109/2002 Sb.



LAW



of 5 December. February 2002



about the performance of institutional care or protective education in educational establishments

and about the preventive educational care in school facilities and on changing other

the laws of the



Change: 476/2004 Sb.



Change: 562/2004 Coll., 563/2004 Sb.



Change: 383/2005 Sb.



Change: 112/2006 Sb.



Change: 189/2008 Sb.



Change: 274/2008 Sb.



Changed: 7/2009 Sb.



Change: 41/2009 Sb.



Change: 281/2009 Sb.



Change: 352/2011 Sb.



Change: 375/2011 Sb.



Change: 333/2012 Sb.



Change: 401/Sb.



Change: 89/2012 Coll. 303/2012 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



THE PERFORMANCE OF INSTITUTIONAL CARE OR PROTECTIVE EDUCATION IN EDUCATIONAL ESTABLISHMENTS AND

PREVENTIVE EDUCATIONAL CARE IN SCHOOL FACILITIES



TITLE I OF THE



INTRODUCTORY PROVISIONS



§ 1



The purpose and scope of the school facilities for institutional upbringing or

protective education and preventive care for the elderly



(1) in the school facilities for institutional upbringing or protective

Education (hereinafter referred to as "equipment"), and in school facilities for preventive

educational care, educational care centres (hereinafter referred to as

"the Centre"), must be ensured a fundamental right of every child to the

education and training in the wake of the constitutional principles and international

the Treaty on human rights and fundamental freedoms, which the Czech

Republic, created conditions conducive to the child's confidence,

developing the emotional side of his personality and allowing active participation

of the child in society. The child must be treated in the interest of full and

the harmonious development of his personality with regard to the needs of persons of his

age.



(2) the purpose of the facility is to ensure the underage person ^ 1), generally in the

age from 3 to 18 years old, or adult to 19 years (hereinafter referred to as

"the child"), on the basis of the decision of the Court on the constitutional education or protective

education of the interim measures or alternative educational care in the interest of its

healthy development, proper education and training. The device shall cooperate with the

the child's family and provide her assistance in ensuring matters

concerning the child, including family therapy and parent training and

other skills necessary for the education and care in the family. Device

provide support in the transition of the child to its original family

environment or its relocation to alternative family care.



(3) the purpose of the centres is to provide preventive and educational care, and by

in particular, to prevent the emergence and development of the negative manifestations of child's behaviour

or disruption of its healthy development, to mitigate or eliminate the causes of

or the consequences of behavior disorders already incurred and to contribute to a healthy

personal development of the child. The Centre provides assistance to parents or

other persons to whom it was entrusted to the child custody decision

the competent authority (hereinafter referred to as "the person responsible for the education") in the upbringing of

and education of the child and in the solution of the problems associated with the care of a child with

order to preserve and strengthen the family ties of the child and to prevent the secession of the child

from his family environment.



(4) the Centre shall cooperate with the authorities and the social and legal protection

children in accordance with an individual child protection plan ^ 1a).



TITLE II



DEVICE



§ 2



(1) the Devices are:



and diagnostic Institute)



(b)), the children's home



(c)), the school children's home



(d) Educational Institute).



(2) the devices provide care otherwise provided by the persons responsible for the

the education of the children with the orphanage or the stored trade

upbringing. The device provides the special pedagogical and psychological

outpatient services also form, the child who resides outside of the device

According to § 23 paragraph. 1 (a). and (c)).)



(3) the devices provide the care referred to in paragraph 2 also to the children, which was

ordered interim measures. ^ 2)



(4) the devices provide care to children who are not also citizens of the Czech

Republic and fulfil the conditions laid down by the law on socio-legal

the protection of children ^ 3). If these children in particular from linguistic reasons, not

be placed into other devices, provides them the care allowance

the organization established by the Ministry of education, youth and sports (hereinafter referred to

"the Ministry"), which may exercise activities of all devices

referred to in paragraph 1; for these children can set up separate

Department within each facility referred to in paragraph 1.



(5) the Equipment into which the child is located, has the right to choose a doctor or

another specialist or provider of health services.



(6) the device may on request provide full direct provision

the adult dependent person after the termination of the constitutional education and

protective education, preparing for the future of the profession, but within

age 26 years (hereinafter referred to as "nezaopatřená") ^ 4) pursuant to the contracts concluded

between the nezaopatřenou person and equipment not later than 1 year after the termination of the

institutional care or protective custody.



(7) the children referred to in paragraphs 2, 3, 4, and their dependent osobámje

receive full direct provision, and it



and, accommodation and meals), clothing,



(b) the learning needs and AIDS),



(c) the payment of necessary expenses) on education,



(d)) reimbursement of costs of health services, medicines and medical

resources that are not covered by health insurance, unless they have been

health services requested the legal representatives of the child,



e) pocket money, personal gifts and material assistance when leaving adult from

the device,



f) payment of transport costs to the headquarters of the school.



(8) in a time when staying in the device interrupted pursuant to § 23 paragraph. 1 (a).

and child) or is stored is located outside the protective care of conditionally

equipment, provide the child full direct provision of persons for which the child

is staying.



(9) the children referred to in paragraphs 2, 3, 4, and their dependent persons may

be borne by the



and the need for the use of) leisure and recreation



(b)) the cost of the cultural, artistic, sports and leisure activities,



(c) the costs of competitive action), recreation,



(d) the cost of transport to) persons responsible for education.



(10) in the context of the care of children are catered for by the specific educational and

educational needs, in the odstupňovaném range for children



and age) a separate,



(b) requiring the occasional) a separate control,



(c) requiring the occasional lead and) continuous monitoring,



(d) requiring constant leadership) sign and the control,



(e) requiring systematic intensive individual) care.



(11) an assessment of the child referred to in paragraph 10 shall be carried out in conjunction with the

specialist (§ 8 paragraph 2) at least once in a calendar

the year.



(12) to the device are placed the children with mental, physical,

sensory disabilities, with speech defects, or with multiple defects, which

She was ordered by the constitutional education, stores or ordered protective education

the injunction, if the degree of disability is not responding

their location into devices of social services ^ 5) or

specialized medical equipment. For these children the device

ensure appropriate conditions modifying daily routine and amenity equipment

the adequacy of the health service provider shall examine in

the field of practical medicine for children and adolescents, with which it has concluded the device

contract for the provision of health services ^ 6), with which it has concluded the device

contract for the provision of health care, ^ 6) (hereinafter referred to as "registering

the doctor "). To further ensure appropriate educational, therapeutic and social

rehabilitation program or ensure their one-week stay in boarding school

the school according to the type of their disability and by the competent

provider of health services and specialized care and

specialized health care.



(13) in the establishments and centres will create the conditions for the participation of children in the

religious education, religious ceremonies, where appropriate, on compliance with the

religious practice, and in accordance with the interests of the child and with regard to the

the previous family upbringing and to the child's abilities.



(14) the details concerning the Organization of educational activities and care in

facilities and the Centre and about how the application of rights and obligations

This law defined the children or persons responsible for the education,

device and the Centre shall lay down the rules of procedure.



(15) the Diagnostic Institute provide children's homes, children's homes,

school and educational institutes, located in its territorial jurisdiction, on its

request the necessary information from the documentation referred to in § 34 paragraph-led. 1 (a). (e)),

(f)), and (g)).



§ 3



(1) for children with serious behavioral problems, which of these reasons

cannot carry out compulsory education in another school, founder

the device establishes a school with the relevant educational programs such as

part of the equipment.



(2) for the children, which after the completion of compulsory schooling for the serious

behavioral disorders cannot be classified in other schools providing Middle

education, founder of devices may establish a school as part of the device

providing secondary education. For the children, which reached a basic

education, or the foundations of education, shall ensure that the equipment referred to in education

the relevant educational program.



(3) for the purposes of the report card used school established in accordance with paragraphs 1 and 2

the forms and the stamp with the name and address of the school, without mentioning the name of the

the device.



§ 4



(1) the basic organizational unit for the work with children in the facility is

educational group or family group.



(2) Educational group is the basic organizational unit in diagnostic

the Institute and the educational Institute. It consists of



and in diagnostic Institute) at least 4 and at most 8 children



(b)) in the educational Institute at least 5 and not more than 8 children.



