What is Full text of Act No 373 / 2006 Coll.?

Full text of Act No. 373 / 2006 Coll., Act No. 359 / 2006 Coll., on Social Protection of Children, as seen from subsequent amendments — Full text of Act No. 359 / 2006 Coll., on Social Protection for Children, as seen from subsequent amendments.

When it became Full text of Act No 373 / 2006 Coll. effectiveness?

Full text of Act No 373 / 2006 Coll. became effective date not available.

Is Full text of Act No 373 / 2006 Coll. still valid?

Yes, Full text of Act No 373 / 2006 Coll. is still valid and effective.

Full text of Act No 373 / 2006 Coll. - Full text of Act No. 359 / 2006 Coll., o...

373

PRESIDENT OF THE GOVERNMENT

Announces

full text of Act No. 359 / 1999 Coll., on Social and Legal Protection of Children, as resulting from amendments made by Act No. 257 / 2000 Coll., Act No. 272 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 518 / 2002 Coll., Act No. 222 / 2003 Coll., Act No. 52 / 2004 Coll., Act No. 315 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 57 / 2005 Coll., Act No. 381 / 2005 Coll., Act No. 134 / 2006 Coll.

THE LAW

on social protection for children

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

Social-legal protection of children

(1) 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) activities aimed at restoring the impaired functions of the family.

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

§ 2

(1) For the purposes of this Act, a child means a minor (1).

(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) apply for asylum in the Czech Republic,

(d) is entitled to residence2); or

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

(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).

§ 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 Head of the Office shall be the Director appointed and dismissed by the Minister for Labour and Social Affairs.

§ 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 authorities;

(d) the Ministry;

(e) The 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").

ČÁST DRUHÁ

BASIC PRINCIPLES OF SOCIAL-LEGAL PROTECTION

§ 5

The main aspect of social protection is the interest and well-being of the child.

§ 6

(1) Social legal protection focuses mainly on children,

(a) whose parents:

1. They died,

2. fails to fulfil the obligations arising from parental responsibility (3); or

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

(b) who have been assigned to the education of a natural person other than the parent, provided that such person does not fulfil the obligations arising from the assignment of the child to the education of the child;

(c) which lead a strenuous or obscene life consisting, in particular, of neglecting schooling, not working, even if they do not have a sufficient source of livelihood, consume alcohol or addictive substances, feed on prostitution, commit a crime or, if children under 15 years of age, commit an act which would otherwise be a criminal act (4), repeatedly or continuously commit offences (5) or otherwise threaten 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 affecting life, health, human dignity, moral development or property has been committed or is suspected of committing such an offence;

(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 violence between parents or other persons responsible for raising the child, or by violence among other natural persons;

(h) which are asylum seekers separated from their parents or other persons responsible for their education;

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.

(2) For the purposes of this Act, other natural or legal persons responsible for the raising of a child shall mean persons who have been entrusted with the child in education by decision of the competent authority (hereinafter referred to as "persons responsible for the raising of the child ').

§ 7

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

(2) Each person shall be entitled to draw the attention of the social protection authority 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 (1) (b) to (h); This is without prejudice to the obligation arising from the specific legislation6).

§ 8

(1) The child has the right to apply for social protection and social protection facilities, state bodies which, under the special legislation7) are also responsible for protecting the rights and legitimate interests of the child, the mandates, schools, educational establishments and health institutions 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 importance of a decision resulting from a judicial or administrative procedure 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 his or her person.

§ 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.

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 Article 6 (1);

(b) to act on parents to fulfil obligations arising from parental responsibility;

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

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

(e) monitor whether, on the basis of control authorities8), children are prevented from accessing an environment that is threatening to develop and educate them;

(f) to advise parents, at their request, on the application of the child's claims under specific legislation9);

(g) notify the municipality of the municipality with the extended scope of the fact that they are children referred to in § 6 (1).

(2) The municipality and the region of the municipality create conditions for the cultural, sporting, other interest and educational activities of children.

