Regulation No 70 / 1952 Coll.
Regulation implementing the Law on Social Rights for Youth
Valid
Effective from 01.01.1953
70.
Order of the Minister of Justice
of 18 November 1952
implementing the Act on Social Law Protection for Youth.
In agreement with the ministers involved, the Minister of Justice hereby mandates, in accordance with § 27 of Act No. 69 / 1952 Coll., on the Social Law Protection of Youth:
Tasks of youth protection offices.
General provisions.
The social rights of young people shall be taken care of by the youth protection offices (hereinafter referred to as "the offices'), in particular through the exercise of collective custody and custody, the provision of special protection for children who are not in the care of their parents, and advisory and assistance activities.
(1) The tasks of the Office shall be carried out by a collective of staff composed of group guardians, social workers, youth protection confidants and other collaborators; the head of the office shall normally be the mass guardian.
(2) All members of the working group of the Office shall endeavour to carry out the tasks entrusted to them by the dedicated performance of all their duties in conscious labour discipline and in cooperative cooperation.
(1) The Director shall be personally responsible for the proper performance of all duties of the Office.
(2) The Head of the Office shall manage and organise its activities in such a way as to be as effective and economical as possible. The effective organisation of work and the choice of appropriate working methods ensure that the Office is always ready to do whatever is necessary to enable the child to participate in all state-guaranteed possibilities of full physical and mental development.
In its activities, the Head of Office shall rely on the initiative and control of the working people and on the co-operation of its co-workers.
(1) The Head of the Office encourages the people's party initiative and ensures effective control of the people, in particular by informing the public, in cooperation with national committees and voluntary organisations, both of the tasks of social legal protection of young people and of the responsibilities and rights of parents and other legal representatives of minors.
(2) The timely and proper performance of the tasks of the Office is ensured by its heads in particular by the permanent contact of the members of the working group of the Office with the national committees, schools and institutes and institutions responsible for the education and health of the child, as well as voluntary organisations caring for children or youth associated with them, in particular with the associations of parents and friends of the school, the Czechoslovak Youth Union and its organisation of the pioneer.
In order to continuously improve the work of the Office, its leaders also support the initiative of their colleagues and ensure the exchange of their knowledge and experience. To this end, it shall convene regular meetings of mass guardians, social workers and youth protection confidants and shall take part in meetings of the collectibles of offices convened by the Regional Court.
As part of the collective work to carry out all the tasks of the Office, the bulk officer shall, in particular, be responsible for the performance of mass custody and custody and for the advisory and assistance activities in matters of law; social workers shall support the mass guardian, in particular, with knowledge of the social circumstances in which children are entrusted to them and the families in which they are to be located, and shall provide advice and assistance in the field of social care; youth protection confidants contribute to the successful operation of the Office in particular by their life experience and knowledge of local circumstances, as well as advice and assistance in their surroundings.
(1) The mass guardian shall make a promise in the hands of the President of the People's Court to carry out the duties imposed on him properly, in particular to ensure the physical and mental development of the children entrusted to him, in particular their education and nutrition, in order to be prepared to contribute properly to the benefit of the company, according to their abilities and affections, and to ensure that their guardians and guardians are duly represented, to manage their wealth with the care of the proper economy and to follow the instructions of the court.
(2) After the oath has been lodged, the court shall issue an official document to the mass guardian.
(1) The youth protection trustees are set up in the necessary number by the Head of Office of persons recommended by the Regional National Committee, as proposed by local national committees. The national committees shall discuss their proposals with the bodies concerned, in particular with the women's committees.
(2) Only people of civil integrity, committed to a people's democratic establishment, whose personal characteristics, life experience and interest in the well-being of a child can be trusted, guarantee that they will be conscientious and impartial helpers in the performance of youth protection tasks.
(3) In order to qualify as a confidant for the reimbursement of the final edition and for the loss of remuneration for the work (loss of earnings), the provisions on compensation to judges of the people shall apply mutatis mutandis.
Mass custody and custody.
A mass guardian takes care of his guardians and their property instead of their parents. In doing so, he has the same duties and rights as the guardian appointed by the court.
