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19 MARCH 2017. - An Act to amend legislation with a view to establishing a status for family homeowners (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to the Civil Code
Art. 2. In Book I of the Civil Code, title IX, replaced by the Act of March 31, 1987, is replaced by the following:
"TITRE IX. - Parental authority and family reception."
Art. 3. In title IX, as amended by section 2, a chapter I is inserted, comprising sections 371 to 387ter, entitled:
"CHAPITRE I^er- Parental authority."
Art. 4. In article 387bis of the same Code, last amended by the Act of 8 May 2014, the words "of articles 584 and 1280 of the Judicial Code" are replaced by the words "of articles 584 and 1280 of the Judicial Code and article 7/1 of the Act of 8 April 1965 on the protection of youth, the care of minors who have committed a crime and the reparation of the damage caused by it."
Art. 5. In Title IX of the same Code, as amended by Article 2, a chapter II is inserted entitled:
"CHAPITRE II. - Family welcome."
Art. 6. In Chapter II, inserted by Article 5, an article 387quater is inserted as follows:
"Art. 387quater. The provisions of this chapter apply to the placement of a non-emancipated minor child in the context of the family home, in accordance with the applicable regulations for youth assistance and youth protection. ".
Art. 7. In the same chapter II, an article 387quinquies read as follows:
"Art. 387quinquies. During the placement period, family accommodators exercise the right of accommodation and the right to make every day-to-day child-related decision.
Parents retain the competence to make important decisions on the health, education, training, leisure and religious or philosophical choices of the child.
However, this latter jurisdiction is the responsibility of the family homeless in cases of extreme emergency. In such cases, the parents immediately share their decision with the parents or, if the parents cannot be contacted, with the family placement authority."
Art. 8. In the same chapter II, an article 387sexies is inserted as follows:
"Art. 387sexies. Parents or guardians and family accommodators agree in writing to the intervention of the competent body in the matter of family reception, how parents or guardians may exercise their right to personal relations under section 387undecies, taking into account the possibilities and conditions of life of the parents.
In accordance with articles 1253ter/4 and 1253ter/6 of the Judicial Code, the agreement may be subject to the approval of the family court. The registration may only be refused if it is contrary to the child's interest.
If parents or guardians and family homeless persons cannot reach an agreement, the judge shall rule on the request of the most diligent party. ".
Art. 9. In the same chapter II, an article 387septics is inserted as follows:
"Art. 387s. § 1^er. Parents or guardians and family accommodators may agree, in writing, with the intervention of the competent body in the area of family reception, to delegate to the family accommodators, completely or partially, including in the absence of emergencies, the competence to make important decisions concerning the health, education, training, leisure and religious or philosophical orientation of the child, with the exception of the rights of the child The rights and duties relating to the administration of the property of the child may also be delegated to the foster family by agreement.
The convention explicitly mentions the rights and duties that are delegated to family homeowners for the exercise of parental authority. The agreement sets out the terms and conditions for the exercise of delegated skills between parents and family homeowners.
§ 2. The agreement shall be submitted for approval to the family court in accordance with articles 1253ter/4 and 1253ter/6 of the Judicial Code. The registration may only be refused if it is contrary to the child's interest.
The approved agreement may not prejudice the duration of the family reception established by the competent family reception bodies.".
Art. 10. In the same chapter II, an article 387octies is inserted as follows:
"Art. 387octies. § 1^er. In the absence of a convention as referred to in article 387septics and provided that, for at least one year before the application, the child has been permanently placed in the family of the foster family, the foster family may request the family court of their delegate, also in the case of an emergency, in whole or in part, the competence to make important decisions concerning health, education, training, leisure and religious orientation The rights and duties relating to the management of the property of the child may also be delegated to the foster family.
The application is filed in accordance with articles 1253ter/4 to 1253ter/6 of the Judicial Code.
The judgment cannot affect the duration of the family reception established by the competent bodies for the family reception.
They bring their action against, as the case may be, both parents, single parent or guardian of the child.
§ 2. The judgment or judgment explicitly mentions the rights and duties that are delegated to family homeless persons for the exercise of parental authority. ".
Art. 11. In the same chapter II, an article 387 was inserted, as follows:
"Art. 387novies. Family caregivers jointly exercise the skills that, in accordance with this chapter, have been delegated to them on the child.
With respect to third parties in good faith, each family host is deemed to act with the other's agreement when he alone performs an act relating to the powers delegated to them, subject to the exceptions provided by law.
