Act No 333 / 2012 Coll.
Act amending Act 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, as amended, and other related laws
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Effective from 01.11.2012
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01.11.2012
15.10.2012
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333
THE LAW
of 19 September 2012
amending Act 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, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the 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
Act 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 on the amendment of other laws, as amended by the Constitutional Court Act No. 476 / 2004 Coll., Act No. 562 / 2004 Coll., Act No. 563 / 2004 Coll., Act No. 383 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 189 / 2008 Coll., Act No. 375 / 2011 Coll., Act No. 89 / 2012 Coll., Act No. 7 / 2009 Coll., Act No. 41 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 352 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 89 / 2012 Coll., is amended as follows:
1. Paragraph 1, including the title and footnote 1, reads as follows:
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), generally aged between 3 and 18, or aged persons under 19 (hereinafter referred to as "the child"), on the basis of a decision of the Court on constitutional education or protection education or on a provisional measure of alternative educational care 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.
1) Act No. 40 / 1964 Coll., Civil Code, as amended. '
2. In Article 2 (2), the words "parents or other persons to whom a child has been assigned to education by decision of the competent authority (hereinafter referred to as" persons responsible for education ") 'are replaced by the words" persons responsible for education'.
3. In Article 2, at the end of paragraph 2, the sentence "The establishment shall also provide educational and psychological services in an outpatient form to a child residing outside the establishment referred to in points (a) to (c) of Article 23 (1)."
4. Paragraph 2 (4) reads as follows:
"(4) The facilities also provide care for children who are not citizens of the Czech Republic and fulfil the conditions laid down by the Child Protection Act 3). Where such children cannot be placed in other establishments, in particular for linguistic reasons, they shall be provided with care 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; for these children, separate departments may be established within the various establishments referred to in paragraph 1. ';
5. In Paragraph 2 (6), the words "upon request 'and the words" under the terms of a contract between an uninsured person and an establishment' shall be replaced by "under a contract concluded between an uninsured person and an establishment no later than 1 year after the end of the constitutional education or protective education '.
6. In Article 2 (12), the words "social welfare institution 5) 'are replaced by the words" social services establishment 5)';
footnote 5:
"5) § 34 (1) (c) to (f) of Act No. 108 / 2006 Coll., on Social Services."
7. In Article 3 (2), the words "or secondary professional 'are deleted and the second sentence is replaced by the words" For children who have not achieved primary education or basic education, the establishment shall ensure education according to the relevant training programme.';
8. In Article 4 (3), the words "or in more than one building in a single site set up at least 2 and 'are replaced by the words" set up'.
9. In Article 4 (4), the words "education or health 'are deleted.
10.Paragraph 4 (6) reads as follows:
"(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. ';
11. in Paragraph 5 (1):
"(1) The Diagnostic Institute shall adopt children with an order for interim measures, an order for constitutional education or imposed protective education, and shall, on the basis of the results of a comprehensive examination, the state of health of the children and the spare capacity of each establishment, place them in children's homes, children's homes with a school or educational institution. ';
12. in Article 5 (5), the words "or a written application for admission" shall be deleted;
13. Paragraph 5 (8) reads:
"(8) The Diagnostic Institute places the child in a children's home or in a children's home with the school on the basis of the child's personal documentation and without his previous stay in a diagnostic institution.
(a) in the case of a child under the age of 6;
(b) in the case of a child who has been under the care of a nursing home or an institution for children requiring immediate assistance;
(c) in the case of a child without behavioural disturbances,
(d) in the case of a child with completed diagnosis, drawn up by the Centre; or
(e) in another justified case.
If additional comprehensive examination is required, it shall be carried out by a diagnostic institute at the facility where the child is placed. Paragraph 7 shall be without prejudice. ';
14. in Article 6, paragraph 3 is deleted;
15. Article 7 shall be deleted;
16. in Article 9 (2), the word "long-term" shall be deleted;
17. in Paragraph 10 (1), the word 'are' is replaced by 'may be';
18. in Paragraph 14 (2):
"(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 those children. ';
19. in Paragraph 14 (3), "less than 15 years old" is replaced by "older than 12 years old";
20. In Part One of Title III:
CENTRAL '.
