Family Guardianship

Family Guardianship

J&IS also plays a critical role in protecting children who are at risk.

Our Family Guardianship team guides families under court-ordered supervision and ensures that children grow up in safe and stable environments. Family Guardians work directly with parents, extended family members, foster parents, schools, social services, behavioral and treatment support specialists, and the courts to reduce threats to a child’s development and restore safety within the home.

Objective, Mission & Vision ,

Objective
The J&IS Family Guardianship Department is responsible for providing adequate care, supervision, and protection for minors in St. Maarten who have been placed under protective measures by the Court. In addition to safeguarding children, the department works closely with families to address the underlying concerns that led to the protective measure, such as neglect and abuse, with the goal of lifting the measure when the child’s safety and development can be ensured.
Mission
The Family Guardianship Department is committed to safeguarding the safety, wellbeing, and development of every child under its supervision. Our mission is to ensure that children placed under protective measures grow up in a safe, stable, and nurturing environment. We do this by providing guidance to children and their families, coordinating appropriate support services, and strengthening parenting capacity so that families can regain responsibility and provide safe care for their children.
Vision
Our vision is a society in which every child grows up safe, protected, and supported in a stable and loving environment. In this society, abuse, neglect, and unsafe family situations are identified early and addressed effectively, so children are not exposed to harm with lasting consequences.

Guided by the principles of the International Convention on the Rights of the Child (CRC), the Family Guardianship Department intervenes when a child’s wellbeing or development is at risk and parents are unable or unwilling to provide adequate care. All interventions are focused on the best interests of the child and are proportionate, timely, and legally grounded.

We strive for outcomes in which children can remain safely within their own families whenever possible. When this is not feasible, children are provided with safe and appropriate alternative care, including foster care or residential placement. Through close collaboration with families and community partners, we work toward lasting safety, stability, and positive development for every child.

Who are Family Guardians? ,

Family Guardians are trained and compassionate professionals who work to protect the safety and well-being of children placed under court-ordered protective measures. Their primary role is to support families facing serious challenges by helping them address the issues that place a child at risk and by guiding them toward a safe and nurturing home environment.

Family Guardians work closely with parents or caregivers to develop and implement a plan aimed at improving the family situation. They provide guidance and support throughout the process and connect families with appropriate services such as counselling, social support, treatment, or parenting programs, ensuring families have access to the resources they need.

In addition, Family Guardians advocate for the child’s rights and interests at all times. They report regularly to the Court of Guardianship and the Court on the child’s situation and family progress and make professional recommendations on whether protective measures should be extended, adjusted, or lifted.

Protective Measure (Supervision) ,

When a child’s safety or development is seriously at risk and parents are unable or unwilling to make necessary changes, the Court may impose a protective supervision measure. Under this measure, a Family Guardian is assigned to the child and family.

The primary task of the Family Guardian (Gezinsvoogd) is to ensure the safety and wellbeing of the child placed under the authority of J&IS. This includes working intensively with the child and family to address the concerns that led to the protective measure and to support the child’s development in a safe and stable environment.

A temporary protective measure (VOTS) is imposed for a period of three months, while a definitive protective measure (OTS) may be imposed for up to one year and can be extended if concerns remain. The goal of supervision is always to protect the child and improve the parenting situation. The Family Guardian coordinates the necessary support and interventions to help resolve family problems.

In some cases, a child may need to be placed outside the home and the parental authority suspended or revoked, to ensure safety. Even then, the aim remains to guide and support the family so the child can return home as soon as it is safe to do so.

Out-of-Home Placement
In situations where a child cannot safely remain at home, the Court of Guardianship may request the judge to order an out-of-home placement. Whenever possible, children are placed within their family network, such as with relatives or trusted caregivers.
If placement within the network is not possible, the child may be placed with a foster family or in a residential care facility, depending on the child’s needs and circumstances.
Legal Guardianship
When parental authority is suspended or revoked, and no suitable family member or other person in the social network is available to act as a legal guardian, J&IS may be appointed as the child’s legal guardian.

Court Hearing ,

If a child’s development or safety is at risk, the Court of Guardianship conducts an investigation and submits a report and petition to the judge. During the court hearing, parents are given the opportunity to share their views on the proposed supervision order. If the child is 12 years of age or older, the judge will also hear the child’s opinion.

Once a supervision order is granted, a Family Guardian is assigned to support the family in addressing the issues that led to the protective measure. In many cases, the child remains at home, with the Family Guardian guiding parents in providing appropriate care. In other cases, the child may be temporarily placed outside the home for safety reasons.

Even during an out-of-home placement, cooperation between parents and the Family Guardian remains essential. The aim is always for parents to regain responsibility and for the child to return home once the situation has improved and it is safe to do so.

Evaluation Advice Report ,

At the end of each protective supervision period, the Family Guardian prepares an evaluation report for the Court of Guardianship and the Court. This report reviews the original concerns, the child’s development, and the progress made during the supervision period based on the plan of action presented at the last Court hearing.

If required, the report includes recommendations for extending the protective measure and may include an updated plan of action. The Court of Guardianship considers this report together with its own findings when advising the Court on whether to extend or end the protective measure, the legal guardinaship and any out-of-home placement.

Throughout this process, the Family Guardian continues to work closely with parents to improve the home situation and supports the child in functioning well at home, at school, and in the community.

Support For Parents ,

During a protective measure, parents receive guidance and support from a Family Guardian. The Family Guardian assists parents in addressing the issues affecting the family and improving the home environment to ensure the child’s safety and wellbeing. This support is provided in collaboration with other agencies and organizations offering social services, care, or treatment.

Together with the Family Guardian, parents or caregivers develop a plan of action aimed at improving the family situation so they can eventually resume full responsibility for raising their child. If parents do not follow this plan, the Family Guardian may issue a Written Instruction with consequences, as permitted by law.

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