Luận văn thạc sĩ development of foster care service for children in special circumstances in vietnam

UPPSALA UNIVERSITET & LINTVERSITY OF ECONOMICS & BUSINESS, VNUH UPPSALA UNIVERSITET MASTER THESIS OF MPPM DEVELOPMENT OF FOSTER CARE SERVICE FOR CHILDREN IN SPECIAL CIRCUMSTANCES IN

UPPSALA UNIVERSITET &

LINTVERSITY OF ECONOMICS & BUSINESS, VNUH UPPSALA

UNIVERSITET

MASTER THESIS OF MPPM

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

Chử Đức Toàn, MPPM Intake 4B

Supervisor: Dr Sven Jungerhem Local supervisor: Dr Pham Va Thang Class: MPPM, Intake 3 - Group 9

Ha N6i, January 2012

Every child deserves a home of his own

Harry Holt

-ACKNOWLEDGEMENTS

With utmost appreciation, we would like to acknowledge the continuous guidance and constructive supervision trom our supervisors Mr, Sven Jungerhem and Mr Pham Vụ Thang Special thanks to the respondents wha were willing to participate in this study

We would like to thank all the individuals who participated in the interviews and

contributed (o the results of this research

We would like to extend our gratitude to all the lecturers in the Master Programme on Public Management, particularly Mr Do Tien Long and Mr Nguyen Ngoc ‘Thang, and

the programme coardinator Ms, Nguyen Phuang Lan

This study is dedicated ta 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 as

the 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 ta come up with the recommendations on the development of foster care service in Vietnam through the improvement 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 of institutional/residential care and placed into foster homes

Methodology:

With current legislation and policy an foster care in Viel 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 stndy 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 legistation and policy on foster care and the

implementation of foster care services in Vietnam Putting Vietnam in a comparison

‘with Sweden and China, the rescarch finds out that the existing legal documents of

‘Vietnam are not comprehensive; there is no standard term for “foster care"; there is no

national standardized guidelines on foster care for children in special circumstances;

there is no support services for faster children and foster/kinship familics; there is neither 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 the problems, in the aim to promote the devclopment of foster care service for children in special circumstance in Vietnam

Recommendations fur actions until 2015

The group of recommendations for strengthening and improving

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

2) Regulate the age of'a child with an increase from 16 lo 18 years

3) Regulate the roles and responsibilitics of all players in foster care serviec

delivery 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 wansformation of Social Protection Centres to Social

Resources Centres

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

in need of care; standardized procedure tor foster care placement (pre-, during and

post placoment); services and support available for fosler families and foster

children, including well-structured financial allowance scheme, with the experience

from pilot foster care programmes of INGOs in Vietnam

8) Establish a commillee responsible for child welfare, including fuster care, with

decision-making responsibility for ali foster care placements and support ta be

granted

9} Set up a strong monitoring and evaluation system

Recommendations for actions 20

The group af 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;

Gi) A costing study on the minimum package of foster care service for children

without adequate parental care in Vietnam:

(ili) 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 altemative 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 af the child and the UN Guidelines on Alternative care of Children

2) Develop a national strategy on human resource for child and family welfare from

local 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 volunteer fostering, especially kinship foster care,

4) Promote the involvement of all economic sectors, especially private sector, in

providing child welfare serviccs

Limitations:

ess fo documents

tation in access lo legal documents on foster care, especially legal

document in China

fii) Limited research sampling/access to key informants

As this is a personal study touching an a new policy in Victnam, difficulties were met

in contacting local authorities for imerviews Officers in public sector hesitated 10

provide their personal ideas an existing legislation on [oster care and the abstacles 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 lopic for research and no previous research

reports were disseminated

tiv) Limitation of length for the final research report

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

technical social work aspect

Contribution of the thesis: The research aims at serving as the foundation for

policy makers for the long-term scaling up of foster care service for children in

Vietnam, with recommendations for immediate actigns of improving the existing legislation for foster care

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

UNCRC, UN Guidelines on Alternative Care of Children

TABLE OF CONTENT

ACKNOWLEDGEMENTS

ABSTRACT

TABLE OF CONTENT

ACRONYMS AND ABBREVIATION!

