What is Act No 359 / 1999 Coll.?

Act No. 359 / 1999 Coll., on Social Protection of Children — Law on Social Protection of Children.

When it became Act No 359 / 1999 Coll. effectiveness?

Act No 359 / 1999 Coll. became effective 01.04.2000.

Is Act No 359 / 1999 Coll. still valid?

Yes, Act No 359 / 1999 Coll. is still valid and effective.

How many times was it Act No 359 / 1999 Coll. amended?

Act No 359 / 1999 Coll. has 51 time versions of the text.

Act No 359 / 1999 Coll. - Law on Social Protection of Children

359

THE LAW

of 9 December 1999

on social protection for children

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

Subject matter

(1) This law regulates the social protection of children and the provision of mature or fully qualified natural persons after the disappearance of foster care or constitutional education.

(2) Social and legal protection of children (hereinafter referred to as "social") means in particular:

(a) protection of the child's right to favourable development and proper education;

(b) the protection of the child's legitimate interests, including the protection of his or her assets;

(c) action towards the restoration of impaired functions of the family;

(d) ensuring a replacement family environment for a child who cannot be permanently or temporarily raised in his or her own family.

(3) The special legislation governing the protection of the rights and legitimate interests of the child shall remain without prejudice.

(4) This law shall apply to legal relationships which are not covered by a directly applicable European Union law in the field of foster care benefits or provision allowance (55).

§ 2

(1) For the purposes of this Act, a child means a minor person (1) In the case of minors who have acquired full capacity, social protection shall be granted only to the extent provided for in Sections 8 (1), 10 (3) (a), (b), 29, 32 and 34. When providing social legal protection in such cases, the competent social legal protection authority shall fully respect the will of a child who has acquired full professional capacity.

(2) Social protection is granted to a child who is in the Czech Republic

(a) has permanent residence;

(b) has been authorised for permanent residence in the territory of the Czech Republic or is declared for residence in the territory of the Czech Republic for at least 90 days under special legislation (1a);

c) has submitted an application for international protection in the Czech Republic,

(d) is entitled to reside, 2)

e) is staying with a parent who has submitted an application for international protection or residence permit for temporary protection in the Czech Republic or who is residing on the basis of a granted residence permit for temporary protection in the Czech Republic under special legislation, 2a)

(f) resides with a parent residing in the territory of the Czech Republic on the basis of a certificate of residence in the territory of the Czech Republic under special legislation (63) or who is an asylum seeker or a person enjoying supplementary protection; or

(g) is an asylum seeker or beneficiary of supplementary protection.

(3) To the extent provided for by this Act (Sections 37 and 42), social and legal protection is also granted to a child who is not allowed to reside on the territory of the Czech Republic or is not declared to reside 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, nor is he authorised to reside in the territory of the Czech Republic under the special legislation (2).

§ 2a

Definition of certain terms

For the purposes of this Act:

(a) by another person responsible for the raising of the child, a natural person who has been assigned to personal care by a decision of the court, from the date of enforcement of such a decision;

(b) a person in the register who is kept in the register of persons who may pursue foster care for a transitional period;

(c) a person caring for a natural person;

1. which the child has been entrusted to foster care, foster care for a transitional period, pre-foster care or care under Section 953 of the Civil Code,

2. who personally cares for the child in the course of proceedings for the custody of the child, for foster care or for pre-foster care or for the appointment of the child's guardian, if it has been initiated ex officio,

3. who personally cares for the child if the proposal to entrust the child to her or the foster care or pre-foster care or the proposal to appoint her or the child's guardian is manifestly unfounded,

4. which is the guardian of the child if he is personally caring for the child,

(d) an uninsured child who is not provided for under a law governing State social assistance;

(e) the institution of a childcare facility or a youth facility providing full direct arrangements;

(f) provision of full direct arrangements is the provision of catering, accommodation and clothing.

§ 3

(1) An Office for International Law Protection of Children (hereinafter referred to as the Office), based in Brno, is hereby established. The Office shall be a national administrative authority; is subordinate to the Ministry of Labour and Social Affairs ("the Ministry ').

(2) The Director shall be Head of the Office; its selection, appointment and appeal are governed by the Civil Service Act.

§ 4

(1) Social and legal protection is provided by social and legal protection bodies, which are:

(a) regional authorities;

(b) municipal authorities with extended scope,

(c) municipal and local authorities; the provisions of this Act on municipal offices also apply to local authorities,

(d) the Ministry;

(e) the Office;

(f) Office of Labour of the Czech Republic - Regional Branch and Branch for the City of Prague ("Regional Branch of the Labour Office").

