to the child is reviewed at least every six months (Chapter VỊ, Section 8).

The Social Services Act promulgates the duty of competent authorities, particularly the

municipality and the Social welfare committee The municipality is responsible for the

availability of foster family homes (Chapter VI, Section 2), supervision of service

provided (Chapter XIII).

To sum up, the Social Services Act provides a detailed guidance on the procedures of

providing social services, including foster care for children in need of care, as well asthe responsibilities of the child’s birth family, the foster family, the local authority andthe whole society

3.1.1.2 Care of Young Persons Act”

Child and Young Persons Act was passed in 1960 and was last amended in 2003 ThisAct supplements the Social Services Act in providing specific regulations on the care

of children and adolescents

The Care of Young Persons Act regulates the provision of care and handlingprocedures as well as the duty of the Social welfare committee, the Countyadministrative court and the involvement of police

In the introductory provisions, the Act strongly states that “the best interest of theyoung person shall be of vital concern of all decisions under this Act” Moreover, the

Act stipulates clearly that the care cannot be provided to a young person without the

consent of the person(s) having custody of the young person, or the consent of theyoung person him/herself if over 15 years of age Children under 15 years of age arealso heard if he/she does not suffer harm from being questioned in the judicial andother proceedings (Section 36)

Young persons in need of care in this Act are persons under 18 years of age, due tophysical or mental abuse, neglect, exploitation and some other circumstances in thehome, there is a palpable risk of detriment to the young person’s health or development(Section 2); or if the young person exposes his/her health and development to apalpable risk of injury through the abuse of additive substances, criminal activity or

*% Graffman, Katarina (2009), EU project document on Kindship carers by Mentor Sverige

`* Swedish Care of Young Persons Act No SFS 2003:420 (2003)

some social degrading behaviour (Section 3) In the latter case, young persons who are

aged 18 but not more than 20 are also eligible

In general, the Care of Young Persons Act provides regulations on the circumstancesthat care must be provided and the procedures of handling with the principle of “bestinterest of the young person” as the fundament for all decisions on placing a young

person in out-of-home care.

3.1.1.3 Other relevant legislation

(i) Family allowance policy

All children live in Sweden are entitled with monthly allowance, including children in

foster homes Child allowance is paid until and including the quarter that the childattains the age of 16 If the child studies at upper secondary school, the Governmentwill pay study allowance after that Study allowance can be shared in the same way as

child allowance.*” Large family supplement is also applicable if a family receives child allowance for at least two children.*' In addition, family can have other allowances,

such as parent allowance, care allowance and housing allowance, to ensure good

financial living standards for all family members, especially children.””

Table 2 Monthly child allowance and large family supplement in Sweden*®

Number Child Child Large family | Large family | Total Total

of allowance | allowance | supplement | supplement | (SEK) | (equivalent

children | (SEK) | (equivalent (SEK) (equivalent in USD“)

(ii) Act on Children and Parents Code 2006”

*° Information from Försäkringskassan (2010) Child allowance and large family supplement

"Ibid

* Source: http://www.nyiostergotland.se

* Information from Férstkringskassan (2010) Child allowance and large family supplement

** Applied exchange rate between SEK and USD is 0.143 (round up) on 26 Nov 2011 in www.xe.com

* Ibid

* Ibid

” Swedish Children and Parents Code No SFS 2006:458 (2006)

The 2006 amendment of the Children and Parents Code further emphasizes theimportance of consideration being given to the best interests of the child and toimprove the child’s right to be heard Previously, it has been clear from the rules in the

Children and Parents Code that the best interests of the child are to be the primary

consideration The importance of the best interests of the child is now further

underlined in that the Code stipulates explicitly that the best interests of the child must

be the determining factor in all decisions concerning custody, residence and access."Š

(iii) Children’s Ombudsman Act”

The Children’s Ombudsman Acct stipulates the responsibilities and role of children’sombudsman who have the task of representing the rights and interests of children andyoung people Children’s Ombudsman shall report to the social services committeewithout delay if in the course of his work he receives information to the effect that achild is abused at home or it must otherwise be assumed that the social servicescommittee needs to intervene to protect a child

3.1.2 Practice of foster care for children in Sweden

Foster care has existed in Sweden since the 18" century and is considered as the most

popular type of care for children in need of care The stipends for foster carers and all

related services are covered by government under Social services allowance scheme”.

