The Podgorica Center for Social Work should not give verbal statements to users who apply for the day care center service, but rather, if someone submits a written request for the service, it should issue a decision on it. Decisions that decide on the right to the service should also contain more comprehensive explanations in the future, with more complete data, reasons and evidence.
This is stated, among other things, in the recommendations that the Protector of Human Rights and Freedoms (Ombudsman) gave to the CSW Podgorica, after an investigation was conducted following a complaint from the parents of a child with developmental disabilities.
As stated in the opinion of the protector, they failed to exercise their right to the service, and the Social Welfare Center informed them verbally that there was no room in the Day Care Center in Podgorica, because the capacities were full.
The Protector also sent recommendations to the Day Care Center, the Ministry of Social Welfare, Family Care and Demography, headed by Damir Gutic, as well as the Capital City.
Along with space, there is also a lack of staff.
The Day Center for Children and Youth with Developmental Disabilities in Podgorica was established by the Capital City Assembly in 2015, and is licensed for 20 users, aged nine to 22.
After conducting the procedure, the Ombudsman determined that the Day Care Center does not have sufficient space and staffing capacity and that it cannot meet the needs of families and children for this type of service. This, as stated in the opinion, places potential users in an unequal position compared to those who submitted their application earlier and have been using the service without interruption for many years.
"Based on the fact that the beneficiaries of the Day Care Center are aged nine to 22, the Protector believes that it is not good for adults with disabilities and children with disabilities to reside in the same space, due to numerous differences in developmental needs, program goals and safety standards," the opinion states.
In his opinion, the Ombudsman questions the current organization of work in the institution in relation to the age structure.
It indicates that last year and this year, only two children exercised their right to the service, and that decisions were made for 14 beneficiaries to continue using their rights.
"It follows that they have been using this service for a number of years, and now the service is used by nine adult users...", the opinion states, among other things.
It is recalled that it is stipulated that the day care service is provided until 21 pm, or from 20 pm to 40 pm on a Sunday, that six users are entitled to a 20-hour service, and ten of them use the 40-hour service on a Sunday.
"It can be noted that although a certain number of users received the service for 20 hours a week, there was no increase in the number of users, so that, with careful organization, some more users could use the service for up to 20 hours a day, which, according to the Ministry, should have happened."
It is unclear how the right was achieved.
The Ombudsman adds that from what was provided to them "it cannot be concluded when the users first exercised their right to the service."
"Based on what documentation, whether there were changes in the children's psycho-physical abilities and changed circumstances during the period of using the service, and whether the solution was revised in that regard, and also whether there were cases where a user's right to the service was terminated for a specific reason."
The Ombudsman also adds that the Day Care Center's statements do not indicate whether communication and cooperation with the service provider was established before the decision was made to recognize the right to the service, and that, they believe, "would be significant, even though there is no obligation to obtain consent before making a decision on residence."
It indicates that, according to the Law, rights to social and child protection services are recognized on the basis of evidence and an individual service plan, which the center creates in cooperation with the beneficiary, his/her family members and other persons important to the beneficiary, and that the center must first conduct a careful assessment of the condition, needs, strengths and risks of the beneficiary and other persons important to the beneficiary.
"The request for the exercise of rights from social and child protection is decided in the first instance by the social work center. The Center's statement does not state whether a negative decision was made for potential beneficiaries, 13 of whom it was stated that there was no place in the day care center, for which the party would have the right to a legal remedy," the opinion states, adding that, "in accordance with the principles of good administration, the Center would be obliged to make a decision on the party's request and to adequately explain its decision."
Children and adults in the same space
Based on the data submitted to the Ombudsman, he also states that the Day Care Center has a diverse age structure of beneficiaries, that the majority have since become adults and that they continued to exercise their rights until the age of 27.
He reminds that the Law on Social and Child Protection defines youth as persons up to the age of 26, which, he adds, is not in accordance with the Law on Youth, which stipulates that youth are persons aged 15 to 30.
"Based on the fact that the beneficiaries of the Day Care Center are aged nine to 22, the Protector believes that it is not good for adults with disabilities and children with disabilities to reside in the same space, due to numerous differences in developmental needs, program goals, and safety standards," the opinion states, recalling that the Protector has previously pointed out these circumstances.
"We believe that precisely because of the accumulated problems related to the age of the beneficiaries, the founder of the institution, in cooperation with relevant institutions, should reassess for which age group such an institution may be most appropriate, in relation to the limited spatial conditions of the facility, and after conducting the assessment, possibly amend the founding act."
Recommendations
The Protector recommended that the Day Care Center, in accordance with regulations, assess the current situation of all beneficiaries, their progress and needs, and to determine their achievements in relation to the previous period and, accordingly, define further activities.
It was also recommended that, in cooperation with the Institute for Social and Child Protection, the Day Care Center undertake activities to educate employees on how to act in different situations, as well as to "consistently respect the adopted procedures."
The Podgorica CSW was recommended to review all adopted solutions in relation to the development needs of users and the real human, spatial and other capacities of the service provider.
It was also recommended to the CSW that in the future, decisions deciding on the right to a service should contain a more comprehensive explanation with more complete data, reasons and evidence, as well as to issue a decision if someone submits a written request for exercising the right to a service.
The Ministry was recommended to undertake activities to expand the day care service in the territory of the Capital City, in mutual cooperation, as well as to establish criteria by which decisions would be made on the recognition of the right to this day care service, as well as to plan the opening of other services - community services, according to needs.
The capital, as stated, should revise the decision to establish the Day Care Center, "in order to adapt it to the institution's realistic capabilities."
Since the 2023 recommendation, the problem has only gotten worse
Due to the insufficient capacity of the Podgorica Day Care Center, the Protector, it is recalled, gave an opinion with recommendations to the then Ministry of Labor and Social Welfare at the end of 2023.
"The Ministry informed the Ombudsman that certain activities were being undertaken, and that in Montenegro at that time (mid-2024) a total of 30 children were 'waiting' to exercise their right to day care services, and in Podgorica that number was three, while the largest number of potential beneficiaries waiting for the service was in the Municipality of Zeta, 15," the opinion states, adding that more than a year has passed since then, and that the number of children waiting for the service in Podgorica is "almost five times higher, and the situation has remained unchanged."
"The Ombudsman understands that this situation cannot be resolved in the short term, and that it requires time and the engagement of multiple sectors. However, he cannot help but notice that since the recommendation was made, the situation has become more complex, and a larger number of children/families are awaiting the right to the service."
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