LIST OF GRAPHS, CHARTS AND TABL

CONCEPT OF TERMINOLOGIES

CHAPTER I: INTRODUCTION

1.1, Motivations for and objective of the research

7.4.1, Mativations far the research

1.1.2 Objective and aim of the research

1,2 Literature review

1.3 Scope of research

14 Research questions

1.5 Structure of the thesi

1.6 Limitations of the researc!

4.4.1, Principle of the UNCRC

2.4.2 Principles of ihe UN Guidelines on

SERVICE FOR CHILDREN IN VIETNAM IN COMPARIS!

AND CHINA

3.1 Sweden

3.1 1 Swedish national legislation for faster care

3.1.2 Practice of foster care for children in Sweden

3,2, China

3.2.1 Chinese national legislation for foster care

3.2.2 Practice of foster care for children in China

3.3 Vietnam

3.3.1 Vietnamese national legislation for foster care

3.3.2 Practice of foster care for children in Viernam

3.4, Analysis and discussion: les:

344 The compliance with

4.2 Children in foster care

3.4.3 The procedures for foster care placement

34d The availabitity of services for foster families and foster children

345 The role of sacial workers +

3.4.6 The function of institutions

3.4.7 Monitoring and evatuation “

3.3.8 The bmuolveiehI QŸ 80H-SI4Ie seeldF

3.4.8 The rolex und responsibilities uf different agencies

CHAPTER 1V, CONCLUSION AND RECOMMENDATIONS FOR THE

4,1 Recommendations for actions until 2015

4.4.4 The group of recommendations for sirengthening and in impraving

4.1.2 The group of recommendations for developing and issuiny

4.2, Recommendations tor 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

ACRONYMS AND ABBREVIATIONS

Acquired human immunodeficiency syndrome

Children in exceptionally difficult conditions

Department of Labour, Invalids and Social affairs

Human immunodeficiency virus

Intemational non-governmental organization

LIST OF GRAPHS, CHARTS AND TABLES

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

Graph 2 Foster care model in Sweden

Graph 3, Faster care mode] in China

Graph 4 Foster care model in Vietnam

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

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

Table 1 Principtes of UN Guidelines on Alternative care of Children

Table 2 Child allowance and large family supplement in Sweden

Table 3 Monthly allowance for a fuster family, including allowance for faster child, in

China

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

| Vietnamese Nationaf Assembly (2010) Law on Adoption No 52/201 0/QU 12, Art

* United Nations General Assembly (2009), Guidaliney an Alternative Care uf Chit

CONCEPT OF TERMINOLOGIES

Adoption refers to the establishment of a parent-and-child relationship between the adopters and the adopted upon fulfilling the requirements of the law,

Altemative care is the form of care provided to a child who temporarily or permanently deprived of his or her family environment, or in whose awn host interests cannot be alluwed to

remain in that environment,’

The birth family is a family consisting of parents and their

biological 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 cighteen 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 arc children with physically or

mentally abnormal conditions, who are unable to exercise their fundamental rights and integrate with the family and community’,

Chidren in special circumstances are: (J) children with

disability/disabilities; (2} child victims of toxie chemicals, (3)

orphans and abandoned children; (4) children infected with

HIV/AIDS; {5) children in hard and hazardous jobs or expose to

toxic substances; (6) children working far from their families; (7)

street children; (8) child victims of sexual abuse; (9) children

3

1, Guideline 28-6

" Sourve: ‘The Freedictionary.com

* Source: UNICEF Vietnam

© United Nations Gicnural Assembly (1989) Convention on the rights of the child, Acticle |

“ Vietnamese National Assembly (2004), Law on Child Protection, Care and Education No, 25/2004/QH11

Article |

"Ibid Article 3

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

According to the UN Guidelines on Alternative Care of Children, foster care refers to situations where children are placed by a

competent authority fur the purpose of alternative care in the

domestic environment of a family other than the children’s own

family that has heen 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 “chim sdc dé dau” (sponsorship), “chim nudi tam

thi” (temporary care), “nh4n nuéi” (adoption)

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

All care provided in a family environment which has been ordered

by @ competent administrative body or judicial authority, and all

care provided in a residential environment, including in privale

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

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 legitimate

rights and interests af a minor or a person who has lost his/her civil

act capacity."