(2) Social and legal protection is further ensured by:

(a) municipalities under separate jurisdiction;

(b) regions under separate jurisdiction;

(c) the Social Protection Commission,

(d) other legal and natural persons entrusted with the exercise of social protection (hereinafter referred to as "the delegate").

(3) The municipal authority of the municipality with extended competence shall exercise jurisdiction in the field of social law protection, unless the authority is entrusted to another social law authority.

§ 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).

ČÁST DRUHÁ

BASIC PROVISIONS OF SOCIAL-LEGAL PROTECTION

§ 5

The main aspect of social protection is the interest and well-being of the child, the protection of parenthood and family, and the mutual right of parents and children to parental education and care. The wider social environment of the child is also taken into account.

§ 6

Social protection focuses mainly on children,

(a) whose parents:

1. They died,

2. fails to fulfil obligations arising from parental responsibility; or

3. do not exercise or abuse rights arising from parental responsibility;

(b) which have been assigned to the education of another person responsible for the raising of the child, unless that person fulfils the obligations arising from the assignment of the child to the education of the child;

(c) which lead an idle or obscene life consisting mainly of neglecting school attendance, not working, even if they do not have a sufficient source of livelihood, drinking alcohol or addictive substances, being threatened by addiction, feeding on prostitution, committing a crime or, if they are children under 15 years of age, committing an act which would otherwise be a criminal offence, 4) repeatedly or continuously committing offences under the law governing offences or otherwise endangering civil cohabitation;

(d) who has repeatedly committed escape from parents or other natural or legal persons responsible for raising the child;

(e) on which a criminal offence threatening life, health, freedom, human dignity, moral development or property has been committed or is suspected of committing such an act;

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

(g) which are threatened by domestic violence (81), or by violence among other natural persons;

(h) which are applicants for international protection, asylum seekers or beneficiaries of additional protection and who are unaccompanied by parents or other persons responsible for their education in the Czech Republic;

if they persist for such a period or are of such intensity as to adversely affect the development of children or are or may be the cause of the adverse development of children.

§ 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) address the problems of the child in its natural social environment.

§ 7

(1) Everyone is entitled to draw attention to the poor behaviour of children by their parents.

(2) Everyone is entitled to draw the attention of the social protection body to infringements or abuses of parental liability rights, to the fact that parents cannot fulfil the obligations arising from parental responsibility or to the facts referred to in § 6 (b) to (h); This shall be without prejudice to the obligation arising from specific legislation. 6)

§ 8

(1) The child has the right to request social protection bodies and social protection facilities, state bodies which, under special legislation7) are also responsible for protecting the rights and legitimate interests of the child, the mandates, schools, educational establishments and health services providers for the protection of their lives and other rights; those authorities, legal and natural persons and the authorised persons shall be obliged to provide adequate assistance to the child. The child has the right to ask for help even without the knowledge of the parents or other persons responsible for raising the child.

(2) A child who is able to formulate his or her own opinions has the right to express those views freely for the purposes of social protection when discussing all matters affecting him or her, even without the presence of parents or other persons responsible for raising a child. The expression of the child shall pay due attention to his or her age and maturity when dealing with all matters relating to him or her. In its activities, the social protection body shall take into account the wishes and feelings of the child, taking into account the child's age and development, so as not to jeopardise or undermine his emotional and psychological development.

(3) A child who is able to assess the scope and relevance of decisions resulting from judicial or administrative proceedings 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; a child older than 12 years of age is deemed to be able to receive information, create an opinion of his or her own and communicate it.

§ 9

The parent or other person responsible for raising the child shall have the right, in the exercise of his or her rights and obligations, to seek assistance from the social protection body, the State authorities to which, under the special legislation7) the protection of the rights and legitimate interests of the child and, where appropriate, the authorised person; those authorities, within the scope of their competence and the authorised persons, shall be required to provide such assistance.

§ 9a

(1) In order to protect the child and to provide assistance to the parents or other persons responsible for raising the child, it is necessary to take the necessary measures of social legal protection under Part Three if a situation threatens the proper upbringing and favourable development of the child, which parents or other persons responsible for raising the child cannot or cannot deal with themselves.