(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.

(4) State bodies, mandates, schools, educational establishments and health establishments, or other facilities intended for children, are required to notify the municipality of the municipality with an extended scope of the fact that they are children referred to in Article 6 (1), without undue delay after they have become aware of such facts. The operator of the equipment referred to in Section 39 (1) (b) shall: (c) when the child is admitted to the establishment, he shall be obliged to report this fact without undue delay to the municipal authority of the municipality of the municipality of the enlarged jurisdiction in whose administrative district the child is resident and, if this stay is not known, to the municipal authority of the municipality of the enlarged jurisdiction in which the establishment in which the child was admitted is situated. In carrying out the duties under the first and second sentences, the obligation to remain silent under the special legislation9a cannot be invoked.

(5) A medical institution shall be obliged to ensure the recording of the accident when treating a child's injury in the event of suspected child abuse, child abuse or neglect of care. An accident alert (hereinafter referred to as an alert) shall be made by the person accompanying the child, or by the child himself, if it has been made available for the treatment of an accident unaccompanied by another person and if it is possible with regard to his age and reasonable maturity. In the alert, the person accompanying the child shall indicate how the accident occurred; The same obligation shall apply to the child when the alert is completed by that child. If the health care institution finds that the nature of the injury does not correspond to a description of the accident reported by the accompanying person or, where appropriate, by the child, it shall state that fact on the record. Where the accompanying person or, where appropriate, the child refuses to carry out the alert, the health care establishment shall indicate this fact in the alert.

(6) The record must be sent to the municipal authority of the municipality with extended scope.

(7) Compliance with the obligations referred to in paragraphs 5 and 6 shall be without prejudice to the notification obligation of the medical establishment under specific legislation. When carrying out the duties referred to in paragraphs 5 and 6, the last sentence of paragraph 4 shall apply mutatis mutandis.

§ 10a

(1) The health care facility shall immediately notify the municipality of the enlarged place of responsibility that the mother has left the child after the birth and left them in the hospital.

(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.

§ 11

Consultancy

(1) Municipal authority of the municipality with extended scope

(a) assist parents in solving educational or other problems related to childcare;

(b) advise or advise parents in the education and education of the child and in the care of the disabled;

(c) organise, in the framework of advisory activities, lectures and courses aimed at addressing educational, social and other problems related to child care and education;

(d) provide advice to persons appropriate to become an adopter or foster parents in connection with the adoption of a child or the assignment of a child to foster care, in particular on matters relating to the upbringing of a child.

(2) The Regional Authority shall:

(a) the preparation of natural persons who are fit to become adopters or foster parents for the admission of a child to the family and provide them with advisory assistance related to the adoption of a child or the assignment of a child to foster care, including special training for the adoption of a child by a foster child for a transitional period;

(b) advice to adopters or foster parents on the adoption of a child or the conferral of a child into foster care, in particular on matters of education.

(3) The Regional Office may also provide for the preparation and advisory assistance referred to in paragraph 2 in cases of detention, where the guardian personally looks after the child, or in cases where the child is entrusted to education under Section 45 of the Family Act.

(4) The Regional Office shall be obliged to consult at least once a year on the performance of foster care. In addition to experts in the management of educational and social problems, the consultation shall also involve foster parents who are resident in the region; The consultation may also be attended by children entrusted to these foster homes and other natural persons who form up with the foster homes 9b).

(5) The preventive and advisory activities referred to in Article 10 (1) (b), (c) and (f) and the advisory activities referred to in paragraph 1 (a) and (b) shall also be provided to other persons responsible for raising the child.

§ 12

(1) The municipal authority of the municipality with extended competence may require parents to use the assistance of a professional advisory establishment where 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.

