Webinar 19 Children in detention Webinar Training April

Webinar 19: Children in detention Webinar Training April 1, 2021

Overall aim of the webinar: Managing children in detention in the context of COVID-19 Welcome and introduction Key principles informing these sessions Strengthsbased Useful for here and now but also forward looking Informed by global guidance and child rights instruments Contextualized and fit for purpose (i. e. , practical) Participatory

Agenda 1. 2. 3. Child friendly justice principles and approaches Impact of COVID on children in detention from a global perspective Responding to the impact of COVID-19 on children in detention

Key Messages ▪ ▪ ▪ ▪ Children in detention are children first! Therefore their rights as children must be upheld. Detention should be the last resort and for the shortest period of time – family care is still the best option for a child. Should detention be unavoidable, child justice friendly principles must prevail! Diversion of children that minimises contact with the formal justice system must be pursued. The SSW – specifically the Probation Officer and Social Welfare Officer play an advocacy role, to ensure that the best interest of the child informs decision making. Probation Officer is also the bridge between the detained child, the family and the community. Being in detention increases a child's vulnerability and care must be taken that the child is not exposed to additional child protection risks. Do not be judgmental and assume that children in detention are ‘bad’

Rights based approach The Children’s Act – Cap 59 (amended) has domesticated the international and regional instruments to ensure that a child friendly justice approach to the management of children in detention is followed: • During the pandemic it is essential that the State/Ministry take measures to ensure that the human rights of every child who is deprived of her or his liberty are fully respected, protected and fulfilled, including in emergency situations • That they are provided with adequate care and protection from harm including by taking concrete steps to decongest all facilities in which they are detained • That all decisions and actions concerning children are guided by the principle of the best interest of the child. and children’s rights to life, survival, and development, and to be heard. This Photo by Unknown Author is licensed under CC BY-ND

2. Impact of COVID-19 on children in detention

2. Impact of COVID-19 on children in detention Children deprived of their liberty are at greater risk of contracting the virus An outbreak of any communicable disease presents particular risks for detention facilities due to vulnerability of the population and the difficulties to contain the outbreak Children are more vulnerable because of the confined conditions in which they live making it more difficult to selfisolate or practice physical distancing, especially in facilities that are overcrowded and unclean, and where security or infrastructure reduce access to water, sanitation and basic hygiene Additional challenges are accessing a range of services including health care, mental health, PSS and education During the pandemic children most likely to have limited to zero access to information about the pandemic including much needed information on how to protect themselves, identify symptoms and seek treatment The lack of adequate healthcare can also lead to the spread of the virus putting not only the children at risk, but also those in the social service & law enforcement , eg, police, probation officers staff etc.

Impact of COVID-19 on children in detention Containment measure require closures of courts, suspension of criminal trails, movement restrictions of lawyers and access to their clients as well as visits to detention facilities by family members. Physical distancing, movement restrictions and/or separation from care givers may impose disruption to individual support which can contribute to secondary trauma which separation brings about affecting their mental health Such measures have a negative impact on children due to extension of the period of detention, or in many cases a delay in the release of children Children who have been detained unlikely to benefit from distance learning solutions: Lack of support, access to the internet, accessible software and learning materials. Inability for a child to maintain regular contact with her/his family may have a serious impact on the child’s mental health and well being, particular those who experience distress and fear of COVID 19. Disrupted routines can be difficult for children who are detained who require reliable routines, as part of behaviour modification

Considerations for the management of children in detention ▪ Provide information on COVID-19 prevention and assistance in accessible and ageappropriate formats. ▪ Safeguard children’s health. ▪ Ensure the use of personal protective equipment (PPE) by child protection practitioners and by children and staff. ▪ Don’t forget that COVID-19 impacts everyone regardless of ability. Anxiety, lockdowns, isolation, and information consumption, loss of livelihoods and support systems due to the pandemic, impact on mental health of all people, including children in detention.

Only essential staff, i. e. , those responsible for the physical, emotional and safety needs of children in care, should report or reside at work. Provide handwashing stations and information about how to prevent COVID-19 Be supportive and actively listen to all children under your care during this time of uncertainty. If a child exhibits signs of worry or stress, take time to listen to them. Explore their concern and reassure and comfort them and explain, in a child friendly manner, about what is happening. aware of any changes in children’s emotional behavior. Encourage children to Considerations Be ask questions and express their feelings with you. Remember that each child may for children in have different reactions to stress; be patient and understanding. Detention Facilitate regular phone calls with family, whenever possible. Continue to conduct case management services; plans for return to family should not be stopped because of COVID-19.

Chatbox • What other considerations should be taken into account in support of children in detention during COVID 19?