According to Gunvor Andersson*', around 75% of those in out-of-home care were in

foster care and 25% in residential care, on the particular day of 1 November 2000 Foryounger children, foster care is more common than for older children In their research,Sven Hessle & Bo Vinnerljung found that all figures on the foster care population arerough estimates from several local, often small studies, and that the total percentagesexceed 100% since many children are placed for several reasons and since differentstudies have used different categories

+ In all studies from the 1980ies and 1990ies physically and sexually abusedchildren are few, 5-10%

5 A large proportion of placements is made due to parent's substance abuse, 35%

25-5 Children with "incapable" parents, many mentally disabled, make up for 20% of

placements

* Children with mentally ill parents for 15%

* Swedish Ministry of Justice (2006), New rules for the custody of children, Fact sheet dated 4 September 2006

* Swedish Children’s Ombudsman Act No SFS 2002:377

5° Hessle, Sven and Vinnerljung, Bo (1999), Child Welfare in Sweden - an Overview

*' Andersson, Gunvo (2002), Child and Family Welfare in Sweden

+ Possibly the largest group consists of children who have left their home due to family breakdowns, 30- 40% in two local studies.

The foster care model in Sweden can be described as below:

Graph 2 Foster care model in Sweden

3.2 China

3.2.1 Chinese national legislation for foster care

No specific law or act on the care for children without adequate parental care,including foster care, was promulgated However, there are several laws that have, in

some aspects, influences on the delivery and practice of foster care in China.

3.2.1.1 Law on the Population and Family Planning?

The Law on the Population and Family Planning advocates one child per couple(Article 18) and encourage Chinese citizens with a "Certificate of Honor for Single-Child Parents" to couples who volunteer to have one child in their lifetime Couples

awarded such a certificate shall enjoy the incentives provided for in State regulations

and in the regulations of their respective provinces, autonomous regions, ormunicipalities Employers shall obligatorily implement those incentive measures,

stipulated by law and regulation, favoring couples in their employ who have one child

over a lifetime (Article 27) This one-child policy, in some aspect, motivates Chinesefamily to take children to their family as fostering

3.2.1.2 Law on Marriage

Although the Law on Marriage was passed by the National’s Congress in 1980, the

Law does regulate the practice of foster care and kinship foster care in the followingprovisions

(i) Article 20: The relevant provisions of this Law governing the relationship between

parents and children shall apply to the rights and duties in the relationship between

foster-parents and foster-children The rights and duties in the relationship between afoster-child and his natural parents shall terminate with the establishment of hisadoption

(ii) Article 22: Grandparents who can afford it shall have the duty to bring up theirgrandchildren who are minors and whose parents are dead

(iii) Article 23: Elder brothers or elder sisters who can afford it shall have the duty tobring up their younger brothers and sisters who are minors, if their parents are dead orhave no means to bring them up

3.2.1.3 Law on the Protection of MinorsTM*

The Law on the Protection of Minors was enacted for the purpose of protecting thephysical and mental health of the minors, safeguarding their lawful rights and interests,promoting their all-around development ~ morally, intellectually and physically, andtraining them to be builders of and successors to the socialist cause with lofty ideals,

hinese Law on the Population and Family Planning (2001)

5} Chinese Law on Marriage No 9 dated 10 September 1980

* Chinese Law on the Protection of Minors No 60 dated 29 December 2006

sound morality, better education and a good sense of discipline, as stated in its Article

1.

The Law clearly states that minors shall, regardless of their sex, ethnic status, race,

family property background and religious belief, enjoy their right to life, the right to

development, the right to being protected and the right to participation, the right toeducation (Article 3) Under this Law, minors are citizens under the age of eighteen

(Article 2).

The Law on the Protection of Minors regulates the responsibilities of all duty bearerswho are family, school, society, judicial organ and other agencies in respecting andprotecting the rights of minors

3.2.1.4 Other relevant legislation

On 27 October 2003, China published its first-ever national guidelines on foster care

namely “Temporary Measures on Foster Care Management” This document clearly defines requirements for foster family qualifications, the foster care home study

procedure, the function and responsibilities of Foster Care Management offices, and

implementation of the Foster Care Agreement, foster care supervision, and legal

responsibilities, including the traditional kinship/foster care°Š.

