359/1999 Coll.
LAW
of 9 June. December 1999
on the socio-legal protection of children
Change: 257/2000 Coll.
Change: 272/2001 Sb.
Change: 320/2002 Coll., 518/2002 Sb.
Change: 222/2003 Coll.
Change: 315/2004 Sb.
Change: 52/2004 Sb.
Change: 436/2004 Sb.
Change: 57/2005 Sb.
Change: 501/2004 Coll., 381/2005 Sb.
Change: 134/2006 Sb.
Change: 165/2006 Sb.
Change: 112/2006 Sb.
Change: 176/2007 Sb.
Change: 124/2008 Sb.
Change: 259/2008 Sb.
Change: 295/2008 Sb.
Change: 305/2008 Sb.
Change: 41/2009 Sb.
Change: 73/2011 Sb.
Change: 227/2009 Sb.
Change: 420/2011 Sb.
Change: 375/2011 Sb.
Change: 399/2012 Coll. 401/2012 Coll., 505/2012 Sb.
Change: 103/2013 Sb.
Change: 306/2013 Sb.
Change: 303/2013 Sb.
Change: 64/2014 Sb.
Change: 250/2014 Sb.
Change: 205/2015 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
INTRODUCTORY PROVISIONS
§ 1
The socio-legal protection of children
(1) the socio-legal protection of children (hereinafter referred to as "socio-legal protection of")
means, in particular,
and the protection of the rights of the child) on the positive development and the proper education
(b) the protection of the legitimate interests of the child), including the protection of his property,
(c) action towards the restoring) disturbed function of the family,
(d) the replacement of the family environment) security for a child who cannot
be permanently or temporarily reared in own family.
(2) shall remain unaffected by the specific laws that govern whether or not
protection of the rights and legitimate interests of the child.
(3) this law shall apply to legal relationships that are not covered by
directly applicable provision of the European Union in the field of foster
care ^ 55).
§ 2
(1) for the purposes of this Act, a child shall mean a minor person. ^ 1)
the case of minor children who have acquired the full, mom,
the socio-legal protection is granted only to the extent laid down in section 8
paragraph. 1, section 10, paragraph 1. 1 (a). (e)), section 10 (1). 3 (b). and (b))), section 29, § 32
paragraph. 4, section 33 and 34. In the provision of social and legal protection in these
cases, the competent authority of the social and legal protection shall be obliged to fully
to respect the will of the child, which came into full, mom.
(2) the socio-legal protection of the child, which is granted on the territory of the Czech
of the Republic of
and) has permanent residence,
(b)) has a ^ under special legislation governing the stay of aliens)
on the territory of the Czech Republic permanent residency or is reported to stay
on the territory of the Czech Republic for at least 90 days,
(c)) has made a request for the grant of international protection in the territory of the Czech
of the Republic,
(d)) is entitled to reside permanently, ^ 2)
staying with a parent) who has made an application for the grant of international protection
or permission to stay for the purpose of providing temporary protection on the territory of the
The Czech Republic or who is staying on the basis of a granted permission to
stay for the purpose of temporary protection on the territory of the Czech Republic according to the
special legal regulation, ^ 2a)
(f)) is staying with the parent who is staying in the territory on the basis of a visa for a stay of
90 days for the purpose of prolonging the stay in the territory according to the specific legal
code ^ 63) or teach, or by a person enjoying the additional
protection, or
(g)) is a person enjoying or teach the additional protection.
(3) to the extent established by law (§ 37 and 42), the socio-legal
It also provides protection to the child who is not on the territory of the Czech Republic
permanent residency or not reported to stay on the territory of the Czech
of the Republic for a period of at least 90 days under special legislation "^ 1a)
governing the stay of foreigners on the territory of the Czech Republic is not even entitled to
under special legislation ^ 2) permanently reside on the territory of the Czech
of the Republic.
§ 3
(1) there is hereby established the Office for international legal protection of children (hereinafter referred to as
"The Office"), located in Brno, Czech Republic. the Office is an administrative body with national
scope; It is subordinated to the Ministry of labour and Social Affairs (hereinafter referred to as
"the Ministry").
(2) the Head Office of the Director; his selection, appointment and removal shall be governed by
the law on the civil service.
§ 4
(1) the socio-legal protection ensuring the social and legal protection authorities,
which are the
and regional authorities)
(b)), the municipal authorities of municipalities with extended powers,
c) municipal offices and district offices; the provisions of this law on municipal
the offices also apply to district offices,
(d)), the Ministry,
(e)),
(f) the Office of the Czech Republic)-the regional branches and the branch to the main
City of Prague (hereinafter referred to as "the regional branch office of the work").
(2) the socio-legal protection, further provide
and in a separate scope) community,
(b)) region in a separate scope
(c)), the Commission for the social and legal protection of children,
(d)) other legal and natural persons, if the performance of the socio-legal
entrusted with the protection (hereinafter referred to as the "designated person").
Section 4a
The definition of certain concepts
For the purposes of this Act, means the
and another person) responsible for the upbringing of the child by a natural person, which was
the child has been entrusted to education by decision of the competent authority,
(b) the person responsible for the child) (hereinafter referred to as "the person looking") other natural
the person responsible for the upbringing of the child,
1. that is a foster parent,
2. that was the emancipation of a child by his foster parent, or
guardian, and for a period, after which the dependent child ^ 56) is entitled to
post to cover the needs of the child,
3. which is before the Court for custody of the child in foster care
by a court decision temporarily entrusted to the care of a person who is interested in becoming a
foster parent, and for the duration of such care,
4. which is the guardian of the child, if the child personally cared for, or
5. that the child has in the personal care, which does not have the obligation, and it
for a period, after which the judicial proceedings in progress on the provision of this person
guardian, the
(c) a person in the register) of the natural person who is registered in the register of persons
that can perform foster care for a transitional period.
PART THE SECOND
THE BASIC PROVISIONS OF THE SOCIAL AND LEGAL PROTECTION
§ 5
The front aspect of the socio-legal protection of the interest and welfare of the child is,
parenting and family protection and the right of parents and children
parental upbringing and care. In doing so, shall take into account and to a wider social
the environment of the child.
§ 6
The socio-legal protection of focuses specifically on children,
and) whose parents
1. they died,
2. obligations arising from parental responsibility, or
3. do not exercise or abuse the rights deriving from the parental
liability;
(b)) that have been entrusted to other persons responsible for the education of
the child, if such person fails to fulfil the obligations deriving from the custody of the child
in her education;
(c)) that lead the idle or abandoned life consisting in particular in
that neglect of schooling, work, even if they do not have sufficient
source of livelihood, enjoy alcohol or addictive substances, are at risk of
addiction, prostitution, committed the offence or, if the
children younger than 15 years, committed an act that would otherwise be a criminal
crime, ^ 4) repeatedly or persistently commit violations ^ 5) or otherwise
threaten civil coexistence;
(d)) which is repeatedly committing escape artist from the parents or other physical
or legal persons responsible for the upbringing of the child;
(e)) where the offence was committed life-threatening, health,
freedom, human dignity, moral development, or the assets of, or is
suspected of having committed such an offence;
(f)) which are based on the requests of parents or other persons responsible for the
raising a child repeatedly placed in facilities providing
24-hour care for children or their placement in such establishments
It takes longer than 6 months;
(g)) that are threatened by violence between the parents or other persons
responsible for the upbringing of the child, where applicable, other physical violence
persons;
(h)) which are applicants for the grant of international protection, the Libyan authorities or
persons enjoying subsidiary protection, and which are on the territory of the Czech
Republic are unaccompanied by parents or other persons responsible for
for their education;
If these factors persist after a period of time, or are of such a
the intensity of that adversely affect the development of children or are or may be
the cause of the negative development of the children.
section 7 of the
(1) Everyone is entitled to draw attention to the objectionable behaviour of children of their parents.
(2) Everyone shall be entitled to notify the authority of the socio-legal protection of the
violation of obligations, or an abuse of the rights deriving from the parental
liability, the fact that parents may not fulfil the obligations
resulting from parental responsibility, or the fact referred to in §
6 (a). (b)) to (h)); This is without prejudice to the obligation arising from the Special
legislation. ^ 6)
§ 8
(1) the child has the right to request the authorities of the socio-legal protection and equipment
the socio-legal protection of State authorities, which according to the specific
^ Law 7) belongs also to the protection of the rights and legitimate interests of the
the child, the authorised persons, schools, educational facilities and providers
health services for help in protecting your life and other
rights; These authorities, legal and natural persons and authorised persons are
obliged to provide appropriate assistance to the child. The child has the right to request
help even without the knowledge of parents or other persons responsible for the education of
of the child.
(2) a child who is capable of forming his or her own views has the right to
the purpose of the socio-legal protection of these views freely in the
consideration of all matters that affect him, even without
the presence of the parents or other persons responsible for the upbringing of the child.
Observations of a child when discussing all matters relating to the
his person devotes due attention appropriate to his age and academic
maturity. In its activities the authority takes the socio-legal protection of account
the wishes and feelings of the child, taking into account his age and development, so as to
There has been no threat or disruption of his emotional and mental development.
(3) a child who is capable of having regard to his age and intellectual maturity
assess the range and importance of the decision of a court or
administrative proceedings, which is a party to, or in the case of other decisions
related to his person, receives from the authority of the social and legal protection
information about all things related to his person; about the child
older 12 years, it is considered that it is able to receive the information, create
your own mind and this.
§ 9
The parent or other person responsible for the upbringing of the child has the right to exercise
their rights and duties, request the assistance of socio-legal protection of the authority,
State authorities, which according to the specific legislation of the ^ 7)
also the protection of the rights and legitimate interests of the child, where applicable, the authorized person;
These authorities within their competence and to the extent of their authorised persons
credentials are required to provide this assistance.
§ 9a
(1) if there is a situation, which endangers the proper upbringing and positive development
the child, the parents or other persons responsible for the education of the child
cannot or are not able to deal with themselves, it is necessary to adopt for the protection
of the child and to assist the parents or other persons responsible for the
raising a child the necessary measures of socio-legal protection under part
the third.
(2) measures of a socio-legal protection must be chosen so that
are consistent and mutually influenced. In the performance and implementation measures
they prefer that, to ensure the proper upbringing and positive development
the child in its family environment and if this is not possible in the replacement
the family environment; When it happens with the use of methods of social
the work and procedures of the respective current scientific knowledge.
(3) the authorities of the socio-legal protection, device for children in need
immediate help and authorised persons are obliged to be guided in the exercise of
the socio-legal protection of the quality standards of the socio-legal protection
which are the criteria for determining the level of the quality of the provision of
social and legal protection. Implementation of the standards of quality of the socio-legal
protection system shall be assessed points.
(4) Standards of quality of social and legal protection include
and) principles and assessment of the performance of social and legal protection,
(b)) standards of social work with the client,
(c) standards of personnel and organization) to ensure performance
social and legal protection,
(d) ensure the technical and operational) of the social and legal protection.
PART THE THIRD
MEASURES OF A SOCIO-LEGAL PROTECTION
TITLE I OF THE
PREVENTIVE AND ADVISORY ACTIVITIES
§ 10
(1) the local authority is obliged to
and search for children) referred to in section 6,
(b)) to operate on the parents to comply with the obligations deriving from the parental
liability,
(c)) to discuss with parents the child's shortcomings in education,
(d)) to discuss with the child flaws in its behavior,
(e)) to see whether it is on the basis of the control permission ^ 8) addressed in
access of children to the environment, that is from the perspective of their development and education
threatening,
(f)) to provide or convey the parents at their request advice
When the claims of the child in accordance with the specific legislation, ^ 9)
(g) notify the municipal office) municipalities with extended competence of the fact
that suggests that the children referred to in section 6.
(2) the municipality in a separate scope and region in a separate scope
create the prerequisites for cultural, sports and other interests
educational activities for children.
(3) Municipal Office municipality with extended competence is required to
and adverse influences) to follow to kids and to discover the causes of
their creation,
(b)), take measures to restrict exposure to the adverse impact on the children,
(c) regularly to evaluate the situation of the child) and his family, and in particular of the
for the assessment, whether it is a child referred to in section 6, by species and
the range of measures necessary to protect the child, and provide assistance
the parents or other persons responsible for the upbringing of the child,
(d)) process on the basis of the evaluation of the situation of the child and his family, according to the
subparagraph (c)) the individual child protection plan, which identifies the causes of
the threat of the child, provides for measures to ensure the protection of the child, to
the provision of assistance to the family of an affected child and to strengthen the functions of the family and
lays down a timetable for the implementation of these measures, in cooperation with the
the parents or other person responsible for the upbringing of the child, the child and the
the experts, who are involved in the solution to the problem of the child and his family,
(e) organise the case conference) to address specific situations
the affected children and their families, and in cooperation with parents and other
the person responsible for the upbringing of the child, other persons, a report
in particular, representatives of schools, educational facilities, equipment providers
health services, institutions operating in the social field, the institutions of the police,
prosecutors, professional staff in the field of substitute family
care, providers of social services and authorised persons; for participation in the
case Conference applies to section 38, paragraph. 7 apply mutatis mutandis.
(4) the public authorities responsible for the person, school, school equipment and
the providers of health services, where appropriate, other devices designed for
children are obliged to notify the municipal office municipality with extended competence
the fact that it appears that the children referred to in section 6,
without undue delay after such fact. If on the
It's the one who made the notification referred to in the first sentence, ask the local authority of the municipality
with the expanded authority it shall inform, within 30 days from the date when the
notification received, whether on the basis of the facts contained in the notification
found or did not find that the child listed in section 6. The founder of the device
referred to in § 39, paragraph. 1 (a). (c) upon the adoption of a child) to the device
the obligation to notify, without undue delay to the municipal authority
municipalities with extended competence, in whose area the child has a permanent
stay, and if not known, the municipal office municipality with extended
competence in the area, which is the device to which the
the baby was taken. In the performance of his obligations under the first and third sentences
the obligations of confidentiality cannot be invoked by a special
legal regulation.
(5) the protection of the child's individual plan
and) handles with an emphasis on the adoption of measures that will allow the remaining
the child in the care of parents or other persons responsible for the upbringing of the child,
(b) draw up from the beginning of time) providing social and legal protection,
not later than 1 month after the inclusion of the child in the register of the municipal office
municipalities with extended competence,
(c) regularly updates, in particular) in situations where is stored the educational
the measures, ordered by the constitutional education, conservation education, or when the child is
entrusted to a facility for children in need of immediate assistance, to foster
care or other alternative education.
section 10a
(1) the provider of health services is required to promptly notify the
Municipal Office municipality with extended powers, that the mother after birth
child baby left, and left is in his medical equipment.
(2) every person who has the consent of the parents or other persons responsible for the education of
the child and without a decision of the competent authority takes the child into his care with
the intention to take the child in his care, is obliged to this fact
immediately notify the municipal office municipality with extended competence.
(3) in the performance of the duties referred to in paragraphs 1 and 2 shall apply section 10, paragraph 1. 4 sentence
the last analogy.
(4) the Authority for social and legal protection, are the parents of the adopted
a child under the civil code, are obliged to inform, that the child was
passed into the care of the prospective adoptive parents, is the local authority of the municipality with extended
scope.
§ 11
Consultancy
(1) Municipal Office municipality with extended competence
and when the solution) helps parents educational or other problems
related to the care of the child,
(b)) provides or arranges the parents advice on education and
the education of the child and the child in the care of the disabled,
(c)) in the framework of advisory activities lectures and courses
solutions to educational, social and other problems associated with the care of
the child and his upbringing,
(d)) provides persons suitable to become adoptive parents or guardians
consultancy assistance related to the adoption of the child or the child's entrustment
in foster care, in particular in matters of custody of the child,
e) provides assistance in the application of the right of the child to maintenance and
the enforcement of maintenance obligations to the child, including assistance in
the submission of the proposal to the Court; while collaborating in particular with the authorities to help in the
material need, required persons, law enforcement authorities in criminal proceedings, and
the courts.
(2) Regional Office provides
and the preparation of appropriate individuals) to become adoptive parents or guardians to
the adoption of the child in the family and provides consulting assistance to these persons,
related to the adoption of the child or the child's entrustment into foster care,
including special preparation for adoption of the child's foster parent for a transitional
period of time; the time range of the preparations for the inclusion of the applicant in the register for
intermediation of adoption or foster care is at least 48 hours and
applicants for inclusion in the register of persons who may perform foster
care for a transitional period of at least 72 hours; the time range of training
applicants who have already completed the training, the Regional Office
reduce,
(b)) the preparation of the children living in the family of persons suitable to become adoptive parents
or foster parents; preparation of the children shall be carried out, mutatis mutandis, in relation to their
age, intellectual maturity and to the extent necessary,
(c)) osvojitelům or foster consultancy assistance related to the adoption
of the child or the child's entrustment into foster care, in particular in matters of
education.
(3) the regional office can provide training and advisory assistance under
paragraph 2 also in cases of guardianship, if the guardian of the child
personally cared for, or in cases of child custody of another person.
(4) the regional office is obliged at least once a year to secure a consultation
about the performance of foster care. In addition to the consultations of experts to address the
educational and social problems also participate in the foster parents who have
permanent residence on the territory of the region; the consultations also may participate in the kids
entrusted to these foster children into foster care and other physical persons
with the foster parent household.
(5) Preventive and advisory activities under section 10, paragraph 1. 1 (a). (b)), (c)) and
(f)) and the consultancy referred to in paragraph 1 (b). and (b))) and provides
other persons responsible for the upbringing of the child.
§ 12
(1) Municipal Office municipality with extended powers can save parents
the obligation to take advantage of professional advice, if the parents
and failing to provide child support) consulting, as a child
assistance needs and municipal office municipality with extended competence
such assistance had previously recommended
(b)) are not able to solve the problems connected with the upbringing of a child without the support
assistance, in particular in disputes about the adjustment of the education of the child or
Edit the contact with the child,
(c)) missed the options professional consulting assistance needed to overcome
the problems of the family and to avert the placement of a child in foster care or
they failed to heed the recommendation of the authorized persons to work with the providers of
professional consulting services or a mediator.
(2) Municipal Office municipality with extended competence is required to provide
parents help after the placement of a child to a facility for the performance of the constitutional education
(section 28), or to a facility for children in need of immediate assistance (para. 42),
specifically in helping to organize the family conditions that would
allow the return of the child in the family, in the solution of environmental and social
the situation, including the substantive level of the family, in cooperation with the authorities
social security, the regional branches of the Office work and other
State and other bodies, and for this purpose also provides parents
professional consulting assistance.
(3) Municipal Office municipality with extended competence can obligations referred to in
paragraph 1 save and assistance under paragraph 2, provide the other parties with a
responsible for the upbringing of the child. ".
(4) the local authority municipalities with extended competence cancels the decision on the imposition of
the obligations referred to in paragraphs 1 and 3,
and if it fulfills its purpose), or
(b) if the fails of its purpose); may decide on the imposition of
the educational measure referred to in section 13 or choose other appropriate measures
social and legal protection.
Educational measures
section 13
the title launched
(1) if required by the interest of the proper upbringing of a child, the local authority of the municipality
with extended jurisdiction
and admonish the child in an appropriate way), parents, other persons responsible for the
the education of the child, or who interferes with the proper care of the child,
(b) supervision over the child) to establish and implement it for the cooperation of the school,
where appropriate, the other institutions and persons that operate in particular in place
the child's place of residence or place of work,
(c) to save the child, parents) or other persons responsible for the education of
child restrictions that prevent harmful influences on the education of the child,
in particular, the prohibition of certain activities, certain places, actions or
equipment unsuitable due to the person of the child and his development, or
(d) to save the child, parents) or other persons responsible for the education of
the child's duty to take advantage of professional advice or save
the obligation to participate in the first meeting with a registered mediator in the range
3 hours or therapy; the provisions of section 12(2). 1 this does not prejudice.
