UNICEF’s position on new legislation to prevent the separation of children from their families

Every child has the right to grow in a family and every family has the right to receive the support needed for this to happen. This is stated clearly in the Convention on the Rights of the Child, ratified by Romania in September 1990 and is a critical principle in the Romanian Constitution. However, according to official statistics[1], around 8,000 new children are admitted each year in the special child protection system, even though most of them have a natural family. The rate of children in alternative care is one of the highest in the European Union[2]. A necessary step in substantially reducing the number of children separated from their families is investing in services and adequate support at local level. For this to happen, it’s required to continue the social services reform, as well as the prioritization of the prevention services, individualized on family needs, provided at community level.

The current draft law on the prevention of children’s separation from their families, proposed by the Ministry of Family, Youth and Equal Opportunities, currently under discussion in the Parliament, represents a solid legislative measure to support children.

Complementary to the current normative framework and in line with the Convention on the Rights of the Child, the proposal of the Ministry of Family, Youth and Equal Opportunities, represents an additional measure to protect the family and ensure that children are growing up in a safe and protective environment.

In line with the UN Guidelines for the Alternative Care of Children and with the 2013 European Commission’s Recommendation “Investing in Children: breaking the cycle of disadvantage”, the draft law confirms that monetary poverty is not a sole reason for separation of children from their families and that there are other multiple influencing factors.  To minimize the risk of separation, the draft law prioritizes preventive measures to address multiple and overlapping deprivations that children face. In this context, the aim is to ensure the focus on early intervention for the most vulnerable children. Addressing children’s deprivations in early years is an important mean of stepping up efforts to address poverty and social exclusion in general.

The draft law stipulates the importance of early identification of vulnerabilities and early intervention for family preservation. The measures proposed in the draft law entail the use of integrated strategies that combine support for parents to access essential social services, thus ensuring a positive impact on children in terms of quality education (including pre-school), health, housing and social services, etc.) It also ensures opportunities for participation and progressive realization of children's rights. These will help children live up to their full potential and contribute to their resilience.

The draft law reinforces the keystones for and the main milestones in development of quality social services at local level. It will promote ensuring adequate level of resource allocation for qualified workforce and for more effective and accessible day-care services for the most vulnerable children and their families.   

The development of a new management information system and the use of the Children’s Observatory regulated by the draft law are also important. The new proposed management information system will enable more efficient case management for children. Moreover, the Children’s Observatory will expand local authorities’ capacity and opportunities for evidence-based decision-making, helping to better identify children’s vulnerabilities and to develop services that are accessible, of a good quality. The system can also contribute to improved monitoring of policy implementation measures at the local level and to making timely adjustments of these when necessary. 

UNICEF urges for transparent, modern and efficient legislation in the best interest of the child and in line with the Convention on the Rights of the Child.

[1] According to 2022 data from the National Authority for the Protection of Child Rights and Adoption

[2] According to joint research from Eurochild and UNICEF ref Comparable statistics to monitor progress on deinstitutionalisation across the European Union, 2021