The Legal Aid Service (LAS) with the USAID Rule of Law Program support hosted a discussion on child separation issues in Georgia. The meeting brought together legal aid lawyers from the LAS’s Kutaisi and Zestaponi Bureaus, social workers from Kutaisi, Zugdidi, Batumi, Ozurgeti, and Racha-Lechkhumi, as well as judges from Kutaisi City Court and Samtredia District Court - a total of 26 attendees.

In her opening remarks, Attorney Ana Shalamberidze, representing the USAID Rule of Law Program's Kutaisi Rule of Law Hub, highlighted the Program’s efforts to create a child-friendly environment in Kutaisi. Davit Simonia, the Director of LAS, expressed gratitude for the support provided to enhance the legal environment in Georgia.

During the meeting, Peggy Walker, an American judge invited by the Program, delivered a presentation on litigation practices in juvenile courts in the U.S. states of Atlanta, Georgia and Douglas Country. Judge Walker shared her insights from the U.S., where significant improvements have been made to the court system over the past 30 years. She pointed out the gaps and lack of services in the Georgian court system and emphasized the need to educate policymakers and budget planners to prevent future setbacks in the system. Judge Walker stressed the importance of providing a stable environment and careful attention to avoid stress and negative impact on the child's mental health.

The American system envisages a two-step plan for child separation. Firstly, efforts should be made to reunify the child with their family, providing support and relevant resources. If this step proves unsuccessful, the child should be placed under permanent guardianship or open adoption. Unfortunately, in the Georgian context, in most cases the first step faces challenges as parents often lack the financial resources, leading their children to stay with foster families regularly. Typically, these children remain in the foster care until they reach adulthood, as parents receive financial support and compensation from the state, along with future funding for their children's university education. This situation results in the children living away from their families, and lacking a stable permanent environment, which is necessary for their well-being.

During the meeting, representatives from the United Nations International Children's Emergency Fund (UNICEF) shared their recommendations on the practice of separating a child from its family. They informed participants about the upcoming activities to develop practices and legislation on child separation in compliance with international standards. UNICEF is currently finalizing two documents: a) a set of practices and recommendations for social workers, judges, and lawyers regarding child separation; and b) recommendations for other stakeholders.

Among the discussions were innovative ideas proposing the imposition of fines on parents who neglect their children and leave them under the state care to avoid responsibility. This recommendation aims to hold parents accountable for their children's welfare and mirrors a successful approach implemented in the United States, where fines are imposed on parents who fail to adhere to proposed reintegration plans. The objective of this approach is to promote the reunification of children with their birth families, ensuring a stable and nurturing environment for their development.

The USAID Rule of Law Program in collaboration with the Legal Aid Service is dedicated to foster positive change in the lives of children, by supporting their right to a safe and nurturing environment. The Program is committed to building a brighter future for Georgia's children through ongoing collaboration and promotion of innovative approaches.