(3) In the education of the Institute can be in one building to establish the most 6 educational

groups. Children to educational groups, are to be classified with regard to their

Educational, educational and health needs.



(4) a family group is the basic organizational unit in the children's home

and in the children's home with the school. It consists of



and in the children's home) at least 6 and at most 8 children



(b)) in the children's home with the school at least 5 and 8 children, most



as a rule, of different ages and sex. Siblings are classified into one

family group; exceptionally, it is possible to classify them into different family

groups, in particular of educational reasons.



(5) in the children's homes can be in one building or in multiple buildings in one

area to set up at least 2 and at most 6 family groups. In the children's home


the school can be in one building or in multiple buildings on one campus to set up

at least 2 and at most 6 family groups. Children in family groups

be classified with regard to their education, training and health

needs.



(6) the founder of the device may in justified cases lay down lower

the number of children in the basic organizational units referred to in paragraphs 2 and 4,

and that's assuming that will pay the increased expenditure on the operation of the device.



The diagnostic Department



§ 5



(1) the diagnostic Institute accepts children with mandated by the provisional measure,

orphanage or imposed protective care; children with

imposed protective care is also based on the results of a comprehensive

examination, the health status of children and the available capacity of each

equipment placed in children's homes, with a school or educational institutions.



(2) Diagnostic Institute performs the tasks according to the needs of the child



and) diagnostic, examination of the level of the child in the form of

the pedagogical and psychological activities



(b)) educational, which detects the level of the achieved knowledge and

skills, establish and implement specific training needs in the

the interest of the development of the personality of the child adequately, his age, the individual

assumptions and possibilities,



c) therapeutic, which through the pedagogical and psychological

the activities are directed to remedy failures in social relations and in the behavior of the

of the child,



(d) educational and social), related to the personality of the child, to his

the family situation and the necessary socio-legal protection of children; According to the needs of the

provides medical examination of the child,



e) organizational, related to the placing of children in facilities in the territorial

the Perimeter Institute established by the Ministry of the diagnostic, or even outside the

the territorial circuit; cooperates with the authority for social and legal protection of children in

the preparation of its proposal for a regulation of the interim measures, which will be

exercised in diagnostic Institute or in another device and preparation

representation for the Court regarding the destination device for the exercise of the constitutional education,

to which the child is to be placed with the orphanage,



f) coordinating, towards the deepening and consolidation of the professional practices

other facilities within the jurisdiction of the diagnostic Institute, to

validation of their effectiveness and to consolidate cooperation with the authorities of the State

the Administration and other parties concerned with the care of children.



(3) Diagnostic Institute on the basis of the results of the diagnostic,

Educational, therapeutic, educational and social activities

they are part of a comprehensive examination, handles complex diagnostic

report with a proposal for specific educational and training needs under section

2 (2). 10, laid down in the interests of the development of personality (hereinafter referred to as "program

the development of personality ").



(4) the Institute shall communicate in writing the diagnostic to the competent authorities

the socio-legal protection of children ^ 7) on the basis of a comprehensive report, or on the

the device information about children suitable for adoption or to

commit to foster care.



(5) when the child to stay in a diagnostic Institute presents

the authority for social and legal protection of children or the person responsible for the education of

the final decision or the interim measure to the Court, the personal data sheet, native

sheet, identity card or passport in the case of foreigners, as well as

the last school report card or an extract from the catalogue of the sheet with the

the year of schooling. Furthermore, the card passes health insurance

vaccination and medical assessment of medical fitness to the location of the

the child in the diagnostic Institute not older than 3 days and written expression

doctor about your current state of health of the child. If it is not possible for serious

the reasons for the adoption of the child, on the basis of the preliminary measures to submit

some of the above documents, with the exception of the decision on the preliminary

the measures and the written submissions of the physician about the current state of health

the child, shall ensure that the authority for social and legal protection of children their submission

without undue delay. When you place the child in the children's

home or children's home with the school without his previous stay in the

diagnostic Institute documentation for a child referred to in the first and second sentences

passes directly to the appropriate device.



(6) to the diagnostic Institute the child places on time generally

not exceeding 8 weeks.



(7) to the children's home with the school and the educational Institute of the child may be with

imposed protective care placed only diagnostic Institute in

whose territorial jurisdiction the facility is located. Place the child in any of the

the devices listed in the territorial jurisdiction of another can be diagnostic of the Institute

the previous agreement of the diagnostic Institute, in whose care the child is located, with the

the territorially competent diagnostic Institute and the socio-legal institution

the protection of children, which the child records. In the absence of agreement, shall decide on the

the location of the child to the Ministry on the draft

diagnostic Institute, in whose care the child is located, and taking into account the

expression of the authority of the socio-legal protection of children, which the child records.



(8) if the child was placed in the decision of the Court

the children's home or foster home with the school without its prior

stay in diagnostic Institute, subsequently necessary complete

examination, performs this examination in the device, in which the child

located, the diagnostic Institute, in whose district the facility is located.



(9) to move the child protective care is stored to another child

home school or educational institution may only diagnostic Institute on

the basis of its own motion or written request of the devices in the

where the child is located, or the legal representatives of the child, or the child, or

the authority for social and legal protection of children. If this is about the relocation outside

the territorial circuit diagnostic Institute, proceed in accordance with paragraph 7.



(10) the Diagnostic Department shall notify the acceptance, location or relocation of the child

within 3 working days of the Court, that in the case of a child, the Authority decided to

the socio-legal protection of children to the competent according to the place of permanent residence

the child and the person responsible for the education, if she delivered the decision of the

about the location or relocation of the child.



(11) the Diagnostic Institute passes with a child placed or

přemísťovaným to the device of comprehensive diagnostic report with the program

development of the personality, the final decision of the Court, school documentation

including the last school report and the draft of the classification for the duration of the stay in

diagnostic Institute, personal belongings of the child and other documentation in accordance with

paragraph 5. The draft programme for the development of the personality of the child handles device

in conjunction with specialist diagnostic Institute in accordance with § 8

paragraph. 2.



(12) when placing a child with a stored protective care care

the location of the child as close to the residence of the persons responsible for the education or

legal representatives, if they would not be vulnerable to the moral development of the child.



§ 6



(1) the diagnostic Institute provides for necessary care to children with

orphanage or imposed protective care recovered

on the run from other devices, where appropriate, of the place of stay or of the transitional

accommodation in accordance with § 23 paragraph. 1 (a). and (c))) or from the place of

conditional location outside facilities.



(2) the Institute shall notify without delay the adoption of a diagnostic of the child to the competent

the device referred to in paragraph 1, which is obliged to take the child within 2 days from the

the notification.



section 7 of the



cancelled



§ 8



(1) the diagnostic Department keeps records of the children placed in establishments in the

its territorial jurisdiction, and keeps records of the free places in establishments in its

territorial jurisdiction.



(2) Diagnostic Institute provides, as needed, and at least twice in

calendar year activity of a specialist diagnostic Institute in

devices in its territorial jurisdiction for the purpose of a methodological guidance,

coordination and verification of the effectiveness of the procedure and results of educational care.



(3) the Institute shall draw up for the Ministry of the diagnostic suggestions needed

changes to the equipment that are located in its territorial jurisdiction, and notes

the Ministry for situations requiring action.



§ 9



(1) the Institute shall be set up at least 3 educational group

for the purposes of a comprehensive examination of children.



(2) with the consent of the Ministry can be diagnostic of the Institute

established educational group for the purpose of care for the children, to whom it is necessary to

to ensure the completion of the study, the provision of psychological, or specially

educational services or other circumstances are known, for which there is no children

the appropriate move.



(3) the Ministry may, at the request of the Director of the diagnostic Institute in

justified cases, grant a derogation from the provisions of paragraph 1.



§ 10



(1) Diagnostic institutes or educational groups of diagnostic institutes

can be broken down by sex or by age of the child.



(2) diagnostic Institute, which is structured according to the sex of the child,

as a rule, do not break down as follows or educational group, established in accordance with section 4, paragraph 4.

2.



(3) If the devices are divided according to the age of the child, the child may be

placed or transferred to the device already in the period of 3 months before

reaching the appropriate age.



