What is Act No. 242 / 2024 Coll.?

Act No. 242 / 2024 Coll., amending Act No. 359 / 1999 Coll., on Social Protection of Children, as amended, and other related laws — Act amending Act No. 359 / 1999 Coll., on Social Protection of Children, as amended, and other related laws.

When it became Act No. 242 / 2024 Coll. effectiveness?

Act No. 242 / 2024 Coll. became effective 01.01.2025.

Is Act No. 242 / 2024 Coll. still valid?

Yes, Act No. 242 / 2024 Coll. is still valid and effective.

How many times was it Act No. 242 / 2024 Coll. amended?

Act No. 242 / 2024 Coll. has 8 time versions of the text.

Act No. 242 / 2024 Coll. - Act amending Act No. 359 / 1999 Coll., o...

242

THE LAW

of 10 July 2024

amending Act No 359 / 1999 Coll., on Social Protection for Children, as amended, and other related laws

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. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15 / 2004 Coll., Act No. 15 / 2004 Coll., Act No. 45 / 2008 Coll., Act No. 50 / 2004 Coll., Act No. 17 / 2007 Coll., Act No. 57 / 2005 Coll., Act No. 54 / 2008 Coll., Act No. 54 / 2006 Coll.

1. In Article 2 (1), the text "Paragraph 10 (1) (e)," and the text "Paragraph 4, § 33 'is deleted.

2. In Section 2a (c) (1), the words "or pre-foster care 'are replaced by the words", pre-foster care or into care under Section 953 of the Civil Code'.

3. In Article 2a (c) (2) and (3), the word "care 'shall be added after the word" her'.

4. The following Section 4a is inserted after Section 4, including footnote 98:

„§ 4a

(1) The holder of a postal licence may exercise a state administration under this Act if the Ministry has concluded with him a public contract specifying the conditions for the exercise of the state administration by the postal licence holder; the holder of a postal licence may perform a public administration to the maximum extent of the following activities:

(a) the receipt of submissions under this Act and the receipt of supporting documents for the adoption of decisions under this Act on the State's contribution to the performance of foster care, foster care benefits and provision allowances, including their transfer to the relevant Regional Branch of the Labour Office;

(b) providing basic information on the legislation of this law in the matters referred to in (a).

(2) In order to conclude a public contract, the agreement of the superior administrative authority is not necessary. Disputes from the public contract are dealt with by the Minister for Labour and Social Affairs.

(3) The Ministry and the Labour Office of the Czech Republic will publish a public contract on their official record and on their website.

(4) A public contract may provide for the financial performance obtained by the holder of a postal licence as compensation for the performance of the administration under this Act and to be determined under the price regulations 98).

98) Act No. 526 / 1990 Coll., on Prices, as amended. '

5. The following Section 6a is inserted after Section 6:

„§ 6a

(1) The provision of social legal protection for children under Article 6 is to provide assistance and support in overcoming their unfavourable social situation in order to allow them social inclusion and to provide them with protection against social exclusion.

(2) An employee assigned to work in a social protection body in the exercise of social legal protection of children pursuant to Article 6

(a) be in personal contact with the child, his parents or the persons responsible for raising him;

(b) choose the means of action on the child so as to effectively affect the child in his unfavourable social situation;

(c) solve the problems of the child in its natural social environment. ';

6. In Paragraph 9a (2), the words "in order to allow the child to return to its own family 'shall be inserted after the words" alternative family environment'.

7. in Article 10 (1), point (e) is deleted;

Points (f) and (g) shall become points (e) and (f).

8. Paragraph 10 (2) reads as follows:

"(2) In the performance of the social and legal protection of children under § 6

(a) ensuring the availability of information on the possibilities and methods of providing social legal protection within its territory;

(b) provide, at the request of children, parents or other persons responsible for education, the possibility of providing social or other professional services or contact with a provider of such services, where such persons are required to provide assistance and support in the protection of the life and rights of the child or in the performance of duties and rights arising from parental responsibility;

(c) cooperate with other municipal authorities, regional authorities and professional service providers in providing assistance to children, parents or other persons responsible for education or, where appropriate, in providing contact between such persons and the professional service provider. "

9. in § 10 (3) (e) and § 38a (3), the words "police authorities" are replaced by the words "Police of the Czech Republic";

10.