A group living arrangement in a specially designed or designated

facility where salaried staff or volunteers ensure care for children

These centres, known as Sovial Protection Centres in Viet Nam, usually offer long-term care services (over 6 months) and may be

operated hy Government, International Non-Government

* Vietnamese National Assembly (2004), Lent on Child Protection, Care and Education No 2520/QHIL I, Article 40

” United Nations Gencral Assembly (2009), Guidelines on Alternative Care of Children, Guideline 28-¢

© United Nati

s General Assembly (2009), Guidelines on Alternative Care af Children, Guideline 28-b

" Vietnamese Government (2005), Decision No 65/2005

jetamese National Assembly (208), Civi! Code No 33/2

TT

OS QUE, Arti

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, al the initiative of the child, his/her parents or

other person without this arrangement having been ordered by an acininistrative or judicial authority or a duly accredited body"

Kinship foster care is family-based care within the child’s extended

family 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 children for reasons, such as poverty, disability, HIV/AIDS, migration to urban areas for work etc!”

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

" Lnited Nations General Assembly (2009), Guidelines an Alternative Care of Chitdren, Guideline 28-b

* Thid

* Sour

Aniele 3

: Child Protectivn Section, UNICEF Vietnam

Vietnamese National Assembly (2004), Law an Child Protection, Care and Education No

2004 QHI1,

CHAPTER I: INTRODUCTION

1.1 Mati

11.1 Motivations Jor 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, Viemam proved its stong 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 the

commitment made as well as to respond to international recommendations on child

care and protection Only one year after the ratification of the UNCRC, Vietnam

promulgated the Law on Child Protection, Care and Education; and in 2004, this law

was amended to better reflect the principles of UNCRC’*

ions for and objective of the research

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) to

integrate in community, stabilize their lives and have the opportunitics to enjay their

rights according to the Law; (2) gradually fill the gap in living standards between the children in exceptionally difficult conditions and other normal children in their cormnunities by mobilizing all social resources and promoting community-bused care

for 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 1Q than children in institutional care and the cost-per-

user for institutional care is six times more expensive than providing social services to

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”

Vietnamese Law on Child Protection, Care and Education amendment No 24/2004/QH 11 (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 insintutions, p 12

? Vicinamese Ministry of Labour, lnvalids and Social Affairs (2011) National Programme on Child Protection jor the period af 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 and

well-being of children, there is the need to find a substilute family environment to

maintain 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 toster homes

(including kinship fosier 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

1.1.2 Objective and aim of the research

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

aspect of law and policy making

Save the Children Fund (2009) Keeping Children out af Harmfid institutions, p.6 — 10

The research aims at scrving as the foundation for policy makers in the process of

scaling 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 in Sweden which are the Social Services Act and the Care of Young Persons Act In their studies, Andersson and Hessle & Vinnerljung also described a profile of children in care, with a section on foster care population

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 in the child prutcetion 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 stale “the best interest of a child?

the key to ali 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

* hang, Laney (2007), Children’s Rights: Chine

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

* RG Fao déng-Thuong binh vA Xa hoi & LINICER (2009) Nay dựng mỗi tracing be vi tré em Viet Nam: Brink

giả pháp luật và chỉnh sách bảo vệ trẻ enl đặc biệt là trẻ em có hoàn cảnh đặc biệt ớ Việt Ngự

*Ê Primary level: prevenrion; secandary level: earfy intervention; tetiary level: intervention and rehabilitation

1.3 Scope of research

‘Ihe 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 Victnam, 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 te improve its legislation on foster

care in ordcr 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 and the objective of the thesis Chapter 1] describes the theoretical framework, approaches and the methodologies on which the research is based Chapter IIL analyzes and

