What is Act No. 363 / 2021 Coll.?

Act No. 363 / 2021 Coll., amending Act No. 359 / 1999 Coll., on Social Protection of Children, as amended, and other related laws — Act amending Act No. 359 / 1999 Coll., on Social Protection of Children, as amended, and other related laws.

When it became Act No. 363 / 2021 Coll. effectiveness?

Act No. 363 / 2021 Coll. became effective 01.01.2022.

Is Act No. 363 / 2021 Coll. still valid?

Yes, Act No. 363 / 2021 Coll. is still valid and effective.

How many times was it Act No. 363 / 2021 Coll. amended?

Act No. 363 / 2021 Coll. has 7 time versions of the text.

Act No. 363 / 2021 Coll.

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

Valid Law Effective from 01.01.2022

Text versions: 01.01.2028 01.01.2025 31.12.2024 30.12.2023 01.01.2022 All versions (6)

ČÁST PRVNÍ Čl. I „§ 2a „§ 16b „§ 42a „§ 42aa § 42ab § 42b § 42c § 42d § 42e § 42g „§ 47j „§ 47ja „§ 47x „§ 49b „ČÁST OSMÁ § 50b § 50c § 50d § 50e § 50f § 50g § 50h § 50i § 50j § 50k § 50l § 50m § 50n § 50o § 50p § 50q § 50r § 50s § 50t § 50u „§ 52a „§ 59g „§ 64 Čl. II ČÁST DRUHÁ Čl. III ČÁST TŘETÍ Čl. IV ČÁST ČTVRTÁ Čl. V ČÁST PÁTÁ Čl. VI ČÁST ŠESTÁ Čl. VII ČÁST SEDMÁ Čl. VIII ČÁST OSMÁ Čl. IX ČÁST DEVÁTÁ Čl. X ČÁST DESÁTÁ Čl. XI ČÁST JEDENÁCTÁ Čl. XII Čl. XIII ČÁST DVANÁCTÁ Čl. XIV ČÁST TŘINÁCTÁ Čl. XV Čl. XVI ČÁST ČTRNÁCTÁ Čl. XVII „§ 459 „§ 468b ČÁST PATNÁCTÁ Čl. XVIII

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363

THE LAW

of 9 September 2021

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

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Act on Social Protection for Children

Čl. I

Act No. 25 / 2011, Act No. 25 / 2011, Act No. 25 / 2011, Act No. 15 / 2004 Coll., Act No. 15 / 2004 Coll., Act No. 45 / 2004 Coll., Act No. 55 / 2004 Coll., Act No. 55 / 2004 Coll., Act No. 57 / 2005 Coll., Act No. 54 / 2008 Coll., Act No. 54 / 2006 Coll., Act No. 54 / 2006 Coll.

1. In Section 1, the heading reads: "Subject matter of adaptation '.

2. In Article 1, the following paragraph 1 is added:

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

Paragraphs 1 to 3 shall be renumbered paragraphs 2 to 4.

3. In Article 1 (4), the words "or a provision allowance 'shall be inserted after the word" care'.

4. The following Section 2a is inserted after Section 2, including the title:

„§ 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;

1. which has been entrusted to foster care, foster care for a transitional period or pre-foster care,

2. who personally looks after the child in the course of a procedure for conferring the child in his / her foster care or pre-foster care or appointment as a guardian of the child, if he / she has been initiated ex officio,

3. who personally cares for the child, if the proposal to entrust the child to her foster care or pre-foster care or the proposal to appoint her guardian of the child and if such personal care for the child 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. ';

5. In Article 4, the following paragraph 3 is added:

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

(6) Paragraph 4a, including the title, footnote 56 and footnote references, is deleted.