§ 11



(1) for children who completed compulsory education, as part of the

diagnostic Institute establish diagnostic classes, in which the

provided by the preparation of children for their future profession.



(2) the Class of the school and the diagnostic class is filled with up to 8 children.



(3) exceptions to paragraph 2 may be granted by the Ministry.



Children's home and school children's home



§ 12



Children's home



(1) children's home cares for children according to their individual needs. In

regarding children in particular educational tasks, shall implement the educational and social.



(2) the purpose of the children's home is to ensure the care of children with ordered

constitutional education, which do not have serious behavioral disorders. These children

educate in the schools, which are not part of the children's home.



(3) in a foster home may be placed children aged usually from 3

to no more than 18 years. In the children's home, also placed the minor

mothers together with their children.



section 13



Children's home with the school



(1) the purpose of the children's home with the school to ensure the care of children



and) with the orphanage



1. If they have severe behavioral disorders, or



2. for your temporary or permanent mental disorder require

individualized medical care, or



(b)) with stored protective care,




(c)) where they are teenage mothers and satisfy the conditions laid down in point (a)

and (b)) or), and their children,

that they cannot be educated in a school that is not part of the children's

home to the school.



(2) children's homes, the school can be set up separately for children under

paragraph 1, or in setting up family groups separately for children

in accordance with paragraph 1.



(3) derogations from the provisions of paragraph 2 may be granted by the Ministry.



(4) in a foster home with school children may be placed as a rule from the

6 years to the end of compulsory schooling.



(5) If, in the course of compulsory education ceased to

the inclusion of a child to a school established at the children's home, the child is based on the

requests the Director of the children's home, school to school, which

is not part of the children's home with the school.



(6) if the child after their compulsory schooling for

continued severe behavioral disorders to educate in high school outside

the device or close employment relationship, is redeployed to

Educational Institute.



The educational Institute



§ 14



(1) the educational Institute takes care of children over 15 years of age with serious disorders

behavior, which was ordered by the constitutional education or imposed protective

education. In relation to children, in particular, shall implement the tasks of the educational, training and

social.



(2) the reformatory shall be established separately for children



and) with the orphanage



(b)) with stored protective care,



(c)) that are underage mothers, and for their children, or



d) that require individualized medical care,



where appropriate, the educational institution for these children establish separate

educational group.



(3) to the educational institution may be placed and a child over 12 years is to

maintain the protective upbringing, and his behavior is manifested so serious

disorders that cannot be placed in a children's home with the school. Exceptionally,

in cases of particularly serious behavior disorders, can be to the educational Institute

place the child with the orphanage over 12 years.



(4) the exemption from the provisions of paragraph 2 may be granted by the Ministry.



Common provisions on establishment



§ 15



(1) in establishments in which children are placed with the stored trade

education, are used by the special construction and technical resources to

prevent the escape of these children. On the basis of the decision of the Director of the device is

also possible in these facilities to ensure the safety of children,

employed persons and trust to use audiovisual systems.



(2) the audiovisual systems it is possible to use the



and around the building) for the control or multiple buildings on one site limited

the land,



(b)) for the control of the Interior of the device, where children do not have access,



(c)) for the control of corridors, rooms and facilities for employees

a separate room.



(3) Plans for the use of audiovisual technology including the deployment of

tracking points in facilities and plans the deployment of special

construction of technical devices in the devices and their individual species

approved by the Ministry.



(4) the location and manner of the use of audiovisual technology must be

the Director of the establishment are informed in advance of all children placed in the facility

and all the staff of the facilities.



TITLE III



CENTRE



section 16 of the



(1) the Centre provides services to clients, which are



and with the risk of disorders) children's behavior or have already developed symptoms of disorders

behavior and negative phenomena in the social development, or adults

in their preparation for future occupations, until the age of 26 years,



(b)) of the person responsible for the education and teaching staff,



(c)), for which the kids decided to be on Centre Court.



(2) the Centre shall provide the following services:



and guidance, consisting in) consultation and the provision of technical

information and assistance to clients, to the authorities of the socio-legal protection of children,

other authorities and organisations involved in work with the child and

the family, especially in schools and educational establishments,



b) therapeutic, in order to accelerate the integration of the original family,



c) diagnostic, examination of the level of the client referred to in

paragraph 1 (b). and (c))) in the form of educational and psychological

activities, on the basis of which makes recommendations to schools and educational

the device,



d) educational, which detects the level of the achieved knowledge and

skills, specific learning needs in order to develop the

the personality of the client referred to in paragraph 1 (b). and (c)) apply mutatis mutandis) and its

age, individual assumptions and possibilities,



(e) the special pedagogical and psychological), to remedy the defects in the

social relations and behavior and towards the integration of the personality

the client referred to in paragraph 1 (b). and (c))) and family,



(f) educational and social), related to the personality of the client referred to in

paragraph 1 (b). and (c))), to his family situation and the necessary

the socio-legal protection of children,



(g)), consisting in the mediation of contacts with the client

other institutions and bodies involved in the implementation of the measures

the socio-legal protection of the child, or to provide other

counselling or therapeutic services in the interest of the client.



(3) the Centre shall provide the services referred to in paragraph 2 in the form of



and out-patient),



(b)),



c) boarding a maximum period of 8 weeks, or



(d)), in particular in family or school environment of the client.



(4) the Centre shall cooperate with pedagogical-psychological counselling facilities, in

the case of the clients referred to in paragraph 1 (b). and (c))) with

disabilities and special educational centres, and in the case of clients

referred to in paragraph 1 (b). and (c))) and with the already developed disorders

conduct with the authorities of the socio-legal protection of children and the authorities, which is

involved in the prevention of socially pathological phenomena, and the drug

dependencies.



(5) On the form and stamp used by the Centre to the place name

legal person, who carries out his activity, provides only indications

of the Centre.



§ 17



the title launched



(1) a service centre may ask, if the



and outpatient service, client) referred to in section 16. 1 (a). and (c)))

over 15 years, the client is referred to in section 16. 1 (a). (b)) or the relevant

school or educational establishment,



(b)) a day or boarding service, legal representative of the client provided

in section 16. 1 (a). and (c))) or an adult client referred to in section 16. 1

(a). and)



(c)) off the service in an environment that minor client referred to in section 16 of the

paragraph. 1 (a). and (c))) and shares with the person responsible for his upbringing, this

the person; in another environment, the person responsible for the education, the client referred to in §

16. 1 (a). and (c))) and older 15 years or the relevant school or

the educational establishment, if it is not exposed to the rights of people sharing with

a client of this environment;



the right of the client referred to in section 16. 1 (a). and (c))) and by

the law on social and legal protection of children ^ 7) to help protect your

life and other rights shall not be affected.



(2) the service is provided to grant a written informed consent

the applicant, with their content, ways and methods of implementation, expected

results and risks the provision and failure. Information shall be provided

also, the client, who is not the applicant.



(3) the client referred to in section 16. 1 (a). and) provided full-day

or boarding services after the recommendations based on the results of

out-patient services to the same client, and not more than twice during a single

of the year. The request for the provision of day or boarding services

the Centre expressed within 14 days of its receipt.



(4) the Clients who provide a day or boarding services

classified by educational groups. In the Centre can be set up in one building

most 3 educational groups; founder of the Centre may, in appropriate

cases provide a higher number of educational groups in the Centre. Educational

the Group may have at least 6 and at most 8 clients, and with regard to the

their educational, educational or health needs.



(5) together with the all-day or internátními services to clients referred to

in section 16. 1 (a). and (c))) and provides meals and accommodation, and under the

a consideration on the basis of the contract between the Centre and the legal representative of the client

or the adult client. The amount of the remuneration shall be equal to the amount of the cost of meals

designated pursuant to special legal regulation and the amount of accommodation costs

laid down by the founder. Payment must be made before the adoption of the client

in the Centre, unless otherwise agreed by the parties.



(6) Services of the Centre on the basis of the Court's decision on the classification of the client

referred to in section 16. 1 (a). (c)) shall be provided with derogations, so that



and in the educational centre) care of the client without a request under

paragraph 1, or if the consent referred to in paragraph 2,



(b) the Court shall determine the form of services),



(c) the client shall take) care even in the event that the payment of the costs

in accordance with paragraph 5 to the client before accepting care. ".



