Act No. 360 / 1999 Coll.

Law amending certain laws in connection with the adoption of the Act on Social Protection for Children

Valid Law Effective from 01.04.2000
360
THE LAW
of 9 December 1999
amending certain laws in connection with the adoption of the Social Law on the Protection of Children
Parliament has decided on this law of the Czech Republic:

ČÁST TŘETÍ

Amendment to Act No. 99 / 1963 Coll., Civil Code, as amended
Čl. III
Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 269 / 1990 Coll., Act No. 117 / 1994 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1995 Coll., Act No. 54 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 110 / 1995 Coll.
1. In Article 26 (2), the words "The Institute for International Law Protection of Youth (hereinafter referred to as" the Headquarters ") 'are replaced by the words" The Office for International Law Protection of Children (hereinafter referred to as "the Office")';
2. In Article 26 (3), the word "Headquarters' is replaced by the word" Office '.
3. Paragraph 35, including footnote 58, reads:
„§ 35
Participation of the Public Prosecutor
(1) The Prosecutor's Office may intervene in proceedings initiated in respect of:
(a) legal capacity;
(b) death declaration,
(c) registration;
(d) the imposition of an educational measure under § 43 (1) and (2) of the Family Act;
(e) the regulation of constitutional education and the extension of constitutional education,
(f) suspension, restriction or waiver of parental responsibility.
This is without prejudice to the authorization of the Prosecutor-General or, where appropriate, of the Attorney-General to bring an application for the initiation of proceedings under special rules (58).
(2) In such proceedings, the Prosecutor's Office shall be entitled to all acts which may be carried out by a party to the proceedings, unless such acts are carried out only by a party to the legal relationship.
(3) In the cases referred to in paragraph 1 (d) to (f), the Prosecutor's Office may, in the public interest, make an application for the initiation of proceedings if it has not been initiated pursuant to Paragraph 81 (1) and (2) or on the proposal of another applicant.
58) For example, Sections 21 and 29 of Act No. 2 / 1991 Coll., on collective bargaining, Sections 62 and 62a of Act No. 94 / 1963 Coll., on family, as amended by Act No. 91 / 1998 Coll. '
4. In Article 178 (2), the words "the childcare authority and the institution of the municipality which are familiar 'are replaced by the words" the institution which is aware of the social protection body'.
5. In Article 272 (3), the words "child care body 'are replaced by the words" body exercising the social protection of children'.

ČÁST OSMÁ

Amendment to Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended
Čl. VIII
In Article 3 (3) of Act No. 455 / 1991 Coll., on Business Business Act (Trade Code Act), as amended by Act No. 286 / 1995 Coll., Act No. 147 / 1996 Coll., Act No. 19 / 1997 Coll., Act No. 49 / 1997 Coll., Act No. 79 / 1997 Coll., Act No. 217 / 1997 Coll., Act No. 15 / 1998 Coll., Act No. 167 / 1998 Coll. and Act No. 356 / 1999 Coll., the dot at the end of the paragraph is replaced by a comma line and the following text is added:
"(ab) the performance of the social legal protection of children by legal and natural persons, provided that the performance of the social legal protection of children is entrusted under a specific legislation. 23i)
23i) Articles 4 (2) (b) and 48 to 50 of Act No 359 / 1999 Coll., on Social Protection for Children. '

ČÁST DEVÁTÁ

Amendment to Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended
Čl. IX
Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by Act No. 590 / 1992 Coll., Act No. 37 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 307 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 134 / 1997 Coll., Act No. 306 / 1997 Coll., Act No. 93 / 1998 Coll., Act No. 225 / 1999 Coll., and Act No. 356 / 1999 Coll., is amended as follows:
1. in Paragraph 18 (1) (k):
"(k) foster parents carrying out foster care in special establishments shall be carried out by the founder of that establishment;"
2. in Paragraph 36 (n):
"(n) foster parents carrying out foster care in special establishments, the founder of that establishment,";

ČÁST DESÁTÁ

Amendment to Act No. 368 / 1992 Coll., on Administrative Charges, as amended
Čl. X
Act No. 368 / 1992 Coll., on Administrative Charges, as amended by Act No. 10 / 1993 Coll., Act No. 72 / 1994 Coll., Act No. 85 / 1994 Coll., Act No. 273 / 1994 Coll., Act No. 36 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 301 / 1995 Coll., Act No. 151 / 1997 Coll., Act No. 305 / 1997 Coll., Act No. 149 / 1998 Coll., Act No. 157 / 1998 Coll., Act No. 326 / 1999 Coll., Act No. 352 / 1999 Coll., Act No. 357 / 1999 Coll., Act No. 166 / 1999 Coll., Act No. 167 / 1999 Coll., Act No. 223 / 1999 Coll.
1. in Article 9 (2) (a), the words "on the social protection of children" shall be inserted after the word "employment."
2. In Article 9 (2), the following shall be added at the end of the text in point (a): "" except for the fee for the issue or exchange of an exceptional benefit certificate for severely disabled citizens. "
3. The following entry 8a is inserted after entry 8 in the Administrative Duties Schedule:
"Heading 8a
a) Issue of an extraordinary benefit certificate for severely disabled citizens CZK 30, -
b) Issue of a new certificate of emergency benefits for severely disabled citizens due to the destruction or loss of CZK 50, - "

ČÁST JEDENÁCTÁ

Amendment to Act No. 307 / 1993 Coll., amending and supplementing Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended, Act No. 100 / 1988 Coll., on Social Security, as amended, and certain other laws
Čl. XI
Article VIII of Act No. 307 / 1993 Coll., amending and supplementing Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended, Act No. 100 / 1988 Coll., on Social Security, as amended, and certain other laws, shall be repealed.