(1) In overseeing the activities of the guardians and guardians of minors, the collective guardian shall assist the guardian (guardian) of the court in particular by leading other guardians (guardians) through the control of their activities, advice, instruction and persuasion to ensure that they never neglect any of their duties and never abuse their rights.
(2) A mass guardian can also occasionally invite other guardians (guardians) to a joint meeting with members of the office's working group. At the meeting, guardians (guardians) will be briefed on their time tasks, alerted on identified deficiencies and defects and will be shown how they can be removed and how they can be avoided in the future. Through mutual exchange of views and experience, guardians (guardians) will be reliably led to increasingly perfect work for the welfare of their protectors.
(1) A mass guardian is conscientious in ensuring that his guardians receive all that is necessary for their successful physical and mental development.
(2) The mass guardian shall, in particular, ensure that the proper education of his guardians is ensured in conscious citizens of the Republic, ready to contribute their work to the benefit of society, and that none of these children suffer harm to their rights.
(3) In the care of the child's health, the bulk guardian relies on the assistance of the staff of the National Health Institute and takes the necessary measures in agreement with the Institute.
(1) The bulk guardian shall also take care to ensure that children who are taken care of by another guardian are taken care of just as perfectly as his guardian. This applies mutatis mutandis to children in the care of their parents, in particular if they decide which of the parents is to be entrusted, as well as to minors in the care of the guardian.
(2) If a bulk guardian in the activities of a legal representative of a child finds deficiencies or defects, he shall act to remedy the advice and assistance and shall monitor whether his instructions are being followed.
(3) If it turns out that a legal representative fails to follow the instructions given to him or if a joint guardian finds a serious failure of the legal representative, he shall immediately report to the court with an appropriate proposal.
The mass guardian shall also exercise the rights and duties of the legal representative, which the court shall delegate to the Office, as well as the tasks entrusted to the Office when it is appointed by the court by the guardian of the minor for the operation.
(1) If a mass guardian finds that a minor does not have a legal representative, he shall notify the court immediately.
(2) In addition, the bulk guardian shall, without delay, examine in an appropriate manner all the facts relevant to the provisions of the legal representative and communicate the outcome of the investigation to the court.
If, for example, the guardian's or guardian's action is taken before the custody or custody takes place, it shall be carried out by the guardian.
Protecting children who are not in the care of their parents.
(1) If a child needs to be placed in the care of the parent, whether because the child has lost the parent or because they are not adequately cared for, the guardian shall immediately report to the court.
(2) At the same time, the class guardian will find out what the possibilities for placing the child are, will inform the court thereof, and inform them of the care to which he or she recommends to entrust the child, and for what reasons.
(1) If a child is to be placed in the care of a parent without delay, especially since no one is taking care of the child, or if there is a serious threat to the development of the child in the current place, he or she will find a mass guardian where the child can be placed immediately and will place him or her there himself.
(2) Such placement shall be immediately reported to the court by the mass guardian and at the same time request approval of the measure.
The care of the child shall be decided solely by the interest of the child.
In order to ensure that a child is placed under collective care, which is most appropriate for them, and to enable the child to be placed without delay, the Office shall ensure that it has a constant overview of all children's health institutions, homes and other educational establishments, as well as their identification and the rules governing the admission of children to such establishments.
In order to choose a family suitable for the placement of a child, the Office shall carry out an investigation into whether persons who wish to receive a child in their care guarantee that the child will be raised to love a people's democratic state, whether they can provide an environment favourable to the child's development in all respects, and whether they are willing to do so out of affection and selfless love, while not pursuing ulterior objectives contrary to the child's interest.
Persons who take care of the child undertake to take care of the child and the society as they care about the physical and mental development of the child as they care about the conscientious parents of their own child.
(1) The bulk guardian also monitors, in particular, how a child placed in the care of the family is living with a new environment and whether its successful development is disturbed by anyone.
(2) If a child-care guardian finds shortcomings or defects, he shall act appropriately to remedy the case and shall immediately report to the court with an appropriate proposal if this is not sufficient.
Activities advisory and auxiliary.
