Act No. 272 / 2001 Coll.
Act amending Act No. 359 / 1999 Coll., on Social Protection of Children, as amended by Act No. 257 / 2000 Coll.
Valid
Law
Effective from 01.01.2002
Text versions:
01.01.2002
02.08.2001
Zobrazeno prvních 200 z celkem 227 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
272
THE LAW
of 10 July 2001
amending Act No 359 / 1999 Coll., on Social Protection for Children, as amended by Act No 257 / 2000 Coll.
Parliament has decided on this law of the Czech Republic:
Act No 359 / 1999 Coll., on Social Protection for Children, as amended by Act No 257 / 2000 Coll., is amended as follows:
1. in Paragraph 2 (2) (b), including footnote (1a), the following shall be added:
"(b) under special legislation (1a) governing the residence of foreigners in the territory of the Czech Republic, has been authorised for permanent residence or is declared for residence in the territory of the Czech Republic for at least 90 days;
1a) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended by Act No. 140 / 2001 Coll. '.
2. In Article 2 (3), the words "or long-term 'shall be deleted and after the words" stay' shall be inserted the words "or not declared for residence in the territory of the Czech Republic for at least 90 days under the special legislation (1a) governing the residence of foreigners in the territory of the Czech Republic '.
3. in Article 4 (1), the following point (c) is inserted after point (b):
"(c) counties in the delegation (hereinafter referred to as the" Regional Authority "),"
Points (c) and (d) shall be renumbered points (d) and (e).
4. in Article 4 (2), the following point (b) is inserted after point (a):
"(b) regions under separate jurisdiction,"
Point (b) shall be renumbered (c).
5. in Article 6 (1) (e), the words "moral developments" shall be inserted after the words "dignity."
6. In Article 6 (1), the word 'cause' is replaced by 'or may be'.
7. In Paragraph 10 (2), the word "creates' is replaced by" and the region in its separate competence creates'.
8. In Article 11, the following paragraph 2 is inserted after paragraph 1, including footnote 9a:
"(2) The Regional Office shall be obliged to consult at least once a year on the performance of foster care. In addition to experts in the management of educational and social problems, the consultation shall also involve foster parents who are resident in the region; The consultation may also be attended by children entrusted to these foster homes and other natural persons who form with the foster house.9a)
9a) § 115 of the Civil Code. '
Paragraph 2 shall become paragraph 3.
9. In Article 12, the text "[Paragraph 39 (1) (a)] 'is deleted.
10. In Paragraph 15 (2), the word "basic 'is replaced by" justified'.
11.
A statement under special legislation (16) shall be submitted to the court in proceedings for the assignment of a child to foster care or the adoption of a child by the Regional Office if it has facilitated the assignment of a child to foster care or the adoption of a child (§ 24) or by the Ministry if it has facilitated the assignment of a child to foster care or the adoption of a child (§ 24a); in other cases, such observations shall be submitted by the district office. ';
12. In Paragraph 20 (1), the words "or long-term residence 'are replaced by the words" residence or which has been declared for at least 365 days under a special legislation governing the residence of foreigners in the Czech Republic, 1a).
13. in Article 20 (2) (a), the word "reinsurance" is replaced by the words "regional authorities";
14. In Paragraph 21 (2) (b), the words "long-term or" shall be deleted and after the word "stay" shall be inserted the words "on the territory of the Czech Republic or on a declaration of residence in the Czech Republic for at least 90 days under the special legislation 1a) governing the residence of foreigners."
15. in Article 21 (3) (b), the words "long-term or" shall be deleted and after the word "Republic" shall be added the words "or of a declaration of residence in the Czech Republic for a period of at least 365 days under the special legislation (1a) governing the residence of foreigners in the Czech Republic."
16. in Article 21 (3) (f) (1), "22 (8)" is replaced by "23 (3)."
17. in Article 21 (3) (h), the words "if the district office considers such preparation appropriate" shall be deleted;
18. In Paragraph 21 (4), the word "Ministry 'is replaced by" Regional Office'.
19. The heading under Section 22 reads: "Keeping records for the provision and foster care of the county office."
20. in Paragraph 22 (1), "Ministry" is replaced by "Regional Office," in paragraph 2 (c), "Ministry" is replaced by "Regional Office," and in paragraph 4, "Ministry" is replaced by "Regional Office."
