News item | 18-12-2023 | 4:00 pm
The Legal Status of Closed Youth Care Act will come into effect on 1 January 2024. This law clearly establishes the rights of children staying in an institution for closed youth care. In order to reduce the use of freedom-restricting measures, strict conditions are attached. The basic principle is ‘no, unless’. Additional requirements are also imposed on a number of specific freedom-restricting measures, seclusion areas and physical and social safety in closed youth care. Parallel to the entry into force of this law, the Youth Reform Agenda is working on a broad transformation in closed youth care, towards small-scale institutions that are as open as possible.
Children’s interests come first
State Secretary Van Ooijen (VWS): “We must do everything we can to ensure that children in closed youth care receive appropriate and loving care and that they feel safe. Everywhere in the country is currently working towards a form of youth care based on small-scale and openness. That also means something for how we deal with restrictions on freedom. With effect from this law, these types of measures must be handled in the same careful manner everywhere in the Netherlands. We put the interests of the children first in everything. Fortunately, we are already seeing this change in actions and culture in many closed institutions.”
‘No, unless’
The new law sets strict requirements for the application of freedom-restricting measures in closed youth care, with the aim of preventing freedom from restriction as much as possible. The starting point is ‘no, unless’, which means that restriction of freedom is not permitted unless it is necessary and proportionate. Youth care institutions must always consider again whether it is necessary, whether there are less onerous alternatives and whether the measure is expected to be effective.
Additional rules
Additional rules have been drawn up for some freedom-restricting measures, for example when it comes to confinement in a separate room. This must be as short as possible, no longer allowed under the age of 12 and only in the event of an emergency. Clear requirements are set for the room in which children may temporarily stay alone and the way in which contact must be maintained during their stay in that room. Finally, rules have been included that should improve social and physical safety for both children and youth care workers. The care plan must take the child’s wishes and preferences into account as much as possible.
At the same time as the Legal Status of Youth Care Act comes into effect, amendments to the Youth Act Decree and the Youth Act Regulations also come into effect. The amended Youth Act Regulations also contain rules on granting pocket and clothing allowance to children staying in residential youth care.