Act No. 109 / 2002 Coll.

Act on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and amending other laws

Valid Law Effective from 01.07.2002
109
THE LAW
of 5 February 2002
on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and amending other laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

PERFORMANCE OF CONSTRUCTION OR PROTECTIVE EDUCATION IN SCHOOL ESTABLISHMENTS AND PREVENTIVELY EAST IN SCHOOL ESTABLISHMENTS

HLAVA I

INTRODUCTORY PROVISIONS
§ 1
Purpose and scope of educational establishments for the performance of constitutional education or protection and for preventive education
(1) In educational establishments for the exercise of constitutional education or protection education (hereinafter referred to as "establishments') and in educational establishments for preventive education, which provide education centres (hereinafter referred to as" the Centre '), the basic right of any child to education and education must be ensured, following the constitutional principles and international human rights and fundamental freedoms treaties which bind the Czech Republic, creating conditions to promote the confidence of the child, developing the emotional aspect of his personality and enabling the child to participate actively in society. The child must be treated in the interests of the full and harmonious development of his personality, taking into account the needs of a person his age.
(2) The purpose of the establishment is to provide minors (1) between the ages of 4 and 18 and, where appropriate, to an adult under 19 years (hereinafter referred to as "the child"), on the basis of a decision by the court on constitutional education or protection education or on a provisional measure of supplementary education in the interests of its sound development, sound education and education. The facilities shall cooperate with the child's family and assist it in ensuring matters relating to the child, including family therapy and training of parental and other skills necessary for family education and care. The facilities provide support for the transition of the child to its original family environment or transfer it to alternative family care.
(3) The purpose of the centres shall be to provide preventive educational care, in particular to prevent the development and development of negative behavioural signs or disturbances of the child's healthy development, to mitigate or eliminate the causes or consequences of behavioural disturbances that have already occurred and to contribute to the healthy personal development of the child. The centres shall provide assistance to parents or other persons who have been entrusted with the child in education by a decision of the competent authority (hereinafter referred to as "persons responsible for education ') in the education and training of the child and in the resolution of problems related to the care of the child, with a view to maintaining and strengthening the family ties of the child and avoiding the separation of the child from its family environment.
(4) The facilities and centres cooperate with the social protection bodies in accordance with the individual plan for the protection of children.