21. Paragraph 22 (5) reads:
"(5) The Regional Authority shall include the applicant in the register of applicants without delay after the expert assessment provided for in Section 27. The decision of the Regional Authority shall specify:
(a) the applicant is required to report to the Regional Office any changes relevant to the provision of adoption or foster care within 15 days of the date of establishment;
(b) whether the applicant has an obligation to participate in the invitation of the District Office to prepare for the admission of the child to the family; the preparation for the admission of the child to the family takes place at the earliest from the date on which the decision on the inclusion of the applicant in the register of applicants takes place and ends no later than the date on which the applicant has taken custody of the child on the basis of the mediation of the adoption or foster care provided for in Article 24 or 24a. ';
22. In Paragraph 22, the following paragraphs 6 to 8 are inserted after paragraph 5:
"(6) The Regional Authority shall notify whether the applicant has been entered in the register of applicants,
(a) the district office; notify at the same time whether an obligation has been imposed on the applicant to participate in the invitation to prepare for the child to be admitted to the family;
(b) the founder of the foster care establishment, if the applicant referred to in Article 21 (5) is the founder, except where the district office where the applicant has applied for foster care mediation is the founder;
within 15 days of the date on which the decision on inclusion in the register of applicants became final.
(7) If the Regional Authority does not mediate adoption or foster care
(a) within 3 calendar months of the child being entered in the children's register; or
(b) within 12 calendar months of the date on which the decision to place the applicant in the register of applicants becomes final;
send a copy of the data from those records within 15 days of the end of that period to the Ministry for Entry in the Adoption Intermediate Register or foster care by the Ministry.
(8) The Regional Office shall send a notification:
(a) a copy of the data to the district office
1. records of children and of applicants to the Ministry referred to in paragraph 7;
2. contained in the Office's register of applicants referred to in paragraph 4,
(b) to the applicant for a copy of the applicant's records to the Ministry;
within 15 days of the date of dispatch of such copies. ';
Paragraphs 6 to 8 shall be renumbered paragraphs 9 to 11.
23. in Paragraph 22 (9), the word "Ministry" shall be replaced by "Regional Office."
24. Paragraph 22 (10) and (11) are deleted.
25.
Keeping records for adoption or foster care by the Ministry
(1) The Ministry shall keep records of children and of applicants for the purpose of brokering adoption or foster care. The Ministry shall include the child in the records of children and applicants on the basis of data sent to the Ministry by the Regional Office pursuant to Article 22 (7) within 3 days of receiving the data from the Regional Office.
(2) The records of children and the records of applicants kept by the Ministry contain the data referred to in § 22 (2) and (3).
(3) If the Ministry does not mediate adoption or foster care
(a) within 3 calendar months of the child being entered in the register of children kept by the Ministry; or
(b) within six calendar months of the applicant being entered in the register of applicants kept by the Ministry;
forward a copy of the data from those records to the Office for Registration for Awareness Mediation in relation to abroad. The data on the applicant shall be sent by the Office's Ministry only if the applicant has given his consent pursuant to Article 21 (3) (f) (1). The Ministry of the Regional Office shall inform the Ministry of the transmission of copies of those records to the Office within 3 days of their transmission.
(4) The Ministry shall keep records of the children and records of the applicants, even after having forwarded a copy of the particulars of those records to the Office in accordance with paragraph 3.
Intermediate adoption or foster care by the Regional Office
(1) For the purpose of brokering adoption or foster care, the Regional Children's Office, which is kept in the register of this Regional Office, shall seek applicants from the records of applicants kept by that Regional Office and from the records of applicants kept by the Ministry.
(2) If the Regional Office finds that the register of applicants it maintains or the register of applicants maintained by the Ministry, the applicant shall be classified as appropriate to become an adopter or foster child who is on the record of children kept by that Regional Office, it shall notify the applicant in writing without delay:
(a) the applicant,
(b) the founder of the foster care establishment, if the applicant referred to in Article 21 (5),
(c) to the Ministry, if the applicant is entered in the register of applicants of the Ministry,
(d) the Office, if it is an applicant who is also in the register kept by the Office.