He has done so, the municipal authority municipality with extended powers, these
the educational measures taken under the same conditions, decide the Court.
(2) Municipal Office municipality with extended competence when deciding on
educational measures referred to in paragraph 1 shall take into account the fact that
discussing the shortcomings referred to in section 10, paragraph 1. 1 (a). b) to (d)) or save
the obligation under section 12, paragraph. 1 and 3 did not lead to the remedy.
(3) Municipal Office municipality with extended competence may request the competent
Municipal Office to monitor whether educational measures are complied with,
decided on.
(4) the local authority municipalities with extended competence cancels it has stored the educational
the measures,
and if it fulfills its purpose), or
(b) if the fails of its purpose); can decide to save another
educational measures or to choose another appropriate measures of a socio-legal
protection,
(c)) changes the ratios; (b)) shall apply mutatis mutandis for the sentence with a semicolon.
§ 13a
(1) if required by the interests of the child and the educational measures under section 13 (3). 1
to remedy, the Court may temporarily withdraw the child from the care of parents or
other persons responsible for the upbringing of the child; in doing so, the child shall prescribe a maximum on
3 month stay in
and educational care centre) or in a facility for children in need
immediate assistance, or
(b) the provider of health services) of the device or in a home for people with
the disabled.
(2) if it is not possible to provide the child with the necessary protection and assistance to other
educational measures or measures of socio-legal protection and at the same time
It is not possible to provide child care, family care, in particular the replacement
foster care for a transitional period, the Court may decide on the custody of
child care facility for children in need of immediate assistance under
paragraph 1 (b). and), if the child,
and at) that the lack of proper health care or if the life of the
the child's normal development or another important interest in serious jeopardy
or disturbed,
(b)) that are placed without reasonable care of his age,
(c) physically or mentally), battered or abused, or
(d)) that are placed in the environment or situation that seriously
threaten its basic rights.
(3) the Court in the decision marks the device to which the child has to be in accordance with
paragraph 1 is placed. In doing so, account shall be taken of the interests of the child and to the expression of
Municipal Office municipality with extended competence. The Court shall ensure that the location of the
the child as close to the residence of the parents or other persons close to the child.
(4) in connection with the dispute of the parents about the education of the child, the Court may
decide on the child's stay in the equipment of the provider of health services
referred to in paragraph 1 (b). (b)), only required if the medical condition of the child and
under the terms of that
and it is shown that) there is an urgent need to place the child in the
equipment with regard to the interest of the child and his more emotional, psychological and
a sensible development,
(b)) is not sufficient use of other measures for the protection of the child,
(c)) is the Court in advance limited duration of stay of a child in a device provider
health services and
(d)) at the same time, it is obliged to support parents to take advantage of consulting
assistance designed to remedy the relations in the family.
(5) the Court may, for the duration of the educational measure referred to in paragraph 1 totally
exceptionally be extended, in particular, in the event that the parent or other person
responsible for the upbringing of the child proven adjusts its ratios, so that the
could take the child in personal care. The total period of continuous duration
the educational measure referred to in paragraph 1 may not exceed 6 months.
(6) the period of stay of a child in the center of the educational care, in facilities for children
in need of immediate assistance in equipment of the provider of health services
or in a home for persons with disabilities, which is stored on the
the basis of pretreatment conditions on the time necessary for the child pursuant to section
924 of the civil code or the educational measure referred to in paragraph 1, the
for the purposes of the assessment of the duration of the total period of continuous education
the measures referred to in paragraph 5 shall be added together. Temporary residence permit
(visit) at the parents or other persons under section 30 does not have on the total duration of the
the duration of the educational measure referred to in paragraph 5.
TITLE II
MEASURES TO PROTECT CHILDREN
§ 14
(1) the local authority municipalities with extended competence shall, under the conditions
laid down by a special legal regulation ^ 11) proposal by the Court
and to decide whether) you must consent to the adoption of a child, parents
(b) the restriction or deprivation), parental responsibilities or restrictions or
the suspension of its performance,
(c)) on the constitutional regulation of education,
(d) the extension or cancellation), the constitutional education,
e) on child custody facilities for children requiring immediate
assistance, to extend the duration of custody and on the abolition of
a decision on the custody of a child to this device,
(f) the custody of the child) in foster care on the transitional period and its
the cancellation,
(g) educational measures on Regulation) in accordance with section 13a, on the extension of the period
the duration of this educational measures or to its cancellation,
(h)) to transfer the child to another device for the exercise of the constitutional or
protective education,
I) on suspension of the obligations and rights of custody for the minor
parents,
(j)) on the conservation of the obligations and the rights of the child care and personal contact with
the child with the parents, mom, limited in
the deprivation of the rights of the parents) to give consent to the adoption or other
the obligations and rights of a personal nature, where the Court parents of parental
liability.
(2) Municipal Office municipality with extended powers is obliged before submitting
the Court referred to in paragraph 1, or if the proposal was submitted to the parent or
another person responsible for the upbringing of the child or of the public prosecutor
under special legislation
and discussed with parents or) other persons responsible for the education of the child
the reasons for which are to be or have been filing to the Court, learning is
clearly and verifiably about their rights and obligations
resulting from parental responsibility and the consequences of failure to comply with these
obligations; This does not apply in the event that a parent or other person responsible for the
raising a child is missing, for a long-term stay abroad
unreachable, or if ill from the disease, which prevents such
consultation,
(b) in the case of the Conference) in advance to discuss the reasons for the submission of the proposal
referred to in paragraph 1 and address possible ways of their solution; It
does not apply, if it is clear that the arrangement of the case conference would be
impossible or manifestly ineffective,
(c) to organize the Conference in case) during the proceedings of the Court of guardianship
the child in foster care, if not arranged according to point (a) (b))
before starting this procedure; the provisions of subparagraph (b)) of the sentence for a semicolon
shall apply mutatis mutandis,
(d) implement measures) socio-legal protection arising from the
assessment of the situation of the child and the child's protection, individual plan
in particular, provide or convey advice and assistance in education
the parents or other persons responsible for the upbringing of the child, or
an obligation to use the assistance referred to in section 12,
(e) consider the imposition of educational measures) with the results of their assessment
the use of.
(3) a part of the design of the municipal office municipality with extended competence
and) under paragraph 1 shall report to the Court about the examination and adoption of measures
in accordance with paragraph 2 (a). and (d)),)
(b) in accordance with paragraph 1 (b)). (c)) to (i)) and the assessment of that) is the reason
submission of the proposal are not only inadequate housing conditions, or property
the ratios of the child's parents or persons who have been entrusted to the care of the child,
If you are otherwise eligible, these persons or parents to secure the proper
the education of the child and the fulfilment of the obligations arising from their parental
liability.
(4) if the Court decides on constitutional regulation of education of the child or of the
the transfer of the child to another device for the exercise of the constitutional education, serves
Municipal Office municipality with extended powers of court representation for the needs of
specify device for the performance of institutional care, in which the child is to be
located.
(5) If the measures applied by the Court led to the correct behavior of the child,
in a meeting of the parents or other persons who would disturb the proper education
the child may bring a municipal office municipality with extended powers proposal by the Court
on the abolition of these measures.
(6) Municipal Office serves the Court suggestions for measures relating to education
children under special legislation ^ 12). Of the filing of the complaint to the Court
the local authority shall immediately notify the municipal office municipality with extended
scope.
(7) the local authority municipalities with extended competence provides synergy Court
in the performance of the decision about the upbringing of minor children under the Special
the law ^ 12a).
(8) the local authority municipality with extended competence and the persons participating in the
the implementation of the enforcement of a decision to proceed in cooperation under the
paragraph 7 with the aim of
and the enforcement of the obligations imposed on) the achievement of a judicial decision, and
(b) the Act on compulsory), to submit to the Court the decision of the
on a voluntary basis.
(9) the local authority of the shtetls, or persons
participate in the implementation of the enforcement of the decision, are required to provide to the child
the necessary explanation of the situation, and that in its
age and intellectual maturity, if not the circumstances of the case.
(10) for the cooperation referred to in paragraph 7 shall provide or
child support mediation, or his parents, or
other persons responsible for the upbringing of the child.
(11) the Municipal Office of the shtetls, or persons
participate in the implementation of the enforcement of the decision, are required in the implementation of the performance
the decision to proceed with the maximum possible speed.
§ 15
(1) where a child without adequate care of his age, in particular as a result of
the death of the parents or their hospitalization, is the municipal authority shall ensure
such a child emergency care; to ensure that care usually can be
prefer a relative of the child. On that measure the local authority without delay
notify the local authority of the municipality with extended competence.
(2) Municipal Office municipality with extended powers to assess whether they are in
the case referred to in paragraph 1 adequately the rights of the child and
met his justified needs, or whether it is necessary to take further
measures to protect the child.
section 16 of the
(1) if the child is in a State of lack of proper care or if the life of the
the child's normal development or another important interest in serious jeopardy
or affected by, the local authority of the municipality with extended competence to submit
a proposal of the Court to issue an interim measure ^ 13).
(2) If the child is subjected to physical or mental violence
sides of the parents or another person who lives with a child in common
the home, can the local authority municipalities with expanded authority to submit on behalf of the
the child's Court to issue an interim measure on the introduction of measures to
protection of the child against domestic violence ^ 70).
section 16a
(1) Municipal Office municipality with extended competence is required to assess whether the
It is necessary to take measures to protect the child, if the child is
with the consent of the parents or other persons responsible for the upbringing of the child without
the decision of the competent authority forwarded to the care of the person who has the intention to
take a child into its permanent or long-term care, or if the child is
with the consent of parents and without a court decision passed into the care of the future
adopters. Municipal Office municipality with extended powers is obliged to such
the measures taken, in particular, in the case where the person who took the child to the
their care, without undue delay, the absence of the proposal to the competent authority on
adoption of a child, to commit the child in foster care or in
předpěstounské care, the proposal on child custody of another person, or
proposal for a modification of its relationship to the child.
(2) the local authority municipalities with extended competence provides to the person that
It was passed to the child care referred to in paragraph 1, first sentence, help in solving
the problems associated with the care of the child, in the submission of proposals to the competent
authorities on the adjustment of legal relationship of that person to the child and in the implementation of
claims, in particular in the social field.
§ 17
Municipal Office municipality with extended competence
and) performs the function of guardian and the guardian; ^ 14) may be appointed
the guardian even if the representation of the child in relation to foreign countries,
(b) the guardianship as the public) will, in time, the guardian, the Court shall appoint a
a child or guardian until the guardian one function ^ 15).
section 18
cancelled
TITLE III
THE OPERATION OF THE SOCIAL AND LEGAL PROTECTION OF THE CHILD IN THE CUSTODY OF THE EDUCATION
OTHER PERSONS RESPONSIBLE FOR THE EDUCATION OF THE CHILD
§ 19
(1) Municipal Office municipality with extended competence is required to
and synergies when the Court) to provide detection of the place of stay for parents
the needs of the parents consent to the adoption of a child,
(b) instruct parents about possible) consequences of neprojevování a real interest in
the child, without undue delay after the placement of a child to a facility for
the performance of institutional care or facilities for children requiring immediate help
or after the transfer of the child to the foster care of a natural person. The lesson must
be granted in all cases, when the child is outside the care
parents; the lesson is not required, if the parent has left the place where
previously, without said, where it now resides, and failed to even
for the 3 months to determine the place where the parent resides,
(c)) to provide parents with a lesson about the possible consequences of the
neprojevování the real interest of the child advice and assistance in the scope of
specified in section 12, paragraph. 2,
(d) at the request of the Court) to exercise supervision over the success of intercountry adoption and to make
the Court at its request or even without this request reports on the course of supervision,
(e) to receive notifications of the Court) consent to parents with adoption and
inform immediately of this fact, the regional authority, if the child is
included in the registration of children for adoption or foster mediation
care.
(2) if it is entrusted to the child in foster care or in the care of předpěstounské
those interested in foster care, serves the regional branch office, work that
provides post to cover the needs of the child, the Court's proposal on the establishment of
maintenance on this child, and if the natural person does not pay the prescribed mandatory
maintenance, enforcement of the decision.
(3) Municipal Office municipality with extended competence may at any time, after
which is the child by a court decision passed into the care of the prospective adoptive parent,
in the care before the adoption or předpěstounské care, to verify whether there has been
to change the grounds for the adoption of a child or for the conferral of
the child in foster care, in particular, whether they are parents or other persons
the child capable of and willing to take in a child in their care. If it finds
such fact shall submit an application for annulment of the decision of the Court. In the case of
custody of a child has occurred after previous mediation of the regional
the Office shall notify the submission of this proposal to the regional office.
(4) the local authority municipalities with expanded authority monitors the development of children, which
have been entrusted to other persons responsible for the child's upbringing and development
children in the care of the předpěstounské. The staff of the municipality with extended competence
inclusion in local authority are required to visit the family, where
the child lives, or any other environment where the child resides, at least
once every 3 months in the first 6 months of care, alleviating the care
parents and předpěstounské care, and then, in accordance with the interests of the child under
necessary but at least once every 6 months, and on the basis of the Special
permission issued by the municipal office municipality with extended powers, in which
the name and surname of the employee, his more personal information and
defined by the activity, you can engage.
TITLE IV
INTERMEDIATION OF ADOPTION AND FOSTER CARE
§ 19a
(1) the mediation of adoption and foster care is
in search of children) referred to in section 2 (2). 2, which is to be
to provide care in a family environment in the form of replacement of foster care
or adoption,
(b)) in search of individuals suitable to become adoptive parents or
foster parents,
(c)) in training individuals to become adoptive parents, or the appropriate
foster parents to the adoption of the child in the family,
(d)) in the selection of certain natural persons suitable to become an adoptive parent or
a foster parent of a child, adoption, or foster care
brokers, and in ensuring the child's personal acquaintance with this
person.
(2) mediation, adoption and foster care referred to in paragraph 1 (b).
(d)) shall not perform other authorities, bodies or individuals before they are
social and legal protection authorities referred to in section 4, paragraph 4. 1.
section 20
Intermediation of adoption and foster care authorities socio-legal
the protection of the
(1) the Adoption or foster care in the Czech Republic and the adoption of children from
abroad to the Czech Republic to arrange only at the request of the natural person
who is interested to acquire a child or adopt a child in foster care (hereinafter the
"the applicant"). The application of the citizen of the Czech Republic or alien, which
claim on the social benefits of a directly applicable regulation
Union ^ 57) or that he has on the territory of the Czech Republic permanent residency
or that under special legislation governing residency
foreigners in the territory of the Czech Republic ^ 1a) temporarily staying on the territory of the Czech
the Republic continuously for at least 365 days, is served by the municipal
Office of the municipality with extended competence.
(2) Mediation
and the adoption and child custody) to foster care in the Czech Republic
provide the regional offices,
(b) adoption of children) from the Czech Republic abroad or children from abroad to
The Czech Republic provides the Office.
(3) the Mediation
and not in the adoption) if
1. that parents have given consent to the adoption of a child by specifying in advance for
a person as adopters,
2. If the proposal handed to the adoption of a child's parents, the surviving spouse husband after
parents or adoptive parents of a child, or
3. If the proposal handed to the adoption of a related child or other person nearby
the child, that does not preclude the adoption of the child;
b) foster care is not performed, it brought the proposal to entrust the child to the
foster care means the natural person or the natural person the child related nearby
the child or his family.
section 21
The procedure of the municipal office municipality with extended competence in mediation
adoption and foster care
(1) the local authority municipality with extended powers searches for children listed in section
19(a)(1). 1 natural persons suitable to become adoptive parents or guardians;
These children and people can find and recommend to the municipal office municipality with
extended powers also municipality and authorised persons. Municipal Office municipality with
extended jurisdiction will establish a number of documentation about the baby by
paragraph 4 for the purpose of providing alternative family care on the basis of the
assessment of the situation of the child and his family, and on the basis of the individual
the child protection plan; This document will establish a documentation of the village municipal office
with extended powers, always after the submission of the proposal to the Court pursuant to § 14 paragraph. 1
(a). and (f))), i) and to) or if it was otherwise, the proceedings of the Court,
that may lead to the removal of the child from the care of parents or other persons
responsible for the upbringing of the child.
(2) in the application for inclusion in register of applicants for mediation
adoption or foster care filed by municipal office municipality with extended
scope the applicant shall indicate the particulars and documents referred to in paragraph connects 5
necessary for the management of the file documentation.
(3) After receipt of the request, the municipal office municipality with extended competence request
on the basis of the data listed in it and the attached documents shall assess and request
be refused if
and the conditions are not fulfilled) referred to in section 20 (2). 1 and 3, or
b) finds that the person requesting mediation, adoption or
foster care of a child with a habitual residence in the Czech Republic, meets the
the condition of residence on the territory of the Czech Republic pursuant to section 20 (2). 1, but its
habitual residence is located outside the territory of the Czech Republic; at the same time her
that request must be submitted to the competent authority of the State in which the
habitual residence.
(4) the local authority municipalities with extended competence leads file documentation
about the child referred to in article 19a, paragraph. 1; the documentation contains documental
and) personal data,
(b) the proof of citizenship) ^ 21), a permanent residence permit on
the territory of the Czech Republic or the message to stay on the territory of the Czech Republic
for at least 90 days under special legislation "^ 1a)
governing the stay of foreigners on the territory of the Czech Republic or the
permission to permanently reside in the territory of the Czech Republic under the Special
the legal regulation of the ^ 2) or proof of submission of the application for the initiation of
the granting of international protection,
(c) the social circumstances) data on the child, his parents, brothers and sisters,
where appropriate, the grandparents,
d) proof that the child meets the conditions for adoption,
(e) the competent authorities of the decision), the upbringing of the child, it was granted,
(f)) report on the health and development of children.
(5) Municipal Office municipality with extended competence leads file documentation
of the applicant; the documentation contains documental
and an application) are contained in the applicant's personal data, which are
name, where applicable, the name, surname, date of birth, and place of permanent
the stay;
(b)), proof of citizenship or a permanent residence permit on
the territory of the Czech Republic or a continuous transitional stay in the territory of
The Czech Republic for at least 365 days according to a special legal
^ 1a) Regulation governing the stay of foreigners on the territory of the Czech Republic;
If it is a citizen of the European Union, it is possible the applicant should also
submission of other evidence, on the basis of which it can be demonstrated that this
the applicant resides continuously in the territory of the Czech Republic for at least
365 days, unless the alien, which shows entitlement to social benefits from
the regulation directly applicable European Union ^ 57);
(c)) extracts from criminal records ^ 23) requested the municipal authority municipality with
extended jurisdiction; applications for the issue of a copy of the records of the register
criminal records and a copy of the criminal record shall be transmitted in electronic
the form and manner that allows remote access;
(d) a copy of a document similar to the) criminal records issued in the States,
in which the applicant has resided continuously for more than 3 months at the time of the
the completion of the fifteenth year of age to the submission of the application; the provisions of section 27.