(2) The municipal authority of the municipality with extended competence is obliged to provide assistance to parents after the child has been placed in an establishment for the performance of constitutional education (§ 28), or to a facility for children requiring immediate assistance (§ 42), consisting in in particular of helping to organise family conditions which would enable the child to return to the family, in order to deal with the living and social situation, including the material level of the family, in cooperation with social security authorities, labour authorities and other state and other authorities, and to this end also provides parents with assistance of advisory facilities.

(3) The municipal authority of the municipality with extended competence may impose the obligations referred to in paragraph 1 and provide assistance under paragraph 2 to other persons responsible for raising the child.

§ 13

Education measures

(1) The Municipal Office shall decide on the measures provided for in the specific legislation10), unless the court so decides; take into account that the examination of the deficiencies under Article 10 (1) (b) to (d) did not lead to a correction. A copy of the decision shall be sent by the municipal authority to the municipal authority of the municipality with extended scope.

(2) The Municipal Authority shall monitor compliance with the measures it has decided. The municipal authority or municipal authority of the municipality with extended jurisdiction shall monitor compliance with the measures taken by the courts (10) if the court so requests.

HLAVA II

MEASURES TO PROTECT CHILDREN

§ 14

(1) The municipal authority of the municipality with extended jurisdiction submits a proposal to the court under the conditions laid down in the special legislation11)

(a) a decision to fulfil the conditions of adoption, consisting of the fact that parents do not show any interest in their child;

(b) the restriction or withdrawal of parental responsibility or suspension of the exercise of parental responsibility;

(c) the Regulation of Constitutional Education;

(d) the extension or withdrawal of constitutional education;

(e) to entrust the child to the care of a child requiring immediate assistance, to extend the duration of such entrust and to revoke the decision to entrust the child to that institution.

(2) Where the measures taken by a court under special legislation (10) have led to a remedy in the behaviour of a child, in the conduct of parents or other persons who have disturbed the proper raising of a child, the municipal authority of the municipality may, with extended jurisdiction, submit a request to the court to abolish those measures.

(3) The Municipal Office shall initiate the Court of First Instance on measures relating to the upbringing of children under special legislation (12). The municipal authority shall immediately inform the municipality of the application to the court of the extended application.

(4) The municipal authority of the municipality with extended jurisdiction provides for the cooperation of the court in the enforcement of the decision on the education of minors under special legislation 12a).

§ 15

(1) If a child without care adequate to his or her age, in particular as a result of the death of his or her parents or stay in a healthcare establishment, the municipal authority is obliged to provide immediate care for such child; when providing such care, it shall generally give priority to a relative of the child. The municipal authority shall immediately inform the municipality of that measure with extended scope.

(2) In the case referred to in paragraph 1, the municipal authority of the municipality shall assess whether the rights of the child and the justified needs of the child are adequately secured or whether further measures are needed to protect the child.

§ 16

If a child is present without any care or if his or her life or favourable development is seriously threatened or disturbed, the municipal authority of the municipality with extended jurisdiction shall without delay submit an application to the court for interim measures under special legislation13).

§ 16a

(1) The municipal authority of the municipality with extended competence shall assess whether it is necessary to take measures to protect the child if, with the consent of the parent or other person responsible for raising the child without a decision of the competent authority, the child is submitted to the care of a person who intends to receive the child in permanent or long-term care. The municipal authority of the municipality with extended competence shall take such measures in particular where the person who has taken over the child into custody does not, without undue delay, submit to the competent authority a proposal to adopt the child, to entrust the child to foster care or to a natural person who is interested in becoming a foster parent, to entrust the child to the upbringing of a natural person other than the parent or to any other legal regulation of his relationship with the child under the special legislation 13a).

(2) The municipal authority of the municipality with extended competence shall assist the person to whom the child has been transferred to the care referred to in the first sentence of paragraph 1 in resolving problems related to the care of the child, in submitting proposals to the competent authorities for adjusting the legal relationship of that person to the child and in applying claims, in particular in the social field.

