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De behandeling van jonge asielzoekers moet gebaseerd zijn op de toekomst van het kind, stelt Margrite Kalverboer. Als die in Nederland ligt, moet een snelle integratie centraal staan.

This study examined the stability (or instability) of 29 foster placements of unaccompanied refugee children, including how stability was related, inter alia, to the cultural matching of children and caregivers from the perspectives of the children, foster caregivers, and guardians over a one-year period. Several dimensions of stability were assessed, such as placement stability (continuing versus disrupted placements at T1; the second measurement), stability in placement success, and stability in child and fostering factors (i.e., placement development from the baseline [T0] to T1). From the perspectives of the children, caregivers, and guardians, most placements in which children stayed in the same foster family over time remained relatively stable in terms of child and fostering factors and placement success. According to the caregivers, however, the children’s social-emotional problems showed a significant increase over time. The children’s and caregivers’ appreciation of their cultural similarity tended to fluctuate over time. Notably, the children’s appreciation of cultural similarity in terms of religion decreased significantly. Most of the children in disrupted placements showed improved or stable results for child factors at T1. Moreover, with reference to the findings measured at T0, we observed differences between children who were still living with the same foster families and those who were living elsewhere at T1. From the perspectives of the foster caregivers and guardians, the former fared better than the latter, as indicated by the baseline measurements.

There is hardly knowledge regarding the perspectives of unaccompanied refugee children or carers on the foster placement (Hek, 2007; Ni Raghallaigh & Sirreyeh, 2015), including the influence of cultural similarity between children and foster carers on the success of the placement. This study explores the (cultural) factors that are related to successful placements of these children in foster families. Semi-structured interviews were held with a (convenience) sample of unaccompanied refugee children who were living in foster families in the Netherlands (n=5), their foster carers, and their guardians. Additionally, refugee children who previously lived in a foster family (n=5) were also included in the study. At the end of each interview, all participants were asked to rate the success of the foster placement. Results show that children were aware that the alternative (to foster care) was worse and that the guardian could play an important role as mediator. Additionally, children with family in the Netherlands were more satisfied with their placement than children without family in the Netherlands. Children whose expectations were not met were less satisfied. Also, most children value the importance of cultural similarity between them and their carers. Implications for policy and practice will be discussed.

This research focuses on substantive and procedural diagnostic conditions that must be fulfilled for a reliable assessment of the best interests of an asylum-seeking child. These Best Interests of the Child (BIC)-Assessments provide migration authorities with behavioural information about risks for the child’s development and mental health. After the development process, the BIC-Assessment was carried out with 16 unaccompanied children (15-18 years, M = 16.7) and 11 children who arrived in the Netherlands together with their parents (4-16 years, M = 9.6) (N = 27). The quality of the child-rearing environment in the country of origin before departure and the expected quality on return, were both low. A majority of the refugee children had social-emotional problems and trauma-related complaints.

Pen picture accounts of four young people in the Netherlands’ care system help to focus attention on the needs of young people and their families. This also highlights issues facing the Dutch care system and how it is organised and funded. In one of the world’s most densely populated countries, the child protection and welfare system in the Netherlands focuses on family preservation and community-based interventions. However, the number of young people in out-of-home care facilities has increased over the past decade and a half. The New Act on Care for Children and Young People which came into effect in 2015 has made far-reaching changes to Dutch child and youth care policy, and administrative and financial practices that are now re-located to municipalities.

This study compares the views of unaccompanied minors living in four different types of care facilities in the Netherlands: namely in foster care, small living units, children's living groups and campuses on their wellbeing, living circumstances and place in Dutch society. Interviews with 132 minors were both qualitatively and quantitatively analysed. Based on the transcripts from the interviews the researchers completed a questionnaire (BIC-Q) to judge the quality of the child rearing environment in the different types of care facilities. Minors in foster care fare best and are most positive about their place in Dutch society. Minors in small living units and small living groups often miss affectionate bonds, care, support and stability in their lives. Minors in campuses most often expressed feeling lonely and sad and being excluded from the Dutch society. They experience a lack of care and support from adults. The quality of the child rearing environment in campuses was judged by the researchers as being so low that these facilities appear to be unfit for unaccompanied minors.

This chapter discusses the development of a methodology for the assessments of the best interests of recently arrived unaccompanied minor refugees. The assessment reports provide evidence and child rights-based information to the migration authorities, which should be taken into account when the asylum decision is made. The Study Centre had been mainly practising BIC assessments with refugee children who had been residing in the Netherlands for a long time. The chapter describes why it is necessary to perform a best interests of the child (BIC) assessment for unaccompanied minors in migration procedures and how those BIC assessments are performed by the Study Centre for Children, Migration and Law (Study Centre). It explains how the BIC assessments are performed by the Study Centre and how this methodology was adapted to the situation of recently arrived refugee children. With the case of Elsa, the chapter illustrates how the adapted methodology for recently arrived refugee children is practised.

In 2006 the Study Centre for Children, Migration and Law began research on a method for diagnostic assessments of, and reporting on, the best interests of the child in migration law cases. The reports, which are based on the Best Interests of the Child Model of Kalverboer and Zijlstra (2006) and which are drawn up in line with General Comment No. 14 of the United Nations Committee on the Rights of the Child, currently fill a gap in Dutch migration law and administrative practice regarding the state’s obligation under international law to take the best interests of the child into account in every decision concerning children. This chapter presents the preliminary results of a qualitative analysis of the legal effect of submitting the assessment reports by lawyers in Dutch judicial migration proceedings. The reports strengthen the relevant appeal procedures, although the child depends on a lawyer who is able to make a good transposition of social-behavioural expert opinions into legal terms. The reports also enhance compliance with the CRC. However, the best interests of children are not necessarily fairly balanced. Here, General Comment No. 14 may offer an opportunity for lawyers further to substantiate the best interests of the child.

In 2011, the joint non-governmental organisations for children’s rights in the Netherlands submitted the Best Interests of the Child methods (BIC methods) to the United Nations Committee on the Rights of the Child to make a contribution to the discussion of the contents of Article 3 of the United Nations Convention on the Rights of the Child (UNCRC). On 29 May 2013, the Committee issued its General Comment No. 14 with respect to this matter.93 Among other things, in General Comment No. 14 the Committee indicates how the best interests of children should be assessed and then determined and taken into account in decision making and legal procedures. The General Comment explains that the best interests of children must be examined and determined in each individual case in light of the specific circumstances of each child or each group of children. These circumstances are related to the individual characteristics of the child or group of children concerned, including the social and cultural context in which the child or group of children find themselves.