3 shall apply mutatis mutandis;
(e) report on the State of health) submitted by the applicant;
f) data on the economic and social circumstances;
g) written statement by the applicant whether
1. agrees that after the expiry of the period referred to in section 22, paragraph. 8 (a).
(b)) was also included in the register Office for the intermediation of adoption of children
from abroad,
2. calls for the adoption of a child solely from abroad;
h) written consent to the organ of the social and legal protection
the intermediary of adoption or foster care is authorized to
1. check for other data necessary for mediation, in particular,
whether the way of life the applicant will provide suitable educational
environment,
2. at any time to determine whether there has been a change in the operative events
listed in the file documentation;
I) written consent for participation in the preparation of individuals for the adoption of a child
to the family;
j.) opinion of the local authority municipalities with expanded authority to request
intermediation of adoption or foster care;
to the local authority) Regional Office, authorized person or
Municipal Office municipality with extended powers, which is not competent to
management of file documentation for the applicant, if the applicant has concluded with them
the agreement on the performance of foster care, because it already has entrusted the child to
foster care.
(6) Municipal Office municipality with extended powers follows a copy of the file
documentation of the child referred to in § 19a, paragraph. 1 and the file documentation
the applicant shall immediately to the District Office.
(7) the local authority municipalities with extended competence decides to stop
the procedure for inclusion in the register of applicants for adoption or mediation
foster care, if the person who requested the mediation,
and take back their request) before forwarding the file documentation
the regional authority, or
(b)) or to challenge local authority municipalities with extended competence to communicate
data and submits the necessary documents for the conduct of the file documentation.
section 22
The keeping of registers for the intermediation of adoption and foster care of the regional
Office
(1) the Regional Office for the purposes of mediation leads the adoption or
foster care records of children referred to in article 19a, paragraph. 1 (hereinafter referred to as
"the evidence of children") and registration of suitable applicants to become adoptive parents or
guardians (hereinafter referred to as "evidence of the applicants").
(2) the registration of children contains
and a copy of the documents referred to in the filing) 13.3;
(b)), pursuant to section 27 of the assessment, if it should be with regard to the
1. the age of the child,
2. the opinion of a specialist, or
3. Another serious fact;
(c) the child's) secured by the regional authority (section 8, paragraph 2);
(d)) the other documents necessary for the mediation of the adoption or foster
care.
(3) the registration of applicants contains
and a copy of the documents referred to in the filing) § 21. 5,
(b)), pursuant to section 27 of the assessment,
(c)) the other documents necessary for the mediation of the adoption or foster
care.
(4) If the applicant wishes to adopt a child from abroad exclusively [section 21 (5)
(a). (g)) 2] point, the regional authority performs professional assessment according to § 27 a
shall immediately send a copy of the information contained in the records of applicants to
the inclusion in the register for the intermediation of adoption from abroad.
(5) the regional office management for the inclusion of the applicant in the register of applicants for
intermediation of adoption or foster care
and,) if the applicant or his spouse, companion,
the child or any other person constituting a common household with the applicant ^ 9b)
criminal proceedings have been instituted for an offence against life, health,
freedom, human dignity, moral development or equity of the child, or
for a different offence, which may have an impact on the eligibility
the applicant to the proper upbringing of a child, and it's up to the final decision
in the criminal proceedings,
(b)) may break if it is on the side of the applicant the reasons for defending his
vocational assessment in accordance with section 27, and on as long as necessary.
(6) the regional authority decides on the inclusion of the applicant in the register of applicants
immediately after the professional assessment of the applicant in accordance with section 27. If the County
Office in the course of the proceedings it finds compelling reasons for which the applicant cannot be
to include in the register of applicants may decide to reject the application and
before the applicant's expertise in the range specified in §
27. In the decision on the inclusion of the applicant in the register of applicants Regional Office
provides for the applicant to notify the regional authority of any changes
applicable to the mediation of adoption or foster care within 15 days
from the date of their creation.
(7) the regional office shall notify the applicant, whether he was included in the register of applicants,
and the municipal authority) municipality with extended powers,
(b)), the Office of the Municipal Office of the municipal municipality with extended powers,
the regional authority or authorized person with whom the applicant has entered into an agreement on the
the performance of foster care, with the exception of the case when the applicant has entered into an agreement
with the regional authority, which decided on the inclusion of the applicant in the register
the applicants,
and it within 15 days from the date of the entry into force of the decision on the inclusion in the
the evidence of the applicants.
(8) if the regional office nezprostředkuje adoption
and) to 6 calendar months from the date of the inclusion of the child to the registration of children,
or
(b)) within 3 years from the date of acquisition of the decision on the classification of the applicant
to the evidence of applicants,
make available information from these records Office adoption for mediation
in relation to a foreign country and shall simultaneously send notice of these facts
Municipal Office municipality with extended competence.
(9) the Provincial Authority shall
and pursuant to paragraph 8 (a)). and) only if it is from all the circumstances of the
clearly, the child cannot convey the foster care or adoption in
The Czech Republic, or it cannot be assumed that in the future could
take a child to the care of the child or the person related to him nearby; These
the fact is, the regional authority shall justify, or
(b) pursuant to paragraph 8 (a)). (b)), only if the applicant expressed
consent pursuant to § 21. 5 (a). (g)), point 1.
(10) the regional office may determine at any time when the child is kept in
the registration of children or the applicant included in the evidence of the applicants, whether or not to
change the grounds for adoption or mediation
foster care, in particular, is entitled to make a new expert assessment
of the child or the applicant in accordance with section 27.
section 23
cancelled
section 24
Intermediation of adoption or foster care of a regional authority
(1) for the purposes of mediation, adoption or foster care searches
Regional Office for children, led by the regional office in the registration of the applicant
from the evidence of the applicants led by this regional authority and from the evidence of the applicants
led by other regional authorities. Regional Office for mediation
adoption or foster care shall take into account the results of the expert assessment
of the child and of the applicants under section 27, to evaluate the situation of the child and its
the family and the fulfilment of the measures arising from the individual protection plan
of the child.
(2) where a regional office that it kept records of the applicants or, in
the registration of applicants, which leads other regional office, is listed by the applicant
suitable to become an adoptive parent or foster parent of the child, which is in the records
the children, led by this regional authority, shall notify in writing of this fact
and the applicant)
(b)) other regional authority, the municipal office municipality with extended competence
or authorized person, if the applicant has entered into an agreement with them about the performance of
foster care, because it already has entrusted the child to foster care,
(c)) the Office, in the case of a child who is in the registration of children led by the authority,
d) municipal municipality with extended powers, if this obligation is not
notification in accordance with point (b) are met.)
(3) On the basis of the written notification of the regional office referred to in paragraph 2
(a). and) applicant has the right to get acquainted with the child and the one in which the child
is located, is obliged to allow this. The applicant has the opportunity to meet
with the child and the Court on the transfer of the child to the care of the future
the adopter, the child custody before the adoption or custody
the child in the předpěstounské care, not later than 30 days from the day on which it was
received written notification of the regional office referred to in paragraph 2; This time limit
the regional authority may in justified cases extended, but not more than about
30 days.
(4) the regional office can give suggestions to the adoption or mediation
foster care, even in cases when it comes to children, who are in the
the children, led by the regional authority or other authority; the other regional office
or Office are required to deal with these initiatives.
§ 24a
cancelled
section 24b
Interruption of mediation of adoption or foster care of a regional authority
(1) the mediation of adoption or foster care shall be interrupted, if
and the applicant, in writing, of such), interrupt request, and after a period of time, which in
the application marks, or
(b)) the applicant was the regional authority under section 24, paragraph. 2 notified in writing,
that the child is in the registration of children, for which it is appropriate to an adoptive parent or
foster parent, and for the period from the date of dispatch of the said written notification
the date on which it takes mediation of the regional authority under section 24, paragraph.
3, or up to the date when the decision on child custody pursuant
subparagraph (c)), or
(c)) on the basis of the Court's decision was passed into the care of the child of the future
adopters, entrusted to the care of before the adoption or předpěstounské care,
and for the duration of this care, or
(d)), the regional authority at the time when the applicant provides adoption or
foster care under section 24, in section 22, paragraph. 10 serious
the fact that they are an obstacle to the adoption of mediation or
foster care.
(2) the suspension of mediation, adoption or foster care by
paragraph 1 (b). (d) the regional office shall issue a decision). Break time
intermediation of adoption or foster care, not to time limits
referred to in section 22, paragraph. 8.
(3) the applicant must in the application referred to in paragraph 1 (b). and)
the reason for requesting the suspension of intercountry adoption or mediation
foster care. The applicant sends the application to the regional office. In the case of
interruption of the mediation of the adoption or foster care shall notify the County
the Office of the municipal authority of this fact municipality with extended competence and the
The Office, in the case of the applicant, led by the Office, within a period of 15 days from the date of
submission of the application, or from the date of entry into force of the decision on interruption
intermediation of adoption or foster care.
(4) the date of entry into force of a court decision on the transfer of the child to the care of
the future of the adoptive parent, child custody or before the adoption of the
custody of the child to the předpěstounské care is required for the purposes of interruption
intermediation of adoption or foster care shall immediately notify the
and) Municipal Office municipality with extended competence of the regional office,
(b)), the regional authority shall, without delay after this date, when he told the local authority
municipalities with extended competence, Authority, or if the children are guided by the applicants
in the records of the Office.
§ 24 c
Removal from the register of the children or the registration of applicants conducted by the regional authority
(1) Regional Office
and discards the child from him) led the evidence of children
1. on the basis of the decision on the adoption or custody of the child to the foster
care, or
2. If serious reasons for which cannot convey the child
adoption or foster care,
(b) excludes the applicant from it) led by the evidence of the applicants
1. on the basis of the decision on the adoption or custody of the child to the foster
care, if the applicant does not request the adoption or custody of another child of the
the next child in foster care,
2. If serious reasons for which the applicant cannot convey
adoption or foster care,
3. If the applicant fails in a serious obligation to communicate changes in the
the data relevant for the intermediation of adoption or foster care,
or
4. If so requested by the applicant,
(c)) of the applicant may exclude the evidence led by the applicants, if
without a serious reason not participate in preparations for the adoption of the child in the family, and
When he was preparing to attend the invited.
(2) the disposal of the applicant from the evidence of the applicants shall issue Regional Office
the decision only in the cases referred to in paragraph 1 (b). (b)), paragraphs 2 and 3
and (b) of paragraph 1. c). in other cases, the Regional Office of the applicants
disposal of records in writing.
(3) the regional office shall, within 15 days from the date of the entry into force of the decision
on the disposal of the applicant from the evidence of the applicants notice of this disposal
Municipal Office municipality with extended powers, another regional office,
Municipal Office or authorized person referred to in § 21. 5 (a). k).
(4) the date of entry into force of the decision on the adoption or custody
the child in foster care is the municipal office municipality with extended competence
shall, for the purposes of the registration of the disposal of the applicant to notify the regional authority.
§ 24d
When the mediation procedure the Ministry of adoption or foster care
(1) the Department is authorized to submit suggestions to the District Office and the Office of the
for adoption and foster care; Regional Office or the Office of
is obliged to inform the Ministry about it, as with the stimulus.
(2) Regional Office is obliged to allow the Ministry to check the
access to the children or the registration of applicants for mediation
adoption and foster care.
§ 25
Mediation of the adoption Authority
(1) the Office shall keep a register for the purposes of mediation, adoption
and children referred to in section) 2 (2). 2 suitable for adoption in a foreign country,
(b) the children suitable for adoption) in the Czech Republic, which are not on the territory of the
The Czech Republic permanent residency or are not reported to stay on
the territory of the Czech Republic for at least 90 days under the special rule
^ 1a) Regulation governing the stay of foreigners on the territory of the Czech Republic or
are not authorized by special legislation ^ 2) permanently reside
on the territory of the Czech Republic,
(c)) of the applicants the appropriate become adoptive parents of children referred to in subparagraph (b)),
d) natural persons suitable to become adoptive parents of children referred to in subparagraph (a)
and), if these persons have in the territory of the Czech Republic enabled permanent
stay, those not staying temporarily in the territory of the Czech Republic after a 24-hour
period of at least 365 days under special legislation "^ 1a)
governing the stay of foreigners on the territory of the Czech Republic or not about
the alien, which shows entitlement to social benefits of directly applicable
Regulation of the European Union ^ 57).
(2) Children referred to
and in paragraph 1 (a)). and) are kept in the register on the basis of the notification
Regional Office (section 22, paragraph 8),
(b) in paragraph 1 (a)). (b)) are added to the register on the basis of the
notification of the State authorities of the Czech Republic or State authorities, or
other foreign State organizations duly mandated in your State performance
the obligations in international adoption. These authorities or organizations
The Office announces the inclusion of a child referred to in paragraph 1 (b). (b)) to the
the registration of.
(3) the applicants referred to in paragraph 1 (b). (c)) and natural persons referred to in
paragraph 1 (b). (d)) are included in the register on the basis of the decision of the
The Office. In the register cannot be classified a person suitable to become an adoptive parent children
referred to in paragraph 1 (b). (b)), although if it meets the condition of stay
on the territory of the Czech Republic pursuant to section 20 (2). 1, but its usual
the residence is shown to be located outside the territory of the Czech Republic.
(4) the Office of registration
and the child, or the applicant) the person referred to in paragraph 1 (b). (d)), if the
adoption of mediation, and that the date of the decision on adoption;
(b) the applicant or person) referred to in paragraph 1 (b). (d)),
1. If serious reasons for which cannot convey the adoption,
2. If the applicant or the person referred to as the obligation to
information applicable to this register, or
3. If requested by the applicant or the person;
(c)) child, if requested by that authority or organization referred to in paragraph 2
(a). (b)).
(5) the Office shall issue a decision on the removal from the register only in the cases of applicants
and of the persons referred to in paragraph 1 (b). (d)), unless the removal from the register
Therefore, it was decided that adoption. The authority shall be forwarded to the Regional Office
a decision on the disposal of applicants and the persons referred to in paragraph 1 (b). (d));
notice of disposal of a child referred to in paragraph 1 (b). (b) be sent to the Office)
institutions or organizations referred to in paragraph 2 (a). (b)) and the regional
the Office.
(6) for the keeping of records with respect to a child referred to in paragraph 1 (b). and)
or, in the case of a person referred to in paragraph 1 (b). (c)), shall apply mutatis mutandis to section
22 paragraph 1(b). 2, 3, 6 and 10.
(7) the adoption of mediation breaks after the period referred to in section 24b, paragraph.
1, if the children are kept in the register of children
intermediation of adoption abroad or register children appropriate to the
adoption in the Czech Republic [paragraph 1 (a) and (b)))], or if the
the applicant referred to in paragraph 1 (b). (c)).
(8) For the purposes of the Registration Authority is the regional office shall be obliged to
and at the request of the Office to find out) the necessary information and complete the file
documentation of child suitable for adoption in a foreign country, or of the applicant,
suitable to become an adoptive parent of a child from abroad,
(b) to investigate, at the request of the authority), the ratios in which the child lives, in the case of a child,
that was osvojeno in the Czech Republic on the basis of mediation
adoption from abroad or from abroad is to be osvojeno and is located in
The Czech Republic, in the care of future adoptive parents,
(c) immediately inform the Office of the date) the entry into force of the decision on
adoption of a child.
(9) the adoption of a child abroad, the Office is required to notify
and the municipal authority) municipality with extended powers,
(b) to the competent authority referred to in the registry) a specific legal
^ Regulation 23a)
(c) the regional office), on the basis of the notification of the Office to register the child
ranked.
section 26
Mediation Office for adoption, in the case of adoption in the Czech
Republic, apply section 24 paragraph. 1 and 3 apply mutatis mutandis.
section 27 of the
Technical assessment for the purposes of mediation, adoption and foster care
(1) the assessment for the intermediation of adoption and foster care
includes
and an assessment of the child and the applicant) in accordance with paragraph 2,
(b) preparations for the adoption of) the return of the child to the family, including the Special
preparations for the adoption of a child to a foster parent for a transitional period (section 11 (2)),
(c) the children of the applicant to) the adoption of the adopted child or the child's
svěřovaného to foster care in the family, if such expression
able to with regard to their age and intellectual maturity,
(d)) assessment of children living in the home of the applicant taken
the child in the family,
(e) the findings of the integrity of the applicant), by his spouse, partner, child and alia
persons forming a common household with the applicant; for integrity, for the
these purposes shall not be the one who has been convicted of an offence,
heading against the life, health, freedom, human dignity,
moral development or wealth of the child, or for a different offence, the
committing may affect the eligibility of the applicant to the proper upbringing of the child,
(f)) for applicants for inclusion in the register of persons suitable for performance of foster
care for a transitional period the assessment of the ability to care for children in need
Special care and the ability to collaborate with the parents of these children.
(2) for the purposes of mediation, adoption and foster care
and for children)
1. assessing the level of physical and mental development of the child, including its
the specific needs and rights, social environment from which the child
comes from, as well as his statusová rights, and ethnic, religious and cultural
the environment of the child,
2. assessing the suitability of alternative family care and its forms;
(b)) for applicants be assessed characteristics of personality, mental state,
the State of health, which includes an assessment of whether the applicant's State of health of the
in terms of mental, physical and sensory does not prevent long-term care
the child, a prerequisite raise a child, the motivation that led to the request for
adoption of a child or to his custody to foster care, stability
the marital relationship and in the family environment, social environment, especially
housing and the household, ethnic, religious, and cultural environment of the applicant,
where appropriate, additional grounds for the adoption of a child or his or her
commit to foster care.
Assessment of the regional office within 30 days from the date of the findings of all
the necessary facts.
(3) for the purpose of detecting integrity referred to in paragraph 1 (b). (e)) the Authority's
the socio-legal protection of requests under special legislation ^ 28a)
a copy of the register of criminal records or similar copy of the registration document
Criminal records issued in the States in which the applicant, its
husband, kind of, a child and another person forming a common household with the applicant
extended stay continuously for more than 3 months at the time of the completion of the fifteenth
the year of age to the submission of the application; These documents must not be older than 3
of the month. In the event that a foreign State, a copy of the criminal record or equivalent
the document does not make it to the applicant, refusing to issue or its measures
associated with hard překonatelnou barrier, the applicant can document such
State to replace its affidavit. Request for a copy of the registration
Criminal records and a copy of the register of criminal records shall be transmitted in
electronic form, in a manner enabling remote access.
(4) the Expert assessment performed by the regional authority, in the case of children or
the applicant, which refers to the evidence of the children or of the applicants, and the regional authority
prior to the inclusion of such evidence, or who are in the registration of children
or in the register of applicants conducted by the regional authority.
(5) the regional office is entitled to invite the applicant, and of the natural persons referred to in
§ 25 paragraph. 1 (a). (d)) to the personal negotiations in order to assess their
assumptions and facts for custody of the child. Regional Office
while collaborating with the municipal authorities of municipalities with extended powers,
communities, providers of health services and educational facilities and
other specialized devices, authorized persons and experts for
the issues of education and child care.
(6) employees of the County inclusion in the regional office may, for the purpose of
preparation of documents for the assessment referred to in paragraph 2 to visit the child
or invite a child to act, if it is proportionate to its age and abilities.
Legal or natural person, where the child is located, are required to
This visit, the child's participation in the negotiations, and an assessment of the child
allow.
(7) for the processing of the expression of regional authority under section 18 applies to paragraph
2 to 6 apply mutatis mutandis.
(8) for the purposes of the appeal proceedings is entitled to carry out the new Ministry
professional assessment of the applicant.