7. in the third sentence of Article 10 (4), the words "The establishment manager referred to in Article 39 (1) (c) 'are replaced by the words" Person operating a constitutional establishment';

12. In Paragraph 14, at the end of paragraph 1, the dot is replaced by a comma and the following points (l) and (m) are added:

"(l) for the abolition of foster care,

(m) the appeal of the guardian. ";

13. in Paragraph 14 (3) (b), "(c) to (i) and (k)" shall be replaced by "(c) to (i) and (k) to (m)";

14. in Article 16a, the following paragraphs 3 and 4 are added:

"(3) The municipal authority of the municipality with extended scope shall issue, at the request of a person, pursuant to § 2a (m). (c) point (2) or (3) for the purposes of deciding on the benefits of foster care and for the purposes of concluding agreements on the exercise of foster care, a statement indicating, if applicable, the person:

(a) according to Paragraph 2a (c) (2), whether the person is personally caring for the child; or

(b) in accordance with Article 2a (c) (3), whether the person is personally caring for the child and whether or not the care of that person is manifestly unfounded.

(4) For the purposes of this Act, the personal care of a child shall always be regarded as manifestly unfounded if:

(a) any parent or guardian may personally take care of the child;

(b) child care has been decided and there has been no substantial change in circumstances;

(d) the care of the person who has unlawfully detained the child; or

(e) is an obvious abuse of the law. ';

15. The following Section 16b is inserted after Section 16a, which includes the title:

„§ 16b

Consent to provide protection and assistance to a child in an institution for children requiring immediate assistance, to provide social services in a home for people with disabilities and services in a children's home for children under 3 years of age

(1) The Municipal Office of the Municipality with extended scope decides on the basis of a request for consent

(a) providing protection and assistance to a child in an institution for children requiring immediate assistance under Section 42a;

(b) by extending the contract of protection and assistance to a child in an institution for children requiring immediate assistance (hereinafter referred to as "the contract of protection and assistance") for a further period of 3 months pursuant to Article 42a (4);

(c) providing social services to a child under 15 years of age in a home for disabled persons under Section 48 of the Social Services Act under contract;

(d) providing services at a children's home for children under the age of 3, pursuant to Section 43 of the Health Services Act under contract.

(2) The request for consent referred to in paragraph 1 (a), (c) and (d) must be made no later than the third working day following the day on which the child is admitted to a child facility requiring immediate assistance, a home for disabled persons or a children's home for children under the age of 3.

(3) The municipal authority of the municipality with extended scope shall give its consent pursuant to paragraph 1 (a) and (b) if there is a reason for providing protection and assistance to a child in an institution for children requiring immediate assistance under Paragraph 42 (1).

(4) The consent referred to in points (a) and (b) of paragraph 1 shall be issued for the period for which the contract for the provision of protection and assistance referred to in Article 42a (4) may be concluded. If it is in the interests of the child, consent may be given for a shorter period.

(5) If, after the consent referred to in paragraph 1 has been given, the circumstances applicable to its issue have substantially changed, in particular the circumstances on the part of the child, of the parents or of other persons responsible for raising the child, the municipal authority of the municipality with extended competence shall initiate ex officio proceedings for the withdrawal of the consent. In this procedure, it shall assess whether the grounds for providing protection and assistance to a child in an institution for children requiring immediate assistance under Section 42 (1) or for providing social services in a home for disabled persons under Section 48 of the Social Services Act or for providing services in a children's home for children under 3 years of age under Section 43 of the Health Services Act. '.

16. In Article 19 (4), the words "on the basis of a specific authorisation issued by the municipal authority of the municipality with extended scope, specifying the name and surname of the employee, his other personal details and the definition of the activity that he may carry out 'shall be deleted.

17. in Article 21 (4) (a):

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

18. in Paragraph 21 (4), point (b), including footnote 21, is deleted;

Points (c) to (f) shall be renumbered (b) to (e).

19. in Article 21 (4) (e):

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

20. in Article 21 (5) (a):

"(a) an application containing the applicant's personal data, which shall include the name and surname, date of birth, nationality and place of permanent residence or place of residence in the Czech Republic according to the type of stay of the foreigner (1a);"

21. in Article 21 (5), point (b) is deleted;

Points (c) to (k) shall be renumbered (b) to (j).

