When working on transition of care, it is always important to be aware of the legislative and policy framework that exists in the country in question. If there are no frameworks supporting family strengthening, family-based alternative care and prevention of unnecessary separation of children from their families, this is a major obstacle. However, the opposite also happens. In some countries, there are lots of great statements and frameworks in legislation and policy, but actual practical implementation is often slow or practically non-existent.
The promising legislation and policy may involve things like the inclusion of children with disabilities in support and services, alternative care being used as a temporary measure of last resort, clear guidelines and requirements for family-based alternative care provisions, etc. However, when looking around at what has been implemented you see little evidence of any of it being there. It is frustrating when you find that everything you need is outlined in legislation and policy, but it is not actually part of everyday reality.
One problem may be that often legislation is aspirational and the policy to support it does not come with an action plan that is concrete enough and/or neglects to acknowledge the different steps and phases that are needed to gradually work towards the aspirational goal in order to be able to reach it (in a sustainable way).
A theoretical example of policy advice that may not be fully thought through to clarify the point made is: everyone should use bicycles as the main mode of transport. This is both good for the environment and good for health. On the surface, it seems like sound policy advice. However, in practice, it may pass by the fact that not everyone has a bike. Not everyone is able to afford to buy a bike. Even if everyone was able to afford to buy a bike, there are not enough bicycles in the country to give every person one. And even if there were enough bicycles and everyone would be given one for free, not everyone knows how to ride a bike and some people are physically incapable of riding one. None of this is taken into account or addressed or even acknowledged in the policy advice. Instead, what might happen in practice is just a continuous emphasis of the message that everyone using bicycles as their main mode of transport is good for the environment, good for health and cheaper than using cars or public transport. The rest is expected to fall into place on its own. When it doesn’t people are perplexed.
This may sound silly, it is of course an exaggeration. However, it is not that far off the reality of how a lot of policy is designed, unfortunately. Policymakers who have little or no insight into the realities of everyday living circumstances of people who do not live in urban upper-class areas make decisions based on theory. When this is done without taking the time to find out what is actually needed and feasible, the chances of implementation become remote.
Similarly, too often policy fails to address who exactly will be responsible for what part of its implementation. Or responsibility might be divided over many different government departments and/or levels of government with limited communication and coordination between the different bearers of responsibility. This can easily lead to everyone presuming that someone else will be working on it and therefore nothing actually being done.
This is a shame, especially now that more and more governments are starting to understand the need to move towards family-based alternative care combined with more family strengthening and family preservation. Beautiful and promising laws are written. But laws and policy documents mean nothing if they are not implemented. This needs to be addressed.
Policy needs to be concrete not just about the goals, but about what needs to happen and who is responsible for making it happen. The policies need to be developed in cooperation with the people who are supposed to benefit from them, to ensure that that will be the case. And they have to be costed and financed so that those responsible for implementation have the resources needed to implement.
Child protection and alternative care reform need a legislative framework, but they also need implementation, otherwise, nothing will change.
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