(3) On the basis of the written notification by the Regional Office referred to in paragraph 2 (a), the applicant shall have the right to acquaint himself with the child and the child to whom the child is located shall be obliged to allow such familiarisation. The applicant shall be able to acquaint himself with the child and to submit an application for the custody of the child in the care of future adopters or in the care of future foster parents no later than 30 days from the date of receipt of the written notification by the Regional Office referred to in paragraph 2.
(4) The Regional Office may provide incentives for the Ministry to mediate adoption or foster care even if they are children who are on the Ministry's record of children. The Ministry is obliged to deal with these initiatives. The first and second sentences shall apply mutatis mutandis if there is a child in the records of children kept by the Office. '
26. The following Sections 24a to 24d are inserted after Section 24:
Achieving or foster care by the Ministry
(1) For the purpose of brokering adoption or foster care, the Ministry of Children, maintained in the Ministry's register, shall seek from the applicant's records kept by the Ministry.
(2) If the Ministry finds that the applicant is listed in the register of applicants, the applicant shall be designated as an appropriate beneficiary or foster child who is in the register of children maintained by that Ministry, it shall notify in writing:
(a) the applicant,
(b) the Regional Office,
(c) the founder of the foster care establishment, if the applicant referred to in Article 21 (5),
(d) the Office, if it is an applicant in a register kept by the Office.
(3) The Ministry shall immediately indicate in the register of applicants kept by it the date on which the notification referred to in paragraph 2 (a) has been sent to the applicant that he is an appropriate teacher or foster parent.
(4) Upon notification by the Ministry referred to in paragraph 2 (a), the applicant shall have the right to acquaint himself with the child and the person with whom the child is located shall be obliged to permit such disclosure. Paragraph 24 (3) second sentence applies mutatis mutandis.
(5) Where the Ministry has facilitated the adoption of a child or the conferral of a child into foster care which is in a register maintained by the Ministry, and at the same time that child is kept in a register of children for the provision of adoption abroad, the Ministry shall notify the Office without delay.
(6) Paragraph 22 (9) shall apply mutatis mutandis to professional assessment.
Interception of adoption or foster care by the Regional Office or Ministry
(1) Intermediate adoption or foster care is interrupted if:
(a) the applicant requests such interruption in writing for as long as it indicates in the application; or
(b) the applicant has been notified in writing by the Regional Office pursuant to Article 24 (2) or by the Ministry pursuant to Article 24a (2) that the child for whom he is an appropriate adopter or foster parent is in the records of the children, for the period from the date of dispatch of that written notification to the date on which the mediation by the Regional Office pursuant to Article 24 (3) or by the Ministry pursuant to Article 24a (4) takes place, or until the date on which the decision on the custody of the child has been taken in accordance with (c); or
(c) by decision of the District Office, the child has been entrusted to the care of a future adopter or to the care of a natural person who is interested in becoming a foster parent for the duration of that care; or
(d) the Regional Office, at the time when it provides the applicant with adoption or foster care pursuant to § 24, or the Ministry, at the time when it provides the applicant with adoption or foster care pursuant to § 24a, finds, in accordance with § 22 (9), serious facts which hinder the provision of adoption or foster care for a transitional period.
(2) The period of interruption of adoption or foster care shall not be counted against the time limits set out in Sections 22 (7) and 23 (3). A decision on the suspension of adoption or foster care referred to in paragraph 1 (d) shall be taken by the Regional Authority if it has interrupted adoption or foster care or by the Ministry if it has interrupted adoption or foster care.
(3) The applicant is required to state in the application referred to in paragraph 1 (a) the reason for which it requests interruption of adoption or foster care. Where the applicant is entered in the records of applicants kept by the Regional Office, the application shall be sent to the Regional Office. Where the applicant is included in the register of applicants kept by the Ministry, or where he is also included in the register for the brokering of a foreign child kept by the Office, he shall be required to send the application simultaneously to each of the authorities keeping such records.
Exclusion from the records of children or applicants kept by the Regional Office
(1) Regional Authority
(a) exclude the child from his / her records of children
1. on the basis of a decision to adopt or entrust a child to foster care;
2. identify serious reasons for which the child cannot be provided with adoption or foster care; or
3. upon expiry of the period laid down in § 22 (7) (a) and sending a copy of the children's records to the Ministry,
(b) exclude applicants from their records of applicants
1. on the basis of a decision to adopt or entrust a child to foster care, unless the applicant requests the adoption of another child or to entrust another child to foster care,
2. if he finds serious reasons for which the applicant cannot be granted adoption or foster care,
3. where the applicant seriously violates the obligation to communicate changes in the data relevant to the provision of adoption or foster care,
4. where the applicant so requests; or
5. upon expiry of the period laid down in § 22 (7) (b) and sending a copy of the data from the records of applicants to the Ministry,
(c) may exclude applicants from their records if they have not participated without a serious reason in the preparation for the admission of the child to the family, even if they have been invited to participate in the preparation.
