Child Welfare Policy in Mongolia
Draft

Policy Recommendations

Unurtsetseg Tsedev
IPF Fellow 2002, OSI Budapest

The purpose of this policy paper is to provide advice to the Mongolian Ministry of Social Welfare and Labour on the development of a professional child welfare and welfare service and social work in Mongolia.

1. Child centered Center based approach need to be changed on Family centered Community based service.

· Public policies that support children within their families should be backed by respite care, family support subsidies, home modifications, retraining of institutional workers to provide community-based services.
· Poverty is a significant factor in institutionalization of children and, given its damaging effects on all aspects of child development;
· Its impact on institutional care is mediated by other factors that could encourage or discourage institutionalization. Policy responses must address these wider factors;
· Social disadvantage has many forms. Intersectoral services should respond to housing difficulties, income poverty and parenting capacity in a coordinated way.
· The existing child protection policy is based on the model of direct service to children in difficult circumstances in the Residential care centers wich is influincing on increasing number of children and parents relying on center.
· Conditions of many Residential care centers are not sufficialt for children, they temporary cares children and don’t have responsibility for future life of children.
· Community based family service has proven as a best way to protect children to grow up at own family under supervision of the parents.
· This is the best way to save state budjet allocated for funding Residential Institutions. Number of families can receive saved money as adoption benefit, as family support for many children etc.
· Few family typed residential institutions with few children should work under the control of local Government
· No person, partnership, association, corporation or entity shall operate a child caring institution in the state without first obtaining a license to operate the institution by demonstrating compliance with the necessary requirements set forth in rules. Institutions operated as a part of a local church ministry or religious nonprofit school or a nonprofit religious charitable organization may request to be commissioned and licensed.
· Community based cervice, community work need to be identified and ammended to the Social Welfare Law. Financial issue for service should solved by Social Welfare law.

2. Social work need to be included as a important type of Social Service to the Social Welfare law and social workers responsibility need to be legalized, social work education need to be developed.

· The strategy to develop professional social work has three main components – to further develop social work education and to create positions in government for professional social workers, legalize social work service.
· Several universities have done pioneering work in establishing social work courses. It is important that the universities see the primary purpose of these courses as being to prepare students for direct practice of social work with families, individuals and communities.

· Expert group appointed by the Minister for Labour and Social Welfare in consultation with the Minister for Education, should develop the criteria for professional accreditation of courses and a transition process to allow time for adjustment. Later, responsibility for accreditation should be the responsibility of the national professional social workers’ association.

· Trained, professionals social workers will help the government get better outcomes from the limited funds it has available. Professional social workers will play an important role in increasing the skill levels of other staff who are involved in child welfare and development activities will make an important contribution to general capacity building in the social welfare sector.

3. Institutional Frame work for Child Welfare need to be changed

· Article 16, Law on the Protection of the Child Rights says “Member of the Government responsible for the population policy will be in charge of the implementation of the state policy towards children” by the Law on the Government Minister for Population responsible for planning, development, management, regulation and implementation, monitoring and evaluation of policies. National organization for children attached to the Member of Government responsible for population policy have following duties: in charge for implementation of the State policy towards children and the legislation on the protection of the rights of the child; to monitor the activities of the organizations designed to develop and protect children and to provide methodological guidance; to be in charge of the preparation of professionals dealing with children’s issues and to ensure their retraining; to provide methodological assistance to those public organizations designed to develop and protect children; other responsibilities defined by law.

· National Council for Children will have the duties to formulate State policy for the Development and Protection of children and to mobilize social resources for the implementation of the policy and to ensure the participation of state, public and other organizations, economic entities and individuals.

· The National Council for Children headed by the Prime Minister of Mongolia and its members are representatives of state, public, religious organizations and economic entities and leading political, social and cultural personnel and individuals. National organization for children will be designated as Secretariat of the National Council for Children. There is 4 violations of the Law on the Government of the Mongolia. If Law on the Government of the Mongolia allow to the minister for Population formulation, planning, development, management, regulation and implementation, monitoring and evaluation of policy on children, Law on the Protection of the Child rights can’t shift this responsibility for formulation of the policy to the National Council for Children (negotiation organization without right to decision) and implementation agency National Children’s Board appointed by Minister for Population can’t be secretariat of the National Counsil for Children.

· If the Ministry of Social Welfare have Social Welfare Department (Government implementing Agency) with Local branches, had sufficient state budget funding for Social Welfare Service, can responsible Child welfare and protection issue. And National Board for Children need to be Reformed to Child ombudsmen organization with big responsilility to monitor all overall process of Child Protection Child Welfare issue. Children's services play an important role in recognising and reporting child abuse and neglect and in promoting the safety, welfare and well-being of children particularly children up to the age of 12 years of age. By the Law on the Protection of Child Rights all people who are paid workers in children's services are legally obliged to report any current concerns they may have safety, welfare or well-being of a child. But still now unclear ton whom to report and who shoul solve the problem.

· If National Board for Children will reform to ombudsmen type organization a mandatory reporters must report to NBC if they suspect a child is at risk of harm. Risk of Harm need to be concretisized by law like current concerns about the safety, welfare and wellbeing of children for any of the following reasons:
Ø The child's basic physical or psychological needs are not being met or are at risk of not being met (neglect);
Ø The parents/caregivers have not arranged necessary medical care;
Ø The child is at risk of being physically or sexually abused or illtreated;
Ø The child is living in a home where there have been incidents of domestic violence;
Ø The child has suffered or is at risk of suffering serious psychological harm.
In this case Residential care centers will more concern about child welfare, protection and rights.

4. The government must intensify its efforts on effective use of foreign direct investments.

· PRSP is main component to improve child welfare situation. Main objectives and basic strategy of the Social Security Safety Net ADB funded loan project 2002-2008 has been formulated as below.

- Extending the coverage of social insurance in Mongolia;
- Overall strengthening of the system of social insurance;
- Development of active labour market policies;
- Improving targeting of social assistance;
- Development of decentralised and community-based social care;
- Enhancing the poverty reduction impact of social security;
- Development of administration of social security and improving co-ordination between structures;
- Inclusion of NGOs and the private sector in social security provision;
- Development of client-oriented and inclusive approaches in social security.

· Need to be sujjested in the Project Proposal Social work development issue and community based social welfare pilot projects.

Partnership and cooperation.

Steakholding is the new issue for Government of Mongolia. Steakholding, share of responsibilities will bring good effect on children’s protection and welfare. Service for children need to be located mostly in area of residence, near to the community, school and with participation of family. NGO, Sivil Society, children’s organization have good grassroots and they can work on limited resources. Some of them have own funding and good experience.