Ministry of Labour, Employment, Veteran and Social Affairs adopted an instruction on the procedures of the centre for social work – the guardianship authority in accommodating unaccompanied refugee/migrant minors on 12 April. This document replaces the instruction adopted in October 2017, except for the issues not regulated by this instruction.
The aim of the instruction is to determine the procedure of the of centres for social work – guardianship authorities, institutions for accommodation of unaccompanied minors and outreach social workers engaged in providing assistance and support to unaccompanied children.
In accordance with the instruction, age of the child is determined by the statement of the child or by a conducted observation of the outreach social worker who admitted the person stating that they are a minor or who is presumed to be a minor and unaccompanied.
When it is determined that the person in question is an unaccompanied child, the outreach social worker immediately informs the guardianship authority with territorial jurisdiction which appoints a temporary guardian in the urgent procedure. The first interview with the refugee/migrant minor for preliminary assessment of the manner of their urgent protection shall be conducted in the presence of the temporary guardian, outreach social worker and interpreter. In addition to the aforementioned persons, representatives from the Ministry of Interior and/or the Commissariat may also be present during the first interview. Observations are made and basic information is collected at this time.
Upon the conducted interview, the outreach social worker accompanied by the interpreter shall go with the child to the nearest infirmary to conduct the first examination after which the child is placed in the nearest centre for urgent reception and care when they will stay from seven days to three weeks, until the decision is made on the temporary accommodation in the best interest of the child.
Temporary accommodation may be one of the following – foster family (priority for children up the age of 14), social protection institution, health care institution of the health status requires it or in the asylum centre (if the child is older than 16 and has applied for asylum).
The decision on accommodation may only be made by the competent guardianship authority that has undertaken the measures of guardianship protection and appointed a temporary guardian for the child.