Table 3 Monthly allowance for a foster family, including allowance for foster

3.2.2 Practice of foster care for children in China

Foster care as an alternative to institutional care was introduced to China in the early1990s by some INGOs as a supplement to the government orphanages In China, thereare two kinds of foster care, one is foster care inside the Social welfare centers and theother is outside the orphanages Foster care inside Social welfare centers refers to stafffrom the Social welfare center establishing a family with several children to provide a

* Zhong, Joshua (2004), Foster care in China

*° Information presented by the Chinese delegation to the Asia Family Placement Conference in Chiangmai,

Thailand, from 14 to 17 November 2011

'” Applied exchange rate between RMB and USD is 0.157 (round up) on 26 November 2011 in www.xe.com

family environment It aims at providing a more individualized and better service to thechildren The other form is to recruit parents in the community to foster children from

the Social welfare center 5.

Foster care programme in China is supported not only by the Government but alsoINGOs In collaboration with local governments, INGOs assist government Social

welfare centers in training Social welfare center staff on (i) recruiting, accessing and

training foster parents, (ii) accessing the child’s need, (iii) providing counselling andsupport services to families, (iv) providing rehabilitation therapy The Social welfarecenters gradually become the Services resource center where foster parents take theirfoster children to enjoy the services Foster children and foster families are monitoredand supported by community foster care workers, who are professional social workers.Social work was recognized as a profession in China from the end of 2006, and social

workers are now taking an important role in the promotion of foster care in China’.

It is noted that over 90% of children in Social welfare centers are children with

disabilities They have no contact with their biological families” Long term foster care

(permanence) is designed because the foster parents need added support and training to

be able to care for the child®' According to Care for Children, more than 250,000

children in institutions were moved to foster homes over the last ten years

Under the national guidelines on foster care management, both traditional foster careand foster care as a way of deinstitutionalization are under proper management andmonitoring

* Meng, Liu and Kai, Zhu (2009), Orphan Care in China, Social Work & Society, Vol 7

® Information presented by the Chinese delegation to the Asia Family Placement Conference in Chiangmai,

Thailand, from 14 to 17 November 2011

© Information presented by the Chinese delegation to the Asia Family Placement Conference in Chiangmai,

Thailand, from 14 to 17 November 2011

*' Source: Care for Children

The foster care model in China can be described as below:

Graph 3 Foster care model in China

am ameBirth family

3.3 Vietnam

3.3.1 Vietnamese national legislation for foster care

Vietnam has made its efforts to establish a national legal system for child protection

and care The country is gradually improving its legislation to address and facilitate thedevelopment of alternative community- and family-based care, including foster care

3.3.1.1 Law on Protection, Care and Education of Children”

Passed by the National Assembly of Viet Nam in 1991, and amended in 2004, the Law

on Protection, Care and Education of Children follows the principles of the UNCRC

and stipulates the roles and responsibilities of different key actors within the child andfamily welfare system in Viet Nam The Law states the responsibility for protection,

care and education of children lies with families, schools, State agencies, social

organizations and all citizens In particular it states that parents and guardians haveprimary responsibility for the care and upbringing of their children

The Law on Protection, Care and Education of Children regulates that the People’sCommittees at all levels have the responsibility to arrange the care for children inspecial circumstances, especially children without primary care givers, in alternativehomes (Article 25, Article 42) The Law affirms the family-like environment is the bestliving environment for children

The People’s committee is responsible to access and decide the alternative for a childwho is in need of care, especially the conditions of his/her kin-family The referral of achild in exceptionally difficult conditions to residential care is the last resort whenneither kin family nor alternative family is available

3.3.1.2 Law on Marriage and Family”

Beginning with the sentence “Good families make good society, good society makes

better families”, the Law on Marriage and Family affirms the importance of the family

in Vietnamese society Article 34 of the Law states that parents have the obligation and

right to love, look after, rear, care for, and protect the legitimate rights and interests of

their children; respect their children's opinions; attend to the education of their children

so as to ensure their healthy development in all physical, intellectual and moral aspects

so as to become dutiful children in the family and useful citizens in the society In

Chapter IX of this Law, in case the parents are not able to perform their right and

obligation towards their child, it is required to assign a guardian for the child who is the

elder sibling or grandparents, uncles or aunts by the court.

ietnamese Law on Child Protection, Care and Education No 25/2004/QH1 | (2004)

ietnames Law on Marriage and Family No 22/2000/QH10 (2000)