THE HEAD OF THE
FOSTER CARE FOR A TRANSITIONAL PERIOD
§ 27a
(1) the Regional Office for the purposes of providing foster care for the child on the
transitional period of the registration of persons, which can foster care after
a transitional period of exercise. The registration of a person to be classified on the basis of
the application, filed with the municipal office municipality with extended powers. Municipal
Office of the municipality with extended competence must complete the request for
the particulars and documents referred to in paragraph 3 shall immediately refer the request
the regional authority.
(2) The registration of persons who may perform foster care after
transitional period, includes persons who, on the basis of vocational
the assessment of the conditions for such performance to have custody of the child, and in particular of the
the perspective of cyclical problems such care and care of the child shortly after his
the birth of.
(3) the register contains
and) the applicant's personal data referred to in § 21. 5 (a). and)
(b)) the documents specified in § 21. 5 (a). (b) to (f))) and (i)),
c) written consent to that regional office is entitled, at any time
1. check for additional information required for inclusion in the register of persons
can perform foster care after a transitional period,
2. to determine whether there has been a change in the facts referred to in the application,
(d)) the opinion of the local authority municipalities with expanded authority to request
the inclusion of the applicant in the register,
(e)) copy of the administrative decision under section 47b designating the legal power
or a copy of the agreement on the performance of foster care under section 47b,
(f)) and the number of data on the characteristics of the children, that is the person in the register
able to provide foster care for a transitional period.
(4) the applicant's assessment is carried out on the basis of the applications submitted by
in accordance with paragraph 3; for a professional assessment of the applicant applies, mutatis mutandis, to section 27.
(5) the regional office shall decide on the inclusion of the applicant in the register referred to in
paragraph 1 and of its removal from the register, or that the applicant in the
This evidence was not included. A copy of the decision referred to in the previous sentence
shall send to the Regional Office of the municipal office municipality with extended competence. About
keeping of the record on the inclusion of the applicant in the register and on its disposal applies
sections 22 to 24 c mutatis mutandis.
(6) the regional office a copy of the list shall transmit to the persons included in the register of persons
that may, for a transitional period to carry out foster care, including
the data referred to in paragraph 3, the municipal authorities of municipalities with extended
competence in your area. The regional authority is obliged to this
list without delay to complement the changes in the register
referred to in paragraph 1 took place, and this addition to communicate also referred to the municipal
the authorities of municipalities with extended powers.
(7) the Court may, on a proposal from the authority of the social and legal protection to entrust the child to the
foster care on a temporary basis persons in the register and on the
and) the time that a parent cannot for serious reasons the child to raise,
(b)) the time after which the mother may give consent to the adoption, or after
the parent may consent to the adoption of a child appeal, or
(c)) until the entry into force of a court decision to the effect that the consent of the
parents to adoption is not required.
(8) if the child Was entrusted into foster care referred to in paragraph 7, the Court is
shall at least once every 3 months to examine whether the reasons for which the
the child entrusted into foster care, still persist. To this end,
requires in particular the competent authority report on the socio-legal protection.
The Court decides on the upbringing of the child always fall away if the reasons for which it was
the child entrusted into foster care referred to in paragraph 7.
(9) the foster care for a transitional period may last for a maximum of 1 year. It
do not apply if you are in the foster care of the same foster parent svěřeni
the child's siblings, who were in the care of svěřeni later, but not on the
period longer than you want the last foster care, according to the first sentence in
the siblings, who had been in foster care for a transitional period to the same
pěstounovi attributed to the last.
TITLE VI OF THE
CONSTITUTIONAL EDUCATION AND PROTECTIVE EDUCATION
section 28
After the decision of the Court on the constitutional regulation of education of municipal office
municipalities with extended competence shall negotiate a time and place for the adoption of a child to
appropriate facilities for the exercise of institutional care, which is marked in the
the decision of the Court; in doing so, it shall invite the parents or other individuals responsible
for the education of the child, to a child within the deadline passed the designated
device, or with their consent, may secure the location itself.
If, after the decision of the Court on the constitutional regulation of education
necessary to move a child from a facility for children in need of immediate
help arrange the local authority municipalities with extended competence for the adoption of
the child in the facility for the performance of institutional care, which is marked in the
the Court's decision. The movement of the child shall ensure the appropriate facilities for the exercise of
constitutional education in collaboration with the facility for children in need
immediate assistance, where the child is located. Fails-if the parents or
other natural persons responsible for the upbringing of the child, the Court's decision shall
Municipal Office municipality with extended competence court performance
decision. ^ 24)
section 29
Monitoring the performance of constitutional education and protective education
(1) the local authority municipalities with expanded authority monitors the compliance with the rights of the
the child in school facilities for institutional upbringing and protective
education ^ 26) in homes for persons with disabilities and in children's
homes for children up to 3 years of age ^ 28), and similar institutions
(devices), where the specific legal provisions that have been set up
legal or natural persons (hereinafter referred to as "institutional facilities");
monitors in particular, the development of mental and physical ability of children, whether
There are grounds for a stay of the child in the constitutional device, figuring out how to
develop relationships between children and their parents. Municipal Office municipality with
extended powers to ensure that they were in the constitutional device
siblings are placed together.
(2) an employee of municipalities with extended powers included in the municipal office
is obliged to
and at least once) for 3 months to visit the child, which was enacted by the
constitutional education or protective education, is stored
(b)) at least once every 3 months to visit the parents of the child, which was
ordered or imposed protective constitutional education education
(c)) to visit the child referred to in section 10a of the paragraph. 1 immediately after the
It learns, and according to the needs of the child,
on the basis of a special permission issued by the municipal office municipality with
extended powers, in which the name, where applicable, the names and
the employee's last name, title, employer, and defined activities, which
can the employee perform.
(3) a staff member municipalities with extended competence included in the municipal office
is hereby authorized to speak with the child without the presence of other persons, in particular
the staff of the constitutional device, and has the right of access to the documentation,
the constitutional device of a child leads.
(4) where a staff member municipalities with extended competence included in the
the municipal authority that the constitutional device had breached the obligations arising from the
This Act or special legislation is required this
immediately notify the municipal office municipality with extended
and the founders of this constitutional device, where appropriate, to the authority,
that is precisely the superior, and the Court, which ordered the constitutional education
or imposed protective education; This does not affect the obligation resulting
from special legislation. ^ 6)
(5) If the staff member municipalities with extended competence included in the
local authority announced the breach of the constitutional device monitors
the competent municipal office municipality with extended powers, whether there has been
the deficiencies found, and acts for the adoption of the necessary
measures to remedy the situation.
(6) constitutional devices are required to
and staff) to provide municipalities with extended competence so
Municipal Office municipality with extended competence approach into the constitutional
equipment and to provide the necessary documents, records or reports
relating to the child and his parents, if the constitutional device has to
available,
(b) to allow the contact employee) municipalities with extended competence listed in
the Municipal Office of the municipality with extended competence with the baby, which was
ordered or imposed protective constitutional education education
(c) immediately notify the municipal office) municipalities with extended competence
the children that come into consideration as appropriate for adoption or custody
to foster care,
(d) send without delay a written submission) of the child addressed to the Court, the municipal
Office of the municipality with extended powers, another State authority or
the authorised person without checking its contents,
(e) to request the written consent of) Municipal Office municipality with extended
responsibilities to the child pursuant to section 30,
(f)) to inform the local authority of the municipality with extended competence of the impending
the release of the child from the constitutional device
g) to inform the local authority of the municipality with extended competence and the Court
child ordered the constitutional education or imposed protective education, on the run
a child from the constitutional establishment and relocation of the child to another constitutional
the device.
(7) the constitutional device referred to in paragraph 1 may also visit
an employee of the County included within the regional office, or employee of the State
qualified to work in the Ministry. For the employees of the County
included in the regional office, or employee of the State included to
the performance of the work in the Ministry shall apply mutatis mutandis to paragraph 3 to 6 and for the
the obligation to have special permission to visit the constitutional device applies
Similarly, paragraph 2. Permissions issues, if the employees of the County
included in the regional office, regional office, and if the employee
the State qualified to work in the Ministry, Ministry of.
section 30
The stay of the child outside the Institute
(1) the Director of the constitutional device may only after prior written consent
local authority municipality with extended powers to enable the child who is in the
the constitutional device placed on the basis of the decision of the Court, staying with parents
If appropriate, other individuals, and that no more than 30 calendar
the days when the first stay of these persons. This time, with the exception of cases, when
on the basis of a court decision imposed protective education, can be
extended, if the stay of such persons, on the basis of the written
the consent of the municipal office municipality with extended powers.
(2) the written consent of the local authority municipalities with extended competence according to
paragraph 1 shall include the determination of the persons for which the child will reside, the length of the
the child outside of the Institute, to which the consent is issued by, and the place of residence
of the child.
(3) when issuing a written consent to the residents of the child outside the Institute according to
paragraph 1 of the municipal office municipality with extended competence shall take into account, in particular, to the
the family and social environment in which the child will reside, and
individual child protection plan if it is processed. In the case of a stay
the child with other natural persons than the parents, grandparents or siblings,
assesses their integrity under section 27. 1 (a). e). For the purposes of
the issue of consent may municipal office municipality with extended powers to ask the
the regional authority of the professional assessment of the physical persons, other than parents, for which
the child has to stay. For the professional assessment of section 27 applies mutatis mutandis. For the purpose of
proof of the integrity of such persons may's municipal office municipality with
extended powers to request under special legislation ^ 28a)
extract from the criminal register; the fact that the requested statement of
criminal records, that person shall notify without undue delay.
The request for the release of the statement and the statement of criminal records shall be transmitted
in electronic form, in a manner enabling remote access.
(4) the regional office is obliged to support the assessment of other natural persons referred to in
paragraph 3 to be made.
(5) if the place of residence of the child different from the place of permanent residence
the parents or other individuals, for which the child is to reside, the municipal
the Office of the shtetls to issue the written consent referred to in paragraph
1 on the basis of the expression of another competent municipal office municipality with
extended jurisdiction [§ 61, paragraph 3, point (b) (c))].
TITLE VII
CARE FOR CHILDREN IN NEED OF SPECIAL ATTENTION
section 31
(1) child care referred to in section 6 is to provide assistance in the
overcoming the adverse social conditions and educational influences, with
to enable them to integration into society, including the integration
of the work.
(2) child care referred to in particular in section 6 (a). (c)), and (d)) is the municipal authority
municipalities with extended competence ensured through social
kurately for children and youth (hereinafter referred to as the "social kuratela"); social
kuratela lies in the implementation of measures aimed at the removal,
reduce or avoid deepening or repeat disorders of psychological,
the physical and social development of the child.
(3) the social guardian appointed a curator performs for children and youth, which is
an employee of the municipality with extended competence in local authority
the municipality with extended competence. Curator for the children and youth in the performance
social kurately shows a special permission issued by the municipal authority
the municipality with extended competence. Special permission must include the name,
where appropriate, the name and surname of a curator, title, designation of the employer and
the definition of activities that might be carried.
§ 32
(1) the local authority when caring for children listed in section 6
and) focuses on the use of free time, these children,
(b)) focuses on children seeking contacts with physical
persons or groups of persons enjoying alcoholic beverages or
addictive substances or páchajícími criminal activity,
c) monitors for children expressions of intolerance and violence,
d) pays attention to children from families with low social levels,
e) prevents the penetration of adverse social and educational influences between the
other groups of children,
f) offers programs for children to use their free time taking into account the interests of the
children and their capabilities
g) cooperates with schools, authorized persons, associations and interest
other bodies.
(2) the local authority municipalities with extended competence in the care of the children referred to in
§ 6
and acts against the repeated failures) in the conduct and behaviour of children with
paying special attention to the perpetrators of the crime,
(b)) notes on the need for regional authorities to assist children who had left
school, in getting the options continue in preparation for the next
professions, in particular with respect to children released from institutional care, protective
education or imprisonment,
c) cooperates with the regional branches of the Office work in mediation
a suitable job for these children,
(d)) regulates the care of these children under the care of the troubled group
the children processed by State authorities, municipalities, authorized persons and other
legal and natural persons,
e) helps children overcome problems that may lead to negative
manifestations in their behavior.
(3) the employees of the municipality with extended competence inclusion in local authority
and employees of the municipality of inclusion in the municipal office in the care of the children referred to in
§ 6
and) are in personal contact with the child, his parents or the persons responsible
for his education,
(b)) shall elect the action on children resources to effectively act on children
According to the type and nature of the disorder in the child's behavior and its social
the position,
(c)) addresses the problems of the child, if appropriate, in an environment where the child
usually resides.
(4) Social kuratela focuses in particular on the
and analysing the situation in the area) socially pathological phenomena among children and
Youth and proposing preventive measures,
(b) participation in misdemeanor proceedings) against a juvenile in accordance with
the Act on offences, criminal proceedings against a juvenile and
proceedings for offences otherwise penalty in children under the age of 15 years under the Special
^ Law 29),
(c)) visits the children of the orphanage because of serious
educational problems of children with imposed protective care, children detained
and in the performance of the judicial measures involving deprivation of liberty and also of parents
of these children,
(d) cooperation with the relevant Centre) of the probation and mediation service, and it
in particular, in determining the circumstances of the young person for the purpose of criminal proceedings, and
in children under 15 years of age for the purposes of criminal proceedings for acts otherwise, and when
performance measures the child or a juvenile under the Special
^ Law 29),
e) help children referred to in subparagraph (c)) after the release of the trade or
constitutional education and after release from the performance of the judicial measures involving deprivation of
freedom to act to restore the impaired social relationships,
their integration into the family and social environment and to prevent
repetition of unlawful activity
(f) ensure follow-up care for children) referred to in point (a) (c)) and when you reach the
the age of majority, in particular if there is an extension of the institutional or protective
of education; while ensuring the follow-up care is the curator for children and youth
shall be obliged to cooperate in particular with the municipalities in separate and carried over
the scope of the Regional Branch Office, with work, with the providers of social
services and facilities for the performance of the institutional and protective education.
section 33
(1) the authority of the socio-legal protection of competent according to the law on the
the judicial system in matters of youth ^ 29) is the local authority of the municipality with extended
scope.
(2) the authority of the socio-legal protection of competent according to the law on the
^ offences 31), is the municipal office municipality with extended competence. oral
negotiations for the offence, if the accused is a juvenile, is obliged to participate in the
employee municipalities with extended competence included in this municipal
the Office.
§ 34
(1) Municipal Office municipality with extended competence shall cooperate with the
prisons ^ 32) in the solution of social and educational problems of children
referred to in section 6.
(2) the local authority municipalities with extended competence at the request of the expressed
under special legislation ^ 33)
and) to the form and content of the preparation of the child for the future of the profession of zabezpečovaného
the prison,
(b)) that is for the benefit of the child, that the sentenced or accused a woman in
prison, and
(c) to extend the period of interruption) of imprisonment sentenced
the woman, if the reason is a visit to the child.
(3) a staff member municipalities with extended competence included in the municipal office
shall at least once every 3 months to visit the child,
and that is in power) links or in imprisonment, and
to discuss with him the possibility of a job or training for the future
occupation or employment after their detention or prison sentence
freedom,
(b)) which takes care in the prison sentenced or accused woman.
(4) Employee municipalities with extended competence included in the municipal office
municipalities with extended competence is when visiting a prison shall be entitled to
consult the documentation relating to the preparation of the convicted person
the young person on the future of the profession, to the baby, which cherishes in prison
the sentenced or accused the woman, and to care for the child of this woman.
(5) the prison ^ 32) are required to ensure that the employees of the municipality with extended
the competencies listed in the Municipal Office of the access to the prison, allow
inspection of the documentation referred to in paragraph 4 and allow this contact
an employee with a child that is in custody or in prison
deprivation of liberty, and with the baby, which cherishes a woman in prison sentenced to
imprisonment or the woman in custody. The prison and the Constitution for the
the performance of security detention are obliged to inform the local authority of the commune with
extended powers of the onset of the child in the exercise of criminal action
deprivation of liberty or security of the Institute for the execution of detention, and about
When will the child in the exercise of criminal measures involving deprivation of liberty or the exercise of
security detention released. To visit the village with staff
extended powers to the municipal authority shall issue to the authority
the staff of the special permission, which is the name, or
name and surname of the employee and the employer and title defined activities,
You can engage.
TITLE VIII
THE SOCIO-LEGAL PROTECTION IN RELATION TO ABROAD
section 35
(1) the Office shall provide the socially-legal protection in relation to the foreign country, if the
and) children listed in section 2 (2). 2,
(b)) children who are citizens of the Czech Republic and are not on its territory
permanent residence,
c) children who are not citizens of the Czech Republic and are not on its territory
permanent residency or are not reported to stay on the territory of the Czech
of the Republic for a period of at least 90 days under special legislation "^ 1a)
governing the stay of foreigners on the territory of the Czech Republic or on its
the territory of the task at hand, if their parents or other persons having physical
maintenance obligation towards these children residing in the Czech Republic.
(2) in providing social and legal protection in relation to the overseas Office
and) performs the function of receiving and transmitting the authority and function of the
the central authority in the implementation of international treaties and for the purposes of
the Declaration of reciprocity pursuant to special legal regulation 33a) and perform ^ ^
additional obligations for the Czech Republic from international treaties
relating to the socio-legal protection of the child ^ ^ 34),
(b)) performs the function of guardian of the child,
(c)), from the relevant authorities, and other legal entities and natural
of persons at the request of parents living in the Czech Republic or the authorities
the socio-legal protection of messages about the circumstances of children who are citizens of the Czech
Republic and do not have a permanent residence on its territory,
(d)) provides the sending of personal documents and other documents abroad and
provides documents and other papers from abroad,
e) cooperates with State authorities or other organisations of foreign
State similar authority, if they are duly entrusted in its State to
the activities of the social and legal protection and, where appropriate, also with other
the authorities, institutions and legal persons,
(f)) in search of the child helps parents, if the parents or one of them
they live abroad, family members and persons of compulsory nutrition
Discover the estate and the Ministry for the determination of maintenance ratios,
facilitates the submission of proposals for the implementation of the security
maintenance obligations, and in particular the proposals on adjustment of maintenance
obligations, education, and the determination of paternity,
g) for the purposes of adoption in a foreign country, and for the purposes of adoption of a child from abroad
to determine the extent to which the social environment and in what family
the child lives,
(h)) perform the tasks arising from the adoption of mediation, and the acting with the
the competent authorities, natural and legal persons, if required
the performance of the duties arising from this Act for the Office,
I) gives consent to the adoption of a child abroad,
j) helps search for the family of a child who has made a request to the
on the granting of international protection, which was granted asylum or supplementary
protection under special legislation and on the territory of the Czech Republic
is unaccompanied by a person 18 years or older, which is responsible for the child
According to the legal regulations valid on the territory of the State whose citizenship the child has,
or in the event that the child is a person without citizenship, in the State of
his last residence ^ 34a).
to) works in matters of parental responsibility under the directly
the applicable regulation in the European Union ^ 34 c)
l) shall perform the functions of the central authority under the directly applicable regulation
The European Union ^ 58),
m) translations of documents necessary for the performance of the
the socio-legal protection under international treaties and directly applicable
the European Union legislation.
