What is Act No. 134 / 2006 Coll.?

Act No. 134 / 2006 Coll., amending Act No. 359 / 1999 Coll., on Social Protection for Children, as amended, Act No. 94 / 1963 Coll., on Family, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 117 / 1995 Coll., on State Social Support, as amended, and Act No. 200 / 1990 Coll., on Infringements, as amended — Act amending Act No 359 / 1999 Coll., on Social Protection for Children, as amended, Act No 94 / 1963 Coll., on Family, as amended, Act No 99 / 1963 Coll., Civil Code, as amended, Act No 117 / 1995 Coll., on State Social Support, as amended, and Act No 200 / 1990 Coll., on Infringements, as amended.

When it became Act No. 134 / 2006 Coll. effectiveness?

Act No. 134 / 2006 Coll. became effective 01.06.2006.

Is Act No. 134 / 2006 Coll. still valid?

Yes, Act No. 134 / 2006 Coll. is still valid and effective.

Act No. 134 / 2006 Coll. - Act amending Act No 359 / 1999 Coll., on...

134

THE LAW

of 14 March 2006

amending Act No 359 / 1999 Coll., on the Social Protection of Children, as amended, Act No 94 / 1963 Coll., on Family, as amended, Act No 99 / 1963 Coll., Civil Code, as amended, Act No 117 / 1995 Coll., on State Social Support, as amended, and Act No 200 / 1990 Coll., on Infringements, as amended

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Act on Social Protection for Children

Čl. I

Act No. 359 / 1999 Coll., on Social Protection of Children, as amended by Act No. 257 / 2000 Coll., Act No. 272 / 2001 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 518 / 2002 Coll., Act No. 222 / 2003 Coll., Act No. 52 / 2004 Coll., Act No. 315 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 57 / 2005 Coll. and Act No. 381 / 2005 Coll., is amended as follows:

1. in Paragraph 2 (2) (c):

"(c) has submitted an application for asylum in the Czech Republic,"

2. in Article 6 (1), the following points (f) to (h) are added:

"(f) which, at the request of the parents or other persons responsible for raising the child, are repeatedly placed in establishments providing continuous care for the children or their placement in such establishments for more than 6 months;

(g) which are threatened by violence between parents or other persons responsible for raising the child, or by violence among other natural persons;

(h) which are asylum seekers separated from their parents or other persons responsible for their education; ';

3. In Article 7 (2), "to (e) 'is replaced by" to (h)';

4. In Article 8, at the end of paragraph 2, the sentence "In its activities, the social protection body shall take into account the wishes and feelings of the child, taking into account its age and development, so as not to jeopardise or undermine its emotional and psychological development. '

5. In Article 8, the following paragraph 3 is added:

"(3) A child who is able to assess the scope and relevance of a decision resulting from a judicial or administrative procedure involving him or her or, if there is any other decision relating to his or her person, shall receive from the Social Protection Authority information on all relevant matters relating to him or her. ';

6. In Paragraph 10, the sentence "When carrying out obligations under the first and second sentences, the obligation to remain silent under the special legislation (9a) shall be added at the end of paragraph 4. '

Footnote 9a:

"9a) For example § 55 paragraph 2 of Act No. 20 / 1966 Coll., as amended by Act No. 548 / 1991 Coll. and Act No. 123 / 2000 Coll. '.

Footnote 9a to date is renumbered footnote 9b, including footnote references.

7. Paragraph 10 (5) reads as follows:

"(5) A medical institution shall be obliged to ensure the recording of the accident when treating a child's injury in the event of suspected child abuse, child abuse or neglect of care. An accident alert (hereinafter referred to as an alert) shall be made by the person accompanying the child, or by the child himself, if it has been made available for the treatment of an accident unaccompanied by another person and if it is possible with regard to his age and reasonable maturity. In the alert, the person accompanying the child shall indicate how the accident occurred; The same obligation shall apply to the child when the alert is completed by that child. If the health care institution finds that the nature of the injury does not correspond to a description of the accident reported by the accompanying person or, where appropriate, by the child, it shall state that fact on the record. In the event that the accompanying person or, where appropriate, the child refuses to carry out the alert, the health establishment shall indicate this fact in the alert. ';

8. In Article 10, paragraphs 6 and 7 are added:

"(6) The record must be sent to the municipal authority of the municipality with extended scope.

(7) Compliance with the obligations referred to in paragraphs 5 and 6 shall be without prejudice to the notification obligation of the medical establishment under specific legislation. In carrying out the duties referred to in paragraphs 5 and 6, the last sentence of paragraph 4 shall apply mutatis mutandis. ';

9. The following Section 10a is inserted after Section 10:

„§ 10a

(1) The health care facility shall immediately notify the municipality of the enlarged place of responsibility that the mother has left the child after the birth and left them in the hospital.