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

its implementation in Victnam, with Sweden and China as comparalive case studies

Chapicr IV concludes the discussion and proposes recommendations for the development of foster care service in Vietnam, with specific suggestions to adapt the

fessans learnt from Sweden and China to Vietnamese context

1.6 Limitations of the research

(i) Limited access ta documents

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

document in China

(itj Limited research sampling/access to key informants

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

in contacting loval authoritics for interviews Officers in public sector hesitated 19 provide their personal ideas on existing legislation on foster care and the obstacles they meet in their work due to the regulations

fii) 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

fiv) Limitation of length for the thesis

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

technical social work aspect

CHAPTER il THEORETICAL FRAMEWORK OF THE RESEARCH,

APPROACH OF THE RESEARCTI AND RESEARCH METHODOLOGIES

As mentioned in the first Chapter, as carly as the initiation of this rescarch, 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 onc bul follew the UN Canventian

on the Rights of a Chik (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

24.1 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 specitically 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 tor ensuring that all alternative care services shall conform with

the standards established by competent authoritics, particularly in the arcas 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 her

family 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 Jaws, such vare could include, inter alia, foster

placement, kafalah of Islamic law, adoption or if neccssary placement in suitable

institutions for the care of children

(iii) Article 40 states that a variety of dispositions, such as care, guidance and

ision orders; counseling; probation; foster care; education and vocational

training programmes and other alternatives to institutional care shall be available to

ensure 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

ADOPTION FAMILY

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 and

practice They are designed for wide dissemination among all sectors directly or

indirectly 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:

19

(ii) Ensure that, while such permanent solutions are being sought, or in ca:

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;

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

obligations in these respects, bearing in mind the economic, social and cultural

conditions prevailing in each State; and

(iv) Guide policies, decisions and activities of all concerned with social protection and child 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

Assist and encourage governments to better

implement their responsibilities and

‘obligations in these respects, bearing in

mind the economic, social and cultural

conditions

prevailing in each State

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 Bam (1998), Phuong phap luin nghién cttu khoa hoc

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

care service for children in Viemam, from the policy-making perspective

Moreover, this rescarch follows the right-based approach to study ani 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 international

organizations, especially UN agencies, in their recent studies and research on child

care, protection and education in Viemam’!

2.3, Research methodologies”

With the two approaches, the following research methodologies are applied during the

process of data collection and analysis and discussion

2.3.4 Desk review

Lhe 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

Gi) legislation and policy on child welfare, particularly foster care, and the practical

implementation 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 dircctly invulve in foster care delivery and management were conducted ‘he purpose of these interviews is to verify and

supplement the information on existing legislation and the implementation of collected

in the desk review

From the interviews, hree typical cases of three different fuster cure service providers

in Vietnam, one by the Government and two by INGOs, are studied to further analyze

the situation of foster care service in Vietnam

2.5.3, Policy analysis

The research applies “problem tree” method in policy analysis methodology to identify

and cmboss the cxisting short comings and problems in foster care logislation in

* UNICEF (2010), Situation Anulysis of Children in Vietnam 2010

* Vai, Cao Dâm (1998), Phương pháp luận nghiên cứu khoa hạc

Victnam 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 ¢o September 2001, with further supplementing

until November 201

2.4.11 Secondary data

Secondary data were collected from the following sources:

(i) Fram the internet

Internet is an open source digital library with a large variety of valuable materials for

this research The majority of references in the research were searched in the internet

These references are rescarch reports, articles in scientific journals with the rclevant

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 in different universilics in Sweden and in other countries Several research of university lecturers and dissertations of students with relevant topic areas were found, which were

helpful ta the research in terms of approach and research methodolagies

(ili) From the Ministry of Labour, invalids and Social affairs

The Ministry of Labour, Invalids and Social affairs (MOLISA) is the government

agency responsible for child protection and carc This ministry initiates all logal

documents and regulations on child care and protection, and directs, coordinates and manages foster care serview The legal dacument as well as the number of children in foster care, number of foster/kinship families were provided by the Administration of Social 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 [lealthRights are the three international organizations promoting for

foster care service in Vietnam Holt and HealthRights are the only international non-

governmental organizations (INGO) dircetly involve in foster care service delivery in

Vietnam in some localities where they established their projects’ UNICEF, IJolt and

* HealthRights International concluded its Faster care project at the beginning of September 2011, after the 40- month implementation in 4 districts of Ha Koi.