(3) the transfer or transmission of personal data by the Office to the other States,
does not require the authorisation of the authority for the protection of personal data in accordance with the Special
legislation. ^ 34b)
(4) for the performance of the Office in accordance with paragraph 2 (a). (f)) and l) are
the competent authorities and other natural and legal persons are obliged to provide
The Office, to the necessary extent the synergies within the
mutatis mutandis to the enforcement regulations of the cooperation of third parties ^ 59).
section 35a
Municipal Office municipality with extended competence shall be issued by the statutory representatives of the
of a child or other person responsible for the upbringing of the child for the purposes of
the application of the child to maintenance claims against the mandatory person living abroad
confirmation that the child is alive, and is in the care of the legal
representative or other person responsible for the upbringing of the child; a confirmation issued by
Municipal Office municipality with extended competence at the request of the legal representative.
section 36
Ensuring the return of the children residing abroad unaccompanied
(1) the Embassy of the Czech Republic is obliged to notify
and the municipal authority) municipality with extended powers, or
(b)) to the Ministry, if the place of residence of the child in the territory
The Czech Republic is known,
It is located on the territory of a foreign State of a child referred to in § 2 (2). 2 without
accompanied by their parents or other person responsible for the child, and to ensure the return of
the child in the territory of the Czech Republic; at the same time shall communicate, when, in what place and
who the child will be transported to the territory of the Czech Republic.
(2) Municipal Office municipality with extended competence is required to take the measures
necessary for the removal of the child and at the same time inform the issuing authority,
who the child will be on the territory of the Czech Republic to return borrowed; It may also
agree that the child will be taken abroad.
(3) Take the child when its return is required to
and the parent of a child) or other natural person responsible for the upbringing of the child;
If you are not able or willing to take the child, is the municipal
Office of the municipality with extended competence
(b) the relevant device) under special legislation for the adoption of
of the child on the run, ^ 35) in the case of a child, which was ordered by the constitutional
education or protective upbringing is stored.
(4) the costs related to the takeover of the child in the territory of the Czech Republic
shall be borne by
and a parent or other) of the natural person responsible for the upbringing of the child, which is
required to take the child,
(b)) the constitutional device referred to in paragraph 3 (b). (b)), or
c) Municipal Office municipality with extended powers in the event that the costs
not a parent, other person responsible for the upbringing of the child or the constitutional
facilities reimbursed. In these cases, the municipal office municipality with
extended powers to require the reimbursement of such costs after the above
persons or equipment.
(5) if the case referred to in paragraph 1 (b). (b)), the Ministry shall determine,
that the municipal authority municipality with extended competence shall take the measures referred to in
paragraphs 2 to 4.
TITLE IX OF THE
THE SOCIO-LEGAL PROTECTION IN SPECIAL CASES
§ 37
(1) the local authority is obliged to take precautions to protect life and health and
ensure the satisfaction of the basic needs in the inevitable scope, including
health services ^ 28) a child referred to in § 2 (2). 3, if
such a child without any care or if his life or beneficial
development seriously threatened or impaired.
(2) the measures referred to in paragraph 1 shall inform the authority without delay
Municipal Office municipality with extended powers, which is obliged to take further
the necessary measures to protect the child, and to realize, if it is
possible, of this fact without delay to the Embassy of the State of which the
child citizen; at the same time is obliged to discuss with him how the child
with the parents or other persons responsible for the child. Of the facts
referred to in the first sentence of the municipal office municipality with extended competence
inform the Office.
(3) the necessary measures that the local authority of the municipality with extended
powers shall take, in particular,
and submission of the proposal for a regulation) provisional measures, ^ 13)
(b) the submission of the proposal the provisions) of the custodian or guardian of the child,
(c) submission of proposal to the constitutional) raising a child, ^ 37)
(d) the placement of a child in the mediation) the asylum facility.
TITLE X
THE COMMISSION FOR THE SOCIAL AND LEGAL PROTECTION OF CHILDREN AND THE ADVISORY COUNCILS
section 38
(1) the Mayor of the municipality with extended competence is established as a special authority
the municipality of ^ 38) Commission for social and legal protection of children (hereinafter referred to as "the Commission").
(2) the Commission
and on the issue of credentials) Decides to execute the socially-legal protection (articles 48 and
49), if the legal or natural person asks only about the credentials to
the establishment of the equipment referred to in section 39, paragraph. 1 (a). (d)), and the withdrawal of this
credentials (section 50),
(b)) and examine the submitted proposed social preventive programs on
protection of abused, exploited and neglected children and ensures
discussion of individual cases, the tortured, abused and neglected
children in the Commission, with a view to proposing effective measures to help the child and
the family,
(c)) recommended measures that should be implemented in the area of
the protection of children against socio-pathological phenomena, and preparing programs
the care of troubled children,
(d)) at the request of Secretary of the local authority assesses each case
the implementation of the socio-legal protection and is issued to them, "opinion.
e) coordinates the performance of social and legal protection in the territory of the administrative circuit
municipalities with extended competence,
(f)) in the scope of their competence under letters) to (e)), organized by the case
the Conference.
(3) the Mayor of municipalities with extended powers the President appoints and replaces the
the Commission, its agents and other members of the Commission from among the members of a municipal
Councils and individuals that play a role in the socio-legal
protection, in particular youth workers, psychologists, medical
workers, representatives of the authorised persons (§ 48), civil associations,
the Church and the other legal or natural persons. The President of the Commission,
does not require proof of specific professional competence in the field of
the socio-legal protection of children. The Secretary-General of the Commission, the employee is the village with the
extended powers included in the Municipal Office of
social and legal protection.
(4) the Commission is able to act and adopt, if present, is the President of the
the Commission or its representative, and at least two other members of the Commission. The Commission, the
a majority of the members present at the meeting of the Commission. When the equality
the vote shall be decided by the voice of the President of the Commission, and the Chairman is not present,
his Deputy, a casting vote.
(5) to the meeting of the Commission may be invited as appropriate
and the child is) if appropriate to his age and ability, along with his parents
or other natural persons responsible for his upbringing;
(b)) a child's parents or other individuals responsible for the upbringing of the child;
(c)) the representative of the
1. a provider of health services, the school the child attends,
the school or the constitutional device or other device,
2. the employer of a child or legal persons with which the child
preparing for the future of the profession,
3. authorised persons
4. civic associations, churches, and other legal persons;
(d)) of the natural person, if they are
1. the founders of schools or other device referred to in point 1, point (c)),
2. employers of children or the child is preparing for the future
the profession,
3. authorized persons;
(e)) judge;
(f)) State representative;
(g)) other natural persons;
If it is appropriate to clarify the facts.
(6) the persons referred to in paragraph 5 (a). (c)) to (g)) be invited to a hearing
always, if they gave to this hearing the complaint.
(7) the participation of the members of the Commission and of the persons referred to in paragraph 5, the Commission on the negotiations
is any other act in the general interest, ^ 39) in which it belongs to the members of the Commission and the
the persons referred to in paragraph 5 (a). (c) to (g))) the refund of wages (salary).
The members of the Commission and of the persons referred to in paragraph 5, who are not in the
even in proportion to the ratio of similar work, however, are self-employed
involved, compensation for loss of earnings during the performance of the duties of a member of
the Commission in the amount of proven, but not more than 120 Czk per hour or 1 020
CZK in one day. The members of the Commission and of the persons referred to in paragraph 5 shall belong
the compensation of expenditure in the amount of bicycles proven; the Chairman shall determine the means of transport
of the Commission. Compensation and reimbursement of expenses of the bike for loss of earnings shall be paid by the municipal
Office of the municipality with extended competence.
§ 38a
(1) the County Governor shall be established to carry out the tasks of the region and the Regional Office for the
section of the socio-legal protection of the Advisory Council. In particular, the Advisory
and works on creating programs) and the concepts of the region in the area of
securing and development of services for families with children, foster care,
Prevention of socially pathological phenomena, and to create the preconditions for
cultural, sports, educational activities and other interests of the children,
(b) assessing the intentions of the region) the establishment and operation of the equipment
the socio-legal protection under section 39 and other facilities for the care of children,
(c)), at the request of the regional office shall examine the request to change the credentials, or about
the release of the new credentials for the performance of the socio-legal protection of children in case
that person wants on the territory of the County to set up a new device
social and legal protection or other workplace of the same device
social and legal protection,
(d)) at the request of the regional office shall examine and review the other issues associated
with the fulfilment of the tasks of the regional office under this Act and with the performance of
social and legal protection on the territory of the region.
(2) the County Governor appointed and recalled by the Chairman of the Advisory Council, its
the representative and the other members of the Advisory Forum. Secretary of the Advisory Board is
an employee of the County included within the regional office, which exercises the activity
in the field of social and legal protection. The Secretary is a member of the Advisory Board. U
the Chairman of the Advisory Forum shall not require proof of specific professional
competence in the field of social and legal protection.
(3) the Advisory Board consists of experts in the field of socio-legal
the protection. In particular, as to the experts in the field of Pediatrics, psychology,
pedagogy, a representative of the municipalities, the authorised persons, the providers of social
services, schools and educational institutions, providers of health services,
authorities, the police, the public prosecutor's Office, the staff of the regional office and
the Municipal Office of municipalities with extended powers listed in
social and legal protection. The Advisory Board has at least 5 members. For meetings
the Advisory Forum and the way the Fund applies to section 38, paragraph. 4 and 5 apply mutatis mutandis.
(4) for the participation of members at the meetings of the Advisory Forum and the determination of compensation paid
§ 38 paragraph. 7 Similarly, that compensation for bike expenses and compensation for loss of
earnings shall be paid by the regional authority.
section 38b
(1) the Ministry shall be established to carry out the tasks of the Ministry of
the socio-legal protection of the Advisory Council. The Advisory Board has at least 5 members and
is valid if an absolute majority of members is present.
(2) the Minister of labour and Social Affairs shall be appointed and dismissed by the President of the
Advisory Board, his representative and the other members of the Advisory Forum.
Secretary of the Advisory Board is an employee of the State qualified for the performance of work
in the Ministry, which carries out activities in the area of socio-legal
the protection. The Secretary is a member of the Advisory Board.
(3) For the composition of the Advisory Board, its conduct and way of ruling applies to section
38A, paragraph. 3 apply mutatis mutandis. For the participation of members at the meetings of the Advisory Forum shall apply section
paragraph 38. 5 Similarly, and for fixing the refunds apply to § 38 paragraph. 7, mutatis mutandis, with
the fact that compensation and reimbursement of expenses of the bike for loss of earnings shall be paid
the Ministry.
PART THE FOURTH
THE DEVICE OF THE SOCIO-LEGAL PROTECTION
section 39
the title launched
(1) the socio-legal protection Devices are
and equipment for vocational guidance) care for children,
(b) socio-educational activities),
(c)) for children in need of immediate assistance,
d) educational recreational camps for children.
(2) the socio-legal protection of physical persons can establish,
legal persons or municipalities and regions in a separate scope on the basis of
the credentials for the performance of social and legal protection under section 49.
section 40
Vocational guidance for the care of children
(1) vocational guidance for the care of children, in particular, provides
recommendations for the solution of mutual relations of parents and their children and
the care of the parents of children with disabilities. In the context of vocational
advice to provide or mediate the parents or other
the persons responsible for the education of the children of the Council in matters of education and nutrition of children
and other issues relating to their family, social and
intergenerational problems arising from the care of children.
(2) vocational guidance for the care of children may provide
or mediate also advice for individuals suitable to become
adoptive parents or guardians.
§ 41
Socio-educational activities of the device
Socio-educational activities of the device are intended, in particular, children referred to
in section 6; These children offers programs to develop social skills,
educational activities and free time.
Facilities for children requiring immediate help
section 42
the title launched
(1) equipment for children requiring immediate help provide protection and
help your child, that is without any care or if its
life or the positive development seriously threatened or if the child is found itself without
care appropriate to his age (section 15), if the child is physically or mentally
battered or abused, or of the child, which are placed in the environment, or
the situation, when they are seriously threatened by his fundamental rights.
Protection of and assistance to such a child lies in the satisfaction of basic
life needs, including accommodation, in the provision of health services and in
psychological and other necessary care.
(2) a child is placed in a facility for children in need of immediate assistance
and) on the basis of a court decision; section 13a, paragraph. 3 shall apply mutatis mutandis,
(b)) at the request of the municipal office municipality with extended powers,
(c)) on the basis of the request of the legal representative of the child, or
d) if requested by the child.
(3) the number of children placed in the facility for children requiring immediate
assistance may not exceed 28 children, even in the case that this device is
located in multiple buildings; This number of children may be exceeded only in
If the to care facilities for children in need of immediate assistance will be
svěřeni siblings. The Ministry of labour and Social Affairs may, in a
justified cases, at the request of the founder device for children
requiring immediate assistance, grant a derogation from the maximum allowed number of
children placed in a facility for children in need of immediate assistance
on the necessary time, whose length at the same time.
(4) one employee of a facility for children in need of immediate assistance may
at the same time to provide personal care for a maximum of 4 children entrusted to the care of
the device.
(5) the length of stay of a child in a facility for children in need of immediate assistance
can last for a maximum period
and 3 months) from its location to a facility for children in need of immediate
assistance at the request of the legal representative of the child; in the case of repeated
the request of the legal representative of the child's placement in a facility for children
requiring immediate assistance the child may be taken into the care of the equipment in the
the length of the other 3 months only with the prior written consent of the municipal
Office of the municipality with extended competence,
(b)) 6 months, if the child is placed in a facility for children in need
immediate assistance on the basis of the application of the municipal office municipality with extended
competence, or at the request of the child, if the child
agreement the parent or other person responsible for the upbringing of the child;
exceptionally, this period may be extended in the event that parents or other
the person responsible for the upbringing of the child proven to govern their ratios
to be able to take the child in personal care; the total period of continuous
the child in the facility may not exceed a period of 12 months,
(c)) laid down in the decision of the Court about the educational measures under section 13a,
that was the child's stay at the facility for children in need
immediate assistance, or for the time it takes the Court's decision on the
child custody facilities for children requiring immediate help
According to § 971, paragraph. 2 of the civil code.
(6) if the child is placed in a facility for children in need
immediate assistance on the basis of the facts referred to in paragraph 2 (a). (b)) and
(d)), is the municipal office municipality with extended competence shall
submit a proposal to the Court for interim measures, if unable to
the period in which the interim measures must decide the Court) ensure ^ 39b
the consent of parents or other persons responsible for the upbringing of the child with the residents
a child in a facility for children in need of immediate assistance.
(7) If a child is placed in a facility for children in need of immediate assistance
on the basis of the decision of the Court,
and) is an employee municipalities with extended competence included in the municipal
the Office is obliged to visit the child if necessary, at least once every 3
of the month
(b)) may be allowed to stay outside with the child's parents or
other natural persons, mutatis mutandis, in accordance with section 30,
(c) compliance with obligations) apply to facilities for children requiring immediate
help section 29 apply mutatis mutandis.
(8) a child may be placed in a facility for children in need of immediate
assistance at the request of the legal representative of the child only if the
between the device and the legal representative of the child's written
the agreement, which contains the
and the name of the device) its address and the address of its founder,
(b)) a child's name and surname, date of birth, permanent address
the child, or has his habitual residence,
(c)), the name and surname, date of birth, address, place of residence,
where the habitual residence of the child's legal representatives,
(d)) data on the health status of the child and the way to ensure health
services,
(e) the reasons for the placement of a child) in a facility for children in need of immediate
assistance,
(f)), the date and time agreed the adoption of a child to a facility for children
requiring immediate assistance,
(g) the consent of the legal representative) with the fact that when you stay at the facility for children
requiring immediate assistance will be subject to the rules on the residence of the child
laid down in the internal regulations of the establishment,
h) conditions and the way personal, telephone and written contact with the child
other persons and the definition of the circle of these people,
I) method and the level of remuneration of the contribution for the stay of a child in a facility for children
requiring immediate assistance, saying that the amount of the contribution may be negotiated
not more than the amount referred to in section 42 c of paragraph 1. 1 according to the age of the child,
(j) the signature of the agreement) representative for children requiring immediate help
and the legal representative of the child.
(9) equipment for children requiring immediate help is required to provide
services and ensure its operation continuously.
(10) in the device provides protection and assistance to the child in cases of
referred to in section 37, paragraph. 1, after a period of time before the Court will decide on the proposal
local authority municipality with extended powers to the provisional regulation
measures ^ 13).
(11) the founder of the device is required to keep a register of children who have been
accepted into the device, which must be listed
and the child in the adoption date) equipment,
(b) the child's name and surname), if known,
(c)) date of birth of the child, if known; If there is no known date of birth
the child, the approximate age of the child,
(d) a record of compliance with obligations) as set out in section 10, paragraph 1. 4 the third sentence,
(e) the date and time of release) of the child from the device.
(12) the facilities for children in need of immediate assistance is in the adoption of a child
This facility obliged to notify this fact to the
the founders and the competent authority for social and legal protection.
section 42a
(1) equipment for children requiring immediate help
and full direct pension) for the child in the facility of
the provision of accommodation, food and clothing,
(b)) provides educational care,
(c)) provides health services ^ 28),
(d)) provides advice to the child, his parents or the persons responsible for the
the upbringing of the child,
e) provides assistance in the preparation of children for school and escorts
children in a school,
(f)) creates the conditions for activities of interest to children,
(g)) is obliged to provide child care through
a social worker and a psychologist,
(h)), it is required to cooperate with the family of the child and to provide this family
assistance in the processing and delivery of issues relating to the child,
provide them with therapy, parenting and other skills training, which
the parent or other person responsible for the upbringing of the child urgently needs
for the care and upbringing of the child, in accordance with the individual plan
child protection processed body of social and legal protection,
I) is required to issue internal regulations for children requiring immediate
assistance, which is based on the definition of the operation of this Act.
(2) facilities for children requiring immediate help leads about children in this
device
and the register, which contains)
1. name and surname of the child, if known,
2. the date of birth of the child, if known; If there is no known date of birth
the child, the approximate age of the child,
3. the address of the place of residence; If there is no known permanent address
stay, another indication of the place of residence of the child before the adoption of the
the device,
4. date and time of acceptance of the child into the device, and the date of its termination,
5. the reason for the adoption of a child to a facility,
(b)), which contains the file documentation
1. the data referred to in point (a)) points 1 to 5,
2. a copy of the Court decision on the placement of the child in the facility, the request of the municipal
the Office of the shtetls of placement of a child in the facility, the document
on the adoption of the child and the written agreement referred to in section 42, paragraph. 8,
3. the record of cooperation with the authorities of the social and legal protection, with
other authorities, legal entities and natural persons
4. records of assistance and treatment provided to the child, of the measures taken
in relation to the child, provided medical care and their reasons
5. a copy of the report to the municipal office municipality with extended competence that
the child is residing in a facility for children in need of immediate assistance,
6. other data necessary for the provision of social and legal protection.