(2) Any person who, with the consent of the parent or other person responsible for raising the child and without a decision of the competent authority, takes custody of the child with the intention of bringing the child into his permanent care shall immediately notify the municipality of the municipality of an extended capacity.

(3) In carrying out the duties referred to in paragraphs 1 and 2, the last sentence of Article 10 (4) shall apply mutatis mutandis. ';

10. in Article 11 (1) (d):

"(d) provide advice to persons suitable for becoming an adopter or foster parent in connection with the adoption of a child or the assignment of a child to foster care, in particular on matters relating to the upbringing of a child."

11. In Paragraph 11, the following paragraphs 2 and 3 are inserted after paragraph 1:

"(2) The Regional Office shall:

(a) the preparation of natural persons who are fit to become adopters or foster parents for the admission of a child to the family and provide them with advisory assistance related to the adoption of a child or the assignment of a child to foster care, including special training for the adoption of a child by a foster child for a transitional period;

(b) advice to adopters or foster parents on the adoption of a child or the conferral of a child into foster care, in particular on matters of education.

(3) The Regional Office may also provide for the preparation and advisory assistance referred to in paragraph 2 in cases of detention where the guardian is personally caring for the child, or in cases where the child is entrusted to education under Section 45 of the Family Act. '.

Paragraphs 2 and 3 shall be renumbered paragraphs 4 and 5.

12.

„§ 12

(1) The municipal authority of the municipality with extended competence may require parents to use the assistance of a professional advisory establishment where parents:

(a) have not provided the child with professional advice, although the child needs such assistance and the municipality has previously recommended such assistance with extended scope;

(b) are unable to address problems related to the raising of a child without professional advice, in particular in disputes concerning the adjustment of the child's education or the adjustment of contact with the child.

(2) The municipal authority of the municipality with extended competence is obliged to provide assistance to parents after the child has been placed in an establishment for the performance of constitutional education (§ 28), or to a facility for children requiring immediate assistance (§ 42), consisting in in particular of helping to organise family conditions which would enable the child to return to the family, in order to deal with the living and social situation, including the material level of the family, in cooperation with social security authorities, labour authorities and other state and other authorities, and to this end also provides parents with assistance of advisory facilities.

(3) The municipal authority of the municipality with extended competence may impose the obligations referred to in paragraph 1 and provide assistance under paragraph 2 to other persons responsible for raising the child. ';

13. in Paragraph 14 (1), the dot is replaced by a comma at the end of point (d) and the following point (e) is added:

"(e) to entrust the child to the care of a child requiring immediate assistance, to extend the duration of such entrust and to revoke the decision to entrust the child to that institution.";

14. In Section 14, the following paragraph 4 is added:

"(4) The municipal authority of the municipality, with extended jurisdiction, provides for the cooperation of the court in the enforcement of decisions on the education of minors under special legislation 12a).

12a) § 272 to 273a of the Civil Code, as amended. '

15. The following Section 16a is inserted after Section 16, including footnote 13a:

„§ 16a

(1) The municipal authority of the municipality with extended competence shall assess whether it is necessary to take measures to protect the child if, with the consent of the parent or other person responsible for raising the child without a decision of the competent authority, the child is submitted to the care of a person who intends to receive the child in permanent or long-term care. The municipal authority of the municipality with extended competence shall take such measures in particular where the person who has taken over the child into custody does not, without undue delay, submit to the competent authority a proposal to adopt the child, to entrust the child to foster care or to a natural person who is interested in becoming a foster parent, to entrust the child to the upbringing of a natural person other than the parent or to any other legal regulation of his relationship with the child under the special legislation 13a).

(2) The municipal authority of the municipality with extended competence shall assist the person to whom the child has been transferred to the care referred to in the first sentence of paragraph 1 in resolving problems related to the care of the child, in submitting proposals to the competent authorities for adjusting the legal relationship of that person to the child and in applying claims, in particular in the social field.

13a) § 45 to 45d, § 63 to 82 of the Family Act, as amended. '

16. In Article 19, at the end of paragraph 1, the sentence "The municipal authority of the municipality with extended competence is entitled to decide on the custody of a child in the care of a future adopter or in the care of a future foster parent, not the case referred to in Article 20 (3), only to the applicant mentioned in the notification of the Regional Office or Ministry pursuant to Article 24 (3) or Article 24a (4)."