HealthRights provided their project evaluation reports and other reports on child

welfare and child protection system in Viemam

(v) From Care for Children

Care for Children is one among the INGOs in China who contribute to the

development of foster care in China Information on the actual implementation af legal documents on foster care in China was collected in the “Family Placement” conference the first conference on foster care at a regional ievel in Asia,

24.1.2 Primary data

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

delivery system in Vietnam Interviewee:

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

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

(ii) Country representative, Holt Intemational Children’s Scrvice 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 Dinh

township, Ung Hoa district, Ha Noi

(vi) Foster parents cum care giver in one governmental social protection centre or orphans and disabled children, Tu Licm district, Ha Noi

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

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

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

Hoa district, Ha Noi

(x) 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

Lhe majority of the interviews were prepared in advance following a list of questions

and were recorded For the cases of a foster parent and her foster child in the

HealthRight Intcmational supported project, the interviews were not recorded al site in

order not ta put any pressure/fear on the children

2

2.4.2 Data analysis

Qualitative data and information collected for the rescarch arc 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, slatistics are only

for the purpose of supplementing qualitative analysis in the roscarch.

24

CHAPTER IIE, 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 and

Vietnam However, this research focuses on the key documents that directly govern the

delivery of foster care service in these countries

4.1 Sweden

3.11 Swedish national legislation jor 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 carly as 1902

Swedon got the first child welfare legislation as a conscquence of the nation’s rapid

industrialisation and urbanisation at the end of the 19th century, and influenced by

trends of social conteol within the European sacial policy, the child welfare legistaion

aimed to save young people from assumed future criminality”

SL Social Services Act

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

democracy weltare state, the basis of the Social Services Act is that all citizens are of

equal valuc and have the same right {o 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 of the child shall be specially obscrved when measures affect children A child is a person under [8 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) in

his/her home surroundings (Chapter V1, Section 2 and Section 5) The altemative

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

decision of placing the child (Chapter V1, Section 6)

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

a general care plan is drawn up stating the child’s needs, the aims of the measures

decided on, and the parties respensible for implementing them (Chapter XT, Sectiun 3)

* Fsping-Andersen, G {1990} The Three Warlds of Welfare Capitalism

* 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 VI

Section 8)

The Sacial Services Act promulgatcs 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)

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

providing social services, including faster care for children in need of care, as well as

the responsibilitica of the child's birth family the foster family, the local autharily and the 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 This Act supplements the Social Services Act in praviding specific regulations on the care

of children and adolescents

The Carc of Young Persons Act regulates the provision of care and handling

procedures as well as the duty of the Social welfare committee, the County

administrative court and the involvement af police

In the introductory provisions, the Act strongly states that “the best interest of the young 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 the

young person hinvherself if over 15 years of age Children under 15 years of age are

also heard if he/she does not suffer harm from being questioned in the judicial and

other proceedings (Section 36)

Young persons in need of care in this Act are persons under 18 years of age due to

physical or mental abuse, neglect, exploitation and some other circumstances in the home, there is a palpable risk of detriment fo the young person's health or development

(Section 2}; or if the young person exposes his/her health and development to a

palpable risk of injury through the abuse of additive substances, criminal activity or

Graffman, Katarina (2009), El praject document on Kindship carers hy Memoar Sverige

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

some social degrading, behaviour (Section 3) In the latter case, ynung persons who are aged 18 but not more than 20 are also eligible

[n general, the Care of Young Persons Act provides regulations on the circumstances

that care must be provided and the procedures of handling with the principle of “best

interest of the young person” as the fundament for ait 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 child attains the age of 16 If the child studies at upper secondary school, the Government will 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 ensurc good

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

Table 2 Monthly child allowance and large fansily supplement in Sweden”

