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changes in connection with the adoption of the Act. on child protection


Published: 1999
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360/1999 Coll. ACT of 9 December 1999 amending certain acts in connection with the adoption of the law on child protection Change: 218/2000. Change: 41/2009 Coll. Change: 329/2011 Coll. Change: 89/2012 Coll. The Parliament passed the Act of the Czech Republic: PART ONE ARTICLE I canceled canceled canceled PART TWO Article II abolished PART THREE Amendment to Act no. 99/1963 Coll., Civil Procedure Code, as amended, Article III Act No. 99 / 1963 Sb., Civil Procedure Code, as amended by Act no. 36/1967 Coll., Act no. 158/1969 Coll., Act no. 49/1973 Coll., Act no. 20/1975 Coll., Act. 133/1982 Coll., Act no. 180/1990 Coll., Act no. 328/1991 Coll., Act no. 519/1991 Coll., Act no. 263/1992 Coll., Act no. 24/1993 Coll. Act no. 171/1993 Coll., Act no. 117/1994 Coll., Act no. 152/1994 Coll., Act no. 216/1994 Coll., Act no. 84/1995 Coll., Act no. 118 / 1995 Sb., Act no. 160/1995 Coll., Act no. 238/1995 Coll., Act no. 247/1995 Coll., the Constitutional Court judgment published as no. 31/1996 Coll., Law no. 142 / 1996 Sb., the Constitutional Court judgment published as no. 269/1996 Coll., Act no. 202/1997 Coll., Act no. 227/1997 Coll., Act no. 15/1998 Coll., Act no. 91/1998 Coll., Act no. 165/1998 Coll. and Act no. 329/1999 Coll., is amended as follows: 1. In § 26 par. 2, "the Centre for International Legal Protection of Youth (hereinafter" the Headquarters ")" is replaced by "Office for International Legal Protection of Children (hereinafter" Authority '). " 2. In § 26 par. 3, the word "headquarters" is replaced by "Office". 3. § 35, including footnote no. 58) reads: "§ 35 Participation of Public Prosecution (1) The State Prosecutor may enter initiated proceedings concerning a) legal capacity, b) a declaration of death, c) the entry into the Commercial Register, d) the imposition of educational measures in accordance with § 43 para. 1 and 2 of the Family Code, e) institutional care and the extension of institutional education, f) suspension, limitation or deprivation of parental responsibility. Authorised Public Prosecutor's Office or the Attorney to file for initiate proceedings under special regulations ^ 58) is not affected. (2) The State Prosecutor's Office is in such proceedings is entitled to perform all acts that can accomplish a party, unless the tasks that can execute a participant in a legal relationship. (3) In matters referred to in paragraph 1. d) to f) prosecutor may secure in the public interest to initiate proceedings, unless initiated according to § 81 paragraph. 1 and 2, or on a proposal from another petitioner. 58) For example § 21 and 29 of Law No. . 2/1991 Coll., on collective bargaining, § 62 and 62a of Act no. 94/1963 Coll., on family, as amended by Act no. 91/1998 Coll. ". 4. In § 178. 2, "a body of childcare and the municipal body that are familiar," replaced by "an enforcing child protection that is familiar." 5. In § 272, paragraph. 3, the words "organ childcare" is replaced by "exercising authority child protection". PART FOUR Cancelled PART FIVE Article IV abolished abolished abolished Article V PART SIX Amendment to Act no. 200/1990 Coll., On misdemeanors, as amended, Article VI Act no. 200/1990 Coll., On misdemeanors, as amended Act no. 337/1992 Coll., Act no. 344/1992 Coll., Act no. 359/1992 Coll., Act no. 67/1993 Coll., Act no. 290/1993 Coll., Law no. 134 / 1994 Sb., Act no. 82/1995 Coll., Act no. 237/1995 Coll., Act no. 279/1995 Coll., Act no. 289/1995 Coll., Act no. 112/1998 Coll. and Act no. 168/1999 Coll., is amended as follows: 1. In § 28 para. 1, letter b), new letters c) to i), which, including footnotes. 3h) added: "c) leaving a minor child without proper supervision appropriate to his age, intellectual development or state of health, and that it will issue risk of serious harm to health, d) leaves the minor without proper supervision appropriate to his age, intellectual development or state of health, and as a result, child causing bodily harm to another person or damage to another's property is not negligible, e) intended to humiliate human dignity of a minor child used against him of inappropriate actions f) intentionally impose authority's decisions enforcing child protection under a special law, or fails to comply one of the duties assigned to him the special legislation imposes ^ 3h) g) abuses a minor child for physical work disproportionate to his age and his level of physical and intellectual development, h) willfully destroy, damage, alter or misuses the certificate of extra benefits, i) violates any other obligation imposed by law on social security in the area of ​​extraordinary benefits card, 3h ) Act no. 359/1999 Coll., on child protection. ". The existing letters c) and d) shall become letters j) and k). 