Supervisory Order (OTS) is a measure within child protection whereby a family guardian supports the family. Parents retain their parental authority, but are obliged to follow the family guardian's guidelines.
When is an OTS imposed?
A family court judge may impose an OTS if:
- The child's development is seriously at risk
- Voluntary assistance is not effective
- Parents refuse or do not sufficiently cooperate with the necessary assistance
What does an OTS aim to achieve?
The core of the supervisory order is:
- Removing risks to the child's development
- Strengthening the parenting environment
- Providing support to parents
- Preventing more intrusive measures
Tasks of the family guardian
| Responsibility | Description |
|---|---|
| Monitoring | Observing the family situation |
| Support | Guiding parents in child-rearing |
| Instructions | Issuing written directives that must be complied with |
| Arranging assistance | Engaging relevant care and support |
| Reporting | Informing the judge about the situation |
How long does an OTS last?
An OTS applies for a maximum period of one year. Extension is possible if necessary. The measure ends at the latest when the child turns 18.
How does the procedure work?
- The Child Care and Protection Board conducts an investigation
- A request is submitted to the family court judge
- The judge speaks with the parents and the child (from age 12)
- The judge decides on the OTS
- A certified youth care institution implements the measure
What does a written instruction entail?
A family guardian may issue binding instructions, such as:
- Ensuring the child goes to school
- Participating in offered assistance
- Avoiding contact with specific persons
Can I appeal against an OTS?
Yes, you have three months to appeal to the court of appeal. During this procedure, the OTS remains in effect, unless the judge decides otherwise.Do I lose my parental authority with an OTS?
No, you retain parental authority during an OTS. However, you must follow the family guardian's instructions. Only in exceptional cases can parental authority be withdrawn.What is the average duration of an OTS?
This varies per case. Some OTS measures end after one year, others last longer. The aim is always to keep the measure as short as possible and enable the family to achieve independence.Frequently asked questions about OTS in Westland
What if I disagree with the OTS?
You can appeal to the court of appeal within three months. During this process, the OTS remains in force, unless decided otherwise. It is advisable to engage a lawyer specialised in youth law. In addition, you can cooperate with the family guardian to terminate the OTS earlier.
Can I influence the choice of family guardian?
No, the family guardian is assigned by a certified institution. You can indicate your preferences, for example regarding the guardian's background. If there are problems in the cooperation, you can discuss this with the institution or the Child Care and Protection Board.
What are the consequences if I ignore the instructions?
Failure to follow instructions may lead to out-of-home placement of your child or withdrawal of parental authority. The family guardian reports to the judge, who may impose stricter measures. Open communication about difficulties is essential.
Does my child stay at home during an OTS?
Yes, in most cases the child stays at home. Only in cases of acute risks may the judge decide on temporary out-of-home placement. The family guardian works with you to create a safe home situation.
How often do I have contact with the family guardian?
This depends on your situation. Usually there is at least monthly contact, but more frequently in urgent cases. The family guardian draws up a plan with you with clear agreements on frequency.
Is my child involved in the procedure?
Yes, children from age 12 are heard by the judge. Their opinion is taken into account in the decision on the OTS.
Contact and support in Westland
For legal questions about OTS, you can go to the Juridisch Loket Westland. Cases are handled by the District Court of The Hague (district).