In an ongoing effort to deepen youth protection and improve their own work, all members of the working group pay close attention to all initiatives, questions and requests. They shall deal with them without delay, willingly and conscientiously, and shall endeavour to ensure that the applicants are convinced of the accuracy of the proceedings, even if their request has not been granted.
(1) By the Council and through assistance, the members of the working group assist the office and the successful exercise of parental power, particularly in matters of child nutrition and education.
(2) Parents, guardians and guardians shall be assisted by office staff in contact with courts, national committees and public authorities. They shall inform the legal representatives of the children of the possibilities of placing the child in a health care facility, in a recovery facility, in institutions and facilities for education, nursing or medical, and, if necessary, they shall also facilitate the placement.
(1) If it is appropriate for the child to be adopted, it shall assist the Office in its implementation.
(2) The Office is therefore aware of both children who may be adopted and of persons who are willing to become adopted and are eligible.
(3) If the future adopter or legal representative of the adopted child turns to the office, they shall be informed by the mass guardian of the importance and purpose of the adoption in a people's democratic society, shall be informed of the legal conditions and legal consequences of the adoption and shall conduct an investigation into whether the adoption can be of benefit to the child. In the absence of any obstacle to adoption, the Office shall contribute to the Board of Appeal and shall assist in the provision of the necessary documents and, if so requested, shall draw up a request for adoption and, together with the documents, a report on the outcome of its investigation and submit it to the court.
The Office shall also monitor whether the adoption has created the expected favourable environment for the education and development of the genomic and how the genomic lives in the circumstances of the genomic development. From the knowledge acquired, members of the working group receive lessons from the Office for their further activities in connection with the selection of teachers.
The Office shall also assist the protection of young people by giving legal advice and providing the documents and drawing up the submissions necessary to establish paternity, to claim the child's claims against the dependants, to the mother's claims against the father of the child for whom she is not married, in particular to cover the costs of pregnancy and sleep, as well as to cover her personal needs.
(1) In cooperation, the judiciary is responsible for the legal protection of young people, both in civil matters and in criminal matters against minors.
(2) In matters of civil law, particularly in matters of guardianship, guardianship, parental and adoption, as well as in criminal matters against minors, the Office of the Court and the Prosecutor shall assist in the detection of material truth. In particular, it has the task of conscientiously and thoroughly identifying, on the spot, the very facts that may be decisive for the correct assessment of the case, providing reliable reports and appropriate proposals to the court and prosecutor, assisting in the enforcement of judgments on parental power, the education, contact or location of children. The Office shall take part in criminal proceedings against minors in accordance with the provisions of the Code of Criminal Procedure.
(3) The Office responsible for the performance of the tasks of legal protection of young people abroad recommends to the Court the measures necessary to protect minors and their property and assists the court and judicial protectors in particular in the measures of the necessary legal assistance abroad.
The Office also provides for the payment of the personal needs of children by helping the Council and the assistance to claim family allowances (child allowance, education allowance), national insurance benefits, provision allowance for members of the family of persons called to the military service, national child allowance (§ 31 et seq.) and so on.
Enforcement of child support rights by the State.
(1) If the child's interest so requires, the court may entrust the regional judicial authority to the People's Court to enforce his maintenance rights for the child as his representative, unless they are covered by the contribution provided. Such a measure shall be taken by the court in particular where recovery is difficult, in particular where the person who is obliged to recover it or where maintenance benefits are not paid for a longer period.
(2) If maintenance rights for the child are enforced by the county judicial administration by the execution of a salary, the amount of the salary subject to the execution shall be charged to the judicial administration on its proposal by the subdebtor. The Regional Court of Justice shall make such a proposal if it is called upon by the court; the court shall take such action if necessary to ensure that the child's entitlement to maintenance is satisfied.
Transitional and final provisions.
The courts, youth protection offices and national committees shall take all necessary measures without delay to ensure that no malfunctioning in the implementation of the provisions of the new legislation on the care of the state of children is caused by the provision of nutrition.
This Regulation shall enter into force on 1 January 1953.
Zaporocký v. r.
Dr Rais v. r.
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Regulation Information
| Citation | Regulation No. 70 / 1952 Coll., implementing the Law on Social Rights for Youth |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.11.1952 |
|---|---|
| Effective from | 01.01.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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