§ 17

Municipal office of the municipality with extended scope

(a) perform the duties of guardian and guardian (14); may be appointed by the guardian even if the child is represented abroad,

(b) take urgent action in the interests of the child and on his behalf at a time when a guardian is not appointed to the child or until the appointed guardian takes up his functions15).

§ 18

A statement under special legislation (16) shall be submitted to the court in proceedings for the assignment of a child to foster care or the adoption of a child by the Regional Office if it has facilitated the assignment of a child to foster care or the adoption of a child (§ 24) or by the Ministry if it has facilitated the assignment of a child to foster care or the adoption of a child (§ 24a); in other cases, this statement shall be submitted by the municipal authority of the municipality with extended scope.

HLAVA III

ACTIVITIES OF SOCIAL-LEGAL PROTECTION AUTHORITIES IN THE CONFIDENCE OF KIDS TO EACH PHYSICAL PERSONS OTHER THAN FAMILY

§ 19

(1) The municipal authority of the municipality with extended scope decides to entrust the child

(a) to the care of future adoption17) if the child is in an institution or an institution for children requiring immediate assistance at the discretion of the court or parents, except in the case referred to in paragraph 2;

(b) to the care of a natural person who is interested in becoming a foster child (18) if the child is in an institution or in an institution for children requiring immediate assistance by decision of the court or with the consent of the parents;

the delegation of information to the competent court within 15 days of the date of the decision. The municipal authority of the municipality with extended competence shall be entitled to decide whether to entrust the child to the care of a future adopter or to the care of a future foster parent, if not the case referred to in § 20 (3), only to the applicant who is mentioned in the notification of the Regional Office or Ministry pursuant to § 24 (3) or § 24a (4).

(2) The Office shall decide whether to entrust the child to the care of future adoptions19), where the child is taken abroad or abroad.

(3) The municipal authority of the municipality, with extended scope, accepts the parents' written consent to adopt the child 20).

(4) Where a child is entrusted to foster care or is taken over by a future foster child on the basis of a decision pursuant to paragraph 1 (b), the State Social Support Office, which provides a contribution to the child's needs under special legislation 20a) a proposal by the court for the maintenance of that child, and where the compulsory natural person does not pay the maintenance provided for, shall submit a request for enforcement.

(5) The municipal authority of the municipality with extended competence shall monitor the development of children who have been entrusted with the education of natural persons other than parents; In so doing, the staff of the municipality with extended competence shall be obliged to visit the family where the child lives and, where appropriate, other environment where the child resides, at least once every 3 months in the period of the first 6 months of care to replace the care of the parents, and thereafter in accordance with the interests of the child as required, but at least every 6 months in the light of a special authorisation issued by the municipal authority of the municipality with extended scope, indicating the name and surname of the employee, his further personal data and defining the activity that that he may carry out.

HLAVA IV

ENTERTAINMENT OF RESOLUTION AND PULTURE

§ 19a

(1) Achieving and foster care consists of:

(a) in the search for children referred to in Article 2 (2) fit for adoption or for custody;

(b) in the search for natural persons who are fit to become adopters or foster parents;

(c) in the training of natural persons fit to become an adopter or foster parents for the admission of a child to the family;

(d) in the selection of a natural person, appropriate to become an adopter or foster parent of a particular child to whom adoption or foster care is provided, and to ensure that the child is personally acquainted with that person.

(2) The provision of adoption and foster care referred to in paragraph 1 (d) may not be carried out by other authorities, legal or natural persons other than those referred to in Article 4 (1).

§ 20

Providing adoption and foster care by social protection bodies

(1) The adoption or foster care in the Czech Republic and the adoption of children from abroad to the Czech Republic are only facilitated at the request of a natural person who is interested in adopting a child or taking a child into foster care (the applicant). The request of a citizen of the Czech Republic who is resident on the territory of the Czech Republic and of a foreigner who is authorised to reside on the territory of the Czech Republic or who is registered for residence in the Czech Republic for at least 365 days under a special legislation governing the residence of foreigners in the territory of the Czech Republic (1a) shall be submitted to the municipal authority of the municipality with extended scope.

