LAPSED CHILDREN - Tartu Ülikool

LAPSED ÕIGUSAKTIDES CHILDREN IN LEGISLATION
The main
responsibility for
promoting the coping
ability of children and
families with children
and for providing
support lies with the
local governments
The issues of foster
care and rehabilitation
of disabled children
are the responsibility
of the state
The main responsibility for promoting the coping ability of children and families with children
and for providing support lies with the local governments. They shall:
• support children and persons raising children, co-operate with family members, other
persons and agencies concerned;
• develop and implement specific programmes and projects for the development and
protection of children;
• if necessary, appoint support persons or support families for children or persons
raising children;
• organise the guardianship of children;
• assist in arranging adoptions;
• organise care for a child in a family of which he or she is not a member.
The state has assumed responsibility primarily for the issues of foster care and rehabilitation
of disabled children. All efforts are made to find adoption families or guardians (as regulated
by the Family Law Act) for children removed from their families or homes and in need of
foster care. This is seen as the most stable and family-like option for the child deprived of
the family. In case of adoption, the child is ensured a safe growing environment until
becoming an adult and a parent-child relation is established, resembling that enjoyed by
children born to a family.
The welfare services also provide a possibility to send children who are deprived of parental
care to a foster family or substitute home. Foster family is an alternative service to the
substitute home, to ensure upbringing of the child in a family environment. Several
requirements have been established for the person providing foster care, for his or her home
and family members to ensure safety of the foster child. One of the requirements is that the
person providing foster care should pass a respective training course. The maintenance
costs of the child growing in a foster family are compensated pursuant to the State Family
Benefits Act through foster care allowances.
The substitution home, colloquially also known as orphanage, as a welfare service has
undergone major changes, with particular emphasis placed on the creation of a family-like
atmosphere. It is important to note with regard to the substitute homes that the state covers
the maintenance costs of the children residing in these homes, irrespective of the type of
ownership of these institutions.
The rehabilitation services offered to disabled children are administrated by the government
primarily because specific disability problems are too complicated for the local level. The
rehabilitation services grant every disabled child a right to a rehabilitation plan and the
services provided according to this plan. Additional rehabilitation services are available for
children with behavioural problems. In this case, the provision of the services is decided by
the juvenile committee according to the Juvenile Sanctions Act.
Organisation of child welfare is based on the principles embodied in the UN Convention of
the Rights of the Child and the Child Protection Act.
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