Act No. 383 / 2005 Coll.
Act amending Act No. 109 / 2002 Coll., on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and amending other laws, as amended, and other related laws
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Law
Effective from 01.12.2005
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383
THE LAW
of 19 August 2005
amending Act No. 109 / 2002 Coll., on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and amending other laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and amending other laws
Act No. 109 / 2002 Coll., on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and amending other laws, as amended by the Constitutional Court found in No. 476 / 2004 Coll., Act No. 562 / 2004 Coll. and Act No. 563 / 2004 Coll., is amended as follows:
1. In the first sentence of Article 1 (1), the words "which are educational centres (hereinafter referred to as" the Centre ')' shall be inserted after the word "care '.
2. Paragraph 2 is deleted.
Paragraphs 3 to 15 shall become paragraphs 2 to 14.
3. In Paragraph 2 (3), "3 'is replaced by" 2'.
4. In Article 2 (6), the words' (the uninsured person) 'shall be deleted after the word' provision 'of footnote 4.
5. in Paragraph 2 (7) of the introductory part of the provision, the text "3, 4, 5 and 7" is replaced by "2, 3, 4 and uninsured persons."
6. In Article 2 (7) (d), the words "persons responsible for education 'are replaced by the words" legal representatives of the child'.
7. In Article 2, the following paragraph 8 is inserted after paragraph 7:
"(8) At the time when the stay in the establishment is interrupted in accordance with Article 23 (1) (a) or the child is placed on a temporary basis outside the establishment, the child shall be provided with the full direct care of the persons in whom the child resides. '
Paragraphs 8 to 14 shall become paragraphs 9 to 15.
8. in Paragraph 2 (9), "3, 4, 5 and 7" is replaced by "2, 3, 4 and uninsured persons" and "as decided by the Director" is deleted;
9. in Paragraph 4 (2) (a), "6" is replaced by "8."
10. In Article 4 (3), the words "in one building or in several buildings in one premises' shall be inserted after the words" may be '.
11. In Paragraph 4 (5), the words "in one building or in more than one building in one area" shall be inserted after the words "may be inserted after the sentence".
12. in Article 4 (6), the words "or the founder" shall be inserted after the words "the Director."
13. in Article 5 (1), "3, 4, and 5" is replaced by "2, 3 and 4."
14. in Article 5 (2) (d), the word "children" shall be inserted after the word "protection."
15. in Article 5 (2) (e), the word "children" shall be inserted after the word "protection."
16. in Article 5 (4), the word "children" shall be inserted after the word "protection."
17. In the first sentence of Article 5 (5), the word "children" shall be inserted after the word "protection" and, at the end of paragraph 5, the sentence "If, for serious reasons, it is not possible to submit some of the above documents on the basis of an interim measure, with the exception of a decision on interim measures and a written statement by a doctor on the current state of health of the child, the institution shall ensure that children are presented without undue delay."
18. in Paragraph 5 (7), the word "children" shall be inserted in sentence two and three after the word "protection."
19. in Article 5 (9), the words "persons responsible for education" shall be replaced by the words "legal representatives of the child" and the words "children" shall be inserted after the word "protection."
20. Paragraph 5 (10) reads:
"(10) The Diagnostic Institute shall notify the adoption, placement or transfer of the child within the 3 working days of the court which has decided on the child, the social protection body responsible for the child's permanent residence and the person responsible for the education, unless it is provided with a decision to place or transfer the child. ';
21. in Article 5, paragraphs 13 and 14 are deleted;
Paragraph 15 shall become paragraph 13.
22. in Paragraph 6 (1), the words "under § 23 (1) (a) to (c)" shall be replaced by the words "under § 23 (1) (a) and (c) or from a place of conditional location outside the establishment."
23. in Article 6 (2), "3" is replaced by "2."
24. in Article 7 (1), the words "the persons responsible for education" shall be replaced by "the legal representatives of the child."
