The work of Nidos Working process in relation to UMA’s and Dublin.
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Transcript of The work of Nidos Working process in relation to UMA’s and Dublin.
IntroductionSpeaker: Germa Lourens, guardian and Dublin official at Nidos
Summary •Nidos as the legal guardian for UMA’s in the Netherlands; •Nidos’ role in Dublincases; •Concrete cases; •Conclusions and recommendations.
Nidos as the legal guardian
•One organization for guardianship for UMA’s in the Netherlands;
•Nidos is appointed as guardian by the Juvenile Court;
•Guardianship is immediately organized upon arrival of an UMA in the Netherlands;
•Nidos is a professional organization - all guardians have a Bachelor degree in Social Work
Different guardianship measures
Several measures:
•(temporary) guardianship for UMA’s;
•Provisional guardianship for children with parents;
•Family guardianship.
These measures are laid down in the Dutch Civil Code.
Mission of the guardian
The duty of the guardian is:
•Give the interest of the child the highest priority;
•Assisting an UMA towards independency;
•Intervene when the development of the child is threatened in any way.
Accommodation for UMA’s
•Foster family; (roughly 0 – 14 years);
•Process Reception Location (roughly > 14);
•Protected shelter (victims of trafficking).
Special attention for Dublin
Why?
• Experiences of UMA’s in other EU MS;
• Nidos’ obligation to transfer the guardianship to another guardian based on the Dutch Civil Code.
Nidos’ role in Dublin-cases
• Obligation to transfer the guardianship (based on the Civil Code);
• Investigating the actual situation after a transfer (guardianship and accommodation);
• Sometimes resisting a transfer if there are no guarantees;
• “Dublin-pool” with lawyers and psychologists.
Family reunification under the Dublin Regulation
•Working closely together with the Dutch authorities (IND, unit Dublin);
•Role of Nidos in relation to UMA’s with family members elsewhere;
•Role of the IND in these cases;
•Nidos transfers the relevant information about the development of a child.
European project: “Dublin support for guardians”
•Project with France Terre D’Asile and Caritas Belgium;
•Aims to provide concrete information for guardians;
•Nidos provides with a helpdesk for guardians from other EU MS.
Observations so far
• Different interpretation of the judgment MA & others;
• Tracing (art 6-4 Dublin III);
• Individual assessment.
Challenges
• Little time for assessing the child’s best interest;
• No judicial review by radically decisions;
• No legal remedy by a rejection on a request based on 8-1 or 8-2 Dublin III;
• Dilemma’s in cases of reunification concerning minors with family members in EU MS like for example Italy.