Number Chikl Chủ — 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”

4 Information from Forsakringskassan (2010) Child allowance ued large family supplement

Ibid

©

1p:"/wwrw.nyiastergotland.se

ion from Forstikringskuysan (2010) Child allowance and larye family supplement

* applied exchange rate between SEK and USD is 0.143 {round up) on 26 Nov 2041 in ww.xc.com

* Wid

“Ibid

© Swedish Children and Parents Code No SFS 2006:453 (2006)

‘The 2006 amendment of the Children and Parents Code further emphasizes the

importance of consideration being given 1o the best interests of the child and to improve 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 importanec of the best interests af 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 aecess.**

(iti) Children’s Ombudsman Act”

The Children’s Ombudsman Act stipulates ihe responsibilities and role of children’s

ombudsman who have the task of representing the rights and interests of children and

young people Children’s Ombudsman shall report to the social services committee

without delay if in the course of his work he receives information to the effect thal a

child is abused at home or it must otherwise be assumed that the social services committee needs to intervene to protect a child

3.1.2 Practice of foster care for children in Sweden

Foster cure 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 78% of those in out-of-home care were in

foster care and 25% in residential car, on the particular day of | November 2000 For

younger children, foster care is more common than for older children In their research, Sven Ilessle & Bo Vinnerljung found that all figures on the foster care population are rough estimates from several local, often small studies, and that the total percentages exceed 100% since many children are placed for several reasons and since different studies have used different categories

+ In all stu from the 198Oies and 1990ies physically and sexually abused

children are few, 5-10%,

+ A large proportion of placements is made due to parent's substance abuse, 25-

* Swedish Ministry of Justice (2006), New rules for the custoay of children, Fact shect dated 4 Septernber 2006

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

** Heesle, Sven and Vinnerljung, Bo (1999), Chitd Welfare in Sweden ~ an Overview

# Andersson, Gunve (2003), Child and Family Welfare inr Sweden

+ Possibly the largest proup 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.] Chinese national legislation sor joster care

No specific law or act on the care for children withoul 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 couplcs 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, or

municipalities, Employers shall cbligatorily implement those incentive measures,

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

over a lifetime (Articls 27) This one-child poticy in some aspect, motivates Chinese family 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 following provisions

(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 a foster-child and his natural parents shall terminate with the establishment of his

adoption

(ii) Article 22: Grandparents who can afford it shall have the duty to bring up their

grandchildren who are minors and whose parents are dead

(iil) Article 23: Elder brothers or elder sisters who can afford it shall have the duty to bring up their younger brothers and sisters who are minors, if their parents are dead or

have no means to bring them up

3.2.1.3 Law on the Protection of Minors

‘The Law on the Protection of Minors was enacted for the purpose of protecting the

physical and mental health of the minors, safeguarding their lawful rights and interests,

promoting their all-around development — morally, intellectually and physically, and

training them to be builders of and successors to the socialist cause with lofty ideals,

= Chinese Law on the Population and Family Planning (2001)

© 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 to education (Article 3), Under this Law minors are cilizens under the age of cighleen

(Article 2)

The Law on the Protection of Minors regulates the respansibililics of all duty bearers

who are family, school society, judicial organ and other agencies in respecting and

protecting the rights of minors

3.2.4.4 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 responsibilitics of Foster Care Managemeut offices, and

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

responsibilities, including the traditional kinship/foster care

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

chitd, in China

(RMB) | (equivalent in USD” |

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 early 1990s by some INGOs as a supplement to the government orphanages In China, there

are two kinds of foster care, one is foster care inside the Social welfare centers and the

other is outside the orphanages Foster carc inside Social welfare centers refors to staff from the Social welfare center establishing a family with several children to provide a

58 Zhong, Joshua (2004), Faster eure in Chưa

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

Thailand, fram 14 to 17 November 2011

™' Applied exchange rate berween RMB and USD is 0,157 (round up} on 26 November 201 | in www xe.com

family environment It aims at providing a more individualized and better service to the

children The other form is to recruit parents in the community to foster children from

the Social welfare center

Foster care programme in China is supported not only by the Government but also

INGOs 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 and

support services to families, (iv) providing rehabilitation therapy The Social welfare

centers gradually become the Services resource center where foster parents take their foster children to enjoy the services Foster children and foster families are monitored

and 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’

