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Familierecht

Family Guardian Instructions in Delft

Binding family guardian instructions during OTS in Delft: mandatory for parents, aimed at child safety. Legal basis Youth Act, review by District Court of The Hague. Assistance via Juridisch Loket Delft.

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Family Guardian Instructions in Delft

The family guardian instructions are binding directives given by a family guardian to parents during a supervisory order (OTS) in Delft and surrounding areas. They ensure the safe development of the child and must be strictly followed. Non-compliance may result in sanctions via the District Court of The Hague (district) or even out-of-home placement.

Why Family Guardian Instructions in Delft?

In the case of an OTS in Delft, the juvenile court appoints a family guardian through certified institutions such as the Salvation Army or William Schriber. The guardian supports the family locally and issues instructions for issues such as parenting problems, addiction, or domestic violence. These are mandatory and linked to the care plan.

In Delft, the instructions are tailored to local situations, such as collaboration with regional youth care. They derive from the Youth Act and are evaluated at hearings in the District Court of The Hague.

Legal Basis of Family Guardian Instructions

Foundation in the Youth Act:

  • Article 1.3, paragraph 3: Tasks of certified institutions, including instructions.
  • Article 4.1: Care plan with measures.
  • Article 4.4: Obligation of parents; sanctions for non-compliance.
  • Article 1.5: Review by juvenile judge.
In Delft, the District Court of The Hague handles these cases efficiently.

When and How Instructions in Delft?

Instructions commence immediately after the OTS ruling, often at the first home visit in Delft. They are set out in the signed care plan. Examples:

  • Attend parent training with local providers.
  • Stop alcohol use with weekly tests.
  • Ensure child's school attendance and supervise homework.
  • Limit contact with ex-partner in cases of violence.

The guardian monitors compliance through visits, conversations, and reports to the District Court of The Hague. Adjustments are possible in changed circumstances.

Rights and Obligations in Delft

Obligations of parents:

  1. Reasonably comply with instructions (art. 4.4 Youth Act).
  2. Cooperate with guardian.
  3. Share family information.
Rights of parents:
  • Consent to care plan or object before the judge.
  • Protect privacy (except in child risk situations).
  • Request review.
  • File complaint with institution, Children's Ombudsman, or Juridisch Loket Delft.

Non-compliance leads to a written claim before the District Court of The Hague for sanctions or out-of-home placement.

Practical Examples from Delft

Example 1: Mother with alcohol problem in Delft: 'Weekly urine tests and local AA groups.' Upon non-compliance, District Court of The Hague extends OTS with treatment.

Example 2: Father ignores school: 'Daily reporting and consultation with mentor.' Successfully terminated after six months.

Example 3: Domestic violence: 'No unaccompanied contact.' Leads to crisis out-of-home placement.

These illustrate the child-centered approach in Delft.

Comparison: Instructions vs. Voluntary Assistance

AspectFamily Guardian Instructions (OTS)Voluntary Youth Assistance
Binding?YesNo
SanctionsJudicialNone
DurationMax. 1 year, extendableVariable
ReviewDistrict Court of The HagueInternal

Frequently Asked Questions

Can I refuse instructions?

No, reasonably obligatory. Refusal: guardian involves District Court of The Hague. First discuss with guardian or Juridisch Loket Delft.

Unreasonable instruction?

Written objection to guardian, submit to juvenile judge in The Hague. Judge reviews necessity.