If no agreement is reached, each family-friendly person may apply to the family court in accordance with section 387duodecies. ".
Art. 12. In the same chapter II, an article 387decies is inserted, as follows:
"Art. 387decies. In the exercise of the rights and duties that are delegated to them in accordance with this chapter, family accommodators take as much as possible into account the principles to which the parents or guardians have subscribed and established, if any, in accordance with the applicable youth protection regulations, in particular within the competences referred to in Article 374, § 1^er2.
Art. 13. In the same chapter II, an article 387undecies is inserted as follows:
"Art. 387undecies. Parents or guardians retain the right to monitor the education of the child, whether or not they exercise parental authority. They may obtain all relevant information in this regard from family or third-party hosts and address the family court in the child's interest. Parents or guardians also retain the right to personal relations with the child. These personal relationships can only be denied on very serious grounds. ".
Art. 14. In the same chapter II, an article 387duodecies is inserted as follows:
"Art. 387duodecies. The Family Court may, at the request of the father and mother, of one of them, the guardian, the foster family or the Crown Prosecutor, order, amend or terminate, in the interests of the child, any decision relating to parental authority in accordance with articles 1253ter/4 to 1253ter/6 of the Judicial Code. ".
Art. 15. In the same chapter II, an article 387terdecies is inserted as follows:
"Art. 387terdecies. The rights and duties delegated for the exercise of parental authority and assigned to foster families in accordance with this chapter shall be devoid of full right:
1° by majority of the child;
2° in the event of the death of the foster family;
3° in case of death, emancipation or adoption of the child;
4° if the placement is terminated in accordance with the applicable regulations for youth assistance and youth protection. ".
Art. 16. In the same chapter II, an article 387quaterdecies is inserted as follows:
"Art. 387quaterdecies. For the purposes of section 375bis, the person in whom a child has been permanently placed for at least one year is presumed to have a particular connection of affection with that child.".
CHAPTER 3. - Amendments to the Judicial Code
Art. 17. In article 572bis, paragraph 1^er, of the Judicial Code, inserted by the law of 30 July 2013 and amended by the law of 8 May 2014, the words "and in the youth court, within the framework of the measures of protection of the youth," are inserted between the words "recognized to the justice of the peace" and the words "and special legislation".
Art. 18. In Article 1253ter/4, § 2, paragraph 1^er, of the same Code, inserted by the law of 30 July 2013 and amended by the law of 8 May 2014, it is inserted a 2/1° written as follows:
"2/1° to family reception;".
Art. 19. Section 1253ter/8 of the same Code, inserted by the Act of 30 July 2013, is supplemented by paragraph 2 as follows:
"The Family Court may, at the request of the most diligent party or the Public Prosecutor's Office, decide on the measures relating to the parental authority referred to in Article 7 of the Youth Protection Act of 8 April 1965, the care of minors who have committed an offence and the compensation for the damage caused by this fact."
CHAPTER 4. - Amendments to the Act of 8 April 1965 on the Protection of Youth, the Care of Minors who have committed a crime and the Compensation of Damage caused by this fact
Art. 20. Section 7 of the Act of 8 April 1965 on the Protection of Youth, the Care of Minors who have committed a crime and the Compensation of Damage caused by this fact is re-established in the following wording:
"Art. 7. The Youth Court may decide on all measures relating to parental authority referred to in Book I^erTitle IX of the Civil Code, provided that there is a connexity between them and the measures for the protection of youth that have been ordered. ".
Art. 21. In the same Act, an article 7/1 is inserted as follows:
"Art. 7/1. The measures imposed by the Family Court in respect of parental authority shall be suspended if they are incompatible with the measures of protection of ordered youth, until the measure of protection of the youth ends or until the youth court decides otherwise.
After the end of the youth protection measure, the measures ordered in accordance with Article 7 shall remain in effect, or, where appropriate, suspended measures shall enter into force again, until the parties agree otherwise or until the family court decides otherwise."
Art. 22. Article 45, 1°, of the same law is restored in the following wording:
"1° ex officio, at the request of the Public Prosecutor's Office, of the parents or, if any, of the foster family if it is a matter referred to in Article 7.".
CHAPTER 5. - Entry into force
Art. 23. This Act comes into force on 1^er September 2017.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 19 March 2017.
PHILIPPE
By the King:
Minister of Justice,
K. GEENS
Seal of the state seal:
The Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents. 54-697