Best interests’ assessments and determinations are two steps of a process that aims to identify the elements and facts relevant for a specific child.
[4][5][6][7] In transnational cases, risk and resilience assessments are a central component of the best interests’ determination process because they consider the context of destination and origin and also how the risks and resiliency of the child will change on the basis of any decision taken, including with regard to continued migration, transfer to another state or repatriation.
The objective of the best interests’ determination is to reach a decision based on national law that safeguards the rights of the child and promotes her or his well-being, safety and development.
Best interests’ determinations are carried out when the issues at stake are expected to have significant implications on the child's present and future life.
[10] Assessments leading to best interests’ determinations are based on diverse information sources which need to be verified and cross-checked in order to establish a reliable understanding of the child's situation and background.
[12] Caseworkers and officers are bound by the rules of data protection and confidentiality and have to respect the child's right to privacy, a requirement which can conflict with the need to share information about children with other authorities or professionals within countries of destination and across borders.
[12][13] In the case of asylum seekers, confidentiality rules are observed when information is sought from or transferred to countries of origin.
[12][13] Best interests’ assessments and determination processes use the knowledge and perspectives from different professional groups in order to achieve a holistic understanding of the child’s situation and background.
A common understanding of key concepts, terms and definitions, familiarity with the mandates of each partner, clear regulations of working routines, including clear regulation of data protection and confidentiality, and rules for the division of tasks and leadership, ideally in an institutionalised context, enables good communication among stakeholders.
The benefits of inter-agency and multi-disciplinary cooperation include: Identification determines the child’s identity as part of a best interests’ assessment.
This could be the case with erroneous statements or assessments of age made in a first point of arrival and challenged or contested by the child or the authorities later on.
Poor living conditions, nutrition and hygiene can lead to stunted growth and development of children coming from contexts characterised by poverty.
Cultural matters, environmental and living conditions as well as the individual physical, psychological and cognitive development can have a strong impact on the way a young person is perceived.
In some cultures, children under 18 are considered adults as soon as they perform an initiation rite, regardless of their biological age, and their behaviour may appear very mature.
[15][17][16][18][19][20][21] International guidelines recommend that, in cases of doubt, the person shall be assumed to be under 18 years old, be referred to child protection services and shall have an appointed guardian.
Risk assessments are conducted at different moments in the reception and care of a child and are part of social inquiries and best interests’ determinations.
Mapping sources of risk and resiliency for the child and the family is a precursor to preparing a safety and the identification and implementation of a durable solution.
Risk assessments give very concrete hints about what kind of support is needed to build resiliency, to strengthen the protective resources and capacities of the child, the family and the social context.
[29] This is a common practice within the European Union as all Member States are considered safe and national child protection authorities are considered competent and qualified to trace a family, to assess the best interests of the child with regard to family reunification and to provide quality alternative care if necessary.
[31] When legal regulations on family contact for unaccompanied children are not in place, the support of care staff, guardians and other relevant professionals is essential to ensure that unaccompanied children maintain relations and contact with their home countries, communities and families, wherever this is in their best interests and in accordance with confidentiality standards during the asylum procedure.
[9] A durable solution is identified on the basis of a best interests’ determination and it is therefore different for each individual unaccompanied or separated child, including refugees and asylum seekers, and children who are victims of trafficking.
The recommendation aims to promote the identification of “... lasting solutions for and with unaccompanied migrant minors that will help them to build life projects guaranteeing them a better future”.
Strengthening the transnational cooperation between the relevant authorities is a key aspect for the development and implementation of life projects.
Some might continue their journeys in order to reach their final destinations, to join family members or other contacts abroad.
This includes demonstrating that the child's views, needs and aspirations are being heard and taken into account in a meaningful way at all stages of their reception, referral and care and in the best interests’ determination.
[9] Specialised knowledge and experience with unusual and complex cases may however not be available in each municipality, especially in small towns and in rural areas.
For officials and professionals working with and for children should know whom to contact in order to seek information, technical assistance and specialised expertise.