Decree of the Ministry of Labour and Social Affairs of the Czech Socialist Republic No. 52 / 1973 Coll.
Decree of the Ministry of Labour and Social Affairs of the Czech Socialist Republic implementing certain provisions of the law on foster care
Valid
Effective from 01.06.1973
52
DECLARATION
Ministry of Labour and Social Affairs of the Czech Socialist Republic
of 27 April 1973
implementing certain provisions of the law on foster care
The Ministry of Labour and Social Affairs of the Czech Socialist Republic provides, pursuant to § 22 paragraph 2 of Act No. 50 / 1973 Coll., on Parental Care ("the Act '), in agreement with the Federal Ministry of Labour and Social Affairs and with other participating central bodies:
Children suitable for foster care
Article 2 (1) of the Law
(1) The county authorities, in cooperation with the entrusted municipal authorities and medical and educational establishments, ensure an overview of children whose interest requires that they be entrusted to foster care. They take particular account of children:
(a) whose parents cannot properly be raised in the long term due to their physical, mental or moral condition;
(b) whose parents are not alive;
(c) whose guardian appointed by the court has no obligation to personally provide for child care in the long term;
if the adoption of these children cannot be achieved and is not suitable for them for constitutional education.
(2) The county authorities maintain lists of children eligible for foster care who are resident in their district.
Citizens eligible to become foster parents
Article 3 and Article 18 (1) of the Law
The county authorities, in cooperation with the entrusted municipal authorities, seek citizens to become suitable foster parents and keep a list of them. Before entering the list, the District Office shall examine all the circumstances relevant to the assessment of the citizen's capacity to perform foster care, in particular his / her personal, family and housing conditions, civil integrity, relation to work and society and capacity to raise children, and shall determine whether his / her health and the health of his / her family members do not contradict the purpose of foster care. Where appropriate, the district office shall also ask for technical advice from health and school establishments.
Synergy of regional national committees
If the district office cannot recommend the custody of a child to appropriate citizens in its district, or if it is not in the interest of the child to be entrusted to the care of a citizen in that district, it shall inform the superior regional national committee, which shall assess the possibilities of giving the child to the education of the citizens suitable for the exercise of foster care from the district of another county, or agree with another regional national committee to entrust the child to foster care from another region. The same procedure applies if the county authority cannot recommend an appropriate child to foster care to an appropriate citizen in its district.
Compulsory education
Article 5 (1) of the Law
The period of school holidays following the end of the school teaching period of the school year in which the child completes compulsory schooling, provided that he has not entered permanent employment at that time or that he has not started other permanent work.
Continuous preparation of the child for future occupation
To Article 5 (2) (a) of the Act
Continuous preparation of a child for a future occupation shall be assessed for the purposes of the law in accordance with the rules on occupational sickness insurance for workers. 1)
Reward of foster parents in special establishments
C § 12 and § 22 (2) of the Act
(1) A foster parent in special establishments, (4) The district office provides remuneration for the performance of foster care and for the work related to the care of the entrusted children in the range of 2050 to 2800 CZK per month for the care of up to four children and for the range of 2550 CZK to 3200 CZK for the care of five or more children. In determining the level of remuneration, the district council shall take account in particular of the number of children, their age, health status and mental level. If the physical, mental or social development of the child is disturbed in such a way that it requires exceptional individual care, the district council shall increase the remuneration fixed by up to 350 CZK per month. The remuneration cannot be less than it would have been under Sections 8 and 9 of the Act.
(2) Where foster parents are married together, the Office shall determine the remuneration for each of them in particular, in such a way that the total remuneration of the two spouses does not exceed the total remuneration fixed in accordance with paragraph 1.
(3) The remuneration shall be granted to the foster parent for the period during which he carries out foster care. The remuneration shall also be paid for the period of incapacity for work instead of sick leave, but for a maximum period of one month. At the end of the sickness payment, the proportion of the monthly remuneration shall be fixed for all calendar days except on Sundays.
(4) Remuneration shall be paid monthly in arrears in payment terms applicable to the staff of the Office.
Supervision of foster care
Article 18 (3) of the Law
(1) The County Office ensures supervision of the performance of foster care by its childcare staff. The authorised worker regularly visits the foster home and personally testifies to the development and upbringing of the child as well as to the circumstances in which the child lives. The District Office shall also monitor the development of the child through an advisory service composed of experts, in particular psychologists, pedopsychologists and pediatricians.
(2) The County Office provides the foster father with all-round assistance needed to develop the child in a favourable physical and mental way and helps to remove obstacles to development.
Article 18 (4) of the Law
The county authority responsible for overseeing the performance of foster care shall also monitor whether the foster parent is making use of a contribution to the child in his or her interest. It may therefore require a foster parent to keep simple records of income and extradition and, where appropriate, to keep the necessary evidence of them.
Efficacy
This Decree shall take effect on 1 June 1973.
Minister:
Dr Hamerník v. r.
1) Paragraph 1 of the Order of the Central Council of Trade Unions No. 95 / 1968 Coll., on the grant of allowances for children in sickness insurance, as amended by Decree No. 78 / 1984 Coll.
2) Article 2 (2) of Decree No. 95 / 1968 Coll., on the provision of child allowance in sickness insurance.
3) Act No. 107 / 1971 Coll., on maternity allowance.
4) § 12 of Act No. 50 / 1973 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Labour and Social Affairs of the Czech Socialist Republic No. 52 / 1973 Coll., implementing certain provisions of the law on foster care |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.05.1973 |
|---|---|
| Effective from | 01.06.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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