„§ 11

Consultancy

(1) Municipal authority of the municipality with extended scope

(a) assist parents in solving educational or other problems related to childcare;

(b) organise, in the framework of advisory activities, lectures and courses aimed at addressing educational, social and other problems related to child care and education;

(c) provide advice to applicants for adoption or foster care in connection with the adoption of a child or the assignment of a child to foster care;

(d) provide the adopters or caregivers with advisory assistance related to the adoption of the child or the custody of the child;

(e) provide advisory assistance in the exercise of the child's right to maintenance and in the enforcement of the maintenance obligation on the child, including assistance in the submission of an application to the court; cooperate in particular with regional branches of the Labour Office, obliged persons, law enforcement authorities and courts,

(f) provide the parents without undue delay after the child has been placed in a constitutional establishment or after the transfer of the child to the care of another person responsible for raising the child with advice consisting in particular in helping to organise family relationships which would enable the child to return to the family, in order to address the living and social situation, including the material level of the family, in cooperation with the social security authorities, regional branches of the Labour Office and other institutions, and to this end also provides the parents with professional advice,

(g) may provide advice as referred to in point (f) to a similar extent to those close to the child.

(2) The Municipal Office of the Municipality with extended competence in the exercise of social and legal protection of children pursuant to § 6, if they are required to provide assistance and support in the protection of the life and other rights of the child, or in the exercise of duties and rights arising from parental responsibility

(a) provide professional social advice to the children referred to in Article 6, their parents or other persons responsible for raising the child and, where appropriate, other persons close to the child;

(b) carry out social work to address the unfavourable social situation of children under Article 6 or families with such children; cooperate with the Regional Office and the Regional Office.

(3) The Regional Authority provides advisory assistance

(a) applicants for adoption or foster care related to the adoption of a child or the assignment of a child to foster care;

(b) adopters or caregivers involved in the adoption of a child or in the custody of a child, in particular on matters of education.

(4) At least once a year, the Regional Office will ensure consultation on the performance of foster care. In addition to experts in the management of educational and social problems, carers are also involved in the consultation; The consultation may also be attended by children entrusted to those foster care persons and other natural persons who form up with the household care person. ';

11. the following Section 11a is inserted after Section 11:

„§ 11a

The preventive and advisory activities referred to in Article 10 (1) (b), (c) and (e) and the advisory activities referred to in Article 11 (1) (a) shall also be provided to other persons responsible for raising the child. ';

12. The designation "TITLE II 'and the title of Title II, which reads:

"Child protection measures."

13. in Paragraph 12 (2):

"(2) If the person in charge does not have a foster care agreement, the municipality may determine the content and focus of the obligation to increase the knowledge and skills of education and childcare under § 47a (2) (f). The obligation under Paragraph 47a (2) (f), the content of which shall be specified by the municipal authority of the municipality with extended scope according to the first sentence, shall be fulfilled by the person in charge of the contract with the authorised person. '

14. in Article 12 (3), the words "and the assistance provided for in paragraph 2" shall be deleted;

15. in Paragraph 12 (4):

"(4) The municipal authority of the municipality with extended scope shall cancel the imposition of obligations under paragraphs 1 to 3 if:

(a) it has fulfilled its purpose;

(b) it has not fulfilled its purpose; In so doing, it may decide to impose an educational measure under Paragraph 13 or choose other appropriate social protection measures; or

(c) the person in charge has entered into a foster care agreement if the decision referred to in paragraph 2 is taken. ";

16. in Article 13a (1) of the introductory part of the provision, the words "after completion of 4 years" shall be added after the words "temporarily withdraw the child."

17. in Article 13a (1) and (2), "4" is replaced by "7."

18. in Article 13a (1) (b), the words "the establishment of the health service provider or in" shall be deleted;

19. in Article 13a (1), at the end of (a), the word "or" shall be replaced by a dot, point (b) shall be deleted and the word (a) shall be deleted.

20. in Article 13a (2), the words "after completion of 4 years" shall be inserted after the words "on the trust of the child."

21. in Paragraph 13a, paragraph 4 is deleted;

Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.

