Children’s Participation in Dutch Youth Care Practice: An Exploratory Study Into the Opportunities for Child Participation in Youth Care From Professionals’ Perspective

Child Care in Practice, 2018

Leiden Law School Research Paper No. 2018/02

16 Pages Posted: 14 Oct 2018

See all articles by Stephanie Rap

Stephanie Rap

Leiden University - Department of Child Law

Verkroost Denise

Leiden University - Department of Child Law

Bruning Mariëlle

Leiden University - Department of Child Law

Date Written: 2018

Abstract

Since 2015, local municipalities in the Netherlands are responsible for the organisation of the youth care and child protection system. One of the basic assumptions underlying the new Youth Act (2015) is the mobilisation and empowerment of the family to help solving their problems. Consequently, the participation of children and parents is essential in the implementation of youth care services. However, it seems that substantial differences exist between municipalities in realising children’s participation in decisions that are taken concerning their care and protection. This article provides an interdisciplinary perspective on child participation; it explores both the legal opportunities for participation as well as the extent to which children can make use of these opportunities in practice. It is concluded that municipalities have large discretion in giving shape to child participation in the access to voluntary and coercive youth care. However, child participation is better regulated and implemented in practice with respect to compulsory youth care via court orders. Throughout almost the entire process, the minimum age limit from when children are involved in the decision-making process is 12 years, which means that children below that age have scarce opportunities to participate

Keywords: child protection, children’s rights, child care law, child participation, social work

JEL Classification: K36

Suggested Citation

Rap, Stephanie and Denise, Verkroost and Marielle, Bruning, Children’s Participation in Dutch Youth Care Practice: An Exploratory Study Into the Opportunities for Child Participation in Youth Care From Professionals’ Perspective (2018). Child Care in Practice, 2018; Leiden Law School Research Paper No. 2018/02. Available at SSRN: https://ssrn.com/abstract=

Stephanie Rap (Contact Author)

Leiden University - Department of Child Law ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

Verkroost Denise

Leiden University - Department of Child Law ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

Bruning Marielle

Leiden University - Department of Child Law ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

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