Εκμετάλλευση - Εμπορία Ανθρώπων - Human Exploitation/Trafficking Let-Children-be-Children_Case-studies-refugee-prog | Page 31

GERMANY LEGAL AND POLICY CONTEXT In recent years the number of unaccompanied and separated children registered 1 in Germany has increased dramatically: from 2,822 in 2010 to 42,309 in 2015. Although these numbers began to drop in 2016, they remain very high 2 . In January 2016, 60,162 unaccompanied and separated children were registered and placed in care in Germany. The majority of these chil- dren are from Afghanistan, Syria, Iraq, Eritrea and Somalia. Only around 9% are below the age of 14 and a further 20% are between 14 and 15 years old, while the majority are adolescents between the ages of 17 and 18. Only 10% are fe- male. In North Rhine–Westphalia alone, 13,211 unaccompanied and separated children were registered with youth welfare services in 2016, compared to 12,805 in 2017 3 . Unaccompanied and separated children are usually placed in either foster care or group homes. Some municipalities and local authorities have no previous experience of working with this group of children, which has prompted the need to recruit and train volunteer guardians. Guardianship responsibilities are exercised by (a) the staff of local youth welfare offices; (b) the staff of guardianship associations licensed and monitored by youth welfare offices; (c) self-em- ployed individuals registered with the courts; or (d) volunteers recruited by youth welfare offices. Volunteer guardians are not paid, but they are compensated for the expenses associ- ated with the performance of their duties once a year 5 , and certain expenses can be claimed back by volunteers from their agencies. Local youth welfare offices are responsible for the recruit- ment, training, supervision and monitoring of volunteer guardians. Under German law, a maximum of 50 children can be assigned to a professional guardian (i.e. an employee of a youth welfare office). Volunteer guardians usually are responsible for one or two children only, whilst individuals who work as professional guardians are usually assigned ten to 15 children. The actual number of cases per guardian may also depend on the personal circumstances of the child. Under German law, when parents are unable to care for their children, a guardian is appointed in court 4 . In the case of unaccompanied and separated children seeking asylum, a guardian should be appointed within three days of arrival. 1 _ An unaccompanied child is defined as a person below the age of 18 years old who arrives in Germany from abroad without a parent or a legal guardian. 2 _ “Unbegleitete Einreisen Minderjähriger aus dem Ausland lassen Inobhutnahmen 2015 erheblich ansteigen“, Federal Office of Statistics, Press release N. 268, 2 August 2016, https://www.destatis.de/DE/PresseService/Presse/Pressemitteilungen/2016/08/PD16_268_225.html. 3 _ As of 1 April 2016 and 23 June 2017 respectively. For more information, see: “Versorgung, Betreuung und Unterstützung von unbegleiteten ausländischen Minderjährigen (UMA)“, Rhineland Region, 1 April 2016, http://www.lvr.de/media/wwwlvrde/jugend/service/arbeitshilfen/ dokumente_94/jugend_mter_1/landesstelle_nrw_1/FirstSpirit_1459754652044TL_UMA_Nordrhein-Westfalen_2016-04-01.pdf; “Handreichung zum Umgang mit unbegleiteten minderjährigen Flüchtlingen in Nordrhein-Westfalen 2017”, Ministry of Family, Children, Youth, Culture and Sport of North Rhine-Westphalia & Ministry of Interior and Municipal Affairs of North Rhine- Westphalia, https://www.mkffi.nrw/sites/default/files/asset/document/handreichung_2017.pdf; “Leitfaden zur Umsetzung des vorläufigen Verfahrens zur Verteilung von unbegleiteten minderjährigen Flüchtlingen in Nordrhein-Westfalen”, Ministry of Family, Children, Youth, Culture and Sport of North Rhine-Westphalia, 2015, https://www.mfkjks.nrw/sites/default/files/asset/document/leitfaden_vorlaeufiges_verfahren_zur_verteilung_von_umf_nrw_0.pdf. 4 _ Art. 6 para. 2 GG, § 1774 BGB, § 1 para. 1 SGB VIII. 5 _ On the legal framework see also: Bürgerliches Gesetzbuch, §§1773-1895, §1773 para. 1 and §53ff, SGB VIII. 31