22. in Article 13a (5), the words "in the establishment of the health service provider" shall be deleted and the number "5" shall be replaced by "4."

23. In Part Three, the term "TITLE II 'above Paragraph 14 and the title of Title II are deleted.

24. In Paragraph 14, at the end of paragraph 1, the dot is replaced by a comma and the following points (n) to (q) are added:

"(n) the release of a child from a health institution,

(o) to declare inadmissibility of the child's possession in social services facilities,

(p) the restriction or prohibition of contact with the child;

(q) the abolition of care under Section 953 of the Civil Code. ';

25. in Paragraph 14 (3), "and (k) to (m)" shall be replaced by "(k) to (m) and (q)";

26. Paragraph 14 (6), including footnote 12, is deleted.

Paragraphs 7 to 11 shall be renumbered paragraphs 6 to 10.

27. in Article 14 (7) and (9), "7" is replaced by "6."

28. The heading of Section 16b reads: "Consent to provide protection and assistance to a child in constitutional establishments."

29. in Article 16b (1) (b), the words' 3 months' shall be deleted;

30. in Article 16b (1), point (c) is replaced by the dot and point (d) is deleted;

31. in Paragraph 16b (2):

"(2) Request for consent under:

(a) paragraphs 1 (a) and 1 (c) shall be submitted no later than the third working day following the day on which the child is admitted to a child facility requiring immediate assistance or home for disabled persons;

(b) paragraph 1 (b) shall be submitted no later than the third working day following the date on which the extension of the contract on protection and assistance was concluded, but not later than the last day of the original commitment under the extended contract on protection and assistance. ";

32. in the second sentence of Article 16b (5), the words "or the provision of services in a children's home for children under the age of 3, pursuant to Article 43 of the Health Services Act," shall be deleted.

33. in Article 19 (1) (c), the text "Article 12 (2)" is replaced by "Article 11 (1) (f)."

34. Paragraph 19 (2) is deleted.

Paragraphs 3 and 4 shall become paragraphs 2 and 3.

35. in Paragraph 19 (3):

"(3) The municipal authority of the municipality with extended competence monitors the development of children who have been assigned to the upbringing of another person responsible for raising the child. In doing so, the staff of the municipality with extended competence of the municipal office shall be obliged to visit the child and the family where the child lives and, where appropriate, the other environment in which the child resides, in accordance with the interests of the child,

(a) at least once every 3 months during the first 6 months of care replacing the care of parents;

(b) at least once every 3 months, unless the person in charge has a foster care agreement;

(c) at least once every 6 months in other cases. "

36. In Part Three, Title IV, including the title and footnotes No 23a, 28a and 78, read:

„HLAVA IV

Achieving or foster care

Díl 1

General provisions

§ 19a

(1) Intermediate adoption or foster care consists of:

(a) the search for children referred to in Article 2 (2) who need to be provided in a foster care or adoption form in the alternative family environment;

(b) searching for natural persons suitable for becoming an adopter or foster parent;

(c) 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, (hereinafter referred to as "the choice of the adopter or foster child") and in order to ensure the personal familiarity of the child with that person.

(2) The adoption or foster care referred to in paragraph 1 (c) may only be carried out by the social protection bodies referred to in Article 4 (1) (a) and (e); Paragraph 27a is not affected by this.

§ 20

(1) Achievement is not carried out,

(a) if the parents have given prior consent to the adoption of the child by a person; or

(b) where the spouse of the child's parent, the surviving spouse of the child's parent or the adopter, the relative of the child or any other person close to the child in whom the adoption of the child is not excluded.

(2) The provision of foster care shall not be carried out if a natural person related to or close to the child or his family has submitted a proposal to give custody of the child.

Díl 2

File documentation of the child and child registration

§ 21

File documentation of the child

(1) The municipal authority of the municipality with extended competence will set up file documentation on the child in accordance with § 19a (1) (a) for the purpose of brokering adoption or foster care on the basis of an assessment of the situation of the child and his family and on the basis of an individual child protection plan; This documentation shall be established by the municipal authority of the municipality with extended jurisdiction, at any time after the application has been lodged by the court pursuant to § 14 (1) (a) to (f), (i) or (k) and § 16 (1) or, if otherwise, by a court which may lead to the removal of the child from the care of the parents or other persons responsible for raising the child.