(2) Social protection measures must be chosen in such a way that they are linked and influenced by each other. In the exercise and implementation of measures, priority shall be given to those which ensure proper education and the favourable development of the child in his or her family environment and, if this is not possible in the alternative family environment in order to enable the child to return to his or her own family; This shall be done using methods of social work and procedures corresponding to current scientific knowledge.

(3) Social and legal protection bodies, facilities for children requiring immediate assistance and authorised persons are required to follow social and legal standards of social and legal protection, which are criteria determining the level of quality of provision of social and legal protection. The quality standards of social protection are assessed by the system of points.

(4) Quality standards for social protection include:

(a) principles and points of assessment of the performance of social protection;

(b) standards of social work with the client;

(c) standards of personnel and organisation ensuring the performance of social protection;

(d) technical and operational security of social protection.

ČÁST TŘETÍ

SOCIAL-LEGAL PROTECTION MEASURES

HLAVA I

PREVENTIVE AND ADVISORY ACTIVITIES

§ 10

(1) The Municipal Office shall:

(a) seek out the children referred to in Section 6;

(b) to act on parents to fulfil their obligations under parental responsibility;

(c) discuss with parents the removal of child-bearing shortcomings;

(d) discuss shortcomings in the child's behaviour with the child;

(e) provide or provide advice to parents, at their request, on the application of the rights of the child under special legislation, 9)

(f) notify the municipal authority of the municipality with the extended scope of the fact that they are children referred to in § 6.

(2) In the exercise 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 to facilitate the provision of assistance to children, parents or other persons responsible for education, or to facilitate contact between such persons and the professional service provider.

(3) The municipal authority of the municipality with extended scope is obliged

(a) monitor adverse effects on children and identify the causes of their development;

(b) take measures to limit the effects of adverse effects on children;

(c) regularly assess the situation of the child and his family, in particular in the light of the assessment of whether the child is a child referred to in Article 6, according to the type and extent of the measures necessary to protect the child, and assist the parents or other persons responsible for raising the child;

(d) develop, on the basis of an assessment of the situation of the child and his family as referred to in point (c), an individual child protection plan defining the causes of the child's threat, setting out measures to ensure the protection of the child, providing assistance to the family of the child at risk and strengthening the functions of the family and setting out a timetable for the implementation of such measures, in cooperation with the parents or other persons responsible for raising the child, the child and the experts involved in dealing with the problem of the child and his family;

(e) organise case conferences to address specific situations of children at risk and their families, in cooperation with parents and other persons responsible for raising children, other persons admitted, in particular representatives of schools, educational establishments, health service providers, social institutions, police of the Czech Republic, prosecutors, family-support professionals, social services providers and authorised persons; Article 38 (7) applies mutatis mutandis to participation in a case conference;

(f) inform the child referred to in Article 6 clearly of his rights as a criminal offence, in particular the right to the provision of an agent and the right to compensation and non-property damage.

(4) State bodies, mandates, schools, school establishments and health care providers or childcare services in a children's group, or other facilities intended for children, are required to notify the municipality of the municipality with the extended scope of the fact that they are children referred to in Section 6 without undue delay after they have become aware of this fact. If the person who has made the notification pursuant to the first sentence so requests, the municipal authority of the municipality with extended scope shall inform him within 30 days of the date on which the notification was received whether, on the basis of the facts set out in the notification, he or she found that the child was referred to in § 6. The person operating a constitutional establishment shall be obliged, when the child is admitted to the establishment, to report this fact without undue delay to the municipal authority of the municipality with extended scope, whose administrative district the child has permanent residence and, if not known, the municipal authority of the municipality with extended competence, whose administrative district the establishment to which the child has been admitted. In carrying out the obligations under the first and third sentences, the obligation to remain silent under a specific legislation may not be invoked.

(5) Individual child protection plan

(a) it shall process, with emphasis on taking measures to enable the child to remain in the care of the parents or other persons responsible for raising the child;

(b) draw up, from the beginning of the period of social protection, no later than 1 month after the child has been entered in the register of the municipal authority of the municipality with extended competence;

(c) regularly update, in particular in situations where educational measures are imposed, constitutional education, protection education or when the child is entrusted to an institution for children requiring immediate assistance, foster care or other replacement education.

§ 10a

(1) The health service provider is obliged to notify without delay to the municipal authority of the municipality with extended competence that the mother has left the child after the birth of the child and has left them in his or her healthcare establishment or that none of the parents, caregivers or other relatives or close children have maintained personal contact with the child hospitalized in the healthcare establishment for more than 14 days.