22. in Article 21 (5) (h), the words "the applicant, his spouse, partner or partner who lives with the applicant in the family household" shall be inserted after the words "consent."

23. in Articles 22 (4) and 22 (9) (b), the text "(g)" is replaced by the text "(f)."

24. in Article 24c (3), "(k)" is replaced by "(j)";

25. in § 24c, the following paragraph 5 is added:

"(5) The county authority shall notify the Office without undue delay of the adoption or assignment of the child into foster care provided by the county authority. ';

26. in Article 25 (4) (a), the word "child" shall be deleted;

27. in Article 25 (4) (c):

"(c) the child,

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. Where the authority or organisation referred to in paragraph 2 (b) so requests. ';

28. in Article 27a (3) (b), "(f) and (i)" is replaced by "(e) and (h)";

29. in Article 27a (5), the last sentence shall be replaced by "For the keeping of records, the inclusion of the applicant in the register, the interruption of the holding in the register and the withdrawal from the register shall apply mutatis mutandis."

30. In Article 27a, the following paragraph 10 is added:

"(10) The person in the register shall also provide urgent care for the child at the request of the municipal authority of the municipality with extended scope in the cases referred to in Articles 15 (1), 16 (1) and 37 (1), as a general rule, until the court decides on the application of the municipal authority of the municipality with extended scope to the pre-measure regulation (13)."

31. In Paragraph 29 (1), the words "in school establishments for the performance of constitutional education and protective education26), in homes for disabled persons and in children's homes for children under the age of 3 (28) and in similar institutes (establishments), where specific legislation allows them to be set up by legal or natural persons (hereinafter referred to as the" constitutional establishment ")" shall be replaced by "in constitutional establishments."

footnote 26 is deleted.

32. In Article 29 (1), the word "together" shall be inserted after the word "placed" and the words "at the end of the text of the paragraph" shall be added; this shall not apply in the case of a child up to the age of 3 years, unless the joint placement with siblings is in the best interest of the child to the best interests of the child until the age of 3 years in order to maintain sibling ties. "

33.In Paragraph 29 (2):

"(2) An employee of a municipality with extended competence in the municipal office is obliged

(a) visit, at least once every three months, a child who has been entrusted with the custody of a constitutional establishment by a judgment of the court or who has been ordered to receive constitutional protection treatment;

(b) at least once every 3 months visit the parents of a child who has been entrusted with the custody of a constitutional establishment by a judgment of the court or who has been ordered to receive constitutional protection treatment;

(c) to visit the child referred to in Paragraph 10a (1) without delay after he or she has become aware of it and according to the needs of the child. ";

34. In the second sentence of Paragraph 29 (7), the words "and the obligation to have a specific authorisation to visit a constitutional establishment shall apply mutatis mutandis to paragraph 2 '.

35. in Paragraph 29 (7), the last sentence is deleted;

36. in Paragraph 31 (3), the sentences of the second and third paragraphs are deleted;

37.In Paragraph 34 (5), the last sentence is deleted.

38. in Article 35 (2) (a) and (b), including footnote 73:

"(a) carry out the functions of the receiving and sending authority and the function of the central authority under the directly applicable European Union73), under an international treaty and for the purposes of the declaration of reciprocity;

(b) perform the duties of guardian of the child in foreign-related proceedings;

73) Council Regulation (EC) No 2201 / 2003 of 27 November 2003 on jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility and repealing Regulation (EC) No 1347 / 2000. Council Regulation (EC) No 4 / 2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters of maintenance obligations. Article 2

footnotes 33a and 34 are deleted.