25. in Article 9 (2), the words "one education group may be set up in a diagnostic institute" shall be replaced by the words "educational groups may be set up in a diagnostic institute."
26. in Article 9 (3), "paragraphs 1 and 2" shall be replaced by "paragraphs 1."
27. in Article 10 (2), the word "normally" shall be inserted after the word "thus."
28. in Paragraph 13 (2):
"(2) Children's homes with a school may be set up separately for the children referred to in paragraph 1 or family groups shall be set up separately for the children referred to in paragraph 1. ';
29. In the first sentence of Paragraph 14 (3), the words "over 12 years of age 'are replaced by the words" under 15 years of age'.
30. Paragraph 15, including the title, reads:
"Common provisions for equipment
(1) Special construction technical means are used to prevent the escape of such children in establishments where children with stored protective education are located. Furthermore, in order to ensure the safety of children, employed persons and entrusted property, audiovisual systems may be used in such establishments, following a decision by the Director of the Facility.
(2) Audiovisual systems can be used
(a) for checking the surrounding area of a building or several buildings on one enclosed plot;
(b) to check the interior of an installation where children do not have access;
(c) for the inspection of corridors, rooms intended for staff and separate rooms.
(3) Plans for the use of audiovisual technology, including the deployment of monitoring points in installations, as well as plans for the deployment of special construction equipment in installations and their individual species, are approved by the Ministry.
(4) The location and use of audiovisual equipment shall be informed in advance by the Director of the installation of all children present in the installation and all staff of the installation. ';
31. in Article 16 (1), the words "or aged persons until the end of secondary education (hereinafter referred to as" the client ") shall be inserted after the words" protection education, "';
32. in Article 16 (2) (a), "children" is replaced by "clients."
33. in Article 16 (2) (b), the words "persons responsible for education" are replaced by the words "legal representatives of a client or an adult client."
34. in Article 16 (2) (c), the words "persons responsible for education" shall be replaced by the words "legal representatives of a client or an adult client."
35. in Article 16 (3), the word "children" shall be replaced by "clients," the words "under Article 27 (4)" shall be deleted and the words "person responsible for education" shall be replaced by the words "legal representative of a client or an adult client."
36. In Article 16, the following paragraph 4 is inserted after paragraph 3:
"(4) The amount of the payment referred to in paragraph 3 shall be equal to the amount of the catering costs determined under the special legislation and the amount of the accommodation costs determined by the establishment. Payment must be made before the client is admitted to a diagnostic institution or centre. '
Paragraph 4 shall become paragraph 5.
37. in Article 16 (5), the word "children" is replaced by "clients."
38. In Paragraph 17 (1), the word "children 'is replaced by" clients' and the word "children 'is replaced by" clients'.
39. in Paragraph 17 (3), the word "children" is replaced by "clients."
40. In Article 17, paragraphs 4 and 5 are deleted.
41. Paragraph 18, including footnote 8, 8a, 8b and 8c, reads as follows:
(1) Pedagogical works8) institutions or centres educate and educate children and clients in accordance with the objectives of education and training laid down by this law and other legislation.
(2) A pedagogical worker of an establishment or centre may be a person who fulfils the conditions laid down in special legislation8a) and the condition of mental fitness.
(3) Psychological examination is carried out. Psychological competence shall be demonstrated:
(a) prior to the emergence of an occupational relationship with an establishment or centre;
(b) for the duration of the employment relationship with the establishment or centre, where:
1. there is reasonable doubt as to whether a teacher fulfils the condition of mental fitness; in such a case, the director of the establishment or centre shall order the teaching staff member to undergo a psychological examination and shall set a reasonable time limit; or
2. the psychological examination report (hereinafter referred to as the psychological evaluation) will cease to be valid.
(4) The psychological assessment shall be valid for 7 years from the date of its issue and shall be part of the personal file of the pedagogical worker8b).