Lis noted thal 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 care

and foster care as a way of deinstitutionalization are under proper management and

monitoring

?Ê Meng, Líu and Kai, Zhu (2009), Grphan Care in China, Sucial Work & Socicly Vol 7

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

Thailand, from 14 lo 1? November 2011

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

Thailand, from 14 to 1? November 29] L

° Source: Care for Children

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

Graph 3 Foster care model in China

3.3 Vietnam

3.3.1 Vietnamese national legislation for foster care

Vietnam has made its effaris 10 establish a national legal system for child protection

and caro The country is gradually improving its legislation to address and facilitate the

development 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 and family welfare system in Viel Nara The Law states the respunsibility 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 have

primary responsibility for the care and upbringing of their children,

The Law on Protection, Care and Education of Children regulates that the People’s

Committees at all levels have the responsibility to arrange the care for children in special circumstances, especially children without primary care givers, in alternative

homes (Article 25, Article 42) The Law affirms the family-like environment is the best

living environment for childron:

The People’s commitige is responsible to access and decide the alternative for a child

who is in need of care, especially the conditions of his/her kin-family The referral of a child in exceptionally difficult conditions to residential care is the last resort when neither kin family nor alternative family is available

3.3.1.2 Law on Marriage and Family?

Beginning with the sentence “Good families make good socicly, goad socicty makes

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

in Vietnamese society Article 34 of the Law states that parcnts 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 ta ensure their healthy development in all physical, intellectual anc 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 fur the child who is the

elder sibling or grandparents, uncles or aunts by the court

™ Viernamese Law an Child Protection, Care and Education No, 25/2004/QH1 1 (2004)

© Vietnames Law on Marriage and Family No 22/2000/QH10 (2060)

scheme to Decree No 67/2007/ND-CP, regulate support policies for protection

beneficiaries which is a social assistance policy providing financial support to children and families in exveplional difficult conditions, including families and individuals

caring for orphaned and abandoned children and the orphaned and abandoned children

themselves Apart from the financial allowance, orphaned and abandoned children are

eligible to frce 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 Elealth, the Ministry of Education and Training, the Ministry of Finance and other ministries in coordinating and providing financial allowance, free education and free health care ts orphaned and abandoned children in

communities The Provincial People’s Committee is in charge of managing the support

to all social protection beneficiaries in the locality, including orphaned and abandoned

childrcn Individuals, organizations and companics are encouraged to provide support

to children in need of care

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

children for foster care, which are orphaned and abandoned children; eligibility criteria

for prospective [foster carers, both kinship foster parents and foster parents; the

responsibilities of foster families; the financial allowance for foster parents; and wrillen agreement of the child and his/her guardian This Decision No 38/2004/QD-TTz

regulates the duty of the Provincial People’s committee in ensuring the financial

resource for foster care, making decision related to granting or terminating financial

allowance to foster families, managing the financial allowance and coordinating with

other local agencics to arrange foster carc placements However, the Commune

People’s committee is the agency who directly manages all the orphans and abandoned

children 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 Deerce No 67/2007/ND-CP, Decree No

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

*' Vietnamese Decision No 38/2004⁄QB-TTg (2094), Decree No, 67⁄2007/JB-CP (2007) and Decree No

1320 10/ND-CP (2010)

35

The financial allowance to foster children and foster parents follow the regulations in Decree No 13/2010/NB-CP The Provincial Peaple’s committees are obliged to secure the minimum allowance to foster carers and are encouraged to increase this allowance

subject to the availability af loval budget

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

‘Category of | Child subsidy ] Child subsidy [ Foster parent | Foster parent |

USDS) foster child” foster child

old; and over 18

menths old with

3.4.1.4 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

gencral objectives of the proposal arc 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

%2 Viemarnese Decree No 13/2010/NĐ-CP (2010)

