Decree No. 473 / 2012 Coll.
Decree on the implementation of certain provisions of the Social Law on the Protection of Children
Valid
Order
Effective from 01.01.2013
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473
DECLARATION
of 17 December 2012
on the implementation of certain provisions of the Social Protection Act
The Ministry of Labour and Social Affairs provides, pursuant to § 58b paragraphs 2 and 3 of Act No. 359 / 1999 Coll., on the Social Protection of Children, as amended by Act No. 401 / 2012 Coll., ("the Act '):
Focus and scope of evaluation of the situation of the child and his family
The evaluation of the situation of the child and its family shall be based on an individual approach to the child, including the recognition of risks, needs and protective factors and shall be carried out on the basis of:
(a) a description of the causes of the child's threat and the reasons for the initiation of social protection;
(b) an assessment of the situation of the child, which, following the causes of the child's threat and the grounds for initiating the social protection referred to in (a), includes an assessment of:
1. the health and benefit of the child,
2. the ability of the child to recognize and learn,
3. emotional development and behaviour of the child,
4. family and social relations of the child,
5. the self-conception of the child,
6. social presentation of the child,
7. the autonomy and self-service of the child,
8. the opinion of the child and the wish of the child,
9. Other facts necessary for assessing the situation of the child in a particular case;
(c) an assessment of the situation of the family, which, following the causes of child endangerment and the reasons for initiating social protection under point (a), includes an assessment of:
1. provision of childcare,
2. ensuring the safety and protection of the child;
3. emotional warmth towards the child,
4. incentives and stimulation of the child's development,
5. the boundaries of the child's conduct and educational leadership;
6. stability of the situation of the family,
7. Other facts necessary for assessing the situation of the family in a particular case,
(d) an assessment of the wider environment of the child, which, following the causes of the child's threat and the reasons for initiating the social protection referred to in (a), includes an assessment of:
1. family history and functioning of the family,
2. wider families and communities,
3. the residence of the child and the family,
4. employment of parents, children and other members of the family household,
5. the financial situation of the family,
6. social inclusion of the family,
7. civil amenities at the place of residence of the child and the family, consisting of the provision and availability of health and social services, schools and educational facilities, other facilities and services intended for children, public transport and public administration,
8. Other facts necessary for assessing the child's wider environment in a particular case,
(e) a summary analysis of the areas under assessment referred to in points (a) to (d).
Content of the individual child protection plan
(1) The individual child protection plan contains:
(a) the objectives of the proposed measures, the means to achieve them and the indicators of effectiveness of each measure;
(b) the extent of the measures proposed necessary to protect the child and to assist parents or other persons responsible for raising the child;
(c) how the proposed measures, rights and interests of the child are implemented in the scope of social protection;
(d) the methods of working with the family and the extent of interventions and assistance to parents or other persons responsible for raising the child in the care of the child, which include:
1. strengthening the role and function of the family;
2. development of family care and education skills,
3. assistance for the social inclusion of the family;
4. the provision of assistance to foster children and their families, the provision of assistance to carers and persons in the register,
5. strengthening family competences in education, training for teaching and motivation for education,
(e) the extent of cooperation between parents or other persons responsible for raising the child and social protection bodies and other natural persons, legal persons and public authorities involved in dealing with the situation of the child;
(f) a timetable for the implementation of specific social protection measures;
(g) the method of evaluation and verification of the implementation of the proposed measures necessary for the protection of the child by parents, other persons responsible for raising the child, social protection bodies and other natural persons, legal persons and public authorities involved in the resolution of the child's situation, and the proposal for further necessary measures to protect the child;
(h) a child education plan and a preparation plan for future occupations and self-reliance;
(i) a plan for the preparation of the child's impending exit from foster care.
(2) The form of intervention and assistance in childcare and in the education referred to in paragraph 1 (d) shall in particular mean:
(a) consultation and advice;
(b) case and family conferences;
(c) therapy and mediation,
(d) professional services for families and children;
(e) legal aid;
(f) support for children;
(g) helping families improve their living situation, including the acquisition of skills for proper household management;
h) helping families to solve social or psychological problems;
(i) assisting families in solving educational problems with children;
(j) promoting the social activities of the family.
Scope of the tasks provided for in the framework of expert advice for adoption or foster care candidates
The following actions shall be provided in the framework of professional advice activities for adoption or foster care (hereinafter referred to as "candidates'):
(a) brokering of downstream services related to the adoption or assignment of the child to foster care;
(b) providing advice in the fields of orientation in social systems, law, psychology and education related to the adoption of a child or the assignment of a child to foster care in those areas;
(c) assistance in the handling of normal affairs;
(d) assistance in communication leading to the exercise of rights and legitimate interests.