TITLE IV



WORKERS AT THE FACILITY OR AT THE CENTRE



section 18



(1) the teaching staff ^ 8) facilities or centres and learners

bringing up children and clients in accordance with the objectives of education and training,

laid down by this law and other laws.



(2) the pedagogical worker device or resource centre

boarding services may be the only one who in addition to the assumptions laid down

the law on the pedagogical personnel ^ 8a) meets the prerequisite mental

eligibility.



(3) Mental capacity is determined by the psychological examination.

Psychological proof



and before the start of the employment relationship) to the device or to the Centre,



(b)) in the course of employment, in the event that a reasonable doubt

whether the educational worker satisfies the condition of mental

competence, in particular when suspicion of physical or psychological violence on

the children; in this case, the Director of the establishment or centre shall prescribe

pedagogical worker to undergo a psychological examination and

fix an appropriate time limit.



(4) a psychological assessment is part of the personal file of pedagogical

worker ^ 8b).



(5) in the psychological report shall contain the following information:



and, where applicable, names) the name, surname, academic title and date of birth

pedagogical worker



(b) the conclusion of the psychological examination,) from which it is evident that the educational

a worker is or is not mentally competent to practise


pedagogical worker facilities or centres,



(c) the name, if applicable) name, surname and title of the examining

psychologist, his handwritten signature and stamp, the number of accreditation,



(d) the date of preparation of the psychological assessment).



(6) Psychological assessment can be examined under the conditions laid down

a special law ^ 8 c).



(7) compliance with the provided psychological competence at the national

Member State or of another State authorized ^ 8 d), which is

in a Member State is entitled to exercise the activities of similar activities

pedagogical worker facility or centre under this Act,

can also be recognised by a special Act ^ 8e).



§ 18a



Accreditation to the permission check for mental competence



(1) Mental ability can detect a person which has been granted

accreditation to detect mental capacity under this

Act (hereinafter referred to as "accreditation"). The request for accreditation of the Ministry may

submit a person



and has a specialized capacity to) the profession of clinical

the psychologist under special legislation ^ 8f)



(b)) has a practice of more than 7 years, of which at least 5 years in the

diagnostic adult, and



(c) reported to the Ministry) was the uniform methods, techniques and

evaluation of the psychological examination.



(2) if it satisfies the person applying for the accreditation of the conditions laid down in

paragraph 1, the Ministry will grant accreditation.



(3) the Ministry of accreditation shall be withdrawn, if the accredited person

comply with the conditions referred to in paragraph 1 (b). and).



(4) the Ministry will publish a list of accredited persons in Journal

The Ministry of education, youth and sports.



§ 19



(1) the Nepedagogickým worker ' means an employee of the establishment or

the Centre, which carries out no activity other than activity referred to in section 18 and

meets the qualifications and requirements for the performance of

the profession of special legal regulation or provided for by the employer.



(2) a worker may be the Nepedagogickým, who has not been

convicted for an intentional criminal offence. Integrity of the certifying statement of

criminal records no older than 3 months, which must be

submitted to the facility or centre before the creation of an employment relationship.



THE HEAD OF THE



THE RIGHTS AND OBLIGATIONS OF THE CHILDREN PLACED IN THE FACILITY, THE DIRECTOR OF FACILITIES AND PERSONS

RESPONSIBLE FOR EDUCATION



section 20



The rights and obligations of the children placed in the facility



(1) a child with the orphanage has the right



and to ensuring full direct) of the pension,



(b)) on the development of physical, mental and emotional abilities and social

skills,



(c)) on respect for human dignity,



(d)) on a common location with their siblings, if it does not prevent the serious

the circumstances in the evolution and relationships of siblings



(e)) on the creation of conditions for the achievement of education and for the preparation of the

the professions in accordance with their abilities, talents and needs,



(f)) on the freedom of religion, while respecting the rights and obligations of persons

responsible for the upbringing of the child, to the extent appropriate to guide his

passing abilities,



(g)) be so with their rights and obligations, advise your

advocate or guardian, designated for special management

law, ^ 12) without the presence of third parties, and for this purpose to receive and

send correspondence without checking its contents.



(h)) to participate in the activities organised in the framework of the device

the educational programme, with the exception of the prohibition or restriction in the framework for action in the

education, provided for in this Act,



I) trend of applications, complaints and suggestions to the Director and

the pedagogical staff of the facility and request that the submission addressed to the

the competent State authorities, authorities of territorial self-administration and the legal and

natural persons, if they are entrusted with the performance of the socio-legal protection of children,

was sent from the device in the following working day after they

surrender of workers without checking their contents; These

requests, complaints, proposals, and the submission of the device is required to register,



j) to express their views on the proposed and implemented measures to it

touching; views of the child must be given due attention

corresponding to his age and intellectual maturity, ^ 9)



to request a personal interview) and a personal interview with the official responsible for the

an employee of the authority for social and legal protection of children, ^ 7) employee of the Czech

school inspection, the Ministry or the authority of the region, and that without the presence of

other persons,



l) be evaluated and rewarded, and to his guest to express,



m) to the information about the status of their savings or debt,



n) to maintain contact with the persons responsible for the education and other

close persons ^ 10) under the conditions laid down in this law, in the form of

correspondence, phone calls and personal visits,



about) to receive on your device with the knowledge of pedagogical worker visits

persons who are not listed in the letter n); teachers visit

incur, if the child is disabled or limited visits by section 21

paragraph. 1 (a). (e)), or if a visit to a threat to health or safety,



p) leave separately with the consent of the worker's educational device for

the purpose of hiking, if the child is older than 7 years of age, if not

to prohibition or restrictions in the framework for action in education laid down in this

by law, the



q) on support and assistance after their stay in the facility in accordance with the aim of

reintegration of the child into the family and society.



(2) a child with the orphanage has a duty to



and comply with the established order and) discipline, carry out the instructions and commands

employees of the device, carefully handle assigned things to harm

Foreign assets, comply with the principles of fair conduct with persons with whom the

comes into contact, in the premises of the facility and in personal matters, maintain

order and cleanliness and otherwise maintain the provisions of the internal regulations

the device,



(b) comply with the regulations and guidelines) to protect the safety and health, with which

It was properly so,



(c) provide to the call of the Director), evidence of their income,



(d)) to pass into the custody of the Director objects to the challenge threatening the education,

health and safety; the period of custody of these items shall not exceed a period of

the child in the facility, and at the end of these courses must be

the child or the person responsible for the education of issued



(e)) to be subject to challenge on the Director of examinations is not affected by the

alcohol or other addictive substance. If the examination must

remove the blood, the child is required to take him to the doctor or professional

medical worker removed the blood, if it is not associated with a risk of

for his health.



(3) a child with stored protective care has all the rights and obligations of the

referred to in paragraphs 1 and 2, with the exception of the rights referred to in paragraph 1 (b). o) and (p)).



(4) on the clients listed in section 16. 1 (a). and (c)))

the provisions of paragraph 1 with the exception of letters and) and o) and paragraph 2, with the exception of

subparagraph (c)).



(5) on the dependent person in the facility according to § 2 (2). 6 shall apply

the provisions of paragraphs 1 and 2.



Measures in education



section 21



(1) for violation of the obligations set out in this Act may be

child



and the advantage granted withdrawn) pursuant to paragraph 3,



(b) the allowance is reduced in scope) established by this law,



(c)) with the orphanage restricted or prohibited spending free

the time limits laid down in the internal regulations,



d) withdrawn opportunity to participate in attractive activities or events,



(e)) with the orphanage visits are prohibited, with the exception of visits

persons responsible for the education of persons nearby ^ 10) and authorised

the staff of the institutions of socio-legal protection of children, and this for a period of not more than

30 days in the period for the following 3 months.



(2) the measures referred to in paragraph 1 can be stored with a trial period, conditionally

up to 3 months.



(3) for the exemplary efforts and results in the performance of duties or for

exemplary performance can be the child



and remitted the previous) measures referred to in paragraph 1,



(b)) awarded the g/l or financial reward,



(c)) increased spending money in the range specified by this Act,



(d) the emergency visit cultural) enabled device, special walking tour,

emergency visit or granted other personal advantage; children with stored

protective care, extraordinary walks and visits to authorize only for the

the conditions laid down in paragraph 4 (b). and (b))).



