Under supervision

If things are not going well in a family with regard to the education of a child, this could be a reason for a supervision order.

On the grounds of article 1:254 of the Dutch Civil Code, a minor can be placed under supervision by the juvenile court “if he is growing up in such a way that his moral or spiritual interests or his health are at serious risk, and other means to avert this risk have failed or are expected to fail”. The juvenile court then appoints a family guardianship institution. Placing under supervision [ondertoezichtstelling; OTS]), also referred to as family guardianship, therefore provides support for the child and parents. If it concerns a minor by or for whom an application has been submitted for a temporary asylum residence permit and who is staying in a COA reception location in connection with this, the juvenile court can place this youngster under the supervision of Nidos, on the grounds of article 1:254 of the Dutch Civil Code.

The purpose of this supervision order is to protect the child and to improve the parental relationship between the child and the parents, in the interests of the child. For this purpose, the family guardian organizes the help which is needed in order to overcome the parenting problems.

The child can possibly be removed from the home. There are several reasons for a child protection measure. For example, there could be parenting problems due to a different rate of integration of parents and children which can lead to problems in the authority relationship between parents and children. The tensions involved with a refugee status, the asylum procedure and the long stay in asylum seekers’ centres can put such a burden on the parenting relation that a family guardian is appointed in order to help improve the situation. In addition, problems could emerge because parents were used to bringing up their children within an extended family setting in the country of origin, while they have to manage in the Netherlands without this family support. It could also concern children who, along with their parents, no longer have the right to reception in the Netherlands but who cannot be removed, as a result of which a parenting crisis can emerge.