Intercountry child placement

For any child placement in another Contracting State, Art. 33 HC 96 provides that a mandatory preliminary consultation procedure has to be complied with. For this purpose, the requesting authority transmits to the Central Authority or other competent authority of the requested State a report on the child together with the reasons for the proposed placement or provision of care.

Mandatory preliminary consultation procedure

If an administrative or judicial authority having jurisdiction under Articles 5 to 10 HC 96 contemplates the placement of the child in a foster family or institutional care, and if such placement or such provision of care is to take place in another Contracting State, it shall first ask for the consent of the Central Authority or other competent authority of the State where the child is to be placed.

The final decision on the placement can therefore only be taken in the requesting State if the Central Authority or other competent authority of the requested State has consented to the placement or provision of care.

The competent administrative or judicial authority contemplating such a placement may submit a request for consent through its cantonal Central Authority. The cantonal central Authority will forward the request (with the enclosures and translations provided by the authority considering the placement) to the Central Authority or other competent authority of the State where the child is to be placed.

The file provided by the authority contemplating the placement must include the elements necessary to assess not only the institution or family where the child would be placed, but also the placement project generally as well as the migratory and economical aspects of the placement.

If the procedure provided for in Art. 33 HC 96 has not been complied with, the authorities of the Contracting State in which the placement should take or already took place may refuse recognition of the decision on the placement (s. Art. 23 para 2 let. f HC 96).

The request and its enclosures, as well as any communications, shall be in the original language, and shall be accompanied by a translation into the official language of the other State or, where that is not feasible, a translation into French or English.

Last modification 26.01.2021

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