(2) Only in the cases referred to in paragraph 1 (b) (2) and (3) and paragraph 1 (c) shall the Regional Authority decide to exclude applicants from the records of applicants.
(3) The Regional Authority shall, within 15 days of the date of the acquisition of legal power, send the decision to exclude the applicant from the records of the applicants a notification of such exclusion to the District Office and, if the applicant referred to in Article 21 (5), also to the founder of the foster care facility, except where the founder is the District Office for which the applicant has applied for foster care.
(4) For the purposes of the exclusion of the applicant from the register, the District Office shall notify the Regional Office, if the applicant is kept in the Register by the Regional Office, of the date of the decision to adopt or to entrust him to foster care.
Exclusion from children's or applicants' records held by the Ministry
(1) Ministry
(a) exclude the child from his or her records for the reasons set out in § 24c (1) (a) (1) and (2);
(b) exclude applicants from their records for the reasons set out in Article 24c (1) (b) (1) to (4);
(c) may exclude applicants from their records for the reason set out in Article 24c (1) (c).
(2) Paragraph 24c (2) applies mutatis mutandis to the decision of the Ministry to exclude the applicant from the records of applicants.
(3) The Ministry shall, within 15 days of the date on which the decision to exclude the applicant from the records of applicants is taken, send a written notice of such exclusion
(a) the district office;
(b) the Regional Office,
(c) the Office, where the applicant is also kept in the register referred to in Article 25 (1),
(d) the founder of the foster care establishment, if it is the applicant referred to in Article 21 (5), except where the founder is the county authority for which the applicant for foster care mediation has requested.
(4) The Ministry shall notify the Office of the exclusion of a child from the records of children and the reason for such exclusion, if it is for a child who is kept in the records referred to in Article 25 (2). The Ministry shall also notify the Regional Office of the removal of the child from the records of children. ';
27. in Article 25 (1) (b), the words "or long-term" shall be deleted and after the word "stay" shall be inserted the words "or are not reported for residence in the Czech Republic for at least 90 days under the special legislation 1a) governing the residence of foreigners in the Czech Republic."
28. In Paragraph 25 (1) (d), the words "or long-term" shall be deleted and after the word "stay" shall be inserted the words "nor shall they be reported for residence in the Czech Republic for at least 365 days under the special legislation (1a) governing the residence of foreigners in the Czech Republic."
29. in Article 25 (2) (a), "Article 22 (8)" is replaced by "Article 23 (3)."
30. In Paragraph 25, the following words are added at the end of paragraph 5: "and to the Ministry."
31. in Paragraph 25 (6), the text "to 7" is replaced by "and 9."
32. In Paragraph 25, the following paragraph 7 is added:
"(7) The Office shall suspend the adoption of an authorisation for the period referred to in Article 24b (1), if it is for children who are also kept in the register of children who are admitted abroad or who are fit for adoption in the Czech Republic [paragraph 1 (a) and (b)], or if the applicant referred to in paragraph 1 (c) is. ';
33.In Article 26, the figure "23" is replaced by "24 (1) and (3)."
34. in Paragraph 27 (1), the words "Ministry" shall be replaced by the words "the Ministry";
35. in Article 27 (1) (a) (2), the words "express to suitability" shall be replaced by the words "assess suitability."
36. in Paragraph 27 (1) (b):
"(b) for applicants, it shall assess the characteristics of personality, mental status, health, which shall include an assessment of whether the applicant's mental, physical and sensory health does not prevent long-term care of the child, the assumption of raising the child, the motivation which led to the application for or entrustment to the child in foster care, the stability of the marital relationship and the environment in the family, or, where appropriate, other factors relevant to the adoption of or entrustment to foster care."