(4) the child protective care is stored can be further in the case of

good results in the performance of duties



and a separate walk outside) enabled devices for a maximum of 12 hours,

If it can be reasonably considered that this will not be compromised by the purpose of the performance of the trade

education,



(b) acceptance of visits) to persons other than the persons responsible for

education, persons close to the staff of the authority and the legitimate socio-legal

the protection of children, if this is not contrary to the purpose of the performance of protective education; in

a reasoned case can be made to visit a sight or

even hearing the control of an employee of the facility.



(5) the measures taken pursuant to paragraphs 1 to 4 are recorded in the

the personal file of the child. Organizational details, modifies the internal order.



Separate room



section 22



(1) in order to pursue pacification and stabilisation of the aggressive child's mental

the State can be a baby older 12 years in diagnostic Institute, the children's home

the school or educational institution individually placed in a separate

the room, and for a maximum of 48 hours during 1 month. A child can be in

individual case be placed in a separate room for up to 6 hours

24. The purpose is to ensure the protection of the health and safety of the child

itself, other children or workers of the device.



(2) the command to place the child in a separate room shall be issued by the Director

the device. After the placement, without delay, shall ensure medical examination aimed

on the identification of the causes of aggression on the basis of registering the doctor determines

the need for and frequency of medical checks, where the need for

a psychological examination. Command to the location of the child is established in his

the personal file.



(3) After the time of the child's stay in a separate room is provided

vocational psychological or therapeutic care worker, and in

the range for at least 6 hours a day. Outside of this period, the child must be allowed to

appropriate educational, training or leisure activity. The status of the child is


monitored by an authorised fitter in at least 30 minute intervals.

The child has the right to take with him to a separate room for the

recreational or educational activities, which can endanger themselves,

the other children or staff of the establishment.



(4) on the progress of the child's stay in a separate room is guided by the documentation,

in particular, in which they are registered



and the child's) knowledge of the speeches, important in terms of health,

psychological and pedagogical, specifically



(b)) records the care provided vocational worker and on the activities and

the findings of the staff responsible for monitoring the status of the child,



(c) the records of executed tests),



(d) the involvement of) records of the child into the collective.



(5) a separate room must have



and) area of at least 6 m2 and a height of at least 2.5 m,



(b)) both natural and artificial lighting



c) natural ventilation,



(d)) the possibility of heating,



e) equipment necessary furniture and bedding,



f) separate sanitary facilities.



The rights and obligations of the Director



section 23



Law Director



(1) the Director of the facility is entitled to in the interest of the successful education of children



and the child) under the conditions laid down by specific legal

Regulation ^ 11) stay out of the device,



(b) proposal on the Court) put a conditional placement of a child with a stock trade

education outside of the device,



(c) allow the child) orphanage transitional accommodation outside the

devices in connection with his education or employment; in the case of

child protective care can be stored in particular about the case for the

to this end, petition the Court on conditional location outside facilities

under special legislation ^ 12)



(d) cancel the stay referred to in letters) and transitional accommodation) or by the letters

(c)), if the child is not behaving properly, or care about it is not enough to

secured or if there is a change in the reasons, for which he was staying outside of

the device is enabled; If this is about a child with stored protective care,

the Court complaint to his decision, ^ 12)



(e) prohibit or suspend the visit) the persons responsible for the education or

other persons in the facility in the event of their inappropriate behavior, which would

adversely on raising children



(f)) to be present when you open the letter or parcel consignments of the child,

If there is a reasonable suspicion that the consignment is from the educational point of view objectionable

content or could compromise the health or safety of children, and keep it on

for a limited release of the child from the device,



(g) to take over from the child to) temporary custody of valuable items, financial

cash in excess of the amount of pocket money provided for in section 31, and objects

threatening the education, health or safety of children; a written record of the takeover

certified by the Director, other specialist equipment and the child is

based on the personal documentation of the child,



(h)) to enable the children to older 15 years of travel to the place of stay or

Transitional accommodation referred to in subparagraphs and) and (c)) or a conditional

the location of the outside of the device without supervision,



I) put the Court under special legislation on conversion of ^ 12)

protective education in constitutional education, where appropriate with regard to the other

upbringing and development of the child; If circumstances change, the Director shall report to the facility

Court to reverse the transformation of institutional care in the protective upbringing,



j) to approve the measures in education, pursuant to section 21 of the proposed to the competent

the pedagogical worker



to give the command to the location) of the child in a separate room,



l) represented the child in regular issues, and if his legal representatives

do not fulfil their obligations or does not appear on the actual interest of the child, is entitled to

to represent a child in matters of vital importance, if required by the interest of the

of the child,



m) asking the child to provide documents about his income,



n) requires examination of the child, that is not affected by alcohol or other

the addictive substance.



(2) the Director of the plant has a further right to



and) ask the competent authority for social and legal protection of children for information about

circumstances in the family of a child who has been placed in the device, and if it is

This child zprostředkovávána foster care or adoption, also

for information about how this mediation,



(b)) on the basis of a written request to inspect the file documentation-led

the competent authority for social and legal protection of children on the child in

the device.



(3) in justified cases, the Director of the establishment may request

specialized medical departments to determine the actual age

the foreigners, and on the cost of the equipment.



section 24



Responsibilities of the Director of the device



(1) the Director of the establishment is obliged to



and meet the child with his) rights and obligations,



(b) notify the authority) of the socio-legal protection of children name and

the surname of the child, the conditions are fulfilled for its adoption or

foster care,



(c) a child) to pass the Court's decision in the care before the adoption or

foster care,



(d) the competent court) initiative to repeal the constitutional education, passed away when

the reasons for its regulation,



(e) the competent court) give rise to the cancellation of trade education, if

It was achieved the purpose of protective education or have passed away before its

the start of the circumstances for which it was stored,



(f)) to discuss the procedure in accordance with the provisionally letters c) to (e)) with the appropriate

the authority for social and legal protection of children, the legal representatives of the child,

or other persons responsible for the education,



(g)) to submit after the previous consultation with the competent authority for social and legal

the protection of children to the competent court for prolongation of the constitutional education

or submit a proposal for the extension of the protective education, if required by the interest of the

of the child,



(h)) to submit information on the child's legal representatives or authorities

the socio-legal protection of children, at their request,



I discussed in advance) the measures essential to legal representatives

of the child and with the authority for social and legal protection of children, there is a risk of

the delay, and shall promptly inform about carried out measures,



j) inform in order to guarantee continuity of care, the competent municipal office

municipalities with extended competence of the impending release of the child from the

the device, in the term of at least 6 months before the release of the child,



allow the child to) to be released from the device due to

the age of majority, dealing with social,



(l)) to dismiss a child under 15 years of age pursuant to § 23 paragraph. 1 (a). and (c)))

accompanied by persons responsible for the education, do not apply in this case

in writing about another procedure,



to ensure the implementation of the programme, m) in the development of the personality of the child and lead him

records.



(2) the Director of the device is also required to



and to issue the rules of procedure of the device),



(b) notify without delay to the competent diagnostic) Institute changes in

the number of children,



(c)) to pass to the child under the age of 18 years after the end of his stay in persons

responsible for educational or other persons referred to in the decision, on which the

the basis for the release of the child occurs, if the transfer of the child;

at the same time these persons shall transmit to the things that are in the possession of the child,



(d) inform the person of nezaopatřenou) the possibility of submitting the request for closure

the Treaty on long stay at facilities according to § 2 (2). 6,



e) inform the Court or the Prosecutor for the youth, who, according to

^ special legal regulation 12a) gave disability a juvenile

the device, about the outcome of the measures taken,



(f) notify the child's escape) the police of the Czech Republic immediately after its

the findings.



(3) the Director of the facility in the area of State administration decides on the



and the payment of the cost of) health care, pharmaceuticals and medical devices,

that are not covered by health insurance, care has been requested

the legal representatives of the child, under section 2 (2). 7 (b). (d)),



(b) the refusal of the provision) full direct provision under section 2

paragraph. 6,



(c)) placement of a child pursuant to section 5 (3). 1,



(d) the transfer of the child), pursuant to section 5 (3). 9,



(e)) rejecting the application for a permit of stay according to § 23 paragraph. 1 (a). and) or

(c)),



(f)), pursuant to section 23 of the cancellation of paragraph 1. 1 (a). (d)),



(g) the amount of the contribution margin) care provided to children or their dependent

the persons in the premises referred to in section 27 to 29.