(3) the Director of the facility for children in need of immediate assistance is
and) entitled to
1. disable or discontinue visiting the parents or other persons in the facility in
the case of their inappropriate behavior, which would adversely affect it
the education of children, in the case of children placed in the facility on the basis of the decision of the
the Court,
2. be present at the opening of a 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, and perform about
the record in the case of a child,
3. take the child in the temporary custody of cash and items
threatening the education, health or safety of the children and in justified
cases, even valuable items; a written record of the takeover and its reasons
certified by the Director, other specialist equipment and the child is
based in the case of a child,
4. allow children placed under § 42 paragraph. 2 (a). (b)) travel without a
the supervision of the outside of the device to the place of residence of the parents or other individuals,
5. represent the child in the ordinary matters,
6. order the examination of a child that is not under the influence of alcohol or other
addictive substances,
(b)) shall
1. to familiarize the child with its rights and obligations,
2. pass the child in accordance with the decision of the competent authority to care for the future
the adoptive parent or legal guardian,
3. put the complaint to the competent court to cancel the placement of a child in a facility
for children in need of immediate assistance, if ceased for more
the stay of the child in this facility, and to inform the competent authority
social and legal protection,
4. put the complaint to the competent court to modify the contact the parents or other persons
with a child in a facility for children in need of immediate assistance if required
interest of the child, and to inform the competent authority of the socio-legal
protection,
5. provide information about the child's legal representatives, other persons
responsible for the upbringing of the child or the authorities of the socio-legal protection of the
their request,
6. discuss in advance the measures essential importance with the child, with the
taking into account his age and intellectual maturity, and with the legal representatives
of the child, there is a risk of default, and shall promptly inform the
the measures carried out; If they are not legal representatives give the Court accessible,
the complaint to the provisions of the guardian,
7. release the child after he learned of the Court's decision, which was
commit the child to the device cleared for children requiring immediate assistance,
but not before the child takes on the person responsible for his upbringing.
(4) the Director of facilities for children requiring immediate help decide on the
rights and responsibilities in the area of State administration of social and legal protection,
as regards the refusal of the application for a permit of stay outside the facility for children
requiring immediate assistance. Superior administrative authority of the Director, is
the regional authority in whose area the address of the registered office is located device for children
requiring immediate assistance. The appeal against the decision of the Director is not
suspensory effect.
(5) the founder of the Foundation for children in need of immediate assistance is required to
specify the Deputy Director who has, in the event that the Director shall represent,
permissions and obligations referred to in paragraphs 3 and 4.
(6) the facility for children in need of immediate assistance can practise
only in the object or the premises, which enable you to ensure the adoption of the child,
accommodation and preparing children for school tuition, meals, and interest
other activities in free time.
(7) the transfer of a child placed in a facility for children in need
immediate assistance to another such device is only possible
and) based on the decision of the Court, if it was the child in the facility for children
requiring immediate assistance located on the basis of the decision of the Court, and after
the previous notification of the transfer to the competent authority for social and legal
protection,
(b)) with the prior approval of local authority municipality with extended competence and the
the parents or other persons responsible for the upbringing of the child, if the child to
facilities for children in need of immediate assistance placed according to § 42 paragraph.
2 (a). (b)), or
(c)) with the prior written consent of the legal representative of the child, which
made an agreement about the placement of a child in care facilities for children in need
immediate assistance pursuant to § 42 paragraph. 8.
(8) the provisions of paragraph 7 shall not apply only in the case that, in the
the existing facilities for children in need of immediate assistance is not possible
to provide child care for serious operational reasons and the relocation of the child
does not tolerate delay. In this case, the device is for children in need
immediate assistance required to notify, without delay, the transfer of the child and the reasons
that led to the transfer of the child, the persons whose consent is required to
the transfer referred to in paragraph 7 (b). (b)), and (c)), the competent authority
the socio-legal protection of children or to the Court, which has issued a decision under
paragraph 7 (b). and the relocation of the child) to another device for children
in need of immediate assistance, in accordance with paragraph 7 (a). consent is required)
the competent authority for social and legal protection of children, and the proposal of the Court on the issue of
the new decision.
(9) under the same conditions as for the transfer of the child to another device for
children in need of immediate assistance provided for in paragraphs 7 and 8 shall also apply
in the case that has lead to the transfer of the child to another workplace of the same
facilities for children in need of immediate assistance.
Contribution to the payment of the stay and care
section 42b
(1) the obligation to pay a contribution to the payment of the stay and care provided in
facilities for children in need of immediate assistance (hereinafter "post")
pursuant to section 42 c to 42f, if the child is placed into this device, based on the
the decision of the Court or the application of the municipal office municipality with extended
competence, to
and the parents of the child or parent) who has a child by a court decision
entrusted with the education of, or other person required nutrition of a child,
(b)) a minor parent located together with the child in such a device,
(c) the recipient of the orphan's pension) on both sides of the orphaned child.
(2) the parents paying the contribution involved in equal parts.
(3) the contribution referred to in paragraph 1 shall be decided by the Director of the facility. On the appeal
against the decision on the contribution referred to in paragraph 1 shall be decided by the regional authority.
section 42 c
(1) the amount of the contribution is for the calendar month, unless stated
otherwise, no more than 1.6 times the subsistence minimum of a person who is
assessed as the second or next in the order laid down for this
baby ^ 39f). The amount of the contribution in each of the cases, the Director of the
facilities for children in need of immediate assistance.
(2) the Age of the child under the law on the decisive and existential
minimum ^ 39f) for the determination of amounts referred to in paragraph 1, which is the age of the child
reaches in the calendar month for which the dose is due.
(3) If a facility for children in need of immediate assistance is paid
child benefit under special legislation ^ 39 d), reduces the
the amount of the contribution referred to in paragraph 1.
(4) the amount of the contribution of the underage mothers residing together with the child in the
facilities for children in need of immediate assistance for the calendar month
10% of the amount of parental allowance in accordance with a special
the law ^ 39e).
(5) for a period of less than a calendar month, the amount of the contribution shall lay down
by the number of days. The daily reimbursement of costs is one třicetinu of the above
the contribution per calendar month.
(6) the contribution shall be rounded to the whole of the Crown towards the top.
section 42d
(1) the allowance shall, at the request of the persons referred to in section paragraph 42b. 1, or
initiative for children requiring immediate help reduce or
required if after payment of the contribution by their income or
the income of their families fall below the sum of the subsistence minimum by
the Act on the environmental and existential minimum ^ 39f) and the amount of the normative
the cost of housing in accordance with the Act on State social support. Post
also be required if the person referred to in section paragraph 42b. 1, or a person with
it jointly assessed is the recipient of the benefits of assistance in material need, according to
special legal regulation ^ 39 g). The contribution is not required nor in
If the reduction referred to in the first sentence was lower than the 100 Czk.
(2) a person referred to in section paragraph 42b. 1 are obliged to demonstrate their
income or the income of their families for the reduction or abolition of
the contribution referred to in paragraph 1 and on the expiry of 6 months from the last
proof of income to demonstrate that they meet the conditions for a reduction or
abolition of the post. These persons are obliged to immediately
notify changes in income, which could have an effect on the amount of the contribution
determined in accordance with paragraph 1. In the case of failure to comply with these obligations, the
the contribution increase to the amount established under section 42 c of paragraph 1. 1, since the
When the vain expiry of the period for the demonstration of compliance with the conditions, or even backward-
from the time when there was a change in income.
(3) the Revenue referred to in paragraphs 1 and 2 and those under consideration by the together according
paragraph 1: revenue and the persons referred to in the Act on environmental and
an existential minimum ^ 39f).
§ 42e
The amount of the contribution from the orphan's pension ^ 39 h) on both sides of the orphaned child
for the calendar month of the amount provided for in § 42 c of paragraph 1. 1 according to the age
of the child.
section 42f
(1) the contribution per calendar month shall be paid not later than the 15th day of
the following calendar month. Post belongs to the device from the first
the date of the child's stay at the facility, if the child is adopted in time to stay
to 3 hours.
(2) if the child Resides outside of the device for at least 2 consecutive days
consecutive monthly decreases, the amount of the remuneration for each such day one
třicetinu; daily remuneration shall not be reduced, if the child of a device at a time
After the fifteenth hour or if he returns to the device before the 15th hour.
(3) the device performs the billing for the overpayments and underpayments to the fifteenth
day of the calendar month following the end of the stay of the child in the
the device. The results of the statement shall notify in writing the person who post
stops. During the stay of the child to do so after the end of the calendar year.
The State contribution for the founder device for children requiring immediate
help
section 42 g
(1) the founder of the facilities for children in need of immediate assistance is entitled to
the State contribution for the stay and care provided by the minor in
This device, based on the decision of the Court or on the basis of the request
Municipal Office municipality with extended competence. Entitlement to state post
for the stay and care provided by minor arises also in case
that the municipal authority municipality with extended competence considers the placement of a child in the
device for a reason. Observations on the merits tests are applied, indicating the location of the
the starting date of the stay you reasonably send municipal office municipality with extended
responsibilities for children requiring immediate assistance within eight days from the
date of receipt of the Declaration of acceptance of the child pursuant to section 42, paragraph. 12. If it finds
Municipal Office municipality with extended powers, that the further stay of the child in the
the device is no longer reasonable, informed about the device and its founder.
(2) the Establisher of a device for children in need of immediate assistance is required to
take advantage of the Government contribution only for equipment for children in need
immediate relief, in which the child is placed.
(3) the State contribution
and) belong per month for each child in the amount of CZK 22 800
(b)) is reduced to one třicetinu for each day, in which the child resides outside
facilities for children requiring immediate help and stay out of this device
lasts for 2 consecutive calendar days; the day on which the child
leaves from the device at the time after the 15th hour, or the day on which the
Returns to the device before the 15th hour, until 2 days
consecutive does not control,
(c)) belong even after the entry into force of a court decision on the regulation of the constitutional
education of the child placed in facilities for children in need
immediate assistance if it is to continue to be provided to the child care in this
equipment, and up to the date of adoption of the child into the appropriate device for the
the performance of institutional care as agreed municipal office municipality with extended
powers under section 28.
(4) entitlement to a State contribution shall cease
and the date on which it was) cancelled or expired, the Court's decision
that was the custody facilities for children requiring immediate
help, unless, in the case referred to in paragraph 3 (b). (c)); If the child
staying in a care facility for children in need of immediate assistance after this
date of claim shall lapse on the date when the State contribution to the child left the device,
or
(b)), provided that the child was entrusted to a facility for children in need
immediate assistance at the request of the authority of the socio-legal protection, legal
the representative or of the child, the date in which the local authority of the municipality with extended
powers sent the facilities for children requiring immediate help
the communication that does not consider the location of the child to continue in this device
reasonable.
(5) if it meets the child after part of a calendar month, the conditions for
the determination of the State contribution in the lower area and after part of the calendar
month in increased acreage, the amount of the public contribution in the higher
area.
§ 42 h
(1) the Government contribution shall be paid monthly in the Czech currency, after the expiry of the
calendar month, in which it belongs, no later than 30 days from the
enforceability of a decision to grant State contribution or
the amount of the public contribution. Before the expiry of this period the County decides
authority without delay at the request of the founder of the granting of the State
the post, for which he was eligible for a State contribution.
(2) the amount of the public contribution shall be rounded up to whole Crown.
(3) the State contribution is paid, the regional authority.
(4) the Government contribution shall be paid on account of the founder device for children
requiring immediate assistance, the State asked the post.
§ 42i
(1) the entitlement to the allowance shall commence on the date of State compliance with the conditions laid down
This law.
(2) entitlement to the payment of the public contribution arises on the day of application for the
return the contribution to the appropriate regional office.
§ 42j
(1) if the requested State or part of the contribution of claim shall lapse
on the State or part of the contribution for the calendar month of the expiration of the 1 year
from the first day of the calendar month following the calendar month,
for which the State contribution.
(2) If a State contribution Was wrongly
and granted in lower) than what belonged to,
(b) the payment or paid in) lower amount than what belonged to,
(c)) granted from a later date than belonged to, or
d) denied,
shall be increased or the date on which the State or part of the contribution
belongs to, but not more than 3 years ago from the day when this regional office
the decisive contribution of the State found, or from the date of the increase
State contribution or its founder returns facility for children
requiring immediate assistance.
(3) the State post wrongly
and granted,)
(b)) paid, or
(c)) paid or paid a higher amount than what belongs to,
shall be withdrawn or its payment stops or is reduced, and this on the day
following the day on which the passed period, for which he was paid.
The provisions of section 42k paragraph. 3 remains intact.
(4) the time limit referred to in paragraphs 1 to 3 do not generate for the management of the State
contribution.
§ 42k
(1) the founder of the facilities for children in need of immediate assistance is required to
report in writing to the Regional Office of the national post, admitted to 8
the days of changes in the facts decisive for the duration of the entitlement to the State
post, the amount of the payment or if the fact referred to in §
42.
(2) if the founder device for children requiring immediate help
invited the regional authority, which decides on the State contribution to
proved the grounds for entitlement to a State contribution, the amount of the
or payment is required to meet this challenge, and it within 8 days,
If the Regional Office does not provide for a longer period.
(3) the founder of the Foundation for children in need of immediate assistance, which
has failed to fulfil any of the obligations or accepted the State contribution
or in part, as from the circumstances had to assume that he was paid
wrongly or in a higher amount than belonged to, or otherwise caused, that was
State contribution paid or in the wrong amount of unjustly, is obliged to
wrongly received the amount of return.
(4) a claim for the return of the State contribution by wrongly or in
incorrect amount shall lapse on the expiry of three years from the date when the State contribution
paid.
(5) the obligation to return the State or part of the contribution referred to in paragraph
3, the regional authority shall decide that the State contribution paid off. The amount of
unduly paid may be deducted from the later granted by the State
the contribution payable to the development of a device for children in need
immediate assistance, which has the obligation under paragraph 3 of the amount the State
the contribution of wrongly granted back.
§ 42l
(1) a public contribution shall be decided by the regional authority.
(2) the procedure for the award of public contribution shall be initiated on the basis of the written
the applications submitted by the founder of the facilities for children requiring immediate
help on a form prescribed by the Ministry.
(3) an application for a State contribution must contain
and the name of the founder) facility for children in need of immediate assistance, its
address and identification number of the person (hereinafter referred to as "identification number"),
If the device is the founder of the municipality or County,
(b) the name of the founder) facility for children in need of immediate assistance, its
the address, identification number, the date of the decision on the credentials of the
the performance of social and legal protection, with an indication of the authority decision
issued, if the designated person, the founder of the device
(c) the name and address of the device) for children in need of immediate assistance, where
children are placed, whose stay and care for them entitlement to the State
post,
(d)) the account number or account, to which the State contribution is paid,
(e) a list of the children) for children in need of immediate assistance, which
based on the development of a State contribution of claim; the list must contain the
name and surname of the child, his social security number or date of his birth,
If he has not been assigned a social security number, place of residence, date of
the adoption and the date of their stay at the facility for children in need
immediate assistance, was to stay closed, name, surname and address of the
the legal representative of the child or other person responsible for the upbringing of the child,
(f)) document proving that the child is in a facility for children in need
immediate assistance located on the basis of the decision of the Court or on the basis of
the application of the municipal office municipality with extended competence or request
legal representative according to § 42 paragraph. 2 (a). (c)) and the statement on the merits tests are applied
According to § 42 g of paragraph 1. 1.
(4) if the requested State contribution due to stay and care for children in
more facilities for children in need of immediate assistance to set up one
founder, the information referred to in paragraph 3 (b). (c)), e) and (f))
each device separately.
§ 42 m
(1) the founder of the equipment for the care of children in need of immediate assistance can
Entrust another person to fulfil obligations instead of him referred to in § 42k
paragraph. 1 and 2, and article 42, and that instead of founder served application for State
post. This fact, in writing, notify the founder device for children
in need of immediate assistance to the regional authority competent to decide on the
the State contribution to the 8 days of such credentials.
(2) if the founder device for children requiring immediate help
commissioned another person referred to in paragraph 1 for the submission of the application, must be in
request for a State contribution, the indication of the name and credentials
the last name of the person who is responsible for this representation.
section 42
(1) has been granted a State contribution, is the founder of the facilities for children
requiring immediate assistance required to for entitlement to the payment of the State
and the amount of contribution per calendar month to the competent regional authority
tell whether in the calendar month for which the State contribution
granted, there was a change in the number of children, the length of their stay in that
the device and change to the age of children in comparison with the calendar month
before this the calendar month. The founder is obliged to inform the
This information, in writing, to the regional office no later than the tenth day of
calendar month following the calendar month in which the
the State contribution.
(2) if there is a change in the number of children, to change the length of their stay in
facilities for children requiring immediate help or to change the age of the children,
is the founder of the equipment to the competent regional authority shall communicate the information
referred to in section 42l paragraph. 3 (b). (e)), and in the event that the child has been to the device
the newly installed, whether or not the information referred to in section 42l paragraph. 3 (b). (f)).
(3) change the amount of the public contribution, the regional authority shall issue a decision.
(4) the regional office shall decide on the suspension of payment of the public contribution, if
the founder of the facilities for children requiring immediate help to fulfil
the obligations referred to in paragraphs 1 and 2. If the founder has the equipment for
children in need of immediate assistance the obligations referred to in paragraphs 1 and 2
even after the expiry of 2 months following the calendar month in
which should be the obligation referred to in paragraphs 1 and 2 are not met, the claim on the State
the allowance shall cease. After the subsequent fulfilment of State post
admit the backward-the longest for a period of 1 year (article 42j).
§ 43
Education recreational camps for children
(1) the educational recreational camps for children will establish a rule at the time
school holidays and are designed especially for children listed in section 6. Stay
in educational recreation camp of the child provides, at the request of the legal
representatives of the child or with their consent.
(2) the purpose of the stay in the educational, recreational camps for children's educational
effects on the children aimed at elimination or suppression of disturbances and behavior
to obtain the necessary social and sanitary habits.
the title launched
§ 44
cancelled
section 45
cancelled
section 46
cancelled
section 47
cancelled
PART THE FIFTH
FOSTER CARE
TITLE I OF THE
RIGHTS AND OBLIGATIONS IN THE PERFORMANCE OF FOSTER CARE
Section 47a
The rights and obligations of the person in care and persons register
(1) for the purposes of this act as foster care examines the care
the child provided by the person responsible, or the fact that is a natural person
the person in the register.
(2) the person and the person's care in the register has
and provide) the right to permanent or temporary assistance in ensuring personal
care of the child; This assistance consists in particular in the provision of short-term
care
1. when a person is looking, or the person in the register of recognised temporarily
incapable of work or for the treatment of a person, in
2. the birth of a child,
3. when dealing with the necessary personal matters,
4. when the death of a person, in
(b) the right to assistance) with provision of full-day care
a child or children, that is appropriate to the age of the child, to the extent of at least 14
calendar days in the calendar year if the child is entrusted to achieve
at least 2 years of age,
(c)) the right to mediation of psychological, therapeutic, or other
support at least once every 6 months,
(d)) the right to mediation or to ensure free options to increase the
get the knowledge and skills referred to in subparagraph (f)),
(e)) the right to assistance in the fulfilment of the obligations referred to in subparagraph (h)), including help
to ensure space for the implementation of the contact of the authorised persons with a child
and ensuring assistance in this trade,
(f) to increase obligation) knowledge and skills in the field of education and care
for the child in 24 hours at the time of 12 consecutive calendar months
consecutive,
(g) to allow monitoring of the fulfilment of the obligation) of the agreement on the performance of foster
care under section 47b paragraph. 5 and work with the staff responsible for
monitor the development of the children in accordance with § 19 paragraph. 6,
(h)) in accordance with an individual child protection plan, the obligation to maintain,
to develop and deepen the unity of the child with the persons close to the child,
in particular, with their parents and allow contact with the child in the parents, foster care,
If the Court decision provides otherwise.
The agreement on the performance of foster care
section 47b
(1) Municipal Office municipality with extended powers, in whose district has a permanent
stay the person looking or a person in the register, the person shall propose the conclusion of
the agreement on the performance of foster care, which modifies details regarding
the exercise of rights and obligations established in Section 47a and inform at the same time
the possibility to conclude an agreement on the performance of foster care referred to in paragraph 4.