2. In § 28 paragraph 2 reads:" (2) for an offense under paragraph 1 point. b) can be fined up to CZK 5 000, for an offense under subsection 1. c) to g) may be fined up to 10 000 CZK for a misdemeanor pursuant to paragraph 1. a), h) to k) may be fined up to 10 000 CZK for a misdemeanor pursuant to paragraph 1. f) may be fined up to 20 000 CZK. ". 3. In § 74 para. 2," a body of custody "is replaced by" exercising authority child protection. "4. In § 81 paragraph. 1 the words "organ of custody" is replaced by "exercising authority child protection." 5. In § 92 paragraph. 1, the words "organ of custody" is replaced by "exercising authority child protection." PART SEVEN Amendment to Act no. 576/1990 Coll., on management rules concerning budgetary means of the Czech Republic and municipalities in the Czech Republic (Budgetary Rules), as amended, Article VII canceled PART EIGHT Amendment to Act no. 455/1991 Coll. (Trade Licensing Act), as amended in Article VIII § 3 para. 3 of the Act no. 455/1991 Coll., on Trades (Trade Act), as amended by Act no. 286/1995 Coll., Act No. . 147/1996 Coll., Act no. 19/1997 Coll., Act no. 49/1997 Coll., Act no. 79/1997 Coll., Act no. 217/1997 Coll., Act no. 15/1998 ., Act no. 167/1998 Coll. and Act no. 356/1999 Coll., the full stop at the end of paragraph replaces the comma and the letter b), which including footnote no. 23i) reads: "b) Performance child protection legal and natural persons are if the performance of child protection mandated by special legislation. ^ 23i) 23i) § 4 para. 2 point. b) and § 48-50 of Act no. 359/1999 Coll., on child protection. " . PART NINE Amendment to Act no. 582/1991 Coll., On Organization and Implementation of Social Security, as amended, Article IX Act no. 582/1991 Coll., On Organization and Implementation of Social Security, as amended by Act no. 590/1992 Coll., Act no. 37/1993 Coll., Act no. 160/1993 Coll., Act no. 307/1993 Coll., Act no. 241/1994 Coll., Act no. 118/1995 Coll., Act No. . 160/1995 Coll., Act no. 134/1997 Coll., Act no. 306/1997 Coll., Act no. 93/1998 Coll., Act no. 225/1999 Coll. and Act no. 356/1999 Coll., is amended as follows: 1. In § 18 par. 1 letter a) reads: "k) foster parents who have foster mothers in special facilities, carried out by the founder of this device." 2. In § 36 letter n) is added: "n) foster parents who have foster mothers in special establishments, the founder of this device." PART TEN Amendment to Act no. 368/1992 Coll., On administrative fees, as amended ARTICLE X Act no. 368/1992 Coll., On administrative fees, as amended by Act no. 10/1993 Coll., Act. 72/1994 Coll., Act no. 85/1994 Coll., Act no. 273/1994 Coll., Act no. 36/1995 Coll., Act no. 118/1995 Coll., Act no. 160/1995 Coll. Act no. 301/1995 Coll., Act no. 151/1997 Coll., Act no. 305/1997 Coll., Act no. 149/1998 Coll., Act no. 157/1998 Coll., Act no. 167 / 1998 Sb., Act no. 63/1999 Coll., Act no. 166/1999 Coll., Act no. 167/1999 Coll., Act no. 223/1999 Coll., Act no. 326/1999 Coll. Act no. 352/1999 Coll. and Act no. 357/1999 Coll., is amended as follows: 1. In § 9 par. 2 point. a) after the word "employment" the words "on child protection". 2. In § 9. 2 at the end of the text letters a) the following words: "with the exception of the fee for the issuance or replacement license extraordinary benefits for severely handicapped citizens." 3. Schedule of administrative charges under item 8 the following item 8a is inserted: "Item 8a) Issuance of a certificate of extra benefits for disabled citizens CZK 30 - b) Issue of new license extraordinary benefits for seriously disabled people due to the destruction or loss of the card CZK 50, -. " PART ELEVEN Amendment to Act no. 307/1993 Coll. Amending and supplementing Law no. 589/1992 Coll., On social security and state employment policy, as amended, Act no. 100/1988 Coll., On Social Security, as amended, and certain other laws Article XI Art. VIII of the Act no. 307/1993 Coll. Amending and supplementing Law no. 589/1992 Coll., On social security and state employment policy, as amended, Act no. 100/1988 Coll. Social Security, as amended, and certain other Acts are repealed. PART TWELVE Amendment to Act no. 117/1995 Coll., On state social support, as amended ARTICLE XII Law no. 117/1995 Coll., On state social support, as amended by Act no. 137/1996 Coll., Act no. 132/1997 Coll., Act no. 242/1997 Coll., Act no. 91/1998 Coll. and Act no. 158/1998 Coll., is amended as follows: 1. § 3 para. 1, second sentence reads: "Permanent residence under this Act also foreigners staying in the Czech Republic reported a residence under special legislation stay of foreigners in the Czech Republic, from the date on which 365 days have elapsed from the date of notification. ". Footnote. 