Opinion (Rogério COPETO / Official GNR): RISK ASSESSMENT IN CHILD PROTECTION AND YOUTH AT RISK.
Last week, between days 20 and 24 March, TVI released a split journalistic investigation into five episodes, called "interrupted Mothers", having as a theme the withdrawal of children in danger.
Rogério COPETO
Lieutenant Colonel of the GNR
Master in Law and Security and Homeland Security Auditor
Head of the Education Division / Command Doctrine and Training
The first episode of journalist TVI investigation was issued on 20 March under the title "charged state to remove children 'unfairly'", where many began to be revealed "cases of mothers and fathers who accuse the system for them to take the children abusively".
The 2nd episode was broadcast the day after 21 March, with the title "Philip lost three mothers in four years", where it was made known the case of Philip, that seven-year-old "lost biological family, the host family and the adoptive mother"And the case of Alcina, than "We came to Portugal due to the child's health problem and ended up without it", if questioning so if "the system always defend the supreme interests of the child?".
On 22 March was issued the 3rd episode called "Some people run out of the children 'to be poor'", having been denounced in this episode that "in Portugal there are those who run out the children to have little money"And that"Fundamental rights may still be compromised by entities representing the State, for the preservation and protection of children".
The 4th episode was aired on 23 March under the title "Rose struggled and managed, for now, get his son", where it is stated that "there are children who are in institutions for a few months, other for years".
On 24 March was broadcast the last episode titled "Mothers ask for help and 'the support they give is withdrawing the children'", was explained that "eight thousand children living in institutions, in 2016, more than 4.500 They were over 12 year old. But there are also small children and newborn: up to three years, 735 They are awaiting better days". It is also reported the case of Sofia than "Got pregnant, He lost his job and ended up losing the house. He agreed to stay home temporarily in the Holy House of Lisbon and ended up without the two daughters. One newborn".
After viewing all the episodes it appears that the Promotion System and Rights of Children and Youth Protection in Danger (Protection System) It is the target of criticism, namely not safeguard the best interests of children and to resort indiscriminately to the use of emergency procedures in the absence of consent provided for in article 91 of Lei n.º 142/2015 of 8 of September, which conducted the second amendment of the "Law for Promotion of the Rights and Protection of Children and Young People in Danger" (LPDPCJP), approved by Law 147/99, of 1 of September, which its paragraph 1 reads: "When there is present or imminent danger to life or serious impairment of physical or psychological integrity of the child or young, and in the absence of consent from the holders of parental responsibilities or who has custody of fact, any of the entities referred to in Article 7 or protection committees shall take appropriate measures for their immediate protection and request the intervention of the court or the police authorities". The entities referred to in article 7 are the entities with competence in matters of Childhood and Youth (ECMIJ).
So, to comply with article 91 is required are gathered three cumulative assumptions (the first two are subjective requirements and the third, a requirement objective): 1º Assumption – present danger or imminent; 2º Assumption – what isiff danger is against life or physical or psychological integrity of the child or young; 3º Assumption – there is no consent of the holders of parental responsibility or who has custody of fact.
As can be seen the use of article 91, for the removal of children and youth at risk, It can only be used in exceptional situations, and the court order to comply with the Court emanated, the most common situation, for phasing of a child, and that where there are no doubts as to compliance, the first option may not be meeting the conditions for its application, so it is important to know this legal, enabling the urgent withdrawal of a child or young person in imminent danger to the life or physical or mental integrity, and there is no consent of the holders of parental responsibility or who has custody of fact.
But this procedure does not want to stretch more, because already a lot written about the subject, and who want to know more we suggest a reading our articles "Removal of children – 1ª parte” e “Removal of children - part 2".
So, beyond all Protection System stakeholders have to meet all the conditions for the application of article 91, it is still necessary to place proper risk assessment, through a risk assessment tool similar to what exists for domestic violence (CEO).
As is public knowledge, a GNR, PSP, prosecutors, Health Education and all institutions involved with VD victims could now appeal, from 1 November 2014, a tool for measuring the risk of quickly and conveniently, in order to understand what level of risk associated with the victim, which may be high, and medium or low in accordance with that level of risk, They are executed several security measures, should this good practice be extended to Protection System, because the alleged "abuse of children removed" and be applied to appropriate promotion and protection measures only thus can be avoided.
But the most attentive will this time be alert to the fact that this instrument already exists, to the area of protection of children and youth at risk, as it is easy to see through a search on the page "National Promotion Committee on the Rights and Protection of Children and Young People" (CNPDPCJ), where we can find 4 "Guidelines Guides": – Guidance for Health Professionals in Bad Situations Approach Abuse or Other Risk Situations; – Guidance for Professionals in Social Action in Bad Situations Approach Abuse or Other Risk Situations; – Guidance for Professionals Security Forces in Bad Situations Approach Abuse or Other Danger Situations and; – Guidance for Education Professionals in Bad Situations Approach Abuse or Other Risk Situations.
However, analysis of the guidelines guides for the various professionals involved in the protection system, found that instead of there being a single risk assessment tool, there are four different, although the indicators are similar, and are not mandatory.
For the avoidance of doubt, I am a staunch supporter Protection System, but as we know all systems have room for the introduction of melhorarias, that is why, I consider that the existence of a mandatory risk assessment tool, similar to the existing situations for RV, really contribute to improving Protection System. It is suggested.