(2) The dossier contains:

(a) personal data of the child, which are the name and surname, date of birth, nationality and place of permanent residence or residence in the Czech Republic according to the type of stay of the foreigner (1a);

(b) information on the social circumstances of the child, his or her parents, siblings or grandparents,

(c) proof that the child fulfils the conditions for adoption;

(d) a decision of the court for the care of the child, if issued,

(e) an evaluation of the situation of the child and his family and an individual plan for the protection of the child.

(3) The municipal authority of the municipality with extended competence shall transmit a copy of the file on the child of the county authority no later than 7 working days after the date on which the file was established.

(4) The municipal authority of the municipality with extended scope shall notify the regional authority without delay that:

(a) the court has decided by one of the methods referred to in Article 23 (1) on the proportions of the child whose copy of the file was transmitted to that regional authority; or

(b) in accordance with Article 30, issue a binding opinion on the residence of a child whose copy of the file has been transmitted to that regional authority, outside the Institute, of natural persons other than those of a third-degree child, if the child stays repeatedly with such persons.

§ 22

Children's record keeping

(1) The Regional Office shall keep, for the purpose of brokering adoption or foster care, a record of children as referred to in Article 19a (1) (a) (hereinafter referred to as "children's records").

(2) Children's records contain:

(a) a copy of the file on the child;

(b) the expression of the child provided by the Regional Office (§ 8 (2)); and

(c) other documents necessary for the provision of adoption or foster care.

(3) The Regional Office shall transmit data from the records of the children it keeps to the Office for the purpose of mediation in relation to foreign affairs,

(a) does not facilitate adoption within six calendar months of the date on which the child is entered in the register of children; and

(b) if it is clear from all circumstances that the child cannot be provided with foster care or adoption in the Czech Republic, or it cannot be assumed that in the future the child could be taken into custody by a person related to or close to his or her family.

(4) The transfer of data from the records of children to the Office referred to in paragraph 3 shall be justified by the Regional Office and shall at the same time be notified to the Municipal Office of the Municipality with extended competence.

§ 23

Elimination from children's records

(1) The Regional Office shall exclude the child from the records of children,

(a) where the adoption has been decided,

(b) where an application under Paragraph 14 (1) (a) to (f), (i) or (k) has been rejected or where the procedure for such a case has been terminated; or

(c) if the court has decided, on the substance of the case, to place the child under the care of the parent or other person responsible for raising the child.

(2) The Regional Authority will decide to exclude a child from the records of children if it finds other serious reasons for which adoption or foster care cannot be facilitated. The decision referred to in the first sentence shall be the first act in the proceedings.

(3) The county authority shall notify the Office without undue delay of the adoption or assignment of the child into foster care provided by the Regional Office.

Díl 3

Procedure for inclusion in the register of applicants

§ 23a

Application for inclusion in the register of applicants

(1) An application for inclusion in the register of persons eligible for an adoption or a foster home (hereinafter referred to as "the register of applicants") is entitled to be filed with the municipal authority of the municipality with extended competence by a person who is normally resident in the territory of the Czech Republic if he is a citizen of the Czech Republic who has permanent residence in the territory of the Czech Republic, a stranger who is entitled to social benefits from a directly applicable European Union regulation, or who is a person employed, self-employed, a person who is temporarily resident in the territory of the Czech Republic or a member of his family who is temporarily resident in the Czech Republic for at least 365 days.

(2) The application referred to in paragraph 1 shall contain, in addition to the formalities resulting from the administrative arrangements:

(a) surname, birth number, if assigned, date and place of birth, nationality of the applicant; if it is a foreigner, also the place of residence in the Czech Republic according to the type of residence of the alien;

(b) the name and surname, including surname, birth number, if any, date and place of birth of the spouse, partner, partner, child or other person constituting the applicant's family household;

(c) the applicant's statement that:

1. Considers that, after the expiry of the period referred to in Article 23i (4), it should also be entered in the register of the Office for the Adoption of Foreign Children;