2) is deleted. 2. In § 5 para. 5, the words "April" is replaced by "July" and "March 31" is replaced by "30 June". 3. In § 7 para. 3 point. a) at the end of the following words, which including footnote no. 7) added: "and if it was referred to the parents to take a child to the joint or alternating custody of both parents under a special legal regulation, 7a) are deemed a dependent minor child parent designated by agreement of the parents that this agreement can parents change as of the first day of each calendar quarter, 7a) § 26 par. 2 of the Family Code. ". 4. In § 7 para. 12 letter. c) the word "court" is replaced by "an enforcing child protection". 5. In § 7 para. 12 letter d) be deleted. Existing letters e) to h) are renumbered d) to g). 6. In § 7 para. 12 letter. d) the word "guardian" is replaced by "guardian". 7. In § 7 para. 12 letter. e) the words "law on foster care," shall be replaced, which including footnote no. 36), added: "special legal regulation, 36) 36) § 45a of the family.". 8. In § 7 para. 12 letter f), including footnote no. 18) reads: "f) the decision of an enforcing child protection under a special legal regulation 18) into the care of a person who is interested in becoming a foster parent, 18) § 45b Para. 2 Act on the Family. ". 9. In § 51 paragraph. 2, the words "April to 31 March" is replaced by "July to 30 June" and "March 31" the words "June 30". PART THIRTEEN Amendment to Act no. 118/1995 Coll. Amending and supplementing certain acts in connection with the adoption of the law on state social support ARTICLE XIII Art. VII of the Act no. 118/1995 Coll. Amending and supplementing certain acts in connection with the adoption of the law on state social support, is repealed. PART FOURTEEN Amendment to Act no. 160/1995 Coll. Amending and supplementing certain acts in connection with adoption of the Law on Pension Insurance Article XIV Art. XVIII paragraph 1 of Law no. 160/1995 Coll. Amending and supplementing certain acts in connection with adoption of the Law on pension insurance, it is deleted as well as the denomination Item 2. PART FIFTEEN TRANSITIONAL PROVISIONS ARTICLE XV 1. Certificates TP ZTP and ZTP / P issued before 1 July 2000 shall be valid for the period set therein, but not later than 31 December 2001. 2. Period, the beginning of which fell on April 1, 1999, which is granted social allowance and housing allowance by Act no. 117/1995 Coll., on state social support, as amended by Act no. 137/1996 Coll., Act no. 132/1997 Coll., Act no. 242/1997 Coll., Act no. 91/1998 Coll . and Act no. 158/1998 Coll., shall be extended until 30 June 2000. During the entitlement to social allowance and housing allowance in the period from 1 April 2000 to 30 June 2000 based on the same decisive income from which would be based on the provision of social allowance and housing allowance in the period from 1 January 2000 to 31 March 2000. 3. The decisive period for which it is determined decisive income for the calendar quarter from 1 April 2000 to 30 June 2000, pursuant to the Act no. 75/1997 Coll., on social contribution to offset the price increase of heat energy, as amended by Act no. 242/1997 Coll., calendar quarter from 1 October 1999 to 31 December 1999. The decisive period for which it is determined decisive income for the calendar quarter from 1 April 2000 to 30 June 2000, pursuant to the Act no. 132/1997 Coll., on social contribution to offset increased rent and amending Act no. 117/1995 Coll., on state social support, as amended by Act no. 137/1996 Coll., as amended by Act no. 242/1997 Coll., the calendar quarter from 1 October 1999 to 31. December 1999. PART SIXTEEN EFFECT ARTICLE XV This Act shall take effect on 1 April 2000, with the exception of Art. IV, paragraphs 3, 4, 6 and 7, Art. V, points 6 and 16 and Art. X, points 2 and 3, come into effect on 1 July 2000. Klaus Havel vr vr Zeman