<![CDATA[General Background: Child guardianship is a legal mechanism for protecting children who are no longer under effective parental authority, and appointment decisions should prioritize the best interests of the child. Specific Background: Minister of Social Affairs Regulation Number 7 of 2024 introduces more detailed mechanisms for assessing prospective guardians, including social assessment, home visits, Social Work Reports, and supporting suitability requirements. Knowledge Gap: Its implementation raises unresolved questions about the legal position of these assessments in judicial proceedings, their procedural status, and their relationship with judicial independence. Aims: This normative legal study, supported by a limited socio-legal perspective, examines the regulation’s implementation and legal position in relation to legal certainty, prospective-guardian assessment, and children’s rights. Results: The framework moves guardianship from predominantly administrative screening toward substantive, child-centered assessment, provides a broader factual basis for identifying risks before appointment, and supplies more detailed technical standards. Consistent application, however, depends on institutional capacity, professional assessment availability, inter-agency coordination, and judicial interpretation. Novelty: The study links the revised assessment framework with preventive legal protection, legal certainty, and the best interests of the child while preserving the court’s evidentiary authority. Implications: Continued coordination and clear procedural guidance are needed so that implementation remains consistent without limiting judicial independence or displacing the child’s welfare as the central consideration. Highlights: Social workers, home visits, and Social Reports broaden the factual basis for evaluating prospective caretakers. Early screening can identify risks of neglect, violence, exploitation, and property mismanagement before appointment. Uniform application depends on institutional capacity, inter-agency coordination, professional resources, and consistent judicial interpretation. Keywords: Child Guardianship, Children’s Rights Protection, Legal Certainty, Best Interests of the Child, Minister of Social Affairs Regulation Number 7 of 2024.]]>
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