ČÁST DVANÁCTÁ

Amendment to Act No. 117 / 1995 Coll., on State Social Support, as amended
Čl. XII
Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll., Act No. 132 / 1997 Coll., Act No. 242 / 1997 Coll., Act No. 91 / 1998 Coll. and Act No. 158 / 1998 Coll., is amended as follows:
1. The second sentence of Paragraph 3 (1) reads: "Under this law, the residence of a stranger in the territory of the Czech Republic declared to stay under the special legislation governing the residence of foreigners in the territory of the Czech Republic shall also be regarded as permanent residence, as from the date of 365 days from the date of notification."
footnote 2 is deleted.
2. In Article 5 (5), "April 'is replaced by" July' and "31 March 'is replaced by" 30 June'.
3. in Article 7 (3) (a), the following words shall be added at the end of Article 7 (3) (a), including footnote 7 (a): "and when the child has been assigned to that parent to the joint or alternating education of both parents under a special legislation, 7a) shall be assessed with an undependent minor child by a parent designated by agreement between those parents, provided that the parent can change that agreement only on the first day of the calendar quarter;
7a) § 26 (2) of the Family Act. '
4. In Article 7 (12) (c), the word "court 'is replaced by the words" body exercising the social protection of children'.
5. in Article 7 (12), point (d) shall be deleted;
Points (e) to (h) shall be renumbered as points (d) to (g).
6. in Article 7 (12) (d), the word "guardian" shall be replaced by the word "guardian."
7. in Article 7 (12) (e), the words "foster care law," shall be replaced by the words, including footnote (36): "special legislation, (36)
36) § 45a of the Family Act. '
8. in Article 7 (12) (f), including footnote 18,
"(f) the decision of the institution exercising social legal protection for children under special legislation18) to the care of a person who is interested in becoming a foster parent;
18) § 45b (2) of the Family Act. '
9. In Paragraph 51 (2), "April to 31 March 'is replaced by" July to 30 June' and "31 March 'by" 30 June'.

ČÁST TŘINÁCTÁ

Amendment of Act No. 118 / 1995 Coll., amending and supplementing certain laws in connection with the adoption of the Act on State Social Support
Čl. XIII
Article VII of Act No. 118 / 1995 Coll., amending and supplementing certain laws in connection with the adoption of the Act on State Social Support, is hereby repealed.

ČÁST ČTRNÁCTÁ

Amendment to Act No. 160 / 1995 Coll., amending and supplementing certain laws in connection with the adoption of the Pension Insurance Act
Čl. XIV
Article XVIII (1) of Act No. 160 / 1995 Coll., amending and supplementing certain laws in connection with the adoption of the Pension Insurance Act, is deleted and the designation of point 2 is deleted.

ČÁST PATNÁCTÁ

TRANSITIONAL PROVISIONS
Čl. XV
1. TP, ZTP and ZTP / P licences issued before 1 July 2000 shall be valid for the period indicated therein, but until 31 December 2001 at the latest.
2. The period from 1 April 1999 to which the social bonus and housing allowance are granted under Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll., Act No. 132 / 1997 Coll., Act No. 242 / 1997 Coll., Act No. 91 / 1998 Coll. and Act No. 158 / 1998 Coll., is extended until 30 June 2000. In the case of entitlement to the social bonus and the housing allowance, the same income shall be based on the same income as would be based on the grant of the social bonus and the housing allowance between 1 January 2000 and 31 March 2000.
3. According to Act No 75 / 1997 Coll., on the social contribution to compensation for the increase in heat energy prices, as amended by Act No 242 / 1997 Coll., the calendar quarter from 1 October 1999 to 31 December 1999, is the relevant period for which the income for the calendar quarter is to be collected. The operative period for which the relevant income for the calendar quarter is collected from 1 April 2000 to 30 June 2000 is according to Act No. 132 / 1997 Coll., on the social contribution to the compensation of the increased rent and on the amendment to Act No. 117 / 1995 Coll., on State Social Support, as amended by Act No. 137 / 1996 Coll., as amended by Act No. 242 / 1997 Coll., the calendar quarter from 1 October 1999 to 31 December 1999.

ČÁST ŠESTNÁCTÁ

EFFECTIVE
Čl. XVI
This Law shall enter into force on 1 April 2000, with the exception of Article IV (3), (4), (6) and (7), Article IV (3) and Article IV (4) and (7), Article IV (1) and Article IV (1), Article IV (1) and (2), Article IV (1) and (2), Article IV (2) and (3), Article IV (1) and (3), Article IV (2) and (3), Article IV (3) and (3), Article IV (3) and (2), Article IV (3), Article IV (2) and Article IV (1 (2) and (2) and (a), Article IV (2) and (2) and (3), Article 4) and (2) and Article 4 (2 (3 (2) and Article 4 (a), Article 4 (a) and (a) and (a) and (a) and (a (a) and (a) of Directive (a) and (a) and (a) (a) of Directive (a) and (a) of Directive (a) and Article In points 6 and 16 and Article X (2) and (3), which shall take effect on 1 July 2000.
Klaus v. r.
Havel v. r.
Zeman v. r.

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Regulation Information

CitationAct No. 360 / 1999 Coll., amending certain laws in connection with the adoption of the Act on Social Protection for Children
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation30.12.1999
Effective from01.04.2000
Effective until-
Status Valid
The regulation text is for informational purposes only.
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