17. in Paragraph 19 (4), the words "competent to provide the contribution" shall be replaced by the words "providing the contribution."

18. In Part Two, under the heading of Title IV, the following Section 19a is inserted:

„§ 19a

(1) Achieving and foster care consists of:

(a) in the search for children referred to in Article 2 (2) fit for adoption or for custody;

(b) in the search for natural persons who are fit to become adopters or foster parents;

(c) in the training of natural persons fit to become an adopter or foster parents for the admission of a child to the family;

(d) in the selection of a natural person, appropriate to become an adopter or foster parent of a particular child to whom adoption or foster care is provided, and to ensure that the child is personally acquainted with that person.

(2) The provision of the adoption and foster care referred to in paragraph 1 (d) may not be carried out by bodies, legal or natural persons other than those referred to in Article 4 (1). "

19. Under the heading of Section 20, the title is inserted: "Intermediate adoption and foster care by social protection bodies'.

20. Paragraph 20 (1) reads:

"(1) The adoption or foster care in the Czech Republic and the adoption of children from abroad to the Czech Republic shall only be facilitated at the request of a natural person who is interested in adopting a child or taking a child into foster care (the applicant). The request of a citizen of the Czech Republic who is resident on the territory of the Czech Republic and of a stranger who is authorised to reside on the territory of the Czech Republic or who is registered for residence in the territory of the Czech Republic for at least 365 days under a special legislation governing the residence of foreigners in the territory of the Czech Republic (1a) shall be submitted to the municipal authority of the municipality with extended scope."

21. In Paragraph 21 (1), the text "Paragraph 20" is replaced by "Paragraph 19a" and at the end of the text of paragraph 1, the words "and authorised persons" are added.

22. In Article 21, the following paragraphs 2 and 3 are inserted after paragraph 1:

"(2) In the application for inclusion in the register of applicants for adoption or foster care submitted to the municipal authority of the municipality with extended scope, the applicant shall provide the data and attach the documents referred to in paragraph 5 (a) necessary for the management of the file documentation.

(3) On receipt of the application, the municipal authority of the municipality with extended scope shall examine the application on the basis of the information contained therein and the accompanying documents and reject the application if:

(a) the conditions set out in Article 20 (1) and (3) are not met; or

(b) finds that a person seeking mediation of the adoption or foster care of a child normally resident in the Czech Republic fulfils the condition of residence in the Czech Republic pursuant to Paragraph 20 (1), but his habitual residence is situated outside the Czech Republic; At the same time, it shall inform her that the application must be lodged with the competent authority of the State in which it is habitually resident. ';

Paragraphs 2 to 5 shall be renumbered paragraphs 4 to 7.

23. In Paragraph 21 of the Introductory Part of Paragraph 4, the text "§ 20 'is replaced by" § 19a'.

24. in Article 21 (5) (a), the words "the name and, where appropriate, the names, surnames, date of birth and place of permanent residence" shall be added after the words "personal data."

25. in Article 21, at the end of paragraph 5, the dot is replaced by a semicolon and the following point (j) is added:

"(j) the opinion of the founder of the foster care establishment (§ 44), required by the municipal authority of the municipality with extended scope, where the application for inclusion in the records of applicants for foster care mediation is submitted by a natural person carrying out foster care in a foster care establishment."

26. in Article 21 (6), "§ 20" is replaced by "§ 19a."

27. in Paragraph 21 (7):

"(7) The municipal authority of the municipality with extended competence shall decide to terminate the procedure for the inclusion in the register of applicants for adoption or foster care where the person who applied for mediation:

(a) withdraw its application before forwarding the file documents to the Regional Office; or

(b) or at the request of the municipal authority of the municipality, with extended scope, shall not disclose the data and shall not provide the documents necessary for carrying out the file documentation. ";

28. in Article 22 (1), "Article 20" is replaced by "Article 19a."

29. in Paragraph 22 (2) (a), "2" is replaced by "4."

30. in Paragraph 22 (3) (a), "3" is replaced by "5."

31. in Paragraph 22 (4), "3" is replaced by "5."

32. In Paragraph 22, the following paragraph 5 is inserted after paragraph 4:

"(5) Regional Office of the procedure for the inclusion of the applicant in the register of applicants for adoption or foster care

(a) interrupt, at the request of the applicant, for the period strictly necessary, the corresponding reasons given by the applicant in the request for interruption;

(b) suspend criminal proceedings against the applicant, or against his spouse, companion, child or other person constituting the applicant of the common household 9b) until a final decision in that criminal proceedings has been taken,

(c) it may interrupt if, on the part of the applicant, the grounds obstructing his expert assessment pursuant to Article 27, for the period strictly necessary. "

Paragraphs 5 to 9 shall be renumbered paragraphs 6 to 10.