Scope of action to protect and assist children at risk of violence
In the framework of activities to provide protection and assistance to children at risk of violence, the following actions shall be provided:
(a) the brokering of downstream services when it comes to facilitating contact with the social environment;
(b) social-therapeutic activities which include:
1. providing advice on social systems, law and psychology orientation;
2. Crisis intervention and other socio-therapeutic activities which lead to overcoming the crisis and initiating the therapeutic process,
(c) assistance in the exercise of rights, legitimate interests and in the provision of personal matters, including:
1. assistance in the handling of routine issues;
2. assistance in communication leading to the exercise of rights and legitimate interests;
3. help to restore or consolidate contact with the natural social environment.
Questionnaires on social and family conditions, health and motivation
The elements of the questionnaire on social and family conditions, health status and motivation of the applicant to submit an application for inclusion in the register of applicants are set out in Annex 8 to this Order.
Forms of communication on the suitability to become an adopter or foster child
The details of the communication on the suitability to become an adopter or foster child kept by the competent regional authority are set out in Annex 9 to this Order.
Content and form of training of natural persons fit to become an adopter or foster child for family
(1) The preparation of natural persons fit to become an adopter or foster child for the family shall include the following thematic headings:
(a) the self-knowledge of natural persons fit to become an adopter or foster father, their family system and social contacts;
(b) recognising and fulfilling the rights and needs of the child in alternative family care, including the needs of specific groups of children, in particular children of other ethnic groups, children with disabilities, sibling groups, children who have experienced abuse, abuse or neglect, and other particularly vulnerable groups of children;
(c) adopting cooperation with other experts;
(d) communication with the child and access to the child with the knowledge of its dignity and human values;
(e) the development of the child's competences and interests;
(f) satisfaction of the child's emotional, developmental, social and educational needs and care for the health of the child;
(g) contact of the child in alternative family care with parents and other close persons;
(h) the skills required for cooperation with the parents of the child and their loved ones;
(i) working with children living in the applicant's family, including an explanation of the meaning of alternative family care and its forms, the importance of the family, the process and principles of brokering alternative family care;
(j) the identity of the child in foster care.
(2) The preparation of natural persons suitable for foster care also includes:
(a) the skills of applicants required for cooperation with the child's family;
(b) the transfer process;
(c) the content and form of the regular evaluation of the situation of the child.
(3) The preparation of natural persons suitable for becoming an adopter or foster child is taking place
(a) in an individual form, consisting in particular of the self-knowledge of natural persons suitable for becoming an adopter or foster child in the region,
1. motivation for alternative family care;
2. the functioning of the family system,
3. mapping social contacts,
4. expectations from the child entrusted to care, and
(b) in a group form, which consists mainly in the acquisition of knowledge and skills in the field of:
1. alternative family care and related legislation;
2. the development and needs of the child, including the specific needs of the child in alternative family care;
3. the rights of the child, including the rights of the child in alternative family care and the right of the child to maintain and develop family ties,
4. support for the child in exercising his right to express his or her opinion and to take part in decisions concerning him or her;
5. the rights and obligations of the parents of the child,
6th rights and duties of foster parents.
(4) The individual form of preparation referred to in paragraph 3 (a) is carried out in particular in the household of the applicant for adoption or foster care.
(5) The group form of preparation referred to in paragraph 3 (b) may be carried out for a maximum of 16 persons simultaneously.
(6) Preparation of the applicant's child may take the form of individual and group. The content and form of preparation depends on the child's age and individual needs.
Further details on the formalities and structure of the proof of preparation for the child's admission to the family
Further details on the particulars and structure of the proof of preparation for the child's admission to the family are given in Annex 6 to this Order.
Further details on the need for an assessment of the mental fitness to be admitted to the family and the procedure for its processing
(1) Further details are given in Annex 7 to this Decree by means of an opinion on the psychological fitness to be admitted to the family.
(2) The authorised person authorised to assess the psychological fitness to admit a child to the family (hereinafter referred to as the "assessor") shall inform the candidate before a psychological examination in the context of a personal interview of:
(a) the nature, extent and duration of the psychological assessment; and
(b) the foreseeable risks and disadvantages which may result from the examination and the benefit that the candidate may expect.
(3) The assessor shall verify the identity of the candidate and record it in the candidate documentation.
(4) In the psychological assessment of the candidates assessing the areas listed in Annex 7 to this Decree. The assessor uses a set of standardised psychodiagnostic and other methods which are relevant for the expert assessment of the heading of the facts under consideration and for determining the answer to the expert question.
(5) The assessor shall formulate, on the basis of the interpretation of the information obtained, the conclusion of the assessment in such a way as to clearly describe the headings of the facts to be assessed and to provide answers to the expert questions submitted. Where the supporting documents or methods used do not allow a clear conclusion to be drawn, the assessor shall formulate the descriptions of the facts considered with the highest possible accuracy and the answer to the professional question and shall also formulate the conditions of validity of the conclusion or other facts affecting its validity. Where it is not possible to answer a given professional question, the assessor shall state that fact in response to the given professional question.