(2) if the agreement for the performance of foster care closed within 30 days from the
the date of the entry into force of the decision of the competent authority of the first commit
the child in the care of the person having care or classification decision of the person in
the registration in the register of persons that may be carried out on foster care
a transitional period, the Municipal Office of the municipality with extended competence, in whose
the circuit has the person looking or the person in the register of permanent residence, it modifies
details regarding the performance of rights and obligations in Section 47a-based its
by decision.
(3) the agreement on the performance of foster care or the decision of the competent
Municipal Office municipality with extended competence must be in accordance with the
by the decision of the Court on child custody of the person or persons in care
registration and with an individual child protection plan if it has been processed.
When issuing a decision or conclusion of the agreement on the performance of foster care
account shall be taken of the interests and individual needs of the child and the needs of the person
care or a person in the register if they are connected with the exercise of care
conferred on the child.
(4) if there is no agreement on the performance of foster care concluded with the competent
municipal authority municipality with extended powers, the agreement on performance
foster care, with the consent of the competent local authority of the commune with
extended powers to conclude with the person responsible or by a person in a register
the local authority, municipal office municipality with extended powers, in whose district the
has the person looking or a person in the register of permanent residence, regional office
or authorised person. Municipal Office municipality with extended powers, in whose
the circuit does not have a person looking or the person in the register of permanent residence, the municipal
Office, regional office or to the designated person of that fact without delay,
shall inform the competent municipal office municipality with extended competence and shall send
This municipal office municipality with extended competence a copy of agreement about performance
foster care.
(5) Municipal Office municipality with extended powers, municipal office, regional office
or the designated officer if you have concluded an agreement on the performance of foster care,
or municipal office municipality with extended powers, which delivered the judgment
in accordance with paragraph 2, shall be obliged to monitor the fulfilment of the agreement on performance
foster care or decision referred to in paragraph 1 or 2 through
of its employees, who are required to at least once every 2 months to be
in personal contact with the person responsible or a person in the register and with children
assigned to her care. About the course of the performance of foster care processes
an employee of the municipal office municipality with extended powers, in whose district the
has the person looking or a person in the register of permanent residence, the local authority,
the regional office or to the designated officer once every 6 months a message
the municipal authority shall transmit to the municipalities with extended competence, in whose district has
the person looking or a person in the register of permanent residence.
(6) a person having care or a person in the register concludes the only agreement on the
the performance of foster care, regardless of the number of assigned children.
(7) if both spouses the person responsible or by a person in a register,
together, the only agreement concluded on the performance of foster care, regardless of
the number of children entrusted to and regardless of the fact whether one or
all the children are entrusted to their joint care. This does not apply in
the case of the children entrusted to the exclusive care of only one of the spouses, if
the couple, together for at least three months of proven and municipal
Office of the municipality with extended competence at the request of one of the spouses decides
that is the fact that both spouses are the person responsible or person in
registration, be taken into account.
§ 47c
(1) the agreement on the performance of foster care takes time, after which the
and foster care),
(b)) takes care of the physical persons, which was before the Court decision on the conferral of
the child in the foster care of a child by a court decision temporarily entrusted to the
care of the person who is interested in becoming a foster parent,
(c)) is a person by the decision of the regional office in the register of persons
foster care can be for a transitional period,
(d) the natural person) is the guardian of the child personally cared for, or
(e) a judicial procedure) is the guardian of the child, the provisions of the natural person,
which does not have the obligation to pay maintenance.
(2) the local authority, municipal office municipality with extended powers, regional office
or the person may withdraw from the agreement on the performance of foster care
and) for serious or repeated violations of the obligations to which the person
care or a person in the register undertook in the agreement on the performance of foster
care,
(b)) for the repeated obstruction of monitoring the fulfilment of the agreement on the performance of foster
care over the performance of foster care,
(c) the refusal of the adoption of the child) in foster care for a transitional period
without a serious reason on the part of the person in the register.
(3) a person having care or a person in the register may withdraw from the agreement on the
the performance of foster care without giving a reason.
(4) the Contracting Party, that the agreement on the performance of foster care with the person
care or with a person in the register testified about it without undue
immediately inform the local authority of the shtetls, in whose
the circuit has the person looking or the person in the register of permanent residence. It
does not apply if a Contracting Party to the agreement is terminated on the performance of foster
care of the local authority municipalities with extended competence, in whose district the person has
care or a person in the register of permanent residence.
(5) Municipal Office municipality with extended powers, in whose district the person has
care or a person in the register of permanent residence, shall, after
Learn about the termination of the agreement on the performance of foster care referred to in paragraph 2, to
30 days to issue a decision that modifies the details regarding the exercise of the rights and
obligations established in Section 47a.
(6) if the agreement for the performance of foster care is terminated by a person
care or a person in the register and will not be replaced by a new agreement on the
the performance of foster care within 30 days from the date of delivery of the notification to the other
the Contracting Party modifies the details regarding the exercise of the rights and obligations of the
based in Section 47a of the competent local authority municipalities with extended competence
by its decision under section 47b paragraph. 2.
(7) the notice period will end no later than the expiry of 30 days from the date when the
the testimony was delivered to the other party, but not before the
concluded a new agreement on the performance of foster care. In case, when the municipal
shtetls, the Office shall issue a decision under section 47b paragraph. 2,
the notice period ends on the date of the entry into force of this decision.
§ 47d
The State contribution to the performance of foster care
(1) the entitlement to the State contribution to the performance of foster care has a municipal office
municipalities with extended competence on the basis of the issue of an administrative decision
under section 47b or municipal office municipality with extended powers, the local authority,
Regional Office or to the designated officer that have concluded an agreement on the enforcement of
foster care under section 47b. The State contribution is intended to cover the
the costs incurred for the provision of assistance to persons, persons in pečujícím
register or entrusted to the children and on the implementation of the supervision of foster
care.
(2) the amount of the public contribution to the performance of foster care is
and 48 000 CZK) per calendar year, if the final administrative decision
or agreement on the performance of foster care lasted throughout the calendar year,
(b)), the amount corresponding to one-twelfth of the amount referred to in subparagraph (a)),
for each calendar month, or part of it within a calendar
the year in which there was a final administrative decision or took
the agreement on the performance of foster care.
(3) the granting of the State contribution to the performance of foster care is decided by the
the regional branch office of work, in which the circumference of the head office is situated, or
the place of residence of the applicant. For the award of State contribution to performance
foster care is decided on the basis of the application. The applicant is obliged to
application
and to provide a list of all people) care and persons in the register, which
made an agreement about the performance of foster care or whose rights and obligations
edited by a final administrative decision in the calendar year and the time on the
the following rights and obligations regulated,
(b)), the name or names of the person's last name, or the person in care
Register, if necessary, and date of birth, and address of the place of
stay on the territory of the Czech Republic or the address of the place of residence abroad,
(c) include a copy of the agreement) about the performance of foster care or final
the administrative decision.
(4) the State contribution to the performance of foster care shall be declared for the calendar
year and shall be paid within 60 days of the decision of its
a confession. If, after 31 December 2006. December of the calendar year for which it was
the State contribution to the performance of foster care be paid, it takes the agreement on
the performance of foster care or administrative decision that has become final,
Government contribution shall be paid on the performance of foster care for other
calendar year in advance, at the rate in which this post belonged to the
1. in January of this year. In this case, the State contribution to performance
foster care pays off in 15. February of this year.
(5) the recipient of the State contribution to the performance of foster care is required to
notify the County Branch of the Office of works, which this post admitted to
15 days all the grounds for entitlement to this allowance,
in particular, termination of the agreement on the performance of foster care or the abolition of the administrative
decision.
(6) the regional branch office, work on the basis of the notification referred to in paragraph 5
Decides to change the amount of the public contribution or its payment.
If it is found that the municipal authority municipality with extended powers, the local authority,
Regional Office or to the designated officer received the State contribution to performance
foster care even after the termination of the agreement on the performance of foster care or
the abolition of the administrative decision, the recipient is required to return a portion of the contribution
the contribution per calendar month following the termination of the agreement on the enforcement of
foster care or the cancellation of an administrative decision, only if this
agreement or the administrative decision in the calendar year lasted for less
than 6 calendar months.
(7) the entitlement to the State post or be entitled to increase the State's contribution
may be granted retroactively for a period of 3 calendar months from the legal
the power of the administrative decision or from the conclusion of the agreement on the performance of foster
care.
(8) for making a contribution referred to in paragraphs 5 to 7 shall apply
paragraph 4 apply mutatis mutandis.
TITLE II
BENEFITS OF FOSTER CARE
section 47e
The circuit benefits of foster care
Benefits of foster care are
and) contribution margin to the needs of the child,
(b) remuneration of the guardian),
(c) upon receipt of the child allowance),
(d) the purchase of the personal allowance) of the motor vehicle,
(e)) contribution to their foster care.
Post to cover the needs of the child
section 47f
(1) the entitlement to the contribution margin of a minor child has needs
dependent child ^ 56) entrusted into foster care. Contribution margin
the needs of the child in accordance with the first sentence belong shall be paid to a person caring.
(2) entitlement to the contribution margin of the needs of the child is maintained even after the
emancipation of the child, but within a twenty-sixth year of his
age, with respect to a dependent child in accordance with the law governing State
social support ^ 56) that permanently live together and be effected at the expense
your needs ^ 9b) with the person that was to achieve its legal person
caregiving. The contribution of the child referred to in the first sentence belong shall be paid
This child allowance payments from the needs of the child belonging to the
for the calendar month following the month in which the finalized age of majority.
(3) the amount of the allowance to cover the needs of the child shall be a calendar month
and 4 500 Czk) for a child under the age of 6 years,
(b) 5 550 Czk for children) aged from 6 to 12 years
(c) 6 350 Czk for children) aged from 12 to 18 years of age,
d) 6 600 Czk for children at the age from 18 to 26 years old.
(4) in the case of a child who is under the law on social services person
dependent on the assistance of other natural persons, the contribution to cover the needs of
of the child
+--------------+-------------------------+-------------------------+-------------------------+-------------------------+
| Child in | Child degree | Child degree | Child degree | Child degree |
| the age | Depending I | dependencies (II) | dependencies (III) | dependencies (IV) |
| | (lightweight dependency) | (moderate dependency) | (heavy dependency) | (total dependence) |
| | Kč | CZK | Kč | CZK |
+--------------+-------------------------+-------------------------+-------------------------+-------------------------+
| To 6 years | 4 650 | 5 550 | 5 900 | 6 400 |
| 6-12 years old | 5 650 | 6 800 | 7 250 | 7 850 |
| 12-18 years old | 6 450 | 7 800 | 8 300 | 8 700 |
| 18-26 years of age | 6 750 | 8 100 | 8 600 | 9 000 |
+--------------+-------------------------+-------------------------+-------------------------+-------------------------+
§ 47g
(1) Post to cover the needs of the child are not vested for a period, after which the
a child in full direct provision of facilities for the care of children or youth
or in the care of another person on the basis of the decision of the Court or other
the competent authority of the child custody replacing the care of the parents.
Full direct provision is assessed according to the law on State social
the promotion.
(2) if the child benefits from a pension from the pension insurance,
post to cover the needs of the child, only if it is higher, and that of
the difference between this contribution and retirement.
§ 47h
Post in their foster care
(1) the entitlement to the allowance in their foster care is a natural person,
that was the date of emancipation in foster care, and that at the date of
the demise of the entitlement of that person to the post to cover the needs of the child pursuant to section
47f.
(2) the amount of the lump sum contribution is 25 USD.
(3) entitlement to the allowance in their foster care belongs to just one.
Remuneration of the guardian
§ 47i
(1) the entitlement to remuneration of guardian and the person is the person looking at the register.
Entitled to the reward and looking after the person has a legal guardian or a person in a register,
If a dependent child ^ 56), which was entrusted to the care of, not after
emancipation shall be entitled to contribution margin to the needs of the child only
Therefore, that enjoys a pension from the pension insurance, which is the same
or higher than the post.
(2) if the person responsible or by the person in the records of both spouses or
two guardian, foster parent remuneration belongs to only one of them. On
foster care performed by the second husband or guardian for
the purpose of the determination of the amount of the remuneration of the guardian referred to in the first sentence seen as
common foster care.
(3) the Regional Branch Office can work when deciding on
cases in which the spouses or both guardians would together for at least three
months can be proven to not decide that does not flow under the
paragraph 2 and to the fact that both spouses or both guardians would are
the person responsible or a person in the register, shall be disregarded. Unless the
in this case the spouses or the guardian to whom of them belong to the
the remuneration of a foster parent because of the care of the child entrusted to the decision of the competent
authority to their joint care, apply section 47n second and third sentences, mutatis mutandis.
§ 47j
(1) the amount of the remuneration of the guardian shall be for the calendar month, unless
unless otherwise specified,
and) 8 000 CZK, if cared for one child,
(b)) 12 000 CZK, if cared for 2 children
c) 20 000 CZK
1. If it is cared for at least 3 children,
2. If it is cared for at least one child, that person is dependent on the assistance of
other individuals in stage II (moderate dependency) or in the
stage III (heavy dependency) or in stage IV (full dependency)
3. If the person in the register, even in the case that no foster
the child, or
(d)) 24 000 Czk, nurtures the foster father of at least one child, that he was entrusted with the
for a transitional period, and this child is dependent on the assistance of other
natural person in stage II (moderate dependency) or in stage III
(heavy dependency) or in stage IV (full dependency).
(2) for each additional child entrusted into the care of the person looking to reward
legal guardian in accordance with paragraph 1 (b). (c)) points 1 and 2 shall be increased by half the amount of the
referred to in paragraph 1 (b). and). For each additional child, that person is in
the registration of entrusted to the care of other than foster care on a temporary
time, the remuneration of the guardian referred to in paragraph 1 (b). (c) or (d) of point 3). (d))
increases by half of the amount referred to in paragraph 1 (b). and).
(3) the remuneration of the guardian referred to in paragraph 1 (b). and (b))) and belongs to the person
care or a person in a register, which is the parent of or prarodičem of the father
or the mother entrusted the child, only in cases worthy of special
interest, in particular with regard to the social and property relationships
care or a person in a register and their families and taking into account the
the State of health of the child. For the purposes of the decision on the granting of rewards
a foster parent is a regional branch of the Office of the work required to obtain representation
the competent municipal office municipality with extended competence.
(4) the remuneration of the guardian, provides for temporary work
incapacity or ordered the quarantine of the person or persons in care
register until the end of the calendar month following the
the calendar month in which the temporary incapacity arose or in
which was ordered quarantined. If the child is entrusted to a person having care or
the person in the records in its direct provision of facilities for the care of children
or youth or in the care of another person on the basis of the decision of the competent
authority on child custody, substituting the care of parents, the reward
a foster parent for the care of these children does not belong.
(5) the remuneration of the person does not belong in the guardian after a period of time, after which the
aborted mediation foster care for a transitional period under section
24B, paragraph. 1 (a). and (d))).
§ 47 k
The remuneration of a foster parent for the purposes of the laws governing the income tax, insurance
on social security and general health insurance premiums ^ 60)
considered income from dependent activities.
§ 47l
Post on receipt of the child
(1) the entitled person when taking the child has caring, which
took the child into foster care; post on receipt of the child, if it is
the same child, belongs to the person looking after just one.
(2) the amount of the contribution when taking the child, if the child is aged
and) to 6 years 8 000 CZK
(b)), from 6 years to 12 years Czk 9 000,
(c)), from 12 years to 18 years, 10 000 Czk.
(3) on receipt of the Child Allowance shall be paid in one lump sum.
§ 47 m
The contribution for the purchase of personal motor vehicle
(1) the entitlement to the allowance for the purchase of personal motor vehicle has
the person who has the care in foster care at least 3 children or is entitled
on the reward because of the care of a foster parent 3 children, including adult
dependants, which constitute the person looking after entitlement to the compensation
foster parent if you purchased personal motor vehicle (hereinafter referred to as "motor
the vehicle "), or to ensure the necessary overall motor vehicle repair and
This vehicle is not used for gainful activity.
(2) the amount of the contribution for the purchase of a motor vehicle shall be 70% of the cost
the price of the motor vehicle or proven for expenditure on repairs, but not more than
100 000 Czk. The sum of these contributions provided by a caring person in the
the period of the last 10 calendar years prior to the date of filing of the application shall not
exceed 200 000 Czk.
(3) the contribution for the purchase of a motor vehicle may be provided in the
non-cash form even before you buy a motor vehicle. The use of the
the contribution for the purchase of the motor vehicle, the person looking is required to
prove within 6 months from its provision; If this post
did not apply to the purchase of a motor vehicle is required to return the allowance.
(4) If the person looking for 5 years from the date of the contribution
granted, a motor vehicle, on which the purchase or repair was
granted, sold, donated, began to use them for
gainful activity or perform foster care stopped, unless
the case where a person has ceased to exercise the care of foster care
serious health reasons, is required to return a proportion of the contribution of the
on the purchase of a motor vehicle of the relevant time period of 5 years, when
those conditions did not meet.
section 47n
Common foster care of spouses
When a common foster care of the spouses belong to the levy of foster care only
one of the spouses is designated on the basis of the agreement of the spouses. Unless the
the spouses shall be determined by the competent regional branch of the Office of works, which of the spouses
the dose of foster care. The same applies in the case where the
functions of the guardian appointed by the Court together spouses or the other two persons,
child care about personally.
TITLE III
COMMON PROVISIONS ON FOSTER CARE
§ 47 ° s
The circle of beneficiaries
(1) the entitlement to benefits of foster care, in compliance with the conditions laid down
in this Act, a natural person only if it is
and on the territory of the Czech Republic) reported to the permanent residence under the Special
^ Law 61), if it is a State citizen of the Czech Republic,
(b)) on the territory of the Czech Republic shall be entitled to temporary or permanent
stay under a special legal regulation ^ 62), in the case of foreigners,
(c) minors entrusted to the stranger) the territory of the Czech Republic to the care
replacing the care of parents,
(d)), a stranger, who holds a permanent residence permit with the avowed
legal status of long-term resident status in the European
the community to the territory of another Member State of the European Union, and he was
issued long-term residence permit in the territory of the Czech Republic according to the
special legal regulation ^ 62),
(e)) of the family of the alien referred to in subparagraph (d)), which was
issued long-term residence permit in the territory of the Czech Republic according to the
special legal regulation ^ 62),
(f)), which was a foreigner on the territory of the Czech Republic under the Special
^ law 63) granted international protection or by the applicants about the
the granting of international protection unless it is accommodated in the asylum facilities
The Ministry of the Interior,
(g)), which was a foreigner on the territory of the Czech Republic under the Special
^ Law 64) granted temporary protection or by the applicants about the
the granting of temporary protection, if not staying at the humanitarian Centre,
or
(h)), a stranger, or his family, which implies a claim on the
the social benefits of a directly applicable regulation the European Union ^ 57),
If the place of residence on the territory of the Czech Republic; What means the resident,
lays down the law on assistance in material need ^ 39 g). The condition of residence
It does not apply to the natural persons referred to in point (h)).
(2) the Ministry may, in justified cases, to issue a decision on the
waiver of conditions of residence laid down in paragraph 1 (b). and) and
d). Against the decision rejecting the request for a waiver of the conditions of permanent
the stay cannot be appealed or reviewed in the examination procedure.
