Challenges in legal regulation of alternative care in modern Georgian law

Abstract

This paper analyses actual legal issues related to the protection of rights of a child deprived of parental care and the use of alternative care. Every child separated from the family has the right to receive adequate care and protection from the state. The author notes that currently, there is no unified deinstitutionalisation strategy and action plan in Georgia ensuring the protection of the rights of a child deprived of parental care. The qualitative research results, regulatory legal acts for alternative care and court practice are based on legal analysis. The authority of the guardianship and custody body lies in the application of alternative care. Thus, the aim of our study is to analyse alternative care issues regulated in Georgia, its enforcement in practice and to develop specific proposals and recommendations in order to eliminate the gaps related to the alternative care issues. The research has revealed that in order to successfully complete the deinstitutionalisation process in Georgia, it is necessary to develop a unified strategy and action plan. Children should be provided with services as close to family as possible: taking prevention measures, offering appropriate support services to families and considering the geographical access. It is necessary to allocate both material and human resources, including in terms of training.