(4) the Director of the facility shall conclude a contract for a long stay at the device

According to § 2 (2). 6 nezaopatřenou a person prepares to this person

consistently on the future of the profession and after reaching the age of majority, and on the basis of

its application and, if the amount is not exceeded the allowed number of children

referred to in the education register.



(5) the Director of the device terminates the child's stay at the facility



and if the Constitutional Court annulled), educational or protective upbringing or

If the elapsed duration provided for constitutional education, with the exception of

in the case where the date of the expiry of this period is not completed the proceedings of the Court of

extension or repeal of constitutional education,



(b)) if the age of majority, if the equipment voluntarily nesetrvá to

their training,



(c)) reaches the age of 19, he was extended the constitutional education or

protective upbringing, if the equipment voluntarily nesetrvá to their

preparation for the profession



(d) the decision of the Court) if the adoption or custody of the child to the

foster care has acquired the power to



(e)) after the expiry of the duration of the provisional measures or, after its cancellation

by the Court.



§ 25



The Director of the Centre with the rights and obligations provided for in § 23 paragraph. 1

(a). (f)), g) and (n)), section 24, paragraph. 1 (a). and), h) and (i)) and in section 24, paragraph. 2

(a). and), c) and (e)) shall apply mutatis mutandis. The obligation under section 24, paragraph. 1 (a).

(j)) is applicable mutatis mutandis to the Director of the Centre.



section 26



The rights and obligations of the persons responsible for the educational equipment



(1) the legal representatives of the child have the right to



and the information about the child), and on the basis of their applications,



(b)) to comment on the draft measure fundamental importance in relation to the

the child, there is a risk of delay and to information about

the measures,



(c) maintaining contact with) the child, if this does not prevent serious circumstances

child,



(d)) on the advice of the device in matters of educational child care,



(e) request the Director in writing of the device) of the child's residence permit for persons

According to § 23 paragraph. 1 (a). and) or (c)).



(2) the legal representatives of the children placed in the facility on the basis of the

decision of the Court in particular to the obligation to



and when handing over the child to) the specified device ^ 13) to pass at the same time

the documentation referred to in § 5 (3). 5,



(b) ensure that the child's younger escorts), 15 years in the cases, the procedure provided for in §


23 paragraph. 1 (a). and (c))) and section 24, paragraph. 5 (a). and, where appropriate, request)

in writing this stuff for a different procedure,



(c)) meet with the internal regulations of the device and to comply with its provisions,



(d) notify without delay the relevant device) the circumstances of the child at the

them, relating in particular to his health and education,



(e) the child that is located) to pass to the device on the basis of their application

the financial amount as an allowance in the amount as laid down in section 31,



f) cover the costs of health services, pharmaceuticals and medical devices

provided by the child, which are not covered by health insurance if

they were granted at their request.



(3) the rights referred to in paragraph 1 (b). (c)), d) and (e)) and the obligations of

paragraph 2 (a). and), b), c) and (d)) shall also apply to other persons responsible

for education. The rights referred to in paragraph 1 (b). and (c))), d) and (e)) and the obligation to

in accordance with paragraph 2 (a). b), c) and (d)) shall apply to the minor's parents,

that was not full of mom, unless the Court decided that the

the parents of the suspended performance of the obligations and the rights of the child care until

the time when a parent takes full responsibility. The rights referred to in paragraph 1 (b).

and (c))), d) and (e)) and the obligation under paragraph 2 (a). b), c) and (d))

also apply to parents, which was limited in mom, if the Court

decided that the parents due to his person retains

the performance of the obligations and rights of custody. The rights referred to in paragraph 1 (b). and)

(c)), (d)) and the obligation under paragraph 2 (a). (c)) shall apply to the parents,

that was limited in mom, if the Court decided that the

the parents due to his person retains the rights to personal performance

contact with the child.



TITLE VI OF THE



PAYMENT OF CARE, SPENDING MONEY, PERSONAL GIFTS AND MATERIAL ASSISTANCE



Payment of care



section 27 of the



(1) Parents are required to pay the allowance to cover care provided by

children and dependent persons in establishments (hereinafter "post"). In

If the child or nezaopatřená a person has their own regular income,

participates under section 29 on the payment of contribution.



(2) in the event that the device will not be paid child benefit increases

the contribution of 30%.



(3) the amount of the allowance to cover care for the children of mothers in the device,

shall be for the calendar month 10% of the amount of parental contribution. ^ 14)



(4) for a period of less than 1 month, the amount determined according to the contribution days.

The daily reimbursement of costs is one contribution per calendar třicetinu

the moon.



(5) the parents paying the contribution involved in equal parts, with the exception of

in the cases referred to in section 28.



(6) the amount of the contribution and the proportion of parents on its cover in each

cases, by decision of the Director of the facility.



(7) for the revenue and jointly assessed persons for the purposes of this Act,

consider the reckonable income and jointly assessed persons under

special legal regulation ^ 15).



(8) the amount of the contribution shall be rounded upward to the Crown.



section 28



(1) Parents, which prove that he is or the person concerned together with him

beneficiary of the aid of material need benefits under the Act on assistance in material

need ^ 20), the contribution does not provide. Parents, showing that after

the payment of the contribution would be its income or income together with him

persons examined fell below the sum of the subsistence minimum by law

environmental and existential minimum ^ 21) and the amount of normative cost of

housing in accordance with the Act on State social support ^ 4), provides for the

at such a level that he referred to the sum of the preserve; If you would like this

specified post was less than 100 Usd, unless.



(2) Parents are required to always after the expiry of 12 months from the last

proof of the facts referred to in paragraph 1 to demonstrate that they meet the conditions

for the reduction or waiver of contribution referred to in paragraph 1, and

without delay, notify any changes in income, which could have the effect of

the amount of the contribution determined in accordance with paragraph 1. In the case of failure to comply with these

obligations of the contribution will increase accordingly, and from the time when the

the vain expiry of the period for the demonstration of compliance with the conditions, or even backward from the

a time when there was a change in income.



section 29



(1) of the orphan's pension ^ 16) a child who has no other income, the

the payment of the contribution shall be used no more than 10%.



(2) from other income of the child than is set out in paragraph 1, the payment order

contribution uses the portion of the revenue in excess of 50% of the amount of the contribution, valid

for the appropriate age category, up to the amount of the contribution.



(3) the difference between the amount specified for the payment of the contribution from the income of children

referred to in paragraph 2 and the contribution paid by the parents.



(4) The persons, the provisions of paragraphs 1 to 3 shall apply mutatis

Similarly.



section 30



(1) the contribution per calendar month shall be paid not later than the 15th day of

the following month. Post belongs to the device from the first day of the stay

the child in the facility.



(2) for the period during which the child is with the consent of the persons responsible

for educational or health facilities for more than 2 consecutive

days, reduces the contribution per calendar month on the number of daily

amounts, including the amounts for the day, which will begin in 15 hours, and for

the day on which the child stops stay in time after 15 o'clock.



(3) for the period during which the child is on the run from the device reduces the amount of

the contribution of 50% for each complete day.



(4) the contribution is not paid for the period during which the child is in custody

or in imprisonment.



(5) the device performs the billing for the overpayments and underpayments to the fifteenth

day of the month following the payment of the contribution referred to in paragraph

1. The results of the accounts for the past quarter shall notify in writing the device

the person who pays the contribution.



(6) The persons, the provisions of paragraphs 1 to 5 shall apply

Similarly.



Pocket money, personal gifts and material assistance



section 31



(1) children and dependent persons, which provides full direct

the pension is a pocket money.



(2) for the period shorter than 1 month pocket money determined by the number of days in the

where the child is in the care of the equipment. The daily amount of hair loss is one

třicetinu a monthly amount of pocket money.



(3) the Allowance does not belong to the child for days, after which the child is on the run from the

the device or is in the custody or imprisonment.



(4) pocket money in each case a distinction is made according to the educational

aspects of the set of internal regulations of the establishment.



