The Public Defender of Georgia addressed the Minister of Labour, Healthcare and Social Protection of Georgia with recommendation regarding right to health of a beneficiary of small family-type children’s home.

On July 19, 2013 the Public Defender received information concerning violation of rights of minor L.K. Based on the information received Public Defender initiated examination of L.K.’s case.

On July 12, 2012 based on the decision of the Social Service Agency, L.K. was placed in one of the small family-type children’s homes. During the past year L.K. had had a number of suicide attempts. L.K.’s parent’s parenthood rights have been limited and at the moment Social Service Agency is the legal representative of the child. Since the placement of L.K. in the small family-type children’s home medical assistance providers had to be called for 15 times due to deterioration of L.K.’s metal health condition. Presented documents confirm this fact. Four times the beneficiary was placed at a psychiatric clinic for in-house treatment.

Regardless the fact that the beneficiary had to undergo psychiatric treatment at a relevant clinic on several occasions, the attempts of self-inflicting damage and suicide have not stopped. According to the psychiatrist of the mental health clinic it is impossible to keep L.K. actions under control at a small family-type children’s home.

Management of the psychiatric clinic states that L.K.’s diagnosis is final and the patient requires extensive treatment and rehabilitation.

On July 15, 2013 case-conference was conducted regarding L.K’s situation. Representative of the Social Service Agency highlighted the complex character of the case and remarked that L.K.’s case is not outstanding and about 30% of the minor beneficiaries under state care are facing this type of problem.

Once again, it was underlined that it is impossible to keep L.K.’s situation under control at a small family-type children’s home. However, at the same time there are no alternative state services, where L.K. could receive sufficient medical care and rehabilitation service. Case-conference report states that the participants were unable to achieve their objective. Sufficient state services could not be identified for the beneficiary; they were unable to improve L.K’s situation and ensure safety of the child.

L.K. had two more suicide attempts from July 19 to August 7, 2013. After this the minor was placed at a psychiatric hospital, where L.K. currently remains. A minor can be placed at a clinic for up to 21 days. After this time period, L.K. will return to the small family-type children’s home, where there is a constant risk of self-infliction of damage by the beneficiary that could lead to fatal results.

Public Defender regards that by placing the child with mental disorder at the small family-type children’s home the Social service Agency violated the right guaranteed by Article 3 (3) of the United Nations Convention on the Rights of the Child which states that States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.

Factual circumstances have revealed that the mentioned service was not available for juveniles with such mental health problems right from the beginning, especially considering the fact that the problem was known to the Social Service Agency prior to placing the minor into small family-type children’s home.

The Public Defender regards that returning of the minor to the same small family-type children’s home, may violate the right to adequate and timely healthcare guaranteed by the Article 24 of the convention, because according to the organization providing the service, they do not possess sufficient resources to secure health and safety of the beneficiary. It is also important to take into consideration demand of the Article 23 of the Convention, according to which, the state should provide special care for the children with mental disabilities.

Considering all the above mentioned, In accordance with article 21 (b) of the Organic Law of Georgia on Public Defender, the Public Defender of Georgia has addressed the Ministry of Labour, Healthcare and Social Protection with a recommendation, and requested:

- The minor to be placed in an institution that provides safe and adequate medical, psyco-social rehabilitation services, for a period of time required for full rehabilitation, in order to avoid further deterioration of health or death of the child;

- In the shortest time possible, to develop a state program for juvenile beneficiaries under state protection suffering from mental health problems, that would ensure full accessibility of required rehabilitation services in both the capital and regions.