39. in Paragraph 35 (2) (k), including footnote 74:

"(k) gives consent to the placement of a child for the purpose of a procedure under the directly applicable European Union74 Regulation),

74) Article 56 (2) of Council Regulation (EC) No 2201 / 2003 of 27 November 2003 on jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility and repealing Regulation (EC) No 1347 / 2000. Article 82 (5) of Council Regulation (EU) No 2019 / 1111 of 25 June 2019 on jurisdiction, recognition and enforcement of judgments in matrimonial and parental matters and on international child abduction. ';

footnote 34c is deleted.

40. in Paragraph 35 (2), point (l), including footnote 58, is deleted;

Point (m) shall be renumbered as point (l).

41. in Article 35 (4), the words "and (l)" shall be deleted;

42. In Paragraph 38 (1), the word "established 'is replaced by" may be established'.

43.In Paragraph 38 (2), point (a) is deleted.

Points (b) to (f) shall be renumbered (a) to (e).

44. in Paragraph 38 (2), point (d) is replaced by the dot and point (e) is deleted;

45. in Paragraph 39 (2):

"(2) The manager of the social protection facility shall be the authorised person operating the social protection facility under the mandate of the social legal protection provided for in Article 48 (2) (c). ';

46. In Paragraph 42 (1), the second sentence is replaced by the following: "Protection and assistance shall be granted for a transitional period not exceeding a period of normally six months, irrespective of whether it is provided under a contract for the provision of protection and assistance or under a judicial decision."

47. in Article 42 (2) to (4):

"(2) The protection and assistance referred to in paragraph 1 shall be granted to the extent of such activities:

(a) provision of accommodation;

(b) food provision;

(d) assistance for personal hygiene or ensuring conditions for personal hygiene;

(e) facilitating contact with the social environment,

(f) ensuring educational, educational and activity activities;

(g) assistance in the exercise of rights, legitimate interests and in the provision of personal matters;

(h) ensuring socio-therapeutic activities;

(i) provision of health services, psychological and other similar care.

(3) Personal equipment, small objects of ordinary personal use and certain services shall be provided to an unequipped child in an institution for children requiring immediate assistance, taking into account their needs. Personal equipment means in particular laundry, clothing and footwear; Some services mean cutting hair, shaving and pedicure.

(4) In providing assistance and protection for the child referred to in paragraph 1, a child facility requiring immediate assistance shall be required to cooperate with the child's family and to assist the child's family in the handling and provision of matters relating to the child, to provide the members of the child's family with therapy, training of parental and other skills, which the parent or other person responsible for raising the child necessarily needs for the care of the child and the education of the child, in accordance with an individual child protection plan processed by the social protection authority. ';

48.

„§ 42a

Protection and assistance contract

(1) On the provision of protection and assistance to a child in an institution for children requiring immediate assistance, the child shall conclude a contract for the provision of protection and assistance with a person operating an establishment for children requiring immediate assistance which requires written form and shall include the following particulars:

(a) a closer definition of the reasons for placing the child in a child facility requiring immediate assistance pursuant to Article 42 (1);

(b) the scope of the provision of protection and assistance, including the way in which health services are provided and psychological and other similar care for the child;

(d) the manner and amount of remuneration for the provision of protection and assistance to a child in a childcare facility requiring immediate assistance, whereby the amount of such remuneration may be agreed up to a maximum of the amount referred to in Article 42c, and the manner in which it is to be charged; This does not apply if the contract for the provision of protection and assistance for a child is concluded by the municipal authority of the municipality with extended competence or by an uninsured child to whom protection and assistance are provided in an institution for children requiring immediate assistance at its request,

(e) a statement on the health status of the child and identification details of the health insurance undertaking with which the child is insured, if any,

(f) the amount of the care allowance granted under the Social Services Act 65), if the child is entitled to the care allowance,

(g) arrangements for compliance with internal rules for providing protection and assistance to the child;

(h) grounds of notice and periods of notice;

(i) the duration of the contract;

(j) an allowance arrangement if the child is not provided for more than 7 years of age.