(5) the amount of hair loss is rounded to desetikoruny upwards.



§ 32



(1) the child, to which belongs the full direct restorations, provides the facility

personal gifts for birthday, graduation and successfully to other

the usual occasions.



(2) a personal gift under paragraph 1 may be granted whether or not in the form of vouchers

contribution.



(3) personal gifts are referred to in paragraph 1 provide children under the age of the child,

educational aspects laid down in the internal regulations of the establishment and duration of stay

the child in the facility during the calendar year.



section 33



The baby, which was terminated the stay in the device for the reasons referred to in section 24

paragraph. 5 (a). (b)), and (c)), according to its real needs at the time of

the layoffs and the internal regulations laid down will provide the material

help or a one-time cash contribution. Furthermore, the child in cooperation

with the authority for social and legal protection of children provides consulting assistance

housing and work, and on the child's age and after leaving the device

provided advisory assistance in the solution of difficult life situations.



TITLE VII



COMMON, TRANSITIONAL AND FINAL PROVISIONS



§ 34



Required documentation



(1) the Devices shall keep this documentation:



and the device that contains the rules of procedure), and in particular rules for the evaluation and

remuneration of children, the rights and obligations of the children, the persons responsible for the education and

workers, equipment, daily and weekly program, the rules for the organisation of

visits, health treatment and for the receipt, movement and

the release of the children, the children's spolusprávy rules, notification rules

escape to the police of the Czech Republic, including the placing of a person authorized to take

the child after its discovery and diagnostic institutes operating the commuter

the workplace,



(b)) the annual plan of educational activities



(c)) the weekly programs educational activities,



(d)) rules, the Protocol



(e)) including personal documentation of children about the status of children conducted by the

the professional staff of the facility and the programme for the development of the personality, in which

in particular, the records are kept on the implementation of the objectives set, and the written

the applications of persons responsible for the education of the residence permit according to § 23 paragraph.

1 (a). and) or (c)),



f) documentation on location and during the child's stay in a separate room,



g) documentation about the location and course of the stay of the child seized on the run,

containing the information referred to in section 22, paragraph. 4,



the daily register book h) devices



I) book the official visits,



(j)) book the other visits, including visits to the registration of persons responsible for

education.



(2) the Centre shall keep the documentation referred to in paragraph 1 with the exception of (b)),

(f)), and (g)).



section 35



the title launched



The Ministry carries out the control over compliance with this Act. The scope of the

The Czech school inspection to facilities or centres not affected.



section 36



(1) the administrative regulations shall not apply to decisions under section 11 (2). 3, section 13

paragraph. 3 and § 14 paragraph. 4.



(2) the Superior administrative authority to the Director of the orphanage, the children's

home with the school and the educational Institute is the regional authority. Supervisor

the administrative authority is the Director of the Institute of diagnostic Department.



(3) an appeal against a decision under section 24, paragraph. 3 (b). (b) to (f)))

suspensory effect.



§ 36a



Where in this Act talks about the child with the orphanage

This means even a child with an ordained provisional measures.



§ 37



(1) in plants is a continuous year-round operation.



(2) Operation may be temporarily limited or interrupted only for serious

the reasons on the basis of the consent of the Ministry, and, provided that care

children is properly secured. Child care is required to ensure the founder

the device.



section 38



(1) to the device, do not accept children



and) that are under the influence of alcohol or other addictive substances and by

the opinion of the doctor require professional medical care that cannot be

a stay at the device, or



(b)) with psychiatric disorders: schizophrenia, bipolar disorder, severe

depressive and anxiety requiring psychiatric treatment.




(2) the provider of health services is required to comply with the request of the Director of

equipment for examination, whether the child is not under the influence of alcohol or other

addictive substances, and by the conclusion of a doctor to provide treatment to the child in the

the medical equipment for the time necessary to Detox under the conditions

laid down by a special legal regulation ^ 19).



section 39



Supervision of the public prosecutor's Office



(1) supervision over compliance with the law in the exercise of the constitutional education

and protective education in establishments performs the District Public Prosecutor's Office,

in whose district the facility is located.



(2) in the performance of the supervision of the public prosecutor is authorized to



and enter) at any time to the device,



(b) access to the required documentation) led by the device,



(c)) to talk with children without the presence of other persons,



(d)) apply from the employees of the establishments and other persons involved in the care of the

the children needed an explanation,



(e) report to the Court) proposal to abolish the ordered institutional care or stored

protective education, where appropriate, to submit a proposal on imposition of protective education

children placed in the facility on the basis of ordered institutional care,



(f) examine whether the decision) and procedures correspond to the Director

laws and other legal regulations,



(g) to issue commands to the adoption of) measures leading to the Elimination of the State of

violation of the legislation,



(h)) to order that a child who is in the facility illegally, it was after the announcement

the authority for social and legal protection of children promptly released.



(3) the device is bound to orders of a Prosecutor in accordance with paragraph 2 without

delay.



(4) the supervision of the public prosecutor's Office under this section shall not affect the

the scope of the institutions of socio-legal protection of children, according to a special legal

^ 7) of the code.



section 40



Insurance



Facility or centre may take out insurance in case your

liability for damages to things, the life and the health of children and their

employees.



§ 40a



cancelled



§ 41



The enabling provisions



(1) the Ministry shall lay down by Decree



and the territorial districts of diagnostic institutions),



(b) details of the organisational procedure) the device when receiving,

positioning, movement and the release of children, ensuring the order and

security in installations



(c) the model rules of procedure) for the device and the Centre,



(d) security of residence) details the Organization of children detained at the

the run in diagnostic Institute under section 6,



(e) details of the organizational placement of security) of children with

disabilities according to § 2 (2). 12, minor mothers and their children, and children

that require individualized treatment regimen as a result of their neurological

damage (mental illness),



(f) details of the organizational placement of security) and the stay of children

referred to in section 2 (2). 4,



(g)) the details of the Organization of the educational care centres,



(h)) to detect mental competence, the model statement before

psychological testing, a pattern of psychological assessment, details of

training of persons applying for accreditation, the content of applications for accreditation by

§ 18a,



I) quality standards for preventive educational care centres and

quality standards for the performance of the constitutional education and protective education in

devices.



(2) the Government shall determine by regulation



and the amount of the contribution for the calendar) a month, depending on the age of the child

or dependent persons,



(b)) the highest and lowest amount of pocket money per calendar month in

Depending on the age of the child or dependent person,



(c)) the highest value personal gift for a birthday, for the successful completion of

study and to other customary occasions depending on the age of the child

or dependent persons,



(d)) the highest value in kind assistance or financial contribution to the child,

which has been terminated stay in the device for the reasons referred to in section 24, paragraph. 5

(a). (b)), and (c)).



section 42



Transitional provisions



(1) children's homes, children's homes, residential school type with special

schools, reformatory, special boarding schools, auxiliary

boarding schools and educational institutions, in which it is exercised by the constitutional

education or protective education, established under the existing legislation, the

consider the device under this Act if, within 24

months from the entry into force of this Act shall submit to the Ministry founder

application for amendment of the classification of the device in accordance with this Act.



(2) the number of children in educational groups, family groups, according to

This Act shall be adjusted within 24 months of the entry into force of this law.



(3) Children with mental, physical, sensory disabilities, with speech defects,

with multiple defects, which have been ordered by the constitutional education or

imposed protective education, placed under the existing regulations in the

special boarding schools are within 24 months from the entry into force of

This Act transferred to the device under this Act,

If the degree of their State of health does not require placement in an institution

social care or in a specialized medical facility (section 2 (2).

12).



(4) teaching staff who are employees of the establishments or

According to the existing legislation, the Centre shall be required, within 2 years from the

the effectiveness of this Act, submit to the facility or Centre results

a psychological examination of the psychological competence pursuant to § 18 paragraph. 2.



§ 43



Cancellation provisions



Shall be deleted:



1. Government Regulation No. 176/1996 Coll., laying down the amount of the contribution to the

payment of care provided by youth placed in school facilities for

the performance of institutional care, protective custody or preventive care.



2. Decree No. 64/1981 Coll. on school facilities for the performance of the constitutional

education and protective education.