3.3.1.3 Decree No 67/2007/NĐ-CP, Decree No 13/2010/NĐ-CP and Decision No.

38/2004/OD-TTg

Decree No 67/2007/NĐ-CP dated 13 April 2007 and Decree No 13/2010/NĐ-CP

dated 27 February 2010 as the amendment and supplement on financial allowance

scheme to Decree No 67/2007/NĐ-CP, regulate support policies for protectionbeneficiaries which is a social assistance policy providing financial support to childrenand families in exceptional difficult conditions, including families and individualscaring for orphaned and abandoned children and the orphaned and abandoned childrenthemselves Apart from the financial allowance, orphaned and abandoned children areeligible to free health care and education and are provided with material support such

as books and uniforms if they are going to schools These two documents promulgate

the responsibilities of relevant Ministries, including the Ministry of Labour, Invalids

and Social Affairs, the Ministry of Health, the Ministry of Education and Training, theMinistry of Finance and other ministries in coordinating and providing financialallowance, free education and free health care to orphaned and abandoned children incommunities The Provincial People’s Committee is in charge of managing the support

to all social protection beneficiaries in the locality, including orphaned and abandonedchildren Individuals, organizations and companies are encouraged to provide support

to children in need of care

The Decision No 38/2004/QĐ-TTg dated 17 March 2004 sets out the target groups of

children for foster care, which are orphaned and abandoned children; eligibility criteriafor prospective foster carers, both kinship foster parents and foster parents; theresponsibilities of foster families; the financial allowance for foster parents; and writtenagreement of the child and his/her guardian This Decision No 38/2004/QD-TTgregulates the duty of the Provincial People’s committee in ensuring the financialresource for foster care, making decision related to granting or terminating financialallowance to foster families, managing the financial allowance and coordinating withother local agencies to arrange foster care placements However, the CommunePeople’s committee is the agency who directly manages all the orphans and abandonedchildren in foster care in the commune

Young persons aged from full 16 to under 18 who are orphaned and abandoned are also

entitled for allowance and support under Decree No 67/2007/ND-CP, Decree No

13/2010/NĐ-CP and Decision No 38/2004/QD-TTg.

®* Vietnamese Decision No 38/2004/QĐ-TTg (2004), Decree No 67/2007/NĐ-CP (2007) and Decree No.

13/2010/NĐ-CP (2010)

The financial allowance to foster children and foster parents follow the regulations inDecree No 13/2010/ND-CP The Provincial People’s committees are obliged to securethe minimum allowance to foster carers and are encouraged to increase this allowancesubject to the availability of local budget.

Table 4 Monthly subsidy for a foster child and foster family in Vietnam

Category of Child subsidy | Child subsidy | Foster parent Foster parent foster child (VND) (equivalent in subsidy per subsidy per

usp®) foster child” foster child

old; and over 18

months old with

3.3.1.4 Other relevant legislation

The proposal for the National Project on Social work Profession Development in Viet

Nam for the period 2010-2020 was approved by the Prime Minister in 2010 The

general objectives of the proposal are to increase society’s awareness on the social

work profession; and to develop a qualified pool of social workers and collaborators to

contribute to the development of an advanced national social security system

Development of professional social work professionals will provide sufficient qualified

human resource for the implementation of an improved alternative care system,including foster care service

®5 Vietnamese Decree No 13/2010/NĐ-CP (2010)

°° Applied exchange rate between USD and VND is 21.000 on 26 November 2011 in www.xe.com

°’ The amount is accumulated on the number of foster children

%3 Applied exchange rate between USD and VND is 21.000 on 26 November 2011 in www.xe.com

© Vietnamese Decision No 32/2010/QĐ-TTg (2010)

3.3.2 Practice of foster care for children in Vietnam

According to MOLISA, as of the end of 2009, approximately 33.500 orphaned andabandoned children in communities, out of 1.4 million CEDC, were placed in 11,300alternative families including 7.000 kinship foster families and 4.300 foster familiesnationwide These figures show a higher percentage of kinship foster in Vietnam

The research studied three different cases of foster care in Ha Noi to further understand

the implementation of foster care legislation”.

(i) Case I: kinship care:

The twin children were placed in kinship care with maternal grandparents without anylegal decision; no procedures were followed The grandparents provided foster care fortheir grand daughters as an obvious, natural and traditional arrangement The kinshipcarers received around | million dongs per month [equivalent to approximately USD

50] as the subsidy for their twin orphaned grand daughters and for themselves, under the Decree No 13/2010/ND-CP, that means 36,000 dongs per day [less than USD 2]

for the whole family, including two kinship foster daughters and the grand parents.They were concerned that the amount was not sufficient to foster their 14-years-oldgrand daughters Apart from the financial subsidy from the Government, the girlsreceive free health insurance and schooling No other support services were provided tothe kinship family nor was assessment of care conducted, although local authoritiesoften pay visits to their homes on special occasions Despite the neither fact that neitherthe consent of the children in kinship care was sought nor care plan was in-place, thetwin girls showed their happiness when living with their grand parents and expressed

their wish not to be placed in institutional care.