2. Calls exclusively for the adoption of a foreign child,

(d) the consent of the applicant, his spouse, partner or partner who lives with the applicant in the family household, to participate in the preparation of natural persons for the admission of the child to the family;

(e) whether, in the absence of citizens of the Czech Republic, the applicant, his husband, partner, kind, child or other person making up the family household with the applicant since the 15th year of age has been continuously in another Member State of the European Union or in the United Kingdom of Great Britain and Northern Ireland for more than 3 months,

(f) the consent of the applicant, his spouse, partner or partner who lives with the applicant in the family household, with the waiver of the obligation of the delegate to maintain confidentiality of the facts which he has learned in connection with the preparation of the applicant, his spouse, partner or partner who lives with the applicant in the family household, to receive the child in the family, to the social protection authorities which conduct the proceedings for inclusion in the register of applicants; and

(g) the consent of the applicant to waive the obligation of the delegate to maintain his or her confidentiality of the facts which he or she has learned concerning the assessment of the applicant's mental fitness towards the social protection authorities which conduct the proceedings for inclusion in the register of applicants.

(3) The applicant shall accompany the application for inclusion in the register of applicants:

(a) a medical opinion on medical fitness or on a medical condition not over 3 months old, issued under a specific legislation which includes an assessment of whether the applicant's mental, physical and sensory health does not prevent long-term childcare;

(b) a copy or equivalent document from a record of a similar criminal record held in a State other than that referred to in paragraph 2 (e) in which the applicant, his spouse, partner, type, child and other persons constituting the applicant's family household have remained continuously for more than 3 months since the 15th year of age, which may not be older than 3 months; where a foreign State does not issue a copy of the criminal record or any other equivalent document, refuses to issue it to the applicant or to any other person under consideration or is associated with a difficult obstacle, the applicant or any other person under consideration may replace the document of that State with his affidavit; and

(c) a questionnaire on social and family conditions, health status and motivation of applicants and persons referred to in paragraph 2 (b) to submit an application for inclusion in the register of applicants on the form prescribed by the Ministry.

(4) The applicant for adoption or foster care shall report to the Regional Office, during the procedure for inclusion in the register of applicants, any changes relevant to the provision of adoption or foster care without undue delay, in particular that he has been entrusted with the child's custody by the court or that he has become an adopter as another person responsible for raising the child.

§ 23b

Procedure of the municipal authority of the municipality with extended competence in the procedure for classification in the register of applicants

(1) The municipal authority of the municipality with extended scope shall carry out an inspection of the application for inclusion in the register of applicants and, if it finds that the application does not have the required formalities or other defects, shall assist the applicant in the removal of the deficiencies on the spot, or invite him to remove them, shall give him a reasonable period of time to do so and shall inform him of the consequences of not removing the deficiencies. If the applicant has not removed, within a time limit set by the municipal authority of the municipality with the extended scope of the material defect of the application which prevents the continuation of the proceedings, the municipal authority of the municipality with the extended scope of the proceedings shall stop.

(2) The municipal authority of the municipality with the extended scope of the procedure will also stop for the reasons set out in Article 66 (1) (a), (e) and (f) of the administrative order.

§ 23c

Documentation of the applicant

(1) The municipal authority of the municipality with extended scope shall keep a file on the applicant containing:

(a) the application and its annexes;

(b) details of the applicant's economic and social circumstances established by the municipality's municipal authority with extended scope;

(c) details of the applicant's ethnic, religious and cultural environment identified by the municipal authority of the municipality with extended scope;

(d) a statement by the municipal authority of the municipality with extended competence for the application for mediation or foster care;

(e) the statement of the person with whom the applicant has entered into a foster care agreement because he already has a foster child.

(2) The municipal authority of the municipality with extended scope shall transmit a copy of the file file on the applicant of the regional authority without delay after the file file of the applicant has all the particulars referred to in paragraph 1; this shall not apply if the proceedings have been terminated.

Citation	Act No. 242 / 2024 Coll., amending Act No. 359 / 1999 Coll., on Social Protection of Children, as amended, and other related laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	08.08.2024
Effective from	01.01.2025
Effective until	-
Status	Valid

Act No. 242 / 2024 Coll.

Act amending Act No. 359 / 1999 Coll., on Social Protection of Children, as amended, and other related laws

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