PART THE SECOND



cancelled



§ 44



cancelled



PART THE THIRD



cancelled



section 45



cancelled



PART THE FOURTH



The EFFECTIVENESS of the



section 46



This law shall enter into force on 1 January 2005. July 2002.



Klaus r.



Zeman in r.



Selected provisions of the novel



Article II of law no 383/2005 Sb.



Transitional provisions



1. Testimonials about mental competence issued before the date of entry into force of

This law is valid for 7 years from the date of their issue, if

There are grounds for reasonable doubts about whether the pedagogical worker meets the

psychological condition of eligibility pursuant to section 18 of Act No. 109/2002 Coll., on

the performance of institutional care or protective education in educational establishments and

about preventive educational care in school facilities and on changing other

law, in the version effective as from the date of entry into force of this Act; in

such a case, the Director of the Centre or the diagnostic Institute, the children's

home, children's home, school or educational institution shall prescribe

pedagogical worker to undergo a psychological examination and

fix an appropriate time limit.



2. the Director of the diagnostic Institute, the children's home, children's home,

the school or educational institution shall ensure that a decision on the amount of the contribution

to cover the care of children and dependent persons in the school

facilities for the performance of institutional care or protective custody, released

before the date of entry into force of this law, which are not in accordance with section

27 and 28 of Act No. 109/2002 Coll. on the execution of institutional care or protective

education in educational establishments and the preventive educational care in

educational establishments and amending other acts, as effective from the date of

the entry into force of this law, has been replaced by the new decisions, and

within 3 months from the date of entry into force of this Act.



3. The number of children in educational groups, family groups and numbers

family groups and educational groups in school facilities for the performance of

institutional care or protective custody established prior to the date

the effectiveness of this law, the competent Director of the educational facilities for the

the performance of institutional care or protective custody in accordance with section 4, paragraph 4. 2 to

5 of law No 109/2002 Coll. on the execution of institutional care or protective

education in educational establishments and the preventive educational care in

educational establishments and amending other acts, as effective from the date of

the entry into force of this Act, and within 2 years from the date of entry into force of

of this law.



4. the amount of the allowance to cover care provided to children and their dependent

persons in diagnostic Institute, the children's home, children's home with the school

and educational Institute under section 27. 1 of Act No. 109/2002 Coll. on the execution of

institutional care or protective education in school facilities and on the

preventive educational care in school facilities and on changing other

law, in the version effective as from the date of entry into force of this Act, is to

December 31, 2005, the same as the amount of the contributory base under section 27. 2

Act No. 109/2002 Coll. on the execution of institutional care or protective custody

in school facilities and on preventive educational care in school

establishments and amending other acts, as effective from the date of acquisition

the effectiveness of this Act.



Article. (II) Law No 352/2011 Sb.



The transitional provisions of the



The psychological review applicable on the date of effectiveness of this law, the

It shall not apply the provisions of § 18 paragraph. 4 of Act No. 109/2002 Coll. on the execution of

institutional care or protective education in school facilities and on the

preventive educational care in school facilities and on changing other

acts, as effective in the effective date of this law, as regards the

the period of validity of this psychological assessment.



Article. (II) Act No. 333/2012 Sb.



Transitional provisions



1. The founders of the educational care centres shall bring into force the Charter of incorporation or

other founding documents in accordance with Act No. 109/2002 Coll., in

the texts of the effective date of the entry into force of this Act, and not later than

within 12 months from the date of entry into force of this Act.



2. The numbers of family groups in children's homes and children's homes

the school established before the date of entry into force of this Act shall

the founder of these devices in accordance with article 4, paragraph 4. 5 of law No 109/2002

Coll., as amended, effective from the date of entry into force of this Act, and within 5

years from the date of entry into force of this Act.



3. The entry into force of the regulation of the Government under section 41, paragraph. 2 of law No.

109/2002 Coll., as amended, effective from the date of entry into force of this Act,

When calculating the amount of the contribution, the amount of sail, donation to the values

birthday, to successful graduation and other usual

opportunities and the kind of assistance or the amount of a monetary contribution to the child,


which has been terminated stay in the device for the reasons referred to in section 24, paragraph. 5

(a). (b)), and (c)), in accordance with the existing legislation.



4. children whose placement as a result of their behavioral disorders requested

legal representatives of the child, the diagnostic Institute to provide care

until 31 December 2004. August 2017. These children is provided by the preventive

educational care under section 16 of Act No. 109/2002 Coll., as amended effective to

date of entry into force of this Act. These children may be adopted in

during the calendar year so that their average monthly number of

match a maximum of 10% of the capacity of a diagnostic of the Institute. An exception from the

limit the number of children referred to in the third sentence, may grant to the Ministry of education,

Youth and sports.



1) Act No. 40/1964 Coll., the civil code, as amended

regulations.



1A) section 10 (1). 3 (b). d) of Act No. 359/1999 Coll., on the socio-legal

the protection of children, in the wording of later regulations.



2) section 76a of the judicial code.



3) § 2 (2). 2 and 3 of Act No. 359/1999 Coll. on social and legal protection

the children, in the wording of Act No 272/2001 Sb.



4) Act No. 117/1995 Coll., on State social assistance, as amended by

amended.



section 34, paragraph 5). 1 (a). (c) to (f))) Act No. 108/2006 Coll., on social

services.



6) section 18 of Act No. 48/1997 Coll., on public health insurance, and about

change and the addition of some related laws.



7) Act No. 359/1999 Coll., as amended.



7A) of section, paragraph 93. 1 (a). (b)) of the Act No. 218/2003 Coll., on liability

Youth for unlawful acts and the judicial system in matters of youth and change

Some laws (the law on the judicial system in matters of youth), as amended by

amended.



8) section 2 of the Act No. 563/2004 Coll., on staff and on the change

Some laws.



8A) Law No. 563/2004 Sb.



8B) the law No. 101/2000 Coll., on protection of personal data and on amendments to certain

laws, as amended.



8 c), Act No. 20/1966 Coll., on the health care of the people, as amended

regulations.



8 d) European Parliament and Council Directive 2004/38/EC of 29 April 2004. April

2004 on the right of citizens of the Union and their family members to

move and reside within the territory of the Member States, amending Regulation (EEC) No.

1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC,

73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.



Council Directive 2003/109/EC of 25 November 2003. November 2003 on the legal position of the

third-country nationals who are long-term

residents.



Council Directive 2005/71/EC of 12 July 2005. October 2005 on a specific procedure for the

acceptance of third-country nationals for purposes of scientific

research.



Council Directive 2003/86/EC of 22 December 2004. September 2003 on the right to merge

family.



Council Directive 2004/83/EC of 29 April 2004. April 2004, on minimum standards,

subject to the third-country nationals or persons without

nationality, to be able to apply for the status of refugee or person,

that other reasons need international protection and the content of

the protection granted.



8e) Law No 18/2004 Coll., on the recognition of professional qualifications and other

the eligibility of nationals of the Member States of the European Union and the

some of the nationals of other States and on the amendment of certain laws (the law on the

recognition of professional qualifications), in the wording of later regulations.



8f) Law No. 96/2004 Coll., on conditions for the acquisition and recognition

competence for the exercise of paramedical professions and to the exercise

activities related to the provision of health care and the change

some related laws (the law on the paramedical

occupations), as amended by law No 125/2005 Sb.



9) § 9 of the civil code.



10) section 116 of the civil code.



11) section 30 of Act No. 359/1999 Coll., as amended by Act No 272/2001 Sb.



12) Act No. 218/2003 Coll., on liability for unlawful acts and the youth

about the judiciary in matters of youth and on the amendment of certain laws (the law on the

the judicial system in matters of youth).



12A) § 11 and 20 of the Act No. 218/2003 Coll.



13) section 28 of Act No. 359/1999 Coll.



14) § 32 Act No. 117/1995 Coll., as amended.



15) § 4, 6 et seq.. Law No 110/2006 Coll., on environmental and existential

minimum.



16) section 52 of the Act No 155/1995 Coll., on pension insurance.



19) Act No. 20/1966 Coll., as amended.



Code of civil procedure.



20) Law No 111/2006 Coll. on assistance in material need, as amended

regulations.



21) Law No 110/2006 Coll., on environmental and existential minimum, as amended by

amended.