HLAVA II

EQUIPMENT
§ 2
(1) The arrangements are:
(a) a diagnostic institute;
(b) a children's home;
(c) a children's home with a school;
(d) educational institution.
(2) The establishments provide care otherwise provided by the persons responsible for the education of children with an ordered constitutional education or imposed protective education. The establishment also provides special educational and psychological services in an outpatient form, to a child residing outside the establishment under § 23 (1) (a) to (c).
(3) The establishments shall also provide the care referred to in paragraph 2 to children for whom interim measures have been mandated.2)
(4) The facilities also provide care for children who are not citizens of the Czech Republic and fulfil the conditions laid down in the Child Protection Act (3). Where such children cannot, in particular, be placed in other establishments for linguistic reasons, care shall be taken by a contributory organisation set up by the Ministry of Education, Youth and Sports (hereinafter referred to as "the Ministry '), which may carry out the activities of all the establishments referred to in paragraph 1; separate departments may be established for such children within the various establishments referred to in paragraph 1.
(5) The establishment in which the child is placed has the right to choose a doctor or another professional or health service provider.
(6) The establishment may, upon request, provide full direct arrangements for an adult who is not employed after the performance of the constitutional education and protection education, preparing for a future occupation but no later than 26 years) (hereinafter referred to as the "non-insured person '), under a contract concluded between the non-insured person and the establishment no later than 1 year after the end of the constitutional education or protection education.
(7) The children referred to in paragraphs 2, 3, 4 and the dependants shall be provided with full direct arrangements,
(a) catering, accommodation and dressing,
(b) teaching supplies and aids;
(c) reimbursement of the necessarily necessary training costs;
(d) reimbursement of the costs of health services, medicines and medical devices not covered by health insurance, unless the health services have been requested by legal representatives of the child;
(e) allowance, personal gifts and assistance in kind when leaving the establishment;
(f) reimbursement of transport costs to the school head office.
(8) At the time when the stay in the establishment is interrupted in accordance with § 23 (1) (a) or the child is placed on a temporary basis outside the establishment, the child shall be provided with full direct care by the person in whom the child resides.
(9) The children referred to in paragraphs 2, 3, 4 and dependants may be further covered by:
(a) needs for leisure and recreation;
(b) the cost of cultural, artistic, sports and leisure activities;
(c) costs of competitions, recreation,
(d) transport costs to persons responsible for education.
(10) In the context of childcare, they are provided with specific educational and educational needs, in a graduated scale for children.
(a) a separate age of appropriate age;
(b) a separate, occasional check;
(c) requiring occasional guidance and constant control;
(d) non-independent requiring permanent management and control;
(e) requiring continuous intensive individual care.
(11) The child's assessment referred to in paragraph 10 shall be carried out in cooperation with a professional (Paragraph 8 (2)) at least once in a calendar year.
(12) Children with mental, physical, sensory disabilities, speech defects, or, where appropriate, several defects in which constitutional education has been ordered, protective education or interim measures are also placed in the establishment, provided that the degree of disability does not correspond to their placement in the facilities of the social services 5) or in a specialised medical institution. For these children, the establishment shall ensure appropriate conditions by adjusting the daily arrangements and equipment of the establishment, the adequacy of which shall be assessed by the appropriate provider of medical services in the field of practical medicine for children and adolescents with which the establishment has concluded a contract for the provision of medical services (hereinafter referred to as "the registered doctor '). In addition, they shall provide an appropriate educational, therapeutic and social rehabilitation programme or ensure their weekly stay in a school's boarding school according to their type of disability and through the relevant health service provider as well as specialised care.
(13) In establishments and centres, the conditions for the participation of children in religious education, religious ceremonies and, where appropriate, observance of religious practices are established, according to the interests of the child and in the light of previous family education and the mental capacity of the child.
(14) The detailed arrangements for the organisation of educational activities and care in establishments and centres and for the application of the rights and obligations laid down by this law to children or persons responsible for education, establishments and centres shall be laid down in the internal rules.
(15) The Diagnostic Institute shall provide children's homes, school-based children's homes and educational institutes located in its territory, at its request, with the necessary data from the documentation provided in accordance with Article 34 (1) (e), (f) and (g).
§ 3