(6) The assessment shall include a justification to the extent that the assessment is reachable, in particular a complete and comprehensible description of the procedure followed by the assessor, including the methods used and the reasons for their use and the link of conclusions with the specific methods used or their combinations. The parties to the assessment shall be numbered.
Scope of professional advice to be provided on a permanent or temporary basis to the person in charge of the care or to the person in the register while ensuring the personal care of the child in custody
The care provider and the person in the register shall receive or provide advice on the care of the child in custody.
(a) solving social or psychological problems;
(b) addressing problems related to child care, the health of the child and the upbringing of the child;
(c) in the case of child care with disabilities,
(d) in the field of the education of the child, in the selection and evaluation of possibilities for further preparation of the child for a future occupation and in the selection of suitable employment;
(e) in the field of offering cultural, sporting and other interest activities of the entrusted child;
(f) in the application of claims of a caring person or persons in the register and of a entrusted child in the field of sickness insurance, pension insurance, unemployment and retraining aid, State social assistance, benefits of emergency aid, benefits for disabled persons, public health insurance and other claims and claims,
(g) when using social services;
(h) during the period after the child has been admitted to the family of the caring person or persons in the register;
(i) during the period of return of the entrusted child to the original family,
(j) in preparing the entrusted child to leave the family and in providing housing for the entrusted child leaving the family care, in providing assistance to the child in dealing with official business, in finding employment, in managing funds and in addressing other issues related to the child's entry into a separate life;
(k) when dealing with parents or other persons close to the child and maintaining and developing contacts between the child and the parents or other persons close;
(l) in complementing their expertise and skills;
m) in the prevention of burning syndrome and in other areas of psychohypgiene.
Focus and scope of psychological or therapeutic professional assistance related to the assignment of the child to foster care
(1) Psychological or therapeutic professional assistance related to the provision of care to the child focuses mainly on:
(a) dealing with child separation trauma;
(b) establishing a closer relationship between the entrusted child, the caring person and its family;
(c) preparing the child for a meeting or for other contact with the parents of loved ones and their subsequent processing;
(d) the processing of contacts and other social relations with the wider social environment;
(e) care for a child with trauma and other specific needs;
(f) mitigation of emotional binding disorders,
(g) processing and strengthening the identity of the entrusted child;
(h) the transfer of a child from foster care to an original family or other educational environment.
(2) In the context of psychological or therapeutic professional assistance related to the transfer of a child to foster care, individual supervision may also be provided to the care person and to the person in the register.
Content, focus and method of ensuring the improvement of knowledge and skills in education and childcare for carers and persons in the register
(1) Increasing the knowledge and skills of the caring person and persons in the register are focused on:
(a) the acquisition of new information and skills in the field of childcare;
(b) the acquisition of knowledge and skills in the care of specific groups of children, in particular children of other ethnic groups, children with disabilities, sibling groups, children who have experienced abuse, abuse or neglect;
(c) providing care for changes in the education or development stages of the child;
(d) crisis management,
(e) the return of the child to the original family and the transition to the replacement family,
(f) preparation of the child for autonomy related to maturity and leaving the foster care, taking into account the age of the child and its development and social needs;
(g) topics which are covered by the preparation provided for in Article 3, if they are persons providing unbrokered foster care.
(2) The authorised person or municipal authority of the municipality with extended competence ensures an increase in the knowledge and skills of the caregiver and persons in the register, in particular by organising or facilitating lectures, courses or training events with the personal participation of the caregiver and persons in the register or through remote access, group meetings, supervisions and individual consultations.
Scope of the protection and assistance operations for children requiring immediate assistance
In the framework of activities in the provision of protection and assistance to children requiring immediate assistance, such actions shall be provided, where appropriate, by:
(a) provision of accommodation:
1. accommodation,
2. cleaning, washing and minor repairs of bed and personal linen and dressing, ironing,
(b) provision of food: provision of a full-day diet corresponding to age, principles of rational nutrition and dietary eating needs, at least in the range of 3 main meals per day,
(c) assisting in managing normal self-care tasks:
1. assistance in dressing and undressing, including assistance in the use of special aids;
2. assistance for moving to a bed or cart,
3. assistance in getting out of bed, lying down, changing position,
4. aid and support for food and drink;
5. assistance for spatial orientation, independent movement in internal and external space,
(d) assistance for personal hygiene or ensuring conditions for personal hygiene:
1. assistance in the operation of personal hygiene,
2. help in basic hair and nail care,
3. assistance in the use of toilets,
(e) facilitating contact with the social environment:
1. support and assistance for the use of commonly available services and information resources;
2. assistance to restore or consolidate contact with the family;
3. aid and support for activities promoting social inclusion;
(f) ensuring educational, educational and activity activities:
1. vocational training;
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Regulation Information
| Citation | Decree No. 473 / 2012 Coll., on the implementation of certain provisions of the Social Law on the Protection of Children |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.2012 |
|---|---|
| Effective from | 01.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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