This Photo by Unknown Author is licensed under CC BY-NC Session 3: Responding to COVID 19 impact on children in detention

General principles of response ▪ ▪ ▪ ▪ Court should still be regularly attended Measures taken to prevent, contain or respond to the virus must not result in continued detention of children Use arrest, detention and imprisonment only as a measure of last resort and for the shortest appropriate period of time; Alternative measures should be prioritized and promoted with all the due safeguards for the children and their families at this time; Implement measures so that every child can maintain regular contact with her or his family through correspondence and visits; Provide every child with prompt access to specialized legal and other appropriate assistance, Where children cannot be released or where alternative measures are not possible, take concrete steps to improve and maintain conditions so that they meet the relevant minimum international standards, including with respect to child/staff ratios, and to provide children with necessary services. Ongoing close liaison with police and magistrates to avoid criminalizing of especially vulnerable children This Photo by Unknown Author is licensed under CC BY-ND

Increased Child Protection Risks Children in detention will experience increased physical, sexual violence, verbal abuse and gender based violence Detention facilities are far removed from children’s families, homes and communities and regular communication is often limited. Necessary considerations Make an extra effort to identify children in detention who can be bullied and are more vulnerable because of their age, or physical stature. Improve communication strategies Closely follow up on dates for release, or hearings and permanency plan for the child Conditions of detention makes a child more vulnerable as this may be perceived as a form of discipline or punishment. Ensure basic needs are met Children may also face stigma if outbreaks occur within detention facilities, potentially leaving them even further behind” Strengthen collaboration between actors responsible for child protection of children. Continuously check on child’s status and well being Strengthen the link between family and centre

Necessary considerations • Increased Child Protection Risks Staff illness can lead to staff reduction below acceptable levels for care and protection of children deprived of their liberty, potentially exacerbating children’s vulnerability due to lack of supervision and care, including their vulnerability to violence, abuse, and neglect, and a greater likelihood that they will be confined in smaller spaces that are easier to control or supervise. Use COVID-19 as an opportunity to advocate for juvenile justice issues – importance of juvenile justice principles, need for more resources, and decongestion of remand homes, norms and standards for care; improved supervision practices; separation of other vulnerable children

Role Players and functions Police After arrest keeping children safe, bringing children to the attention of the Probation officers, informing parents of child’s whereabouts. Consideration for diverting petty case as early as possible, referral of family for follow up services. Probation Officers Case management steps of assessment, social investigation, participating and advocating for options that are in the best interest of the child. Providing parents with information about the case and referral to CBO for follow up services. Ensuring that legal aid is made available for a child who cannot be diverted. Management of Detention Centres & Remand Homes Magistrate Receiving the child and ensuring the child understands the functioning of the centre, keeping the child safe, keeping children separate from other vulnerable children, ensuring that children are exposed to therapeutic and developmental programs according to their age. Advocating for additional resources in order to ensure COVID prevention strategies are in place, children have access to online education etc. Divert children; increase use of non-custodial measures; implement alternative modalities that do not compromise a child’s right to a fair trial; reduce public/in person hearings;

Responding to children in detention ▪ ▪ Undertake an immediate review of all cases, ▪ Provide support and engage with families and caregivers to enable the safe reintegration of children ▪ ▪ After release use case management processes to manage and track children ▪ Link children with service providers who provide behavior modification interventions to reduce the occurrence of recidivism Prioritize release of children to their families, extended families, other familybased care, communities, or appropriate health care facilities: connecting families and children to health care (e. g. for COVID-19), mental health and psychosocial services (e. g. clinical care), services for violence prevention and response (incld. gender-based), educational services and other opportunities

Responding to children in detention Prevent new admissions to remand centres Management of children in detention needs increased cooperation between the various actors all the time not only during emergencies Review supervision requirements of children (especially in-person visits) to virtual monitoring through use of technology. Cooperation can lead to principle of detention as a last resort being upheld.

Operational Considerations ▪ Mo. H Prevention strategies of social distancing, handwashing and sanitizing and wearing of masks should be strictly adhered to ▪ Children who are in detention should not attend public functions or events outside of the facility. ▪ ▪ No visitors ▪ If someone must step out of the institution for supplies, upon returning they must thoroughly wash hands and change their clothes immediately. Supplies should be wiped down with alcohol-based sanitizers before entering the institution. ▪ Practice physical distancing as much as possible: o Beds spaced 1 m apart o Seating spaced for classes o Seating spaced for eating (adjust schedule for small groups) ▪ Increase sanitization cleaning of doorknobs, light switches, cutlery, plates, surfaces and other frequently touched areas ▪ Prepare an isolation room in case a child falls ill or shows symptoms. Display signs reminding staff & children to wash hands regularly – include diagram of WHO handwash technique.

Tips for management and staff Management should provide accurate information to all staff, clearly point out myths and facts. Management should release any available funds for masks, gloves, soap/sanitiser All casual staff not performing essential duties should work from home, whilst maintaining appropriate staff to child ratio. Security guards necessary for safety should remain and should follow the recommendations from the Ministry of Health. Essential staff should avoid going to and from work, if possible. If it is required, they must wear masks and wash hands before entering or leaving the building.

Building back better from lessons learnt from emergencies Build on • Build on the experience gained about improving conditions and services to children in detention. Maintain • Maintain positive coordination with police, legal and justice, and other actors to improve services to children in detention Advocate Involve Ensure • Advocate for diversion as early as possible after first contact. • Involve children in detention in planning new services to build back better.

Additional Reading • • https: //alliancecpha. org/en/system/tdf/library/attachments/covid 19_and_children_deprived_of_their_liberty_v 1_lowres_0. pdf? file=1&type=nod e&id=37576 https: //www. unodc. org/documents/Advocacy. Section/Mo. S_Children_in_detention_COVID-19. pdf - PROTECTING CHILDREN DEPRIVED OF LIBERTY DURING THE COVID-19 OUTBREAK https: //www. ohchr. org/EN/News. Events/Pages/COVID 19 Guidance. aspx Human Rights and COVID - 19 https: //www. tdh. ch/en/statements/release-children-detention-covid-19

Discussion time! Based on what you’ve learned in this webinar, what can you do to improve the well being of children in detention?

Thank you!

Tea break!