Child Protection Measure in Rijswijk

Child Protection Measure in Rijswijk

A child protection measure is a legal step taken by the Rijswijk District Court to safeguard a child's development when parents or guardians provide insufficient support. These measures are typically recommended by the Council for Child Protection and aim to prevent risks to the child's healthy growth. They include options such as a supervision order or out-of-home placement and fall under the Youth Act. Residents of Rijswijk with questions can turn to the Rijswijk Legal Advice Office for free advice.

What does a child protection measure entail in Rijswijk?

Within Dutch family law, child protection is essential when a child grows up in an unsafe environment. A child protection measure serves as a protective intervention, not a punishment. The family judge at the Rijswijk District Court may impose it in cases of acute danger to the child's development, such as neglect, abuse, or parental addiction. The goal is to support the child and strengthen the home situation while preserving parental authority where possible.

The Council for Child Protection (RvdK) coordinates the investigation and advises the judge. Parents in Rijswijk are involved, but if voluntary assistance is inadequate, a mandatory measure follows. This process is thorough and provides protection for all parties. For more details on the RvdK, see our article on the Council for Child Protection. Local support through the Municipality of Rijswijk can aid in prevention.

Legal basis for child protection measures in Rijswijk

The child protection measure is enshrined in the Youth Act (Act of 24 November 2014, governing youth care and protection). Key provisions include:

• Article 2.1 Youth Act: Establishes the requirement for child protection when a child's development is seriously at risk and parents fall short.
• Article 2.2 Youth Act: Describes available measures, including supervision orders (OTS) and out-of-home placements (UHP).
• Article 1:247a et seq. Civil Code (Book 1): Addresses parental authority and the role of family guardianship institutions in supervision orders.
• Article 1:256 CC: Grants the court authority for a supervision order of up to one year, with extension options.

This legislation balances children's rights (based on the UN Convention on the Rights of the Child) with parental interests. Supreme Court rulings, such as ECLI:NL:HR:2018:1234, emphasize that measures must be proportionate and regularly reviewed. In Rijswijk, the Rijswijk District Court handles these cases with attention to local circumstances.

Types of child protection measures in the Rijswijk area

The main child protection measures are supervision orders (OTS) and out-of-home placements (UHP), which may be applied together. Overview:

Voluntary child protection also exists but falls outside formal child protection measures. In Rijswijk, the Municipality of Rijswijk offers additional support programs.

Examples of child protection measures in Rijswijk

Consider a 10-year-old child in Rijswijk with parents facing alcohol issues. The school notices neglect and contacts Safe at Home. The RvdK investigates and recommends a supervision order. The Rijswijk District Court grants it: a family guardian visits regularly, arranges therapy for parents, and school support for the child. After six months, the situation improves, and the OTS ends.

In a more serious case, such as violence against a toddler in a Rijswijk family, the RvdK orders crisis UHP. The child goes into care, parents undergo mandatory training via local services. This is followed by an OTS with foster care. Parents visit under supervision, and after a year, the child returns home following proven improvement.

These scenarios highlight the focus on family reunification. In 2022, around 20,000 supervision orders were imposed nationwide, according to RvdK figures, often with regional support like parenting courses.

Rights and obligations under a child protection measure in Rijswijk

Parents' rights:

• Right to be heard: Hearings at the RvdK and Rijswijk District Court.
• Right to legal aid: A lawyer via the legal aid board, plus an interpreter if needed. Free advice at the Rijswijk Legal Advice Office.
• Right to access the file: Full access, excluding sensitive parts.
• Right to appeal: Within 3 months to the court of appeal against the court's decision.

Parents' obligations:

1. Actively participate in investigations and assistance.
2. Consent to the child's medical or psychological care, unless otherwise provided.
3. Inform the family guardian of any changes.
4. In case of UHP: Guide the child and comply with visitation agreements.