(5) The psychological assessment shall include the following information:
(a) the name and, where appropriate, the names, surnames, academic title and date of birth of the teaching staff member;
(b) the conclusion of a psychological examination showing whether or not a pedagogical worker is mentally competent to pursue the activities of a pedagogical worker of an establishment or centre;
(c) the name and, where appropriate, the name, surname and academic title of the investigating psychologist, his own signature and stamp, accreditation number;
(d) the date of drawing up the psychological assessment.
(6) The psychological assessment can be reviewed under the conditions laid down in specific legislation8c).
8) Article 2 of Act No. 563 / 2004 Coll., on pedagogic workers and on the amendment of certain laws.
8a) Act No. 563 / 2004 Coll.
8b) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended.
8c) Act No. 20 / 1966 Coll., on the Care of People's Health, as amended. '
42. The following Section 18a is inserted after Section 18, including the title and footnote 8d:
Accreditation to the right to detect mental fitness
(1) A person who has been granted an authorisation to establish a mental capacity under this Act (hereinafter referred to as "accreditation ') may determine the psychological capacity. An application for accreditation may be submitted to the Ministry by a person who:
(a) has a specialised competence to pursue the profession of clinical psychologist in accordance with the specific legislation8d);
(b) has experience of more than 7 years, of which at least 5 years in the field of adult psychopathology; and
(c) have been trained by the Ministry for uniform methods, techniques and evaluation of psychological examinations.
(2) If the person requesting accreditation fulfils the conditions set out in paragraph 1, the Ministry of Accreditation shall grant accreditation.
(3) The Ministry of Accreditation shall withdraw if the accredited person ceases to fulfil the conditions laid down in paragraph 1 (a).
(4) The Ministry publishes a list of accredited persons in the Ministry of Education, Youth and Sports Bulletin.
8d) Act No. 96 / 2004 Coll., on the conditions for obtaining and recognising eligibility for the pursuit of non-medical medical professions and for carrying out activities related to the provision of healthcare and amending certain related laws (Act on non-medical medical professions), as amended by Act No. 125 / 2005 Coll. '
43. In Section 20 (1) of the Introductory Part of the provision, the words "with the order of constitutional education 'are inserted after the word" child'.
44. In Paragraph 20 (1) (g), the following text is added after the word "obligations": to consult with your lawyer or guardian, established for the purpose of proceedings under a special law, 12) without the presence of third parties, and to this end to receive and send correspondence without checking its content.
12) Act No. 218 / 2003 Coll., on the responsibility of young people for unlawful acts and on the judiciary in youth matters and on the amendment of certain laws (Law on the judiciary in youth matters). '.
45. in Article 20 (1) (i), the word "children" shall be inserted after the word "protection" and the words "at the end of the text of point (i)" shall be added; these requests, complaints, proposals and submissions shall be required to be registered by the establishment. "
46. in Article 20 (1) (n), the words "and other close persons" shall be inserted after the word "education."
47. in Article 20 (1) (o), the words "with consent" shall be replaced by the words "with knowledge" and, at the end of the text of point (o), the words "unless there has been a prohibition or restriction within the framework of the measures laid down by this law."
48. In Article 20 (1), the words "where there is no prohibition or restriction in the framework of the education measures provided for by this Act 'shall be added at the end of the text of point (p).
49. In Paragraph 20 (2) of the Introductory Part of the provision, the words "with an ordered constitutional education 'shall be inserted after the word" child'.
