Poland’s Ombudsman has identified necessary improvements to proposed changes in the child welfare system, particularly regarding support for disabled individuals.
New Disability Support Form Raises Concerns
The proposed new form of support for adult individuals with disabilities who grew up in foster care—allowing continued residence with foster families—is generally positive. However, the Ombudsman notes the current draft limits eligibility, potentially excluding those with moderate disabilities who could remain in foster care until age 25.
Defining Eligibility for Support Remains Unclear
The definition of “inability to self-support” is ambiguous, raising questions about whether it requires a ZUS (Social Insurance Institution) assessment or if a significant disability certificate would suffice. The Ombudsman argues the term itself is problematic, focusing on limitations rather than rights and potential, contradicting the UN Convention on the Rights of Persons with Disabilities.
Support for Related Foster Families Needed
The Ombudsman emphasizes the need to include individuals with disabilities raised in related foster families within the scope of support, advocating for clear provisions in the draft legislation to ensure this possibility.
Challenges in Independent Living for Foster Children
A lack of solutions for individuals with disabilities who are legally incapacitated presents a problem. The proposed foster family agreement does not allow them to independently apply for it, a significant oversight given ongoing work on supported decision-making systems.
Oversight of Independent Living Support Lacking
The Ombudsman also points to a lack of clear regulations regarding the qualifications, supervision, and responsibilities of those assisting foster children with independent living. Current legal tools are insufficient for effectively supporting young people, especially during crises.
Broader Systemic Issues Remain Unaddressed
The process of independent living applies not only to foster children but also to those leaving other institutions like social welfare homes and correctional facilities. The project does not address procedures for these groups, which the Ombudsman views critically.
Detailed Recommendations Provided
The Ombudsman’s opinion includes detailed comments on issues such as the principles of providing assistance to those becoming independent, as well as proposed changes to the Family and Guardianship Code, the Civil Procedure Code, and the Social Assistance Act.