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Consolidated version as of 01-09-2016
GOVERNMENT OF THE REPUBLIC OF LITHUANIA
RESOLUTION NO 1114
ON APPROVAL OF REGULATIONS OF THE STATE CHILD RIGHTS PROTECTION AND ADOPTION SERVICE UNDER THE MINISTRY OF SOCIAL SECURITY AND LABOUR
20 October 2005
Vilnius
Acting pursuant to Article 3.219.1 of the Civil Code of the Republic of Lithuania, the Government of the Republic of Lithuania has resolved:
to approve Regulations of the State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour (as appended).
PRIME MINISTER ALGIRDAS BRAZAUSKAS
minister of SOCIAL SECURITY AND LABOUR VILIJA BLINKEVIČIŪTĖ
APPROVED BY
Resolution No 1114
of the Government of the Republic of Lithuania
of 20 October 2005
(version of Resolution No 393
of the Government of the Republic of Lithuania
of 20 April 2016)
REGULATIONS OF THE STATE CHILD RIGHTS PROTECTION AND ADOPTION SERVICE UNDER THE MINISTRY OF SOCIAL SECURITY AND LABOUR
GENERAL PROVISIONS
1. The State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour (hereinafter, the Service) is an institution under the Ministry of Social Security and Labour of the Republic of Lithuania (hereinafter, the Ministry of Social Security and Labour).
2. The mission of the Service is to implement and participate in the formation of the State policy in the field of protection of the rights of the child.
3. In its activities, the Service shall follow the Constitution of the Republic of Lithuania, the United Nations Convention on the Rights of the Child, the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, the Convention Concerning the Powers of Authorities and the Law Applicable in Respect of the Protection of Infants, the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, the Convention of the Civil Aspects of International Child Abduction, other international treaties on protection of the rights of the child signed by the Republic of Lithuania, Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ Special edition 2004, Chapter 19, Volume 006, P. 243), as amended by Council Regulation (EC) No 2116/2004 of 2 December 2004 (OJ 2004 L 367, P. 1), the Law on Fundamentals of Protection of the Rights of the Child of the Republic of Lithuania, other legal acts regulating protection of the rights of the child and adoption, and Regulations of the State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour (hereinafter, the Regulations).
4. The Service is a public legal entity, which has its bank accounts, its seal bearing the Coat of Arms of the State of Lithuania, and its name. The head office of the Service is located at 13 A. Vivulskio street, Vilnius.
5. The Service is a budget authority, maintained from the State budget of the Republic of Lithuania and other State financial funds, for which the funds shall be allocated and administered in compliance with the procedure prescribed by the Law on Budgeting of the Republic of Lithuania. Other legally received funds may also be used to finance the Service.
6. The Ministry of Social Security and Labour shall exercise the rights and duties of the owner of the Service (except for adoption of decisions on reorganization and dissolution of the Service, as well as amendments to the Regulations). It shall control activities of the Service, and resolve matters attributed to the powers of the institution exercising the rights and duties of the owner. The Government of the Republic of Lithuania shall approve and amend the Regulations.
OBJECTIVES AND FUNCTIONSOF THE SERVICE
7. The objective of the activities of the Service is to ensure, within the scope of its powers, protection of the rights of the child.
8. The Service shall:
8.1. with the view of the objective, specified by the Regulations:
8.1.1. within the scope of its powers, coordinate activities of child rights protection departments, offices, and services under the municipality administrations (hereinafter, the municipal child rights protection departments), as well as summarize and analyse statistics of activities of the municipal child rights protection departments;
8.1.2. provide the municipal child rights protection departments with methodical assistance while implementing measures for protection of the rights of the child and organizing child adoption in municipal territories;
8.1.3. organise meetings of the municipal child rights protection departments, residential childcare institutions, and other agencies and institutions operating in the field of protection of the rights of the child;
8.1.4. draft summaries of decisions on matters related to protection of the rights of the child and shape uniform work practice of the municipal child rights protection departments;
8.1.5. solve matters in connection to placement of a child, who has citizenship of the Republic of Lithuania and has been left without parental care abroad, and/or exercise of parental responsibility of his parents abroad, as well as placement of a child, who is a foreign national and has been left without parental care in Lithuania, and/or exercise of parental responsibility of his parents in Lithuania;
8.1.7. at the municipality administrations’ request, give recommendations on implementation of measures for protection of the rights of the child;
8.1.8. keep record of children, who are placed in social care institutions, the rights and duties of the owner whereof are exercised by the Ministry of Social Security and Labour, organise referral of children to these institutions, and perform supervision of referrals;
8.1.9. take part in the activities of councils, commissions, and working groups related to protection of the rights of the child;
8.1.10. organise adoption to the citizens of the Republic of Lithuania and to foreign nationals in the Republic of Lithuania;
8.1.11. take decisions on authorization of foreign authorities to act in respect of intercountry adoption in the Republic of Lithuania;
8.1.12. give authorization to a legal entity to run a programme of temporary stay abroad for children placed in the institutional care (guardianship);
8.1.13. compile, analyse, and keep information on adoption, children, previously permanent residents of the Republic of Lithuania, who have been adopted by citizens of the Republic of Lithuania and foreign nationals, children, who are citizens of the Republic of Lithuania and who permanently reside abroad, children, who are not citizens of the Republic of Lithuania, but who permanently reside in the Republic of Lithuania and are in need of personal protection or of protection of their property, children, taken away in violation of the rights of guardianship, children, who are not citizens of the Republic of Lithuania, but who are placed under the guardianship in Lithuania, children, who are citizens of the Republic of Lithuania and have been left without parental care abroad, and children, who are considered to be placed in the Republic of Lithuania;