50. in Article 20 (2) (a):
"(a) comply with the rules of order and discipline, comply with the instructions and orders of the staff of the establishment, treat the entrusted goods carefully, do not damage foreign property, comply with the principles of decent conduct with persons in contact with them, in the premises of the establishment and in personal matters maintain order and purity and otherwise maintain the provisions of the establishment's internal rules,";
51. In Article 20, at the end of paragraph 2, the dot is replaced by a comma and the following point (f) is added:
"(f) undergo an examination, at the request of the Director of the establishment, of whether it is affected by alcohol or any other substance. If blood is to be collected for the examination, the child shall be required to be tolerated in order for the doctor or medical professional to draw blood unless it is associated with a danger to his health. ';
52. In Paragraph 20, the following paragraph 3 is inserted after paragraph 2:
"(3) A child with imposed protective custody shall have all the rights and obligations referred to in paragraphs 1 and 2, except those referred to in paragraph 1 (o) and (p). ';
Paragraph 3 shall become paragraph 4.
53. In Paragraph 20 (4), "children 'is replaced by" clients'.
54. In Article 20, the following paragraph 5 is added:
"(5) The provisions of paragraphs 1 and 2, with the exception of paragraph 2 (c), shall apply to uninsured persons in an establishment referred to in Paragraph 2 (6). ';
55. in Article 21 (1), the words "with an order for constitutional education" shall be inserted at the beginning of point (c).
56. in Article 21 (1), the words "with an order for constitutional education" shall be inserted at the beginning of point (f).
57. in Article 21 (3), the words "; children with imposed protective education shall be allowed special leave and visits only under the conditions laid down in paragraphs 4 (a) and 4 (b)."
58. In Article 21, the following paragraph 4 is inserted after paragraph 3:
"(4) In addition, a child with imposed protective education may have good results in the performance of his or her duties.
(a) a separate walk outside the establishment is permitted for a maximum period of 12 hours if it is justified that it does not jeopardise the purpose of the protection education;
(b) the acceptance of a visit by persons other than those responsible for education, persons close to and authorised by a child protection body, provided that this is not contrary to the purpose of the protection education; in the justified case, the visit may be carried out with visual and, where appropriate, auditory checks by the staff member of the establishment. ';
Paragraph 4 shall become paragraph 5.
59.In Paragraph 21 (5), "3" is replaced by "4."
60. A new heading is inserted above the designation of Section 22: "Separate room '.
61.Paragraph 23 (1) (a) reads as follows:
"(a) authorise the child to stay outside the establishment under the conditions laid down in specific legislation11;"
62. In Paragraph 23 (1) (b):
"(b) to submit to the court an application for the conditional placement of a child with a protective education imposed outside the establishment,";
63.In Article 23 (1) (c), including footnote 12:
"(c) to allow a child with an order of constitutional education, upon completion of compulsory education, temporary accommodation outside an establishment in connection with his studies or work relationship; in the case of a child with imposed protective custody, an application may, in a particular case, be submitted to the court for that purpose for a conditional placement outside the establishment under special legislation (12);
12) Act No. 218 / 2003 Coll. '.
64. in Article 23 (1) (d), the words "or stay as referred to in (b)" shall be deleted;
65.In Article 23 (1) (h), the words "stay as referred to in (a), (b) and temporary accommodation" shall be replaced by the words "stay or temporary accommodation as referred to in (a) and (c), or a place of conditional accommodation outside the establishment."
66. In Article 23 (1) (i):
"(i) to give the court an application under special legislation (12) for the transformation of protective education into constitutional education if the child fulfils his or her obligations in a long-term manner and, in a particular case, such a procedure is appropriate in the light of further education and development of the child; where circumstances change, the Director of the establishment shall submit to the court an application for the retroactive conversion of constitutional education into protective education, '.
67.In Article 23 (1) (n):
"(n) order an examination of the child as to whether it is affected by alcohol or other addictive substances,"
68. In Article 23 (1), the comma at the end of point (n) is replaced by a dot and point (o) is deleted.
69. in Article 24 (1) (b), the words "the district office" shall be replaced by the words "the social protection body of children."
770. in Paragraph 24 (1) (c), the words "the District Office" shall be replaced by the words "the Social Protection Authority."