(1) For children with serious behavioural disorders who cannot, for these reasons, perform compulsory schooling at another school, the establishment body shall establish a school with appropriate training programmes as part of an establishment.
(2) For children who, on completion of compulsory education for serious behavioural disturbances, cannot be assigned to another secondary education school, the establishment manager may set up a secondary education school as part of the establishment. For children who have not achieved primary education or basic education, the establishment shall provide education according to the relevant training programme.
(3) For the purposes of the certificate, schools established pursuant to paragraphs 1 and 2 shall use forms and stamps indicating the name and address of the school without the name of the establishment.
§ 4
(1) The basic organisational unit for working with children in the establishment is a educational group or family group.
(2) The educational group is a basic organisational unit in the diagnostic and educational institute. They make her
(a) in a diagnostic institution of at least 4 and up to 8 children;
(b) at least 5 children and a maximum of 8 children.
(3) In a single building, a maximum of 6 educational groups can be set up. Children are included in educational groups with regard to their educational, educational and health needs.
(4) The family group is a basic organizational unit in the children's home and in the children's home with the school. They make her
(a) in a children's home of at least 6 or more than 8 children,
(b) in a children's home with a school of at least 5 or more than 8 children;
usually of different age and gender. The siblings shall be classified in one family group; they may exceptionally be included in different family groups, particularly for educational reasons.
(5) At least 2 family groups may be set up in a children's home. In a children's home, a maximum of 6 family groups can be set up in one building or in several buildings on one site. In a children's home with a school, at least 2 and a maximum of 6 family groups can be set up in one building or in several buildings in one area. Children are included in family groups with regard to their educational, educational and health needs.
(6) The establishment manager may, where justified, determine a lower number of children in the basic organisational units referred to in paragraphs 2 and 4, provided that he pays for the increased expenditure on the operation of the establishment.
Diagnostic Institute
§ 5
(1) The Diagnostic Institute adopts children with an order for interim measures, an order for constitutional education or imposed protective education; children with imposed protective education also, based on the results of a comprehensive examination, the health status of children and the spare capacity of individual facilities, are placed in children's homes with school or educational institutions.
(2) The Diagnostic Institute performs tasks according to the needs of the child
(a) diagnostic, consisting of examination of the level of the child in the form of educational and psychological activities;
(b) training to identify the level of knowledge and skills achieved, identify and implement specific training needs in order to develop the child's personality appropriately at his or her age, individual assumptions and possibilities;
(c) therapeutic, through pedagogical and psychological activities, aimed at correcting disorders in social relations and in the behaviour of the child;
(d) education and social, relating to the child's personality, family situation and the necessary social and legal protection of children; mediates the child's medical examination as necessary;
(e) organisational, related to the placing of children in an establishment in the territorial district of a diagnostic institute defined by the Ministry and, where appropriate, outside the territorial district; cooperate with the Child Welfare Body in preparing its proposal for an interim measure to be implemented in a diagnostic institution or in another institution and in preparing observations for the Court on the designation of the establishment for the performance of the constitutional education in which the child with an ordered constitutional education is to be placed,
(f) coordination to deepen and unify the professional practices of other facilities within the territory of the diagnostic institute, to verify their effectiveness and to unify synergies with the authorities and other persons concerned with child care.
(3) The Diagnostic Institute, on the basis of the results of diagnostic, educational, therapeutic, educational and social activities which are part of a comprehensive examination, shall draw up a comprehensive diagnostic report proposing specific educational and educational needs in accordance with Article 2 (10), established in the interest of the development of personality (hereinafter referred to as the "personality development programme").
(4) The Diagnostic Institute communicates in writing to the competent authorities of the social and legal protection of children7) on the basis of a comprehensive report or on the basis of the knowledge of the institution, data on children suitable for adoption or for entrustment to foster care.