#5 Applied exchange rate between USD and VAD is 21.000 on 26 November 2011 in www.xe.com

°" The amuunt is accumulated on the number of foster children

** Applied cxchange rate betwocn USD and WND is 21.000 on 26 Novernber 201] in www.xe.com

Vietnamese Decision No 32/2010/QD-TTg (2010)

36

3.3.2, Practice of foster care for children in Vietnam

According to MOLISA, as of the end of 2009, approximately 33.500 orphaned and

abandoned children in communitics, out of 1.4 million CEDC, were placed in 11,300

alternative families including 7.000 kinship foster families and 4,300 foster families

nationwide 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 carc legislation”

fi} Case I: kinship care:

The twin children were placed in kinship care with maternal grandparents without any

legal decision: no procedures were followed The grandparents provided foster care for

their grand daughters as an obvious, natural and traditional arrangement The kinship

carers 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/NB-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-old

grand daughters Apart from the financial subsidy from the Government, the girls

receive free health insurance and schooling No other support services were provided to

the kinship family nor was assessment of care conducted, although local authorities

often pay visits to their homes on special occasions Despite the neither fact that neither

the consent of the children in kinship care was sought nor care plan was in-place, the

twin girls showed their happiness when living with their grand parents and expressed

their wish not to be placed in institutional care

(ii) Case Il: faster 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 pancl (comprising of Vice

President 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 [NGO, 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 supplics 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 forthe interview questions

with training, counselling and needful services and interventions by the project ‘The

foster child was exempted ftom 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 the financial support was no longer available after the conclusion of the project, the foster parent continued fostering the child and the child also wanted 10 stay in her foster home

(iii) Case Il: foster care support hy Halt International Children’ Services - an INGO:

The interviewee was as a care giver in a government social protection centre for

orphans and children with disabilities She used to be a foster parent for the foster care

pragramme operated by Holt Holt cooperated with Government orphanages to provide

temporary foster care for children in orphanages while waiting for adoption Foster

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

recruilment was made by provincial DOLISA

The carer did not receive any financial support from the Government programme but

Holt 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 stipend

for fostering the child In addition, training on parental skills and children as well as

counselling was provided to the foster parent by Holl social workers The whole

process of placing the child into foster home, including the assessment on the

development of the foster child and the care provided, was monitored and cvaluated

regularly 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.

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

Graph 4 Foster care model in Vietnam

Coun does not involve, although regulated in Law

Notes: The grey parts are not yet available in Government foster care programme, in

comparision with Swidish and Chinese government programmes.

3.4 Analysis and discussion: lessons learned

The key findings prove that Sweden has a strong legislation for foster care and well

implements the legislation in the practice of foster care delivery for all children and young persons under 20 years of age who are in need of alternative care China has a relatively similar legal basis for foster care likc Vietnam, hui the country is one step

forwards with the issuance of national guideline “Temporary Measures on Foster care

Management”, the regulation on the age of children to 18 years, the available of child welfure social workers and the nevessary transform af institutions

Lessons from the legislation and practice of foster care of Sweden and China are drawn

for Victnam as below

3.4.1 The compliance with UNCRC and tN Guidelines on Alternative Care of Children

Sweden well comply with the UNCRC and UN Guidelines on Altemative Care of

Children The country has made great efforts to keep children in, at ectura them to, the

care of their family and ensure foster care is identified and provided when it is the most suitable form of alternative Sweden commits to perform its responsibilities and obligations Lo its children, specifically children in foster care, with the invalvemenl 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 of

UNCRC and UN Guidelines on Altemative care of Children

A strong legislation in which the principles of the UNCRC and the UN Guidelines on

Alternative 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 af special care, not only orphaned and abandoned children like in China and Vietnam

In Vietnam, children arc persons under 16 ycars of age according to the Law on Child

Protection, Care and Education but persons from full 16 to under 18 years who are in

exceptionally difficult conditions are als eligible fer faster care; while in China,

children are those who are under 18 years old, and in Sweden, persons up to 20 years can benefit from foster care.