§ 47p
Entitlement to benefit foster care and the payment of
(1) the right to benefit foster care arises on the date of fulfilment of all the conditions
laid down in this law.
(2) entitlement to payment of the levy arises on the basis of foster care
the enforceability of the decision of the Court on child custody of the person who
interested in becoming a foster parent, subject to compliance with the conditions laid down in this Act
for entitlement to benefit foster care and its payment and filing
the application for the granting of benefits of foster care.
(3) if the person complies with the conditions for entitlement to benefit
foster care referred to in section 47e (a). and (b)))
and the only part) of the calendar month, shall be referred to the benefits of,
what belongs in a calendar month, or
(b)) after part of a calendar month in the lower part of this area and after
calendar months in the higher area, belongs in the calendar month of the levy
foster care in the greater area.
(4) the condition for entitlement to the payment of the benefits of foster care is written
the consent of the persons concerned to State authorities, and other legal
the person and the natural person indicated to the authorities of the socio-legal protection of
a dose of foster care, or control, it shall be paid
the fact proving the child's nezaopatřenost ^ 56), the degree of dependence
person to help another individual in accordance with the law on social services,
information about logging on to permanent residency and other information that comprise the
particulars of the application under section 47w, and to the extent necessary for the
deciding a dose of foster care, and the amount of the payment. If
dependent child ^ 56) is entitled to a benefit of foster care before the age of
the age of majority, the payment of benefits to him belongs to the foster care after the completion of the
the age of majority, the child shall be granted if such written consent referred to in the first sentence.
§ 47q
To change the entitlement to benefit foster care
(1) the dose of the foster care of a wrongly granted in a lower amount than what
belongs, the unpaid or paid at a lower amount than what belongs to,
denied or granted from a later date than what belongs to
be awarded or raises, and as from the date on which the batch or increase
belongs to, but not more than 3 years back from the day's decisive authority on the
doses found or the date on which the increase in benefits or the granting of benefits
the person asked.
(2) the dose of the foster care of a wrongly granted, payable or paid to
in a higher amount than what belongs, shall be withdrawn or its payment
stops or reduces, and from the first day of the calendar month,
following the calendar month in which the batch was foster care
wrongly paid. The provisions of § 47z remains intact.
(3) If, in the period covered by the batch was foster care awarded,
kutečnosti applicable to the entitlement to benefit foster care or the amount of,
examine the newly entitled to benefit foster care or its amount on the date,
to which such a change occurred and the batch of foster care is
and shall be paid or be granted), the amount of the increase, from the first day of the calendar
the month in which the change occurred,
(b)), from the first day of the calendar month following the
the calendar month in which the decision on the reduction of benefits
foster care,
(c)) shall withdraw or her paycheck stops from the first day of the calendar
of the month following the calendar month in which the batch was
foster care is paid. The provisions of § 47z remains intact.
§ 47r
The demise of the right to benefit foster care
(1) the right to benefit foster care shall not cease on the expiry of the time, if it is not
This law provides otherwise.
(2) entitlement to the payment of the benefits of foster care as referred to in point (a) of section 47e. and) and
(b) lapse on the expiry of 1 year) from the date on which the batch or part thereof
belongs to, with the exception of the cases referred to in § 47q paragraph. 1.
(3) entitlement to benefit foster care referred to in section 47e (a). (c)), d) and (e))
shall not be applied to up to 1 year
and from the date of receipt of the child), or from the date of the entry into force of the decision
the Court of guardianship of the child to foster care, if the contribution
the takeover of the child,
(b) from the date of purchase) of the motor vehicle or pay for repairs
of the motor vehicle, if it is a contribution to the purchase of a motor vehicle,
(c)) of the date of cessation of the right to the reimbursement of the needs of the child, if the
post in their foster care.
(4) the time limit referred to in paragraph 3 shall not apply with respect to a case referred to in
§ 47q paragraph. 1.
(5) the time limit referred to in paragraphs 2 and 3 are for batch management
foster care.
(6) if the person in custody or imprisonment
or in the performance of the protective measures of security detention, her
right to benefit from the day following the expiry of the first calendar
the month of detention or imprisonment or execution protection
the measures of security detention. Builds on a period of time-binding performance
imprisonment or protective measures, security performance
detention, both times for the determination of the calendar month in accordance with the first sentence
add up.
(7) the provisions of paragraph 6 shall not apply in the case of claims for the period prior to the
the date on which entitlement to the benefit referred to in paragraph 6 shall cease.
§ 47s
Go right to benefit foster care
(1) the right to benefit foster care cannot assign or pledge.
(2) if the person Died after a claim to benefit foster
care, entering into the next batch management and shall be entitled to the amount
due to the date of death of the persons concerned progressively wife (husband), children,
the parents or the person looking after, if they lived with a qualified person at the time of
her death in the household. The condition of the household may not be fulfilled in children
that they are entitled to an orphan's pension of a deceased.
(3) if the batch Was awarded before the death of the persons concerned, it is worth
the amounts payable that have not been paid until the date of death of the persons concerned,
gradually, the persons referred to in paragraph 2.
(4) Claims for benefits of the foster care are not subject to heritage.
§ 47t
Way of payment of benefits, foster care
(1) Post to cover the needs of the child and the foster parent remuneration shall be paid
a month after the expiry of the calendar month, in which were due,
However, at the latest by the end of the calendar month following the
months ago.
(2) on receipt of the Child Allowance and the allowance for the purchase of a motor
the vehicle shall be paid not later than the end of the calendar month
following the month in which the batch was granted.
(3) foster care Benefits be paid Regional Branch Office work that is
appropriate to decide on dosages.
(4) foster care Benefits are paid in the Czech currency transfer to
payment account specified by the recipient of the benefits of foster care, or mail
by pointing out, in accordance with the decision of the recipient of the benefits of foster care.
The authorized person is obliged to indicate in the request, which of the following
It has to be a paid batch. If so requested by the recipient of the benefits of the change how
payment of the levy, the regional branch office of the work required to make the change
the method of payment of benefits from the calendar month following the month in the
which the request for change of payment received.
(5) foster care Benefits shall not be paid abroad.
§ 47u
The recipient and the recipient of the special benefits of foster care
(1) the recipient of the benefits of foster care is a beneficiary. Instead of the
the minor beneficiaries receiving benefits foster care other
a natural person, the person entrusted by the competent authority to
care on the basis of the decision of the competent authority.
(2) the Regional Branch Office will appoint a special recipient of benefits work
foster care, if the authorized person or other physical
the person to whom it was entrusted to the care of the person entitled on the basis of the decision of the
the competent authority cannot receive foster care benefits. With
the provisions of the specific recipient of the authorized person must, where appropriate, other
a natural person, the person entrusted by the competent authority to
care on the basis of the decision of the competent authority; the consent of this
a person shall not be required, if, due to his State of health according to the
representation of a physician cannot submit this consent. Special
the beneficiary cannot be the one whose interests are in conflict with the interests of the legitimate
of the person.
(3) Regional Branch Bureau of labor may appoint a special recipient
only a natural person who agrees with this provision.
(4) other natural person to whom it was entrusted to the care of the person entitled to
the basis of the decision of the competent authority, and the specific recipient are
required to use the dose for the benefit of the persons concerned. At the request of the legitimate
of the person or at the request of the regional branches of the Office work is a special recipient
to submit a written statement of benefits paid to him, and it
within 1 month of the date of receipt of the request.
(5) the regional branch office, work on the provisions of the decision
a special recipient, if the reasons for which the advertising was a special
the recipient or if the payee is appointed special obligations
referred to in paragraph 4.
§ 47v
The management of foster care
(1) on the benefits of foster care shall be decided by the regional branch of the Office work.
(2) the procedure for the granting of benefits of foster care is initiated on the basis of
written application submitted in the form prescribed by the Ministry.
(3) the procedure for change of the amount already awarded benefits or on the withdrawal or
stop payment is initiated upon the proposal of the beneficiary or of the power
official.
(4) if the contribution to cover the needs of the child, shall represent the minor
the child in the proceedings about the contribution of the person or the person in care.
(5) if the remuneration of foster parent, the regional branch office, work
deductions and payments under special legislation granted 60) ^ ^
remuneration of the guardian. In the field of taxation of income from dependent activities and
the Labour Office emoluments shall perform the obligations of the payer of the Czech Republic
taxes in accordance with the specific legislation ^ 60).
§ 47w
Particulars of the application
The application of the levy shall in addition to the requirements laid down in the administrative regulations on
contain
and showing the child's nezaopatřenost) ^ 56), if it is for
entitled to a benefit, or the amount needed,
(b) a decision on the custody of the child), in foster care or a decision on the
the provisions of the trustee, or the decision of the Court or authority
the socio-legal protection of children on the temporary child custody of the person,
who is interested in becoming a foster parent, or a proposal, which was submitted to the Court on the
judicial proceedings the provisions of the child's guardian, if the person
the person of the child, which does not have the obligation, personally cared for,
(c)) document proving the child's degree of dependence on the assistance of other physical
the person, with respect to entitlement to contribution margin to the needs of the child pursuant to section 47f
or a claim to the reward of a foster parent under section 47j paragraph. 1 (a). (c) point 2) or
(a). (d)),
(d)) document proving the amount of the pension in the case of children, who enjoy
income from pension insurance, if the entitlement to contribution margin
the needs of the child,
e) proof of the amount of the costs for the purchase of the motor vehicle or the necessary
the total repair of the motor vehicle, if the entitlement to the allowance
the purchase of a motor vehicle.
§ 47x
Appeal
The appeal against the decision on the benefits of foster care issued by the regional
a branch office of the Ministry of labour decides. The appeal does not have suspensory
effect.
§ 47y
Obligations of the beneficiary and the applicant for the benefit
(1) the recipient of the benefits of foster care or the applicant is obliged in writing
report a County Branch of the Labour Office within eight days of the changes in the
the facts decisive for the duration of the entitlement to a benefit, the amount or
the payment.
(2) if the recipient of the benefit or the applicant invited the relevant regional
Branch Office work to certify the facts applicable to a claim for
the dose of foster care, the amount or payment is required to this challenge
to comply with the time limit, and within eight days from the date of receipt of the request, unless the
the competent regional Branch Office work a longer period; If they do so in the
the specified time limit, the payment of benefits may be stopped, the dose may be withdrawn
or nepřiznána, if the recipient or the applicant was in the call to this
result in a demonstrably warned.
§ 47z
Overpayments
(1) the recipient of the benefits of foster care, which received a dose of foster care
or part thereof, as from the circumstances had to assume that they have been
wrongly paid or in a higher amount than the apparition, or otherwise
the benefits of foster care have been paid unduly or in
incorrect amount, is required to return the amounts wrongly received.
(2) entitlement to the refund of benefits provided by the foster care wrongly or in
incorrect amount shall lapse on the expiry of three years from the date on which the batch was
foster care is paid. This period does not imply for the duration of the procedure for appeal
resource or action, for management and implementation and enforcement of decisions,
or when they are on the reimbursement of an overpayment made deductions from benefits foster
care or receive or when payments are paid on the basis of the agreement on the
recognition of the debt.
(3) the obligation to return a batch of foster care or part thereof in accordance with
paragraphs 1 and 2 shall be decided by the regional branch of the Office work which benefits
foster care is paid or paid last time.
(4) the returned and recovered the funds referred to in paragraph 1 are tv
the State budget.
§ 47za
Duty to communicate information to
(1) the State authorities, other legal entities and physical persons, with the exception of the
the recipients of the benefits of foster care and authorized persons are obliged to
call County Branch Office work or on request of the applicant for
the dose of foster care, to convey the data free of charge applicable under this
Act for entitlement to the benefit of foster care, or payment of the amount;
If, however, the information concerning the health status of the requested competent
the regional branch of the Labour Office, the payment of health interventions
supplied by providers of health services to special ^ 50).
(2) if the State authorities and the persons referred to in paragraph 1 shall communicate to the
information applicable under this Act for entitlement to a benefit, the amount or
payment only on condition that they have been deprived for the communication of such data
confidentiality, it is considered that the data given are for the case of
confidentiality, if the regional branch office of the work in writing
that the person to whom such information pertains, gave written consent to the
ensure that public authorities and other legal and natural persons have communicated
the regional branch office of the Office of work, these data.
PART SIX
THE PROVISION OF SOCIO-LEGAL PROTECTION OF THE PERSONS RESPONSIBLE FOR THE
section 48
The performance of the socio-legal protection of the persons responsible for the
(1) the person responsible for providing socially-legal protection on the basis of the
a decision on the credentials for the performance of such activities (hereinafter referred to as "credentials").
(2) the authorized person may, in the social and legal protection
and to carry out activities pursuant to section). 1 (a). ) and section 11, paragraph. 1 (a).
and (c)))
(b)) to carry out action to protect children from harmful influences and
Prevention according to § 31 and 32,
(c)) to establish the socio-legal protection of the equipment referred to in section 39,
(d)) to conclude agreements on the performance of foster care under section 47b,
(e) ensuring the preparation of applicants) to take over the mediation of adoption
or foster care to adoption of the child in the family [§ 19a, paragraph 1, point (a).
(c))], which otherwise provides, the regional authority (section 11 (2)), to perform the
preparation of applicants for adoption or foster care mediation and
provide expert advice and assistance to these applicants and to provide
natural persons suitable to become adoptive parents or guardians, and osvojitelům
or a home consultancy assistance related to the adoption of a child or
entrustment of the child into foster care,
(f) provide care, the person) which have concluded an agreement on the performance of foster
care (section 47b), educational and consulting care in the performance of foster care and
monitor the performance of foster care; If a person looking for this service
request, the designated person is obliged to educational and consulting care
provide,
(g) the search for a natural person) appropriate to become adoptive parents or guardians, and
notify the municipal office municipality with extended powers,
(h)) to retrieve the children referred to in section 2 (2). 2, which is the need to provide care
the replacement family environment in the form of foster care or adoption, and
notify the municipal office municipality with extended competence.
(3) the authorized person shall not be entitled to exercise social and legal protection in the
another scale than is provided in paragraph 2.
(4) persons who are involved in the performance of the activities referred to in paragraph 2
(a). (e)), are obliged to meet the requirements of professional competence referred to in §
49A, paragraph. 2 (a). and (b))). In the event that the person does not fulfil the conditions referred to
in the first sentence, are required to prove the practice in the field of substitute family
the care of at least 2 years and to undergo accredited training courses
for social workers, according to the law on social services ^ 65)
a minimum of 200 hours.
section 49
The issue of the credentials of the
(1) concerning the credentials of the regional authority decides, if not for the deciding
the relevant credentials of the Commission under section 38, paragraph. 2 (a). and).
(2) a condition for the issuance of credentials
and the submission of a written request,)
(b)) demonstrate competence for all persons who will be
the socio-legal protection of the right to grant, proof of their
their education and present a list of their previous employment, and
other work activities; proof of professional competence and
presentation of the said list shall not apply to the persons referred to in § 49a
paragraph. 5,
c) integrity
1. all natural persons who are socially-legal protection
provide,
2. a legal person that will provide social and legal protection,
d) ensure adequate sanitary conditions for the exercise of
the socio-legal protection of proven authorized protection authority
public health, if the credentials for the establishment and operation of the equipment
social and legal protection referred to in § 39, paragraph. 1 (a). b) to (d)),
(e) the ownership or exploitation right) to the object or areas in which the
provided by the socio-legal protection, proven by a relevant document,
(f) the necessary material and technical) terms and conditions for the provision of
social and legal protection and operation of the social and legal protection of the equipment,
(g)) the presentation of an annual report on the activities and management, and if the designated
the person does not issue an annual report, the submission of other evidence that
contains a description of its activities and management rules.
(3) for the purposes of deciding the issue of the Regional Office's credentials or the Commission
will require the expression of local authority municipalities with extended competence, in whose
the perimeter of the applicant has permanent residence or domicile, registered office or head office
organizational folder, and in the event that the applicant operates in the administrative
the circumference of the other local authority municipalities with extended competence than
permanent residence or registered office, also require the municipal
the Office. Municipal Office municipality with extended competence is expressed, in particular, to the
the current activity of the applicant.
(4) the request for extradition must contain credentials in addition to
laid down in the administrative regulations of the
and legal persons) for proof of entry in the appropriate public register
According to the specific legislation of the ^ 45), if it is in the public register
registered,
(b) in the case of natural persons) of the social security number,
(c) the provision of socio-) the scope of legal protection and a detailed description of the
the activities, which are asking for the release of the credentials
(d)) instead of the performance of social and legal protection,
e) name, surname and birth number of all natural persons who are
the socio-legal protection of the right to provide,
(f) an extract from the register similar) criminal records held in the States, in
which
1. in the last 3 years of natural person resided continuously for longer
than 3 months,
2. a legal person has its registered office or in the last 3 years at least
3 months pursued an activity or should headquarters;
This document must not be older than 3 months.
(5) the credentials shall be issued if the applicant furnishes proof that he meets the conditions referred to in
paragraph (2). In the event that the applicant is requesting the release of credentials to the establishment and
operation of the device the socio-legal protection, which must be established in
the circumference of another regional office, the regional office shall be obliged to ask for the release of
binding of the opinion referred to in paragraph 7 of the regional office, in whose district has
be established. In a decision on the credentials, specifying a range
provided by the socio-legal protection and where it can be
the activities carried out. If it is a decision that the person entrusted to
the establishment and operation of the device the socio-legal protection, with the exception of the
educational recreational camps for children, the decision to name and
the address of the registered office of the device for which the credential is issued.
(6) the regional office or the Commission also decides to change the credentials for
providing social and legal protection,
and if a person wants to) carry out any other activity than is
activity for which it has been issued credentials,
(b)) if he wants to exercise social and legal protection to a place other than
It is stated in the decision on the issuance of credentials.
(7) in case the person wants to set up a new device
social and legal protection or other workplace of the same device
social and legal protection in the periphery of another regional office, decides
Regional Office about changing the credentials or the release of a new mandate for the performance of
social and legal protection on the basis of a binding opinion of the regional
the authority in whose area the equipment or workplace is to be established. Binding
the opinion of the regional office shall be given in particular to the needs of the
providing social and legal protection in the various types of equipment
social and legal protection on the territory of the region, taking into account the other
equipment intended for the provision of care and assistance to children in the territory of the region.
On the issue of the credentials of the extension or modification of the execution of the socio-legal
protection shall apply, mutatis mutandis, paragraphs 2 to 4.
(8) for the good for the purpose of issuing credentials to be considered as a natural person and
legal person, that have not been sentenced for an intentional crime
performance or been convicted of a criminal offence committed by the
negligence in connection with carrying out comparable activities with
the activities undertaken in providing social and legal protection; If
against the applicant or the natural persons that are in the application for the issue of
the credentials listed as physical persons, which will be directly socio-legal
provide protection, guided by the prosecution for the offence referred to in
part of the sentence before the semicolon, the proceedings on the issue of credentials is broken, and it
until the final decision in the criminal proceedings. For
the purpose of the proof of the integrity of the Regional Office's or municipal office municipality with
extended jurisdiction, if it is to decide on the appropriate credentials
the Commission, pursuant to section 38, paragraph. 2 (a). and requests from the listing), registration of the register
penalties under special legislation. The request for the release of the statement, and
extract from the criminal record shall be transmitted in electronic form, and
This means that allow remote access.
(9) the designated person may exercise the socio-legal protection, if before
the start of the performance concluded the insurance contract for the case
liability for damage caused by the performance of social and legal protection.