33.In Paragraph 22 (6):

"(6) The Regional Authority shall decide on the inclusion of the applicant in the register of applicants without delay after the expert examination of the applicant in accordance with § 27. In the decision to include the applicant in the register of applicants, the Regional Office shall require the applicant to report to the Regional Office any changes relevant to the provision of adoption or foster care within 15 days of the date of their establishment. ';

34. in Paragraph 22 (7) (a), the part of the sentence after the semicolon, including the semicolon, is deleted;

35. in Article 22 (7) (b), the words "(j)" shall be inserted after the words "Article 21 (5)."

36. in Paragraph 22 (8) (b), "12 calendar months" is replaced by "3 years."

37.In Paragraph 22 (9) (a) (1), "7" is replaced by "8."

38. In Paragraph 23 (1), "7 'is replaced by" 8';

39. In Paragraph 23, at the end of paragraph 3, the words "paragraph 3 'are replaced by the words" paragraph 5'.

40. In Article 24, at the end of paragraph 1, the sentence "The Regional Office shall take account of the recommendations of the Advisory Council referred to in Article 38a in the mediation of adoption or foster care."

41. in Article 24 (2), the words "(j)" shall be added at the end of the text of point (b).

42. In Paragraph 24 (2), the dot is replaced by a comma at the end of point (d) and the following point (e) is added:

"(e) the municipal authority of the municipality with extended scope."

43. In Article 24a, at the end of paragraph 1, the sentence "The Ministry shall take into account the recommendations of the Advisory Board referred to in Article 38b in the mediation of adoption or foster care."

44. in Article 24a (2), the words "(j)" shall be added at the end of the text in point (c).

45. in Article 24a (2), at the end of point (d), the dot is replaced by a comma and the following point (e) is added:

"(e) the municipal authority of the municipality with extended scope."

46. in Article 24a (6), "9" is replaced by "10."

47. in Article 24b (1) (d), "9" is replaced by "10."

48. in Article 24b (2), "7" is replaced by "8."

49. in Article 24b, the following paragraph 4 is added:

"(4) The date on which the decision to entrust the child to the care of future adopters or to the care of a natural person who is interested in becoming a foster parent is taken to notify immediately for the purposes of the interruption of the adoption or foster care

(a) the municipal authority of the municipality with extended competence of the regional authority;

(b) the Regional Office immediately after being informed of this date by the municipal authority of the municipality with extended competence, the Ministry or the Office, if the child or applicants are kept in the register of the Ministry or the Office. "

50. in § 24c (1) (a) (3), "7" is replaced by "8."

51. in § 24c (1) (b) (5), "7" is replaced by "8."

52. In § 24c, the sentence "In other cases, the Regional Authority shall notify the applicants of the withdrawal in writing. 'shall be added at the end of paragraph 2.

53.In Article 24c (3), the words "(j)" shall be inserted after the words "Paragraph 21 (5)."

54. Paragraph 24c (4) reads:

"(4) The date on which the decision to adopt or entrust the child to foster care is taken in order to exclude the applicant from the register

(a) the municipal authority of the municipality with extended competence of the regional authority;

(b) the Regional Office immediately after this date has been communicated to it by the municipal authority of the municipality with extended competence to the Ministry, if the child or applicant is kept in the register of the Ministry. ";

55. in Article 24d (3) (d), the words "(j)" shall be inserted after the words "Article 21 (5)."

56. In Paragraph 25, the sentence "A person appropriate to become a teacher of the children referred to in paragraph 1 (b) may not be included in the register at the end of paragraph 3 if he fulfils the condition of residence in the Czech Republic under Section 20 (1), but his habitual residence is demonstrably situated outside the Czech Republic."

57. in Paragraph 25 (6), "5" and "9" are replaced by "6" and "10."

58. In Section 25, paragraphs 8 and 9 are added, including footnote 23a:

"(8) For the purposes of keeping records by the Office, the Regional Office shall:

(a) at the request of the Office, establish the necessary information and complete the file on a child suitable for adoption abroad or on an applicant suitable for becoming a foreign child's teacher;

(b) at the request of the Office, investigate the circumstances in which the child lives, if it is for a child who has been adopted in the Czech Republic on the basis of mediation of foreign adoption or is to be acquired abroad and is in the care of future adopters in the Czech Republic;

(c) notify the Office without delay of the date on which the decision to adopt the child becomes final.