(5) When a child is admitted to a diagnostic institution, the institution of the social legal protection of children or the person responsible for bringing up a final decision or preliminary measure of the court, a personal certificate, a birth certificate, a passport or, in the case of foreigners, a passport, as well as the last school certificate or extract from the catalogue indicating the year of school attendance. In addition, the medical insurance card, the vaccination licence and medical assessment of the medical fitness to place the child in a diagnostic institution not older than 3 days and the doctor's written statement on the current health status of the child. If, for serious reasons, it is not possible to submit some of the above documents on the basis of a preliminary measure, with the exception of a decision on interim measures and a written statement by the doctor on the current state of health of the child, the social protection of children shall be provided by the institution without undue delay. When placing a child in a children's home or in a children's home with a school without its previous residence in a diagnostic institution, the documentation for the child shall be transmitted directly to the appropriate establishment according to the first and second sentences.
(6) A child is normally placed in a diagnostic institution for a period not exceeding 8 weeks.
(7) In a children's home with a school and a educational institution, a child with a stored protective education can only be placed in the diagnostic institution in whose territory the establishment is located. A child may be placed in one of the above facilities in the territorial district of another diagnostic institution, with the appropriate diagnostic institute and the social protection body of the children who register the child, subject to prior agreement of the diagnostic institution in whose care the child is located. If no agreement is reached, the Ministry shall decide on the placing of the child in the appropriate establishment on the basis of a proposal from the diagnostic institute in whose care the child is held and taking into account the observations of the social protection body of the children who register the child.
(8) If a child who has been placed in a children's home or at a children's home with a school without his previous residence in a diagnostic institution shows up to a further need for a comprehensive examination, such examination shall be carried out at the establishment in which the child was placed by the diagnostic institute in whose district the device is situated.
(9) Only a diagnostic institute or a reasoned written request from the institution in which the child is placed, or from legal representatives of the child, or from a child, or from a child, or from a social legal protection body, may move a child to another foster home with a school or educational institution. Where a transfer is taking place outside the territory of a diagnostic institute, the procedure laid down in paragraph 7 shall be followed.
(10) The Diagnostic Institute shall notify the adoption, placement or transfer of the child within the 3 working days of the court which has decided on the child, the social protection body responsible for the child's permanent residence and the person responsible for the education, unless it is provided with a decision to place or transfer the child.
(11) The Diagnostic Institute shall transmit a comprehensive diagnostic report with the child placed or moved to the establishment with a personality development programme, final decision of the court, school documentation including the latest report and draft classification for the duration of the stay in the diagnostic institute, the child's personal effects and other documentation referred to in paragraph 5. The proposal for a programme for the development of the child's personality processes facilities in cooperation with a specialist of the diagnostic institute pursuant to § 8 (2).
(12) When placing a child with imposed protective custody, care shall be taken to ensure that the child is placed as close as possible to the residence of the persons responsible for education or legal representatives, provided that this does not jeopardise the child's moral development.
§ 6
(1) The Diagnostic Institute shall, for the period strictly necessary, provide for the care of children with an ordered constitutional education or imposed protective custody detained on the run from other establishments or, where appropriate, from the place of residence or transitional accommodation referred to in Article 23 (1) (a) and (c) or from a place of conditional location outside the establishment.
(2) The Diagnostic Institute shall immediately notify the receipt of the child to the competent establishment referred to in paragraph 1 which shall take over the child within 2 days of notification.
§ 8
(1) The Diagnostic Institute shall keep records of children located in establishments in its territory and shall keep records of vacancies in establishments in its territory.
(2) The Diagnostic Institute shall ensure, as appropriate, at least twice in a calendar year, the activities of an expert at the diagnostic institute in its territorial area for the purpose of methodological guidance, coordination and verification of the effectiveness of the procedure and of the results of educational care.
(3) The Diagnostic Institute draws up for the Ministry proposals for the necessary changes for facilities located in its territorial district and draws the attention of the Ministry to situations requiring intervention by the founder.
§ 9
(1) At least 3 educational groups are established in the diagnostic institute for the purpose of a comprehensive examination of children.
(2) With the approval of the Ministry, educational groups may be set up in the diagnostic institute for the purpose of childcare, which must ensure the completion of studies, the provision of psychological or specially educational services, or other circumstances for which it is not appropriate to transfer children.
