Mandatory regulation within Federal Court of Appeals, Argentina

Focus 6: The care of children whose primary caregiver is in custody

The Federal Court of Appeals for San Martín in Argentina has a mandatory regulation that its judges must verify whether arrested persons are the sole carers for children. To enable this, police officers ask each person arrested if they are sole carers. If this is the case and the detained person has provided the name and address of an alternative temporary carer, the children are taken to the alternative carer. The police must take the name, address and signature of the new carers so that they stay in touch with parents and a competent child protection body.

The caring arrangements will be considered at court, with opportunities for children to voice their opinions and for arrested parents and new carers to confirm or change their mind about the care arrangements after being interviewed by court social workers.

For more information see: Collateral Convicts: Children of incarcerated parents. Recommendations and good practice from the UN Committee on the Rights of the Child Day of General Discussion 2011.

International Social Service, Oak Foundation, SOS Children's Villages International, unicef, ATD Fourth World, Better Care Network, Family for every child, ngo group for the crc, PEPFAR, RELAF, Save the Children, USAID