When an out-of-home placement is ordered by the court, the minor child - simply put - goes to live somewhere other than his or her own family. The minor child then goes to live in a foster family, family home or residential institution, for example. The measure of removal of a child is taken when conditions at home are not safe or suitable for the child's well-being and development. The child then (temporarily) no longer lives with the parents. There are several reasons why a child can be legally placed out of home, including severe neglect, abuse, unsafe home situation, parental inappropriateness and medical or behavioral problems of the child. An out-of-home placement is an extremely drastic measure.
Who can request an out-of-home placement?
An out-of-home placement can be requested by the Child Protection Council (if there is not yet a child protection order), a youth protection organization (if there is already an OTS), the Public Prosecutor's Office (they use this only in exceptional cases) and the Board of Mayor and Aldermen for a placement in a closed juvenile facility.
Parents cannot request an out-of-home placement.
When can an out-of-home placement be ordered by the court?
If this is necessary in the interest of the care and upbringing of the minor or to examine his/her mental or physical condition, the juvenile court may, at its request, authorize the certified institution in charge of executing the supervision order to place the minor out of the home during the day and night.
What is a (conditional) closed home placement authorization?
The Youth Act regulates in article 6.1.2 second paragraph that the juvenile court can only grant an authorization to have a minor admitted to and stay in a closed accommodation if, in the opinion of the juvenile court, this youth care is necessary in connection with serious growing up or upbringing problems that seriously hinder a child's development towards adulthood. Moreover, the admission and stay pursuant to this article must be necessary to prevent a child from withdrawing from this youth care or from being withdrawn from it by others.
If things do not go well for a period - simply put - the court can give a final warning and decide on a conditional authorization closed placement. In that case, there should be a plan that includes conditions that the parents and child must adhere to.
What is an emergency placement?
Emergency placement can be made only if there is an acute need for removal. In this case, the order for custodial placement can be made immediately if the treatment in the juvenile court cannot be awaited without immediate and serious danger to the minor. There will then be a hearing within 2 weeks, where parents or caregivers can express their views on the removal.
What is the duration of an out-of-home placement?
The duration of the out-of-home placement is up to 12 months. There is a possibility of an extension of the out-of-home placement. For the extension options, please see the answer to the next question.
Can an out-of-home placement be extended?
The court may extend the duration of the home placement for up to one year at a time (Article 1:265c, second paragraph of the Civil Code).
If, after two years of out-of-home placement, a request is made to extend the out-of-home placement, an opinion must also be requested from the Child Protection Council (RvdK). The RvdK advises the court on whether an extension of the custodial placement is the most appropriate measure.
What is a perspective decision?
During the out-of-home placement, the certified institution may come to the view that reunification with the parent(s) is no longer an option and that the minor's prospects of growing up lie elsewhere. This position of the certified institution is referred to in practice as the "perspective decision. The intention of the legislator is that the certified institution in that case considers requesting the court to proceed to terminate custody.
The law does provide for procedures in which certain consequences that the certified institution attaches to its position on the minor's prospects of growing up can be submitted to the court.
The certified institution may give a written designation to the custodial parent(s) or minor in order to carry out its task. This instruction can (also) result from a perspective decision. At the request of, among others, the custodial parent(s), the juvenile court may declare a written direction wholly or partially void.
Certified institution
The certified institution's position that reunification with the parent(s) is no longer an issue may result in the certified institution reducing the contact moments between the parent(s) and the minor. Such a decision counts as a written direction, which can be appealed to the juvenile court. If a visitation arrangement has previously been established by court order, the certified institution may request the juvenile court to modify it. In these cases, the juvenile court will have to include a difference of opinion between the parent(s) and the certified institution about the minor's growing up prospects in the assessment to the extent necessary to decide on the request.
A difference of opinion between the parent(s) and the certified institution about the minor's prospects of growing up may also come up in the context of a request for extension of the supervision and placement. After all, extending a supervision order and out-of-home placement is in principle only admissible if there is a prospect of returning to the parent(s). In this context, the juvenile court will therefore have to form an opinion about the minor's prospects of growing up. The same applies in the case of a request to lift the supervision order or a request to terminate or shorten the duration of the custodial placement.
If a minor grows up in such a way that he is seriously threatened in his development, and the parent is unable to assume responsibility for the care and upbringing of the minor within a period of time acceptable to the person and development of the minor, the court may terminate a parent's custody of the minor. Also in the context of a request for termination of custody on this ground, the court will have to form an opinion about the minor's growing up prospects and the position of the certified institution in this regard.
Need a lawyer for an out-of-home placement?
A child's removal is one of the most painful and emotionally challenging experiences a parent can go through. Therefore, as a parent, it is important to seek legal advice from an attorney. An attorney can explain your rights, advise you on the best way to respond to the various parties involved, and represent you during legal proceedings.
Kötter, L'Homme & Plasman is mindful of your approximate position as a parent. You can send an email to info@klpadvocaten.nl or (during business hours) call 020-6731548.
