Assessment of the child’s situation

Defenders of child rights assess the child’s situation in accordance with the description of procedure of the assessment of the child’s situation, which entered into force on the 1st of January 2020 (consolidated version in force since 01.07.2022) and complete a questionnaire of the assessment of the child’s situation.

The assessment takes place having collected all necessary information about the child and the family: firstly, it is assessed whether there are grounds to establish the need for the protection of the child in accordance with the provided risk factors. It is also necessary to assess the family’s strengths that may mitigate the risk factors. If there is no need for the protection of the child, the risk factors are taken into account, which may show that the family and the child need services. If such factors are not observed as well, the assessment is complete. During the assessment, the family may also tell what kind of assistance and services they need: such assistance and services are guaranteed by local municipalities.

The need for the protection of the child is determined if at least one of the following risk factors is found and there are no factors mitigating the risk:

• The child has experienced and (or) experiences the violence committed by their parents, guardians, other people living together, or is a witness of violence in close environment, and none of the adults can guarantee a safe environment for the child.
• The child’s behaviour is dangerous for the safety, health or life of the child or other people, and the child’s parents, guardians do not take any actions, do not see, do not assess such danger or risk.
• The child’s parents, guardians are under the influence of alcohol, narcotic, psychotropic or other mind-altering substances, possibly show signs of dependence, which causes real danger to the child’s safety, health or life. If only one of the parents or guardians is under the influence, this risk factor is important, when the father or the mother, who are not under the influence, may not protect the child from the dangerous behaviour of the other adult. If the adult, who is not under the influence, is able to protect the child, the risk does not exist.
• The child’s living conditions (household, place of residence (dwelling) factors) pose real danger to the child, and the child’s parents or guardians do not see and do not assess such danger or damage, do not have the abilities to protect the child’s health and life.
• The child’s parents or guardians are temporarily unable to take care of the child due to the illness, arrest, serving of sentence of both parents or one of them, or due to other important reasons.
• The child is ill, has fever, is hurt, but is not treated, has special needs, which the child’s parents, guardians do not meet, do not see the need to treat or treat them using the measures that have detrimental effect on the child. 
• The child’s self-destructive behaviour (self-harm, consumption of psychoactive substances, etc.), which the parents, guardians are unable to control.
• The child expresses the intention to be taken away from their parents or guardians.
• The child’s place of residence is visited by other people, who pose or may pose real danger to the child.
• Other objective risk factors related with the child’s functioning, the child’s parents, guardians, the child’s environment, which pose real danger to the child.
• The child’s parents or guardians refuse to exercise their parental authority with regard to their child.

However, the defenders of child rights must also assess the family’s strengths and take into consideration, whether there are any factors neutralizing the risks. For example, the child may express their intention to be taken away from their parents, but the defenders of child rights must make sure that it is not a consequence of a one-off conflict in the family.

Besides, the defenders of the child rights will assess the risk factors according to possibilities. For example, the risk for the child is a lot higher, if the aggressive behaviour against the child is perpetrated by both parents and not by one of them. The influence of alcohol, narcotic, psychotropic or other mind-altering substances is a lot more dangerous, when the family has a baby aged up to 3 years old, but it is less dangerous when the child is already a teenager.

The necessity to assess what kind of assistance or services does the family and the child need is established if risk factors related with the child’s functioning, social environment or parents, guardians are observed.

Risk factors related with the child’s functioning:

• The child’s systematic absenteeism from school, absenteeism without a justifiable reason, the child constantly goes to school tired, unprepared and not provided with necessary tools, etc.
• The child runs away from home, especially multiple times.
• The child uses violence against other people, steals or performs other actions of criminal nature.
• The child is under the influence of alcohol and (or) narcotic, psychotropic or other mind-altering substances and (or) shows signs of detrimental abuse of alcohol and (or) narcotic, psychotropic or other mind-altering substances, and (or) possibly shows signs of dependence on alcohol and (or) narcotic, psychotropic or other mind-altering substances.