21.
(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.
(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.
(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. ";
22. in Article 18 (2) and (3):
"(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. ';
23. in Article 20 (1) (o), the word "i" and "if there is no prohibition or restriction in the framework of the education measures provided for by this law" shall be inserted after the word "pedagogical worker"; the staff member shall not allow a visit if the child has been banned or reduced by the visits referred to in Article 21 (1) (e) or if the visit endangers health or safety; "
24. In Article 20, at the end of paragraph 1, the dot is replaced by a comma and the following point (q) is added:
"(q) to support and assist upon termination of residence in an establishment in accordance with the aim of reintegration of the child into the family and society.";
25. in Article 20 (2), point (c) is deleted;
Points (d) to (f) shall be renumbered (c) to (e).
26. in Paragraph 20 (4):
"(4) The provisions of paragraph 1 shall apply to the clients referred to in Article 16 (1) (a) and (c) with the exception of points (a) and (o) and paragraph 2 with the exception of point (c).";
27. in Article 20 (5), the words "with the exception of paragraph 2 (c)" shall be deleted;
28. in Article 21 (1), point (d) is deleted;
Points (e) and (f) shall be renumbered as points (d) and (e).
29. in Paragraph 22 (1), "12 hours" is replaced by "6 hours."
30. in Article 23 (1) (c), the words "after completion of compulsory education" shall be deleted and the words "in the context of his studies or work relationship" shall be replaced by the words "in the context of his education or employment."
31. in Article 23 (1) (l), the words "and, if its legal representatives do not fulfil their obligations or do not appear to have a real interest in the child, he is entitled to represent the child also in matters of fundamental importance, if the child's interests so require."
32. In Article 23, the following paragraph 2 is inserted after paragraph 1:
"(2) Furthermore, the Director of the Facility shall have the right:
(a) request the competent social protection authority of the children for information on the circumstances in the family of the child placed in the establishment and, where foster care or adoption is provided to that child, information on the procedure for such mediation;
(b) upon written request, consult the file file kept by the competent authority for the social protection of children of the child placed in the establishment. ";
Paragraph 2 shall become paragraph 3.
33.In Article 24 (1) (i):
"(i) to discuss in advance a measure of fundamental importance with the legal representatives of the child and with the social protection body of children, unless there is a risk of delay, and to inform them without delay of the action taken;"
34. in Articles 24 (1) (l) and 26 (2) (b), the words "to (c)" shall be inserted after the words "Article 23 (1) (a)."
35. in Article 24 (1) (m):
"(m) ensure that the child's personality development programme is implemented and recorded."
36. in Article 24 (2) and (3):
"(2) Furthermore, the Director of the Facility shall:
(a) issue the internal arrangements of the equipment;
(b) notify the appropriate diagnostic institute without delay of changes in the number of children;
(c) to hand over a child under 18 years of age after leaving the establishment to the persons responsible for the education or other persons referred to in the decision on the basis of which the child is released, if the child has not been transferred earlier; at the same time they shall forward to those persons the property of the child;
(d) inform the unemployed person of the possibility of applying for an extension of stay in an establishment pursuant to Paragraph 2 (6);
(e) inform the youth court or public prosecutor, who, under special legislation12a, has left the affected juvenile establishment to the outcome of the measures taken;
f) announce the escape of the child to the police of the Czech Republic immediately after its detection.
(3) The Director of the establishment in the field of state administration
(a) reimbursement of medical costs, medicines and medical devices which are not covered by health insurance if the care has been requested by legal representatives of the child, pursuant to Article 2 (7) (d);
(b) refusal of the application for full direct action pursuant to Article 2 (6);
(c) the placement of the child in accordance with Article 5 (1);
(d) the transfer of the child pursuant to Article 5 (9);
(e) refusal of an application for residence pursuant to Article 23 (1) (a) or (c);
(f) cancellation of stay pursuant to Article 23 (1) (d);
(g) the amount of the allowance to cover the care provided to children or uninsured persons in establishments under § 27 to 29. ';
37.Paragraph 24 (4) shall be deleted;
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
38. In Paragraph 24, the words "and unless the number of children authorised in the school register is exceeded 'shall be added at the end of the text of paragraph 4.