(2) The provision of a contract for the provision of protection and assistance shortening the rights of the child or extending his or her obligations against the rights and obligations laid down for the enforcement of judgments under Paragraph 42aa shall not be taken into account.

(3) In order to provide protection and assistance to a child in an institution for children requiring immediate assistance under a contract for the provision of protection and assistance, the consent of the municipal authority of the municipality with extended scope pursuant to Paragraph 16b is required, not for a contract for the provision of protection and assistance concluded for the child by the municipal authority of the municipality with extended scope.

(4) The Treaty on the granting of protection and assistance may be concluded for a maximum period of 3 months consecutive. The duration of the contract for the provision of protection and assistance may be extended by a maximum of 3 months in succession only with the agreement of the municipal authority of the municipality with extended scope or by agreement with it, provided that the contract for the provision of protection and assistance was concluded for the child by the municipal authority of the municipality with extended scope.

(5) In the course of the procedure for the application for consent to the provision of protection and assistance, the obligation to provide protection and assistance shall continue to exist if the obligation is not terminated for another reason.

(6) The obligation under the contract for the provision of protection and assistance will expire on the day following the date on which it becomes legal.

(a) a decision to reject an application for consent to provide protection and assistance to a child in a child facility requiring immediate assistance under a contract to provide protection and assistance;

(b) a decision to reject an application for consent to extend the duration of the contract of protection and assistance; or

(d) a decision to withdraw consent pursuant to Article 16b (5). "

49. The following Sections 42aa and 42ab are inserted after Section 42a:

„§ 42aa

Enforcement of judicial decisions in an establishment

(1) A children's facility requiring immediate assistance may be operated:

(a) the educational measure provided for in Article 13a;

(b) an interim measure under Section 924 of the Civil Code; or

(2) In order to enforce the judgment of the court referred to in paragraph 1, in the light of the specific needs of the children entrusted, the provisions of the Law on the pursuit of constitutional education or protective education in educational establishments shall apply mutatis mutandis:

(a) the rights and obligations of children placed in educational establishments for the performance of constitutional education;

(b) the right of the director of a school establishment for the performance of constitutional education

1. allow the child to stay outside the establishment;

2. prohibit or interrupt the visit of persons responsible for raising the child or other persons in such an establishment,

3. be present when a child opens a letter or parcel;

4. to take valuable items, money or objects that threaten the education, health or safety of the child from the child to temporary storage;

5. represent the child in normal matters,

1. inform the child of his rights and obligations;

2. give the competent court an incentive to abolish constitutional education if the reasons for its regulation have elapsed;

3. to provide information on the child to legal representatives or guardians and social protection bodies at their request,

4. discuss in advance a measure of major importance with legal representatives or the child's guardian, unless there is a risk of delay;

5. inform the competent municipal authority of the municipality of the upcoming release of the child from the establishment with extended scope,

(d) entitlement to and the amount of the allowance.

(3) The rights referred to in paragraph 2 (b) shall be exercised and the obligations referred to in paragraph 2 (c) shall be carried out in an institution for children requiring immediate assistance by the Director of an institution for children requiring immediate assistance. The Director of an institution for children requiring immediate assistance in decision-making as referred to in paragraph 2 (a) shall be appointed by the administrative authority. (b) is the regional office in whose district there is an establishment for children requiring immediate assistance.

§ 42ab

Basic operational and personnel standards

(1) A device for children requiring immediate assistance is required to provide services and to ensure its operation continuously.

(2) A facility for children requiring immediate assistance may only operate in an object or premises that allows the child to be admitted, to accommodate and prepare children for school classes, meals, interest and other leisure activities.

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Regulation Information

Citation	Act No. 363 / 2021 Coll., amending Act No. 359 / 1999 Coll., on Social Protection of Children, as amended, and other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	08.10.2021
Effective from	01.01.2022
Effective until	-
Status	Valid

Legal Areas: Civil law Civil law substantive Education, Education, Education Administrative law

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