(9) The Office shall notify

(a) the municipal authority of the municipality with extended scope;

(b) to the matrix office competent under the special legislation23a);

(c) the Regional Office; and

(d) the Ministry.

23a) § 2 (1) (a) of Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the amendment of certain related laws, as amended. '

59. In Article 27, the following paragraph 1 is added:

"(1) The expert assessment for adoption and foster care shall include:

(a) the assessment of the child and the applicant in accordance with paragraph 2;

(b) an evaluation of the preparation for the admission of the child to the family, including the special preparation for the adoption of the child by foster care for a transitional period (Section 11 (2));

(c) the statement of the applicant's children to be admitted to the family by the adopted child or by the child entrusted to foster care, if they are capable of such expression in terms of their age and maturity;

(d) an assessment of the applicant's ability to take a child into the family,

(e) establishing the integrity of the applicant, his spouse, partner, child and other persons forming a common household with the applicant; a person who has been convicted of a criminal offence against life, health, human dignity, moral development or the property of the child, or for any other offence which the perpetration of which may have an impact on the capacity of the applicant for the proper education of the child, shall not be considered to be fair for that purpose;

(f) for applicants for entry in the register of persons eligible for foster care for a transitional period, an assessment of the ability to care for children requiring special care and the ability to cooperate with the parents of such children. ";

Paragraphs 1 to 5 shall be renumbered paragraphs 2 to 6.

60. In Paragraph 27 (5), "1 'is replaced by" 2';

61. In the first sentence of Paragraph 27 (6), "1 to 4 'is replaced by" 2 to 5'.

62. in Part Three, the following Title V is inserted after Title IV:

„HLAVA V

_

§ 27a

(1) The Regional Office shall keep for a transitional period for the purpose of providing foster care for the child under the special legislature23b) records of persons who may carry out foster care for a transitional period. Persons shall be included in the register on the basis of an application submitted to the municipal authority of the municipality with extended scope. The municipal authority of the municipality with extended competence shall, upon completion of the request for information and documents referred to in paragraph 3, immediately forward the request to the county authority.

(2) Persons who, on the basis of an expert assessment, are entitled to foster care for a transitional period shall be included in the register of persons who, in particular in terms of the short-term nature of such care and childcare shortly after birth.

(3) The record contains:

(a) the applicant's personal data referred to in Article 21 (5) (a);

(b) the documents referred to in Article 21 (5) (b) to (e) and (h);

(c) written agreement that the Regional Office is entitled at any time

1. seek further information needed for the entry into the register of persons who may pursue foster care for a transitional period,

2. Determine whether the facts in the application have changed,

(d) the opinion of the municipal authority of the municipality with extended competence on the application for inclusion in the register of the applicant.

(4) The applicant's professional assessment shall be made on the basis of an application submitted pursuant to paragraph 3; Article 27 shall apply mutatis mutandis to the applicant's professional assessment.

(5) The Regional Authority shall decide whether the applicant is to be entered in the register referred to in paragraph 1 and to be removed from that register or not. A copy of the decision referred to in the previous sentence shall be sent by the Regional Office to the Municipal Office of the Municipality with extended scope. Paragraph 22 to 24c shall apply mutatis mutandis to keep records of the applicant's inclusion in the register and of his removal.

(6) The Regional Office shall transmit a copy of the list of persons entered in the register of persons who may receive foster care for a transitional period, including the data referred to in paragraph 3, to the Ministry and municipal authorities of the municipalities with extended competence in their administrative district. The Regional Office shall immediately supplement this list on the basis of the changes made to the register referred to in paragraph 1 and communicate this addition to the Ministry and to the said municipal authorities with extended scope.

23b) § 45a (2) of the Family Act. ';

Citation	Act No. 134 / 2006 Coll., amending Act No. 359 / 1999 Coll., on Social Protection for Children, as amended, Act No. 94 / 1963 Coll., on Family, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 117 / 1995 Coll., on State Social Support, as amended, and Act No. 200 / 1990 Coll., on Infringements, as amended
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	14.04.2006
Effective from	01.06.2006
Effective until	-
Status	Valid

Act No. 134 / 2006 Coll.

Act amending Act No 359 / 1999 Coll., on Social Protection for Children, as amended, Act No 94 / 1963 Coll., on Family, as amended, Act No 99 / 1963 Coll., Civil Code, as amended, Act No 117 / 1995 Coll., on State Social Support, as amended, and Act No 200 / 1990 Coll., on Infringements, as amended

Contents

ČÁST PRVNÍ

Čl. I

„§ 10a

„§ 12

„§ 16a

„§ 19a

„HLAVA V

§ 27a

Contents

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