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Temporary residence permit for children subject to a Child Protection Order 26 August 2019

The "Children subject to a Child Protection Order Policy Framework" takes effect from 1 October 2019.

This Policy Framework has been drawn up by the Dutch Immigration and Naturalisation Service (IND) in cooperation with the Dutch Repatriation and Departure Service (DT&V) and the Dutch Child Care and Protection Board (RvdK).

The family supervision order is the most common child protection order.  If there are problems of a severe and threatening nature within the family and voluntary help has no effect, the Court may place a child under the supervision of a family supervisor at the request of the RvdK. A far-reaching measure like that is not taken lightly. This only happens when the Court deems it necessary that both the minor and the family are compelled to get help. In the latter case, a youth protector is appointed.

What is regulated by the Policy Framework?
The Policy Framework regulates in which situations a (temporary) residence permit may be issued to an under-age foreign national made subject to a child protection order. This residence permit is based on "temporary humanitarian grounds". Whether the under-age foreign national will be eligible for a residence permit is determined, among others, by the severity, the length, and the assignability of the child protection order imposed.

A child may be eligible for residence when a family supervision order is pronounced which is imposed for no less than one year and the transfer of the family supervision order to another country, which is usually the country of origin, is not possible. If the family supervision order may be transferred to another country, the child is not eligible for a residence permit, as it is assumed that the family protection order may be executed in that land too.

In case of an extension of the family supervision order, the residence permit may be either extended or granted when the family protection order still cannot be transferred. When the Court has ended the parental custody of the child, there may also follow a residence permit for the child.

Recently, State Secretary Broekers-Knol of Security and Justice informed the Second Chamber on the Policy Framework for under-age foreign nationals subject to a Child Protection Order .

Applications are deferred until 1 October
As yet, the IND cannot decide with regard to applications for a residence permit pursuant to a child protection order filed before 1 October 2019. These applications will be deferred until the Policy Framework will become effective on 1 October. The IND will provide information on the Policy Framework prior to its entry into force on 1 October next.

Discretionary powers repealed
Until 1 May of this year, the State Secretary was at liberty to issue a residence permit to children subject to a child protection order without a Policy Framework in the legislation on aliens, referred to as the discretionary powers of State Secretary for Security and Justice. The discretionary powers were repealed as of 1 May 2019.

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