(3) The Ministry may, at the request of the Director of the Diagnostic Institute, grant an exemption from the provisions of paragraph 1 where justified.
§ 10
(1) Diagnostic institutes or educational groups of diagnostic institutes may be broken down by sex or age of the child.
(2) In a diagnostic institution which is not broken down by the sex of the child, neither the training group nor the group established in accordance with § 4 (2) should normally be divided.
(3) If the establishments are divided by the age of the child, the child may be placed or moved to the establishment as early as 3 months before the age concerned.
§ 11
(1) For children who have completed compulsory education, diagnostic classes shall be established as part of the diagnostic institute in which children are trained for their future occupation.
(2) School and diagnostic classes are completed in 8 children.
(3) Exemptions from paragraph 2 may be granted by the Ministry.
Children's home and children's home with school
§ 12
Children's home
(1) Children's home takes care of children according to their individual needs. In particular, in relation to children, they shall perform educational, educational and social tasks.
(2) The purpose of a foster home is to provide care for children with an ordered constitutional education who do not have serious behavioural disturbances. These children are educated in schools that are not part of a children's home. The care provided by children's homes takes place in a way that is as similar as normal family life as possible. As far as possible, care provided by children's homes takes place in separate family groups in apartments in residential houses or in family houses in normal housing. The emphasis is placed on the highest possible integration of children into society.
(3) Children aged 4 to 18 years may be placed in a children's home. In addition, underage mothers and their children shall not be placed in a foster home under the first sentence.
§ 13
Children's home with school
(1) The purpose of a children's home with a school is to provide care for children
(a) with an order for constitutional education;
1. if they have serious behavioural disturbances; or
2. requiring educational care for their temporary or permanent mental illness; or
(b) with the protective education imposed;
(c) if they are minor mothers and fulfil the conditions laid down in (a) or (b) and their children;
which cannot be educated in a school which is not part of a children's home with a school.
(2) Children's homes with a school may be set up separately for children as referred to in paragraph 1 or family groups shall be set up separately for children as referred to in paragraph 1.
(3) Exemptions from paragraph 2 may be granted by the Ministry.
(4) Children from the age of 6 to the end of compulsory education may be placed in a children's home.
(5) If, during compulsory education, the reasons for the inclusion of the child in a school set up at a children's home have ceased to exist, the child shall, at the request of the Director of the Children's Home with the school, be placed in a school which is not part of the School Home with the school.
(6) If, after completion of compulsory education for continuing serious behavioural disturbances, the child cannot educate in a secondary school outside of an establishment or if he does not have an employment relationship, he is transferred to an educational institution.
Education Institute
§ 14
(1) The educational institution takes care of children over 15 years of age with serious behavioural disorders, where constitutional education or protective education has been ordered. In particular, in relation to children, they shall perform educational, educational and social tasks.
(2) Education institutes are set up separately for children
(a) with an order for constitutional education;
(b) with the protective education imposed;
(c) which are minor mothers and for their children; or
(d) requiring educational care;
where appropriate, separate educational groups shall be set up in the educational institution for these children.
(3) A child older than 12 years of age may also be placed in a foster home, provided that he has a protective education, and there are such serious disturbances in his behaviour that he cannot be placed in a children's home with the school. Exceptionally, in cases of particularly serious behavioural disturbances, a child with an ordered constitutional education over 12 years of age can be placed in a breeding institution.
(4) Exemptions from the provisions of paragraph 2 may be granted by the Ministry.
Common provisions for installations
§ 15
(1) Special construction technical means are used to prevent the escape of such children in establishments where children with stored protective education are located. Furthermore, in order to ensure the safety of children, employed persons and entrusted property, audiovisual systems may be used in such establishments, following a decision by the Director of the Facility.
(2) Audiovisual systems can be used
(a) for checking the surrounding area of a building or several buildings on one enclosed plot;
(b) to check the interior of an installation where children do not have access;
(c) for the inspection of corridors, rooms intended for staff and separate rooms.
(3) Plans for the use of audiovisual technology, including the deployment of monitoring points in installations, as well as plans for the deployment of special construction equipment in installations and their individual species, are approved by the Ministry.
(4) The location and use of audiovisual equipment shall be informed in advance by the Director of the installation of all children present in the installation and all staff of the installation.