(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) Paragraph 10 (4) of the last sentence shall apply mutatis mutandis when carrying out the obligations referred to in paragraphs 1 and 2.

(4) The institution of social protection, which is obliged to inform the parents of the adopted child under the Civil Code that the child has been given care to the future teacher, is the municipal authority of the municipality with extended scope.

§ 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 such foster parents and other natural persons who form up with the household.

§ 11a

Preventive and advisory activities under § 10 (1) (b), (c) and (e) and advisory activities under § 11 (1) (a) shall also be provided to other persons responsible for raising the child.

HLAVA II

Measures to protect children

§ 12

(1) The municipal authority of the municipality with extended competence may require parents to use professional advice if 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;

(c) have not used the possibilities of professional advice needed to overcome family problems and to avert the placement of a child in foster care or have been heedless of the recommendation to cooperate with authorised persons, providers of professional advisory services or mediator.

(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.

(3) The municipal authority of the municipality with extended competence may impose the obligations referred to in paragraph 1 on other persons responsible for raising the child.

(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.

Education measures

§ 13

(1) If this requires an interest in the proper education of the child, the municipal authority of the municipality with extended scope may:

(a) to warn the child, parents, other persons responsible for raising the child in an appropriate manner, or, where appropriate, to those who undermine the proper care of the child,

(b) establish supervision of the child and carry it out in cooperation between the school and, where appropriate, other institutions and persons operating mainly in the place of residence or place of work of the child;

(c) impose restrictions on the effects of harmful effects on the raising of the child, in particular the prohibition of certain activities, visits to certain places, events or facilities which are not appropriate for the person concerned and the development of the child, or

(d) impose on the child, parents or other persons responsible for raising the child an obligation to use professional advice or to impose an obligation to participate in the first meeting with a registered mediator within 3 hours or in therapy; Paragraph 12 (1) is without prejudice to this.

If the municipal authority of the municipality did not do so with extended scope, the court may decide on such educational measures under the same conditions.

(2) The municipal authority of the municipality with extended competence in deciding on the educational measures referred to in paragraph 1 shall take account of the fact that the treatment of deficiencies under paragraphs 10 (1) (b) to (d) or the imposition of obligations under paragraphs 12 (1) and (3) has not led to correction.

(3) The municipal authority of the municipality with extended competence may request the competent municipal authority to monitor compliance with the educational measures it has decided on.

(4) The municipal authority of the municipality with extended scope shall abolish the educational measure imposed by it,

(a) if it fulfils its purpose; or

(b) if it fails to fulfil its purpose; it may decide to impose another educational measure or choose other appropriate social protection measures;

(c) if the ratios change; point (b) of the sentence after the semicolon shall apply mutatis mutandis.

§ 13a

(1) If the interests of the child and the educational measures referred to in Article 13 (1) have not been remedied, the court may temporarily withdraw the child after 4 years from the care of the parents or other persons responsible for raising the child; order the child to stay for no more than 3 months

(a) a training centre or an establishment for children requiring immediate assistance; or

(b) home for disabled persons.

(2) If it is not possible to provide the child with the necessary protection and assistance by other educational or social protection measures, and at the same time it is not possible to provide the child with alternative family care, in particular foster care for a transitional period, the court may decide to entrust the child after 4 years in the care of a child-care facility requiring immediate assistance under paragraph 1 (a), if it is for the child,

(a) in a state of lack of proper care or if the child's life, normal development or other important interest is seriously threatened or disturbed;

(b) which has been found without care of adequate age;

(c) physically or mentally abused or abused; or

(d) which has been found in an environment or situation which seriously endangers its fundamental rights.

(3) In the decision, the Court of First Instance shall designate the establishment in which the child is to be placed pursuant to paragraph 1. In doing so, it shall take into account the interests of the child and the observations of the municipality with extended scope. The Court of First Instance shall ensure that the child is placed as close as possible to the residence of the parents or other persons of the loved ones.

(4) The Court of First Instance may, exceptionally, extend the duration of the educational measure referred to in paragraph 1, in particular where the parents or other persons responsible for the raising of the child have demonstrated that they are in a position to take the child into personal care. The total duration of the continuous training measure referred to in paragraph 1 shall not exceed 6 months.

Citation	Act No. 359 / 1999 Coll., on Social Protection of Children
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	30.12.1999
Effective from	01.04.2000
Effective until	-
Status	Valid

Act No 359 / 1999 Coll.

Law on Social Protection of Children

Contents