Equity in Permanency
Principles and Recommended Practices for
Governments to Achieve Equity in Permanency for
Cross-border Families
Definition
Equity in Permanency refers to principles of child protection practice thatprioritise the exploration of family placements, without discrimination of any
kind, to achieve optimal long-term outcomes for the child. The principles seek
to empower child protection partners globally to have a child rights approachand promote policies and protocols that ensure all family placement options
are explored for any child who can no longer be cared for by their parents.

Equity in Permanency: Why Now?
Child protection experts around the world widely acknowledge that those
responsible for the protection of children should prioritise efforts to keep
children with families and offer increased support to these placements toensure family members are able to fulfil their care responsibilities.
While the global movement of children across borders is not a newphenomenon, few protection authorities have grown in their knowledge,
tools, or political will to seek family placement options in another country.
Child protection practitioners may be unsure of how to abide by foreign
regulations associated with securing permanency for a child, when working
outside of their jurisdiction and without clear guidelines. While race, ethnicity
or nationality alone cannot be an indicator of whether a child has family
overseas, failing to consider these elements compromises the ability of childprotection systems to seek placement options that prioritise a child’s senseof identity, roots, language, and culture.
Equitable access to kin in permanency planning and decision-making must
form part of a child’s rights framework. ISS, an international network
providing intercountry child protection casework services, proposes thefollowing Principles and Recommended Practices that governments should
prioritise to achieve equity in permanency for cross-border families.
Guiding international standards:
Convention on the Rights of the Child (CRC)
UN Guidelines for the Alternative Care of Children
2019 Resolution of the UN General Assembly on
the Rights of the Child
Equity in Permanency: Assessing the Scope ofInternational Kinship Placements for Children inthe U.S. Foster Care System (2022)

ISS Documents:
ISS/IRC Newsletter n. 262 of September – October
2022
ISS Kafalah Preliminary analysis of national andcross-border practices (2020)

ISS in essence:
Is a professional andspecialised global
network founded in 1924
with 132 members in 125
States;Has been serving theneeds of children andfamilies for almost 100years;
Contributes to law andpolicy development andadvocacy efforts;
Maintains a longstanding and close cooperation with theHague Conference on
Private International Law(HCCH) and its Central
Authorities (CAs);
Hosts the International
Reference Centre for theRights of Children
deprived of their family(ISS/IRC), a program ofthe ISS General
Secretariat based inGeneva, with a mission
for more than 30 years toequip child protection,
alternative care, andadoption professionals
across the world with upto-date research,
publications, training, andtechnical assistanceprojects;
Is always at the forefrontof implementing
international standards
and raising awarenessabout children’s rights
through its direct crossborder case management
and advocacy efforts.

Principle

Recommended Practice

1. Children’s Rights (Arts. 3, 8, 20, 21 and 30 Implement clear policies underpinned by a child rights approach to ensure
UNCRC): It is the child’s right to live in a safe and family placements are explored and prioritised above other alternative
stable family home environment, for all decisions to care placement options or other permanent child protection measure suchemphasise the best interests of the child, and for as adoption. Make every effort to involve and promote the child’s voice inthe child to be afforded the opportunity to maintain decisions that will affect their life. This includes carrying out best
their identity and participate in decisions that affect interests’ assessments and determinations and promote children’s right totheir life, permanent placement opportunities family life and connections to family and culture wherever they are in theincluded.
world. When considering overseas placements, discrepancies in legal
effects deriving from the different forms that family placements can takein different legislations should be addressed. This is particularly relevant yet not exclusive - to cross-border kafalah placements.
2. Equal Opportunity (Art. 9 par. 2 CRC): Child Utilise technology and alternative communication methods whereverprotection systems should create equitable possible to consult with family members across borders when considering
opportunities for families to participate in placement placement decisions for children who can no longer be cared for by theirdecisions for children who can no longer be cared parents. This includes utilising professional interpretation services as wellfor by their parents, including family members who as local professionals to strengthen the family support system and advise
reside overseas.
on matters related to immigration. In the case of a previous placement in
the child protection system, all parties involved should be given theopportunity to be heard and provide their informed consent.
3. Local expertise: Child protection systems should Engage a local social worker or paraprofessional to conduct assessments
engage social workers or paraprofessionals in the and advise how the child could access local support services throughsame country as overseas family members for evaluating their immigration and visa eligibility any time an overseas
identification and assessments for potential family member is located and expresses interest in caring for a child whoplacements.
can no longer be cared for by their parents. This includes consideration oflegally available alternative care options in the receiving country.
Contracted agencies should be experienced in child protection support
with verified credentials and professional profiles. Communication
between States is key and existing co-operation mechanisms such as theone set in the HCCH 1996 Child Protection Convention should beeffectively implemented.
4. No Bias (Art. 2 CRC): Child protection systems Promote training on systemic, individual, and implicit and unconsciousbias
should address implicit and unconscious biases that for professionals working at all levels. Decision makers must develop
exist amongst key decision makers regarding family awareness of how institutional and historical practices continue toplacements overseas and in systems or cultures influence overseas family placements.
different from their own.
5. Identity (Arts. 8 and 20 CRC): Child protection Explore all potential placement options that enable a child to remain
systems should prioritise a child’s access to their within their family and cultural systems, including the exploration of any
culture, roots, language, community, and traditional potential family placement options overseas, when deemed in their bestland when making placement decisions. This interests. This also applies to cross-border kafalah placement, whererespects the child’s right to a robust family life and overseas solutions may have priority over national placements in case ofaffords them the opportunity to maintain their strong family ties.
identity.
6. Adequate Planning: Child protection systems Develop a comprehensive ‘Transition Plan’ with the child protection
should always prepare a child for a placement with system, local professional/s, the child’s current carer and prospective
family members overseas through the development carer. The ‘Transition Plan’ should include pre-placement support forof a ‘Transition Plan’ that includes consideration of carers, time-bound contingency plans agreed to by the sending andpre-placement support for carers to prepare for the receiving authorities in the event of a placement break down, and a clear
child’s arrival, and local post placement follow-up plan to safely move the child to the new home, including ensuring aand connection to resources.
suitable travel companion. Consideration should also be given to funded
post-placement support and visits that assure that the various forms ofcare have the same legal conditions and opportunities for development.
7. Accountability: Child protection systems should Establish systems for data collection, including opportunities to gather
improve data collection, information management knowledge and expertise from children and adolescents. This includes
and reporting systems related to children without recording when and where children are placed out of their jurisdiction,
parental care in all settings and situations to close across international borders. In light of the informal nature of many crossexisting data gaps and develop baselines.
border kafalah placements, data collection and effective monitoring acrossborders are of utmost importance.