37. In Paragraph 27, the following paragraph 2 is inserted after paragraph 1:
"(2) The expert assessment shall be carried out:
(a) the Regional Office, if the children or applicants are included in the register of children or applicants of the Regional Office, before being entered in such a register, or who are in the register of children or in the register of applicants kept by the Regional Office;
(b) the Ministry, if there are children or applicants who are in the register of children or in the register of applicants kept by the Ministry. ';
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
38. In Article 27 (3), the words "authorised 'are replaced by the words" and the Regional Office is authorised' and the words "cooperating 'are replaced by" cooperating'.
39. in Paragraph 27 (4), the words "and county staff" shall be inserted after the words "ministries."
40. In Article 27 (5), the words "and the Regional Office 'shall be inserted after the words" the Ministry' and the figure "3 'shall be replaced by" 4'.
(41) In Paragraph 29 (7), the words "county" and "county" shall be inserted after the words "county" and "edition" and the words "county" shall be inserted after the words "regional" and "regional" respectively, and the words "ministerial staff."
42. In Paragraph 30, the word "temporary 'is deleted.
43. In Paragraph 30, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Where the place of residence of the child is different from the place of residence of the parents or other natural persons with whom the child is to reside, the district office may grant written consent in accordance with paragraph 1 only on the basis of the observations of another competent district office [Paragraph 61 (3) (d)]. '
44. in Article 35 (1) (c), the words "or long-term" shall be deleted and after the word "stay" shall be inserted the words "or are not reported for residence in the Czech Republic for at least 90 days under the special legislation (1a) governing the residence of foreigners in the Czech Republic."
45. the following paragraph 3 is added to Paragraph 35, including footnote 34a:
"(3) The transfer or transfer of personal data by the Office to other States shall not require the authorisation of the Office for the Protection of Personal Data under specific legislation. 34a)
34a) § 27 of Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Acts, as amended by Act No. 177 / 2001 Coll. '
46. In Article 39 (2), the words "and regions under separate jurisdiction 'shall be inserted after the words" the application'.
47. in Article 49 (1), the word "Ministry" shall be replaced by "Regional Office" and the word "Ministry" shall be replaced by "Regional Office."
48. in Paragraph 49 (2) (d), the word "establishment" is replaced by "performance."
49.Paragraph 49 (9) reads:
"(9) The social and legal protection bodies which have issued mandates shall communicate to the Ministry the information on which natural or legal persons have been mandated and, where appropriate, on which natural or legal persons have been delegated withdrawn and on what grounds. This obligation shall be fulfilled by the social protection authorities within 8 days of the date of the decision to issue or withdraw the mandate. The Ministry shall keep records of authorised persons on the basis of these data. The Ministry shall provide data from this register to the social protection authorities, including in electronic form, for the purposes of decision-making on entrustment. ';
50. In Paragraph 51, the following paragraph 2 is inserted after paragraph 1:
"(2) The Social Protection Authority, which mediates adoption or foster care, shall keep a record of children and of applicants in electronic form in a manner that allows remote access to other social and legal protection bodies that facilitate adoption or foster care under this Act. ';
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
51. in Article 51 (4) (c), the words "the Regional Office" shall be inserted after the words "providing."
52. In Paragraph 53 (1), the following sentence shall be inserted after the first sentence, including footnote 49a: "Obligations to maintain confidentiality under special legislation 49a) shall not be relied upon if information is to be communicated concerning suspected abuse, abuse or neglect of the child.
49a) § 55 (2) of Act No. 20 / 1966 Coll., as amended. '
53. In Article 53, the following paragraph 4 is added:
"(4) For the purpose of the provision of adoption or foster care, applicants for the adoption of a child or for the assignment of a child to foster care shall be required, in the context of the professional assessment referred to in Article 27, to undergo a medical examination, provide information on their state of health and communicate the name, surname and address of their attending physician and the name and address of the medical institution in which they are treated. ';
54. in Paragraph 57, the following paragraph 3 is added:
"(3) Social protection authorities are entitled to process requested personal data to the extent necessary for the performance of tasks under this Act, even if they are personal data identified under special legislation 50a) as sensitive.
50a) Act No. 101 / 2000 Coll., as amended. '
55. in Paragraph 59 (2):
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 272 / 2001 Coll., amending Act No. 359 / 1999 Coll., on the Social Protection of Children, as amended by Act No. 257 / 2000 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.08.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0