Risk factors related with social environment:

• The child’s parents or guardians have difficulties, due to which they are unable to properly meet the child’s needs, however, they understand the situation, are open for the assistance, try to change the situation as much as possible. It should be noted that the child’s needs do not mean the child’s wishes. Examples of the child’s needs are the following: proper nutrition, health care, possibility to study, safe home, etc.
• The child has experienced and (or) experiences any kind of violence or other violations of the child’s rights that were committed not by the child’s parents or guardians.

Risk factors related with the child’s parents or guardians:

• The child’s parents or guardians constantly avoid contact with the school specialists, mandatory health check-ups, etc., which has negative impact on the child’s development, education, goes against the child’s best interests.
• The child’s parents or guardians do not attempt to help the child to resolve their problems, are unable to manage the situation, which is dangerous for the child (e.g., bullying in any environment, health challenges, suicidal thoughts, etc.).
• The child’s parents or guardians are under the influence of alcohol and (or) narcotic, psychoactive or other mind-altering substances or possibly show signs of abuse of psychoactive materials or their detrimental use, dependence on gambling, which has negative effect on the child and the family.
• Parents or guardians leave the child alone or with people, who do not take proper care of them.
• The child’s parents or guardians have health problems, which make them only partially able to take care of the child, and they need assistance.
• Bad relationship between the parents or guardians of the child and the child.
• Insufficient knowledge and skills of parents or guardians about the child’s development, maturity, due to which they are unable to properly meet the child’s needs.
• During the period of divorce and (or) separation or afterwards the child’s parents or guardians have possible negative effect on the child, damage the relationship between the child and the other parent or guardian.
• Other possible violations of the child’s rights and lawful interests (e.g., the child is not allowed to freely choose their religion, the child’s possibilities to communicate with people from other social or another environment are limited, they are not protected from alcohol, narcotic, psychotropic or other mind-altering substances in their place of residence).
• It is understandable that in a case, when you notify the child rights protection institution on possible violations of child rights, you may be worried about accusing the child’s parents or other legal representatives, however, it is important to note that by notifying relevant institutions you do not blame or accuse, but, firstly, notify of possible danger to a child.
• You should not be worried about notifying on possible violations of child rights because the child’s health or even life may depend on your notification. Inappropriate behaviour with a child disturbs the child’s successful development, has negative effect on the child’s social skills and abilities. By notifying, you may help preventing inappropriate behaviour with a child and help avoiding tragedies. If you suspect a possible violation of child rights protection, your notification to respective institutions shows that you are not indifferent, civic and do not tolerate violence.
• It is important to do not wait and ask for help, take actual actions because only then, with the help of specialists, the situation in the family might change, and if nothing is done, it is likely that the problems will only increase.
• We would like to inform you that if you have information on a possible violation of child’s rights (psychological, physical, sexual violence against a child, neglected child, etc.), you should notify your city/county Child Rights Protection Division of the State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour, by providing more details (address of the family, if available, names, surnames of parents and the child), in order for us to be able to take appropriate measures to protect the child, to initiate the provision of the required assistance for the family and the child, etc. It is noted that it is not required to introduce yourself when submitting a notification on a possible violation of a child’s rights.
• By responding and analysing notifications on possible violations of child’s rights, specialists of child rights protection always communicate with the family members, assess the situation in the family, visit the child’s place of residence and assess other information related with the child and their social environment. Having completed the assessment of the child’s situation, if necessary, they initiate the provision of assistance to the family.
• Inform about a violation of child’s rights
• If currently the child experiences violence, their health or life is in danger, it is necessary to ensure a safe environment for the child, please immediately contact the police by calling the emergency services number 112.
• If currently the child is not in real danger, please fill in this notification, which will be accepted by the defenders of child rights within 6 hours (if the notification concerns possible violence against the child) or within 3 business days (concerning all other notifications).