All minors in the Netherlands must be under authority – either parental authority or guardianship. For children who apply for asylum, without a parent or parents in the Netherlands, Nidos provides (temporary) guardianship. In addition, the Ministry of Security and Justice can indicate other categories of minors who can be placed under the guardianship of Nidos. The following categories have for instance been indicated: the minor of whom the mother is under the guardianship of Nidos and for or by whom an application for a regular residence permit under the limitation ‘residence with mother’ has been submitted and the minor for whom a residence permit under the limitation ‘victim-reporter of human trafficking’ is submitted.
Nidos is appointed by the court as guardian or temporary guardian if the parents of a child who applies for asylum have died or are unable to exercise the parental authority or the existence of one or both parents is unknown.
In the absence of the parent, the guardian fulfils the task of the parent and ensures a proper exercise of the care offered to the youngster and intervenes if this care is not adequate. This intervention can lead to indications which must result in improvements. If these improvements are not implemented adequately or do not offer a solution, the guardian can transfer the youngster to a different form of reception.