(ii) Case II: foster care support by HealthRight International - an INGO:

Proper placement procedures were conducted, following the guidelines of HealthRight

International The identification of orphan and vulnerable children in need of care in

the community was taken by the District Foster care panel (comprising of VicePresident of Peoples’ Committee and representatives from district Department of

health, district Department of labour, invalids and social affairs and Women’s Union).

With the support of professional social workers who are staff of the INGO, a care plan

was developed with the permanence as long-term foster care Monthly, the project

provided the foster mother with stipend for nutritional support, clothes and shoes,bedding, education supplies and fees and transportation for child, and VND 900,000[equivalent to USD 43] as care support allowance The foster mother was also provided

” Please refer to the Annex for the interview questions

with training, counselling and needful services and interventions by the project Thefoster child was exempted from school fee and health care.

Regular monitoring and assessment was conducted by the District foster care panel,with the collaboration and guidance from professional social workers Although thefinancial support was no longer available after the conclusion of the project, the fosterparent continued fostering the child and the child also wanted to stay in her foster

home.

(iii) Case III: foster care support by Holt International Children’ Services - an INGO:

The interviewee was as a care giver in a government social protection centre fororphans and children with disabilities She used to be a foster parent for the foster careprogramme operated by Holt Holt cooperated with Government orphanages to providetemporary foster care for children in orphanages while waiting for adoption Foster

families were accessed by social workers from Holt and the final decision of

recruitment was made by provincial DOLISA

The carer did not receive any financial support from the Government programme butHolt provided her with VND 1,600,000 [equivalent to USD 76] as the reimbursement

of the child’s necessities, food, utility costs (such as electricity, gas, water) and stipendfor fostering the child In addition, training on parental skills and children as well ascounselling was provided to the foster parent by Holt social workers The wholeprocess of placing the child into foster home, including the assessment on thedevelopment of the foster child and the care provided, was monitored and evaluatedregularly by Holt, following the standard guidelines of the organization

It was noticed that no evidence of obtained legal order from the court, as stipulated in

the Law on Marriage and Family, was proved in all of the three cases above

Government social workers

not yet available Labour-Invalids and Social Affairs

sector Count does not

involve, although regulated in Law

Notes: The grey parts are not yet available in Government foster care programme, incomparision with Swidish and Chinese government programmes

3.4 Analysis and diseussion: lessons learned

The key findings prove that Sweden has a strong legislation for foster care and wellimplements the legislation in the practice of foster care delivery for all children andyoung persons under 20 years of age who are in need of alternative care China has a

relatively similar legal basis for foster care like Vietnam, but the country is one step

forwards with the issuance of national guideline “Temporary Measures on Foster careManagement”, the regulation on the age of children to 18 years, the available of childwelfare social workers and the necessary transform of institutions

Lessons from the legislation and practice of foster care of Sweden and China are drawnfor Vietnam as below

3.4.1 The compliance with UNCRC and UN Guidelines on Alternative Care of

Children

Sweden well comply with the UNCRC and UN Guidelines on Alternative Care ofChildren The country has made great efforts to keep children in, or return them to, thecare of their family and ensure foster care is identified and provided when it is the mostsuitable form of alternative Sweden commits to perform its responsibilities andobligations to its children, specifically children in foster care, with the involvement of

public and private sectors, including civil society The Social Services Act, the Care of

Young Persons Act and other relevant legal document clearly reflect the principles ofUNCRC and UN Guidelines on Alternative care of Children

A strong legislation in which the principles of the UNCRC and the UN Guidelines onAlternative Care of Children are clearly stated is required for clear guidance and

instructions.

3.4.2 Children in foster care

In Sweden, foster care service is the best alternative for all children in need of specialcare, not only orphaned and abandoned children like in China and Vietnam

In Vietnam, children are persons under 16 years of age according to the Law on ChildProtection, Care and Education but persons from full 16 to under 18 years who are inexceptionally difficult conditions are also eligible for foster care; while in China,children are those who are under 18 years old, and in Sweden, persons up to 20 yearscan benefit from foster care