The Dutch child protection system uses the term 'acceptable period'. This concerns the supervision order

The Dutch child protection system uses the term 'acceptable period'. This concerns the supervision order (Article 1:255 paragraph sub b BW: period in which work can be done on home placement after a supervision order) and the termination of parental authority (Article 1:266 BW: period before the authority of a parent can possibly be terminated). The 'acceptable period' is associated by some with intercountry adoption. It is claimed that this period has its origins in the UN Guidelines for Alternative Care of Children from 2009. These guidelines, which are not legally binding, are said to have been influenced by the international pro-adoption lobby, in order to stimulate the intercountry adoption of children.

The Guidelines for Alternative Care elaborate in particular, but not exclusively, the right to special protection and assistance for children in alternative forms of care as included in the UN Convention on the Rights of the Child (Article 20). The starting point is that every effort should be made to have children grow up with their biological parents or caregivers, in their own environment and culture (see also Article 30). If this is not possible or not in the best interests of the child, stable and permanent solutions must be sought within an appropriate period (elsewhere in the guidelines referred to as a 'reasonable period'). The guidelines mention adoption and kafalah under Islamic law. If this is not possible, other long-term options, such as foster care, appropriate residential care or informal care ( extended family ), must be considered.

Those who link the 'acceptable period' to intercountry adoption believe that the emphasis in the guidelines on an 'appropriate period' and 'stable and definitive solutions' is the result of the international pro-adoption lobby. Whether and, if so, to what extent this lobby has influenced the text of the guidelines is unknown to us at Defence for Children Netherlands. It is important that the guidelines state that if (domestic or intercountry) adoption is not possible, other appropriate solutions must be considered. In doing so, Article 21 of the Convention on the Rights of the Child must be observed. According to this article, there are various reasons why adoption is not possible. For example, countries may not recognise and/or allow domestic and/or intercountry adoption. It is also possible that the subsidiarity principle included in Article 21(b) of the Convention on the Rights of the Child is not being met (for more information about this concept, see the answer to the question 'What is the subsidiarity principle').

The guidelines do not state anything about the duration of the 'appropriate period'. However, the implementation guide 'Moving Forward' published in 2012 does state that sufficient time must be spent and every effort must be made to return the child and reunite him or her with his or her family. According to the guide, this process could take up to two years. The Dutch articles of law on supervision and termination of parental authority deliberately do not provide precise terms. This is stated in the explanatory memorandum to those articles dating from 2009. Since the introduction of the articles in 2015, guidelines from the Netherlands Youth Institute (NJi) and three professional associations have advised using terms of six months to one year. There is currently a lot of commotion about this. That is why these guidelines are now being examined.

The Guidelines for Alternative Care for Children do not interfere with the provisions of Article 21 of the Convention on the Rights of the Child. They also do not elaborate on the concept of 'appropriate period'. As such, they do not form the basis for the interpretation of the Dutch legal term 'acceptable period'.