(2) Mediation

(a) the adoption and assignment of the child into foster care in the Czech Republic are provided by the regional authorities and the Ministry;

b) The adoption of children from the Czech Republic into foreign countries or from abroad to the Czech Republic is provided by the Office.

(3) Intermediate

(a) adoption shall not take place where:

1. that parents have given their consent to adopt the child in advance in relation to certain adopters; or

2. where the spouse has submitted an application for adoption to the parent of the child or the surviving spouse of the parent or the adopter of the child;

(b) foster care shall not be carried out where a proposal to entrust the child to foster care has been made by a natural person related to the child or a natural person close to the child or his family.

§ 21

Procedure of the municipal authority of the municipality with extended competence in the mediation of adoption and foster care

(1) The municipal authority of the municipality, with extended scope, shall seek out the children referred to in Paragraph 19a (1) and natural persons suitable for the adoption or foster care; suitable children and persons may seek and recommend to the municipal authority of the municipality with extended competence also the municipality and the authorised persons.

(2) In the application for inclusion in the register of applicants for adoption or foster care submitted to the municipal authority of the municipality with extended scope, the applicant shall provide the data and attach the documents referred to in paragraph 5 (a) necessary for the management of the file documentation.

(3) On receipt of the application, the municipal authority of the municipality with extended scope shall examine the application on the basis of the information contained therein and the accompanying documents and reject the application if:

(a) the conditions set out in Article 20 (1) and (3) are not met; or

(b) finds that a person seeking mediation of the adoption or foster care of a child normally resident in the Czech Republic fulfils the condition of residence in the Czech Republic pursuant to Paragraph 20 (1), but his habitual residence is situated outside the Czech Republic; At the same time, it shall inform her that the application must be lodged with the competent authority of the State in which it is habitually resident.

(4) The municipal authority of the municipality with extended competence shall keep a file on the child referred to in § 19a (1); the file file shall contain:

(a) personal data;

(b) a document on the national citizenship (21), a permanent residence permit in the Czech Republic or a declaration of residence in the Czech Republic for at least 90 days under the special legislation (1a) governing the residence of foreigners in the Czech Republic or a document on the authorisation to reside in the Czech Republic under the special legislation (2) or a document on the application for asylum procedure;

(c) data on the social circumstances of the child, his or her parents, siblings or grandparents,

(d) proof that the child fulfils the conditions for adoption laid down in special legislation22);

(e) a decision by the competent authorities on the child's upbringing, if any,

(f) a report on the health and development of the child.

(5) The municipal authority of the municipality with extended scope shall keep file documentation of the applicant; the file file contains:

(a) an application containing the applicant's personal data, which shall include the name and, where appropriate, the names, surnames, date of birth and place of permanent residence;

(b) proof of citizenship or permanent residence in the Czech Republic or of a declaration of residence in the Czech Republic for at least 365 days under the special legislation (1a) governing the residence of foreigners in the Czech Republic;

(c) a copy of the register of offences (23) requested by the municipal authority of the municipality with extended jurisdiction;

(d) the health report submitted by the applicant;

(e) data on economic and social conditions;

(f) the applicant's written statement that:

1. Considers that, after the expiry of the period referred to in Article 23 (3), it should also be entered in the Register of the Office for the Adoption of Foreign Children;

2. Calls exclusively for the adoption of a foreign child;

(g) written consent that a social-legal protection body providing for adoption or foster care is entitled to:

Citation	Full text of Act No. 373 / 2006 Coll., Act No. 359 / 2006 Coll., on Social Protection of Children, as seen from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	25.07.2006
Effective from	-
Effective until	-
Status	Valid

Full text of Act No 373 / 2006 Coll.

Full text of Act No. 359 / 2006 Coll., on Social Protection for Children, as seen from subsequent amendments

Contents