39. in Article 24 (5) (e):
"(e) after the expiry of the provisional measure or after its annulment by a court."
40. In Paragraph 25, "§ 24 (1) (a), (h), (i) and (m)" is replaced by "§ 24 (1) (a), (h) and (i)" and "§ 24 (2) (a), (d) and (f)" is replaced by "§ 24 (2) (a), (c) and (e)."
41. in Article 26 (1), the words "or (c)" shall be added at the end of the text of point (e).
42. In Paragraph 26 (2) (b), "§ 24 (6) (a)" is replaced by "§ 24 (5) (a)."
43. In Paragraph 27 (1), the last sentence is deleted.
44. in Paragraph 27 (2):
"(2) In the event that the child allowance is not paid, the allowance shall be increased by 30%. ';
45. in Article 27, paragraph 4 is deleted;
Paragraphs 5 to 8 shall be renumbered paragraphs 4 to 7.
46. in Article 27 (6), the second sentence is deleted;
47. In Paragraph 27, the following paragraph 8 is added:
"(8) The amount of the allowance shall be rounded up to the top of the crown."
48. Paragraph 28 (1), including footnotes 20 and 21, reads as follows:
(1) A parent who proves that he or the person jointly assessed with him is the recipient of a benefit of assistance in a material emergency under the Law on aid in a material emergency (20) shall not be provided for. A parent who demonstrates that, after payment of the allowance, his or her income would fall below the sum of the life minimum under the Life and Existence Minimum Act (21) and the amount of the standard housing costs under the State Social Support Act (4), the allowance would be set at a level that would maintain that sum; if the contribution thus determined is less than CZK 100, it is not fixed.
20) Act No. 111 / 2006 Coll., on assistance in material distress, as amended.
21) Act No. 110 / 2006 Coll., on Life and Existing Minority, as amended. '
49. in Paragraph 28 (2), "6 months" is replaced by "12 months."
In Article 29 (1) and (2):
"(1) From an orphan's pension 16) a child who has no other income shall be paid up to a maximum of 10% of the allowance.
(2) From the income of a child other than those referred to in paragraph 1, the part of the income exceeding 50% of the amount of the allowance applicable to the relevant age category shall be used to pay the allowance up to the amount of the allowance. ';
51. in Article 29 (3), the words "designated pursuant to Article 27" shall be deleted;
52. In Paragraph 30 (1), the words "if the child was admitted to stay within 15 hours' are deleted.
53.In Article 30 (2), the words' designated pursuant to Article 27 'are deleted.
54. in Article 30 (3), the words "designated pursuant to Article 27," shall be deleted;
55. Paragraph 31 (1) reads as follows:
"(1) Children and dependants to whom full direct provision is provided are entitled to allowance."
56. in Paragraph 31 (2), the last sentence is deleted;
57. in Paragraph 31 (4), the words "within the limits laid down in paragraph 1" shall be deleted;
58. In Article 31, the following paragraph 5 is added:
"(5) The amount of the allowance shall be rounded up to ten crowns."
59. In Article 32 (1), the words "up to the amount referred to in Article 27 (2) 'are deleted.
60. In Article 33, "§ 24 (6) (b) and (c) 'is replaced by" § 24 (5) (b) and (c)' and "with a value of not more than CZK 15,000 'is deleted.
61. In Paragraph 34 (1) (a), the words "the rules on the notification of an escape to the police of the Czech Republic, including an indication of the person entitled to take over the child after his or her detection," shall be inserted after the words "child co-administration."
62. In Paragraph 34 (1) (e), the words "in which, in particular, records of the achievement of the objectives set are kept" shall be inserted after the words "personality development programme," and the words "or (c) shall be added at the end of the text of point (e)."
63. In Article 34 (1), the words "containing the particulars referred to in Article 22 (4) 'shall be added at the end of the text in point (g).
64.
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Regulation Information
| Citation | Act No. 333 / 2012 Coll., amending Act 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, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.10.2012 |
|---|---|
| Effective from | 01.11.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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