Family Guardian Instructions in Utrecht
The family guardian instructions are binding directives issued by a family guardian to parents during a supervisory order (OTS) in Utrecht. They serve to protect the safe development of the child and must be strictly complied with. Non-compliance may result in sanctions, such as extension of the OTS or out-of-home placement via the District Court Midden-Nederland.
Why Family Guardian Instructions in Utrecht?
During an OTS, the juvenile court judge at District Court Midden-Nederland, Vrouwe Justitiaplein 1 in Utrecht, appoints a family guardian through an accredited institution such as Leger des Heils or William Schriber. The guardian supports the family with instructions targeted at issues such as parenting problems, addictions, or domestic violence. These are mandatory and linked to the care plan.
In Utrecht, the instructions are tailored to local situations, based on the Youth Act, and are regularly reviewed during hearings at the District Court Midden-Nederland.
Legal Basis of Family Guardian Instructions
The foundation is the Youth Act:
- Article 1.3, paragraph 3: Tasks of the accredited institution, including instructions.
- Article 4.1: Care plan with specific actions.
- Article 4.4: Parents must reasonably execute instructions; otherwise, the court intervenes.
- Article 1.5: Juvenile court judge monitors and adjusts.
When and How Instructions in Utrecht?
Instructions commence immediately after the OTS ruling, often during the first home visit. They are recorded in writing in the care plan, which parents sign. Examples:
- Attend parent training via Utrecht 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 family guardian monitors compliance through visits, discussions, and reports to the District Court Midden-Nederland. Adjustments are possible in changed circumstances.
Rights and Obligations Regarding Family Guardian Instructions
Obligations of parents:
- Comply with instructions (art. 4.4 Youth Act).
- Cooperate with the guardian.
- Share family information.
- Approve care plan or object to the court.
- Maintain privacy (except in child risk cases).
- Request review.
- File complaint with institution or Children's Ombudsman; in Utrecht also via Legal Aid Office Utrecht, Catharijnesingel 55.
Non-compliance leads to a written application to the court for measures such as behavioural intervention or out-of-home placement.
Practical Examples Utrecht
Example 1: Mother with alcohol problem: 'Weekly urine tests and AA participation.' After non-compliance: hearing at District Court Midden-Nederland with OTS extension and therapy.
Example 2: Father misses child's school: 'Daily school report and consultation with mentor.' Upon success: termination after six months.
Example 3: Domestic violence: 'No unaccompanied contact with perpetrator.' Leads to crisis placement.
These cases illustrate the child-centered approach in Utrecht.
Comparison: Instructions vs. Voluntary Assistance
| Aspect | Family Guardian Instructions (OTS) | Voluntary Youth Assistance |
|---|---|---|
| Binding? | Yes | No |
| Sanctions | Court | None |
| Duration | Max. 1 year, extendable | Variable |
| Review | Juvenile Court Utrecht | Internal |
Frequently Asked Questions
Can I refuse instructions?
No, reasonable compliance is mandatory. Refusal: court via guardian. Discuss objections first. Assistance via Legal Aid Office Utrecht.
Unreasonable instruction?
Written objection to guardian, submit to juvenile court judge at District Court Midden-Nederland. Court assesses necessity and reasonableness.