HLAVA III

CENTRAL
§ 16
(1) The Centre shall provide services to clients:
(a) children at risk of behavioural disturbances or with already developed behavioural and negative phenomena in social development or, where appropriate, elderly persons until the end of their preparation for the future occupation, but no longer than the age of 26;
(b) persons responsible for education and teaching staff;
(c) children for whom the court has decided to join the Centre.
or an educational measure under specific legislation. 20)
(2) The Centre shall provide the following services:
(a) advisory services, consisting of consulting and providing expert information and assistance to clients, child protection bodies, other bodies and organisations involved in the work of the child and family, in particular schools and educational establishments;
(b) therapeutic, in order to accelerate the integration of the original family;
(c) diagnostic, consisting of testing the level of the client referred to in paragraph 1 (a) and (c) in the form of educational and psychological activities on the basis of which it makes recommendations to schools and educational establishments;
(d) training to determine the level of knowledge and skills achieved, specific training needs shall be assessed in order to develop the client's personality referred to in paragraph 1 (a) and (c) appropriately in his age, individual assumptions and possibilities;
(e) specifically pedagogical and psychological to correct social and behavioural disorders and to integrate the client's personality referred to in paragraph 1 (a) and (c) and the family;
(f) educational and social, relating to the personality of the client referred to in paragraph 1 (a) and (c), to his family situation and to the necessary social and legal protection of children,
(g) information, consisting of facilitating contacts with the client with other authorities and bodies involved in the implementation of social protection measures, or in order to provide other advisory or therapeutic services in the interests of the client.
(3) The Centre shall provide the services referred to in paragraph 2 in the form of:
(a) outpatient;
(b) all day,
(c) boarding school, for a maximum period of 8 weeks; or
d) off-road, especially in the family or school environment of the client.
(4) The Centre shall cooperate with pedagogical and psychological advisors, in the case of the clients referred to in paragraph 1 (a) and (c) with the disabled and in particular with the pedagogical centres, and in the case of the clients referred to in paragraph 1 (a) and (c) with already developed behavioural disorders with the social protection bodies of children and bodies involved in the prevention of social pathologies and drug addiction.
(5) The form and stamp used by the Centre shall indicate only the name of the Centre instead of the name of the legal person carrying on its activities.
§ 17
(1) A service of the Centre may be requested if:
(a) outpatient service, the client referred to in § 16 (1) (a) and (c) above 15 years of age, the client referred to in § 16 (1) (b) or the relevant school or school establishment;
(b) a full-time or boarding service, a legal representative of a client referred to in Article 16 (1) (a) and (c) or an adult client referred to in Article 16 (1) (a);
(c) field service in an environment shared by a minor client referred to in Article 16 (1) (a) and (c) with the person responsible for his / her education; in another environment, the person responsible for education, the client referred to in Article 16 (1) (a) and (c) above 15 years of age or the appropriate school or educational establishment, unless it is affected by the rights of persons sharing that environment with the client;
the right of the client referred to in Article 16 (1) (a) and (c) to seek assistance in the protection of his or her life and other rights under the Child Protection Act (7) is not affected.
(2) The services are provided only after the informed consent of the applicant has been given in writing with its content, methods and methods of implementation, expected results and risks of both providing and non-providing. Information shall also be provided to a non-applicant client.
(3) The client referred to in Article 16 (1) (a) shall be provided full-time or boarding services following a recommendation based on the results of outpatient services, not more than twice in one year. The request for full-day or boarding services shall be addressed to the Centre within 14 days of receipt of the request.
(4) Clients to whom full-time or boarding services are provided are included in educational groups. A maximum of three educational groups may be set up in one building at the Centre; a higher number of educational groups at the Centre may be set by the Centre's founder where justified. The education group may have at least 6 and a maximum of 8 clients, taking into account their educational, educational or health needs.
(5) Together with the full-day or boarding services with the clients referred to in Article 16 (1) (a) and (c), it provides catering and accommodation in return for payment under a contract between the Centre and the legal representative of the client or an adult client. The amount of the payment shall be equal to the amount of the catering costs determined under the special legislation and the amount of the accommodation costs determined by the body. The payment must be made before the client is admitted to the Centre, unless otherwise assessed by the parties.
(6) The services of the Centre by decision of the Court on the classification of a client referred to in Article 16 (1) (c) shall be provided with derogations:
(a) the Centre shall receive the client in the educational care without any request referred to in paragraph 1 or the consent referred to in paragraph 2;
(b) the form of services shall be determined by the court;
(c) the Centre shall take care of the client even if the costs referred to in paragraph 5 are not paid before the client is taken care of.

HLAVA IV

WORKERS IN EQUIPMENT OR CENTER
§ 18
(1) Pedagogical works8) institutions or centres educate and educate children and clients in accordance with the objectives of education and training laid down by this law and other legislation.
(2) A pedagogical worker of an establishment or centre providing boarding services may only be the one who, in addition to the assumptions laid down by the Education Labour Act (8a), fulfils the presumption of mental fitness.
(3) Psychological examination is carried out. Psychological competence shall be demonstrated:
(a) before having an employment relationship with an establishment or centre;
(b) in the course of an employment relationship where there is reasonable doubt as to whether a teaching staff member fulfils the condition of mental fitness, in particular where there is a suspicion of physical or psychological violence against children; in that case, the director of the establishment or centre shall order the teaching staff member to undergo a psychological examination and shall set a reasonable time limit.
(4) The psychological assessment is part of the personal file of the pedagogical worker8b).
(5) The psychological assessment shall include the following information:
(a) the name and, where appropriate, the names, surnames, academic title and date of birth of the teaching staff member;
(b) the conclusion of a psychological examination showing whether or not a pedagogical worker is mentally competent to pursue the activities of a pedagogical worker of an establishment or centre;
(c) the name and, where appropriate, the name, surname and academic title of the investigating psychologist, his own signature and stamp, accreditation number;

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Regulation Information

CitationAct No. 109 / 2002 Coll., on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and amending other laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation29.03.2002
Effective from01.07.2002
Effective until-
Status Valid
The regulation text is for informational purposes only.
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