71. in Article 24 (1) (f), the words "the district office and" shall be replaced by the words "the social protection body of children, legal representatives of the child, or others, as appropriate."
72.In Article 24 (1) (g), the words "the District Office" shall be replaced by the words "the Social Protection Authority."
73.In Article 24 (1) (h), the words "persons responsible for education 'are replaced by the words" legal representatives' and the words "district authorities' are replaced by the words" social protection bodies'.
74. In Paragraph 24 (1) (i), the words "with persons responsible for education" shall be replaced by "with legal representatives."
75. in § 24 (1) (j), the words "district office" are replaced by the words "municipal office of the municipality with extended competence."
76. in Article 24 (1) (l), the words "and (b)" shall be deleted;
77.In Article 24 (2) (c), the words' the district office 'shall be replaced by' the social protection body ';
78.In Article 24 (2), points (d) and (e) are deleted.
Points (f) and (g) shall be renumbered points (d) and (e).
79.In Paragraph 24 (2) (e), "7" is replaced by "6."
80.In Paragraph 24 (2), the dot is replaced by a comma at the end of point (e) and the following point (f) is added:
"(f) inform the youth court or public prosecutor, who, under the special legislature12a, has left the affected juvenile establishment to the outcome of the measures taken.
12a) § 11 and 20 of Act No. 218 / 2003 Coll. '.
81. In Paragraph 24, the following paragraph 3 is inserted after paragraph 2:
"(3) The Director of the establishment shall decide on the rights and obligations of the administration in the following cases:
(a) the reimbursement of medical costs, medicines and medical devices which are not covered by health insurance if the care has been requested by legal representatives of the child, pursuant to Article 2 (7) (d);
(b) the location of the child pursuant to Article 5 (1);
(c) the transfer of the child pursuant to Article 5 (9);
(d) the obligation on the child to pay on his or her income the costs associated with the transport to the establishment referred to in Article 20 (2) (c);
(e) refusal of an application for residence pursuant to Article 23 (1) (a) and (c);
(f) cancellations pursuant to Article 23 (1) (d);
(g) the amount of the care allowance granted to children or uninsured persons in establishments under § 27 to 29. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
82. In Article 24 (5), "7 'is replaced by" 6'.
83. § 25 reads:
The rights and obligations referred to in Articles 23 (1) (f), (g) and (n), 24 (1) (a), (h), (i) and (m) and 24 (2) (a), (d) and (f) shall apply mutatis mutandis to the Director of the Centre. Article 24 (1) (j) shall apply mutatis mutandis to the Director of the Centre. ';
84. In Paragraph 26 (1) of the Introductory Part of the provision, the words "Persons responsible for education 'are replaced by the words" Legal representatives of the child'.
85. in Article 26 (1) (e), the words "and (b)" shall be deleted;
86. In Section 26 (2) of the introductory part of the provision, the words "Persons responsible for education 'are replaced by the words" Legal representatives'.
87.In Paragraph 26 (2), point (a) is deleted.
Points (b) to (g) shall be renumbered as points (a) to (f).
88. In Article 26 (2) (b), the text "and (b)" shall be deleted and the text "Article 24 (5)" shall be replaced by "Article 24 (6)."
89. In Article 26, the following paragraph 3 is added:
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Regulation Information
| Citation | Act No. 383 / 2005 Coll., amending Act No. 109 / 2002 Coll., on the Performance of Constitutional Education or Protection Education in Schools and on Preventive Educational Care in Schools and on the Amendment of Other Laws, as amended, and other related Laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.10.2005 |
|---|---|
| Effective from | 01.12.2005 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Finance
Civil law
Civil law substantive
Civil law of procedure
Labour law
Budget
Education, Education, Education
Judicial and Public Prosecutor's Office
Administrative law
State (official) control
Criminal law
Criminal law substantive
Constitutional (state) law
Eligibility for the pursuit of certain professions (activities)
The regulation text is for informational purposes only.
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