8.1.14. organise training and certification of specialists, who perform assessment of readiness of child carers (guardians) and adoptive parents to provide care (guardianship) or to adopt;
8.2. as well as perform the following functions:
8.2.1. cooperate with the public and municipal authorities and institutions, non-governmental organizations, as well as foreign central authorities or their accredited institutions in the field of protection of the rights of the child and adoption;
8.2.3. within the scope of its powers, collect, on an annual basis, from the municipal child rights protection departments, public authorities, and institutions, information on children, as specified in Paragraph 6 of the list of indicators of statistical information on children, approved by Resolution No 695 of the Government of the Republic of Lithuania of 8 June 2004 on the Approval of the List of Indicators of Statistical Information on Children, organise, analyse, summarise, and submit this information to the Ministry of Social Security and Labour as well as other public and municipal authorities and institutions;
8.2.4. within the scope of its powers, analyse notifications, applications, and complaints, submitted by natural persons and legal entities, as well as take necessary measures to resolve issues raised therein;
RIGHTS OF THE SERVICE
9. In view of its objectives, and while performing functions, assigned to the scope of its powers, the Service shall be entitled to:
9.1. obtain information from the public and municipal authorities and institutions, non-governmental organizations, and central authorities or accredited institutions thereof of the receiving foreign states, on the matters attributed to the scope of its powers;
9.2. visit the municipal child rights protection departments, foster homes, and social care institutions for children;
9.3. use assistance of representatives of the public and municipal authorities and institutions as well as non-governmental organizations, upon approval by their authorities, to analyse issues under consideration;
9.4. get acquainted, within the scope of its powers, with the material of the permanent care (guardianship) or adoption cases examined in courts;
ORGANISATION OF THE SERVICE ACTIVITIES
11. Activities of the Service shall be organized pursuant to an annual work plan, approved by the Minister of Social Security and Labour. Centralized Internal Audit Division of the Ministry of Social Security and Labour shall assess implementation of the annual work plan.
12. Activities of the Service shall be governed by its Rules of Procedure, internal regulations, regulations of administrative subdivisions of the Service, as well as job descriptions of public servants and contractual employees, whose salaries are paid from the State budget and State’s financial funds.
13. The Minister of Social Security and Labour shall approve administrative structure of the Service.
14. The Service shall be headed by the Director, who shall be appointed for the period of 4 years and dismissed by the Minster of Social Security and Labour in compliance with the procedure established by the Law on Public Service of the Republic of Lithuania (not on the basis of political (personal) trust). Director of the Service can be appointed to serve as head (director) of the Service for maximum two successive periods of office. Director of the Service shall be directly subordinate and accountable to the Minister of Social Security and Labour.
15. Director of the Service shall:
15.1. within the scope of their powers, issue orders as well as organize and control implementation thereof;
15.2. organize activities of the Service in view of achievement of its objectives and performance of functions assigned to the Service;
15.3. within the scope of their powers, enter into contracts in view of achievement of the Service’s objectives and performance of its functions;
15.4. send public servants and contractual employees of the Service, whose salaries are paid from the State budget and State’s financial funds, on business trips to carry out service assignments;
15.5. approve:
15.5.1. job descriptions of public servants and contractual employees of the Service, whose salaries are paid from the State budget and State’s financial funds, without exceeding the funds allocated for salaries and maximum allowable number of positions of public servants and contractual employees, whose salaries are paid from the State budget and State’s financial funds, as approved for the Service;
15.6. employ and dismiss public servants and contractual employees, whose salaries are paid from the State budget and State’s financial funds;
15.7. provide incentives to public servants and contractual employees, whose salaries are paid from the State budget and State’s financial funds, take disciplinary action and impose disciplinary sanctions on them, and award allowances to them;
15.8. have control of the funds of the Service and perform relevant financial transactions, sign bank cheques, powers of attorney, as well as other documents;
15.9. ensure drafting of the annual work plan of the Service and submit it to the Minister of Social Security and Labour for approval;
15.10. represent:
the Service before the public and municipal authorities and institutions as well as in relations with other national or foreign natural persons and legal entities;
15.11. ensure rational and economical use of funds and property, efficient development, operation, and improvement of the internal control system of the Service;
15.12. guarantee accuracy of the compendiums of reports and statistical reports, submitted in accordance with the Law on Public Sector Accountability of the Republic of Lithuania;
16. Deputy (Deputies) of the Director of the Service shall be employed and dismissed by the Director of the Service in accordance with the procedure prescribed by the Law on Public Service of the Republic of Lithuania. Deputies of the Director of the Service shall be directly subordinate and accountable to the Director of the Service.
17. Deputy (Deputies) of the Director of the Service shall:
17.1. coordinate and control, within the fields of administration set by the Director of the Service, the pursuit of objectives and performance of functions assigned to the Service;
17.2. assist the Director of the Service in the formation and pursuit of strategic objectives of the Service;
INTERNAL ADMINISTRATION CONTROL OF THE SERVICE
19. The Centralized Internal Audit Division of the Ministry of Social Security and Labour shall perform internal audit of the Service.
20. The National Audit Office of the Republic of Lithuania shall perform state audit (financial and performance audit) of the Service.
21. The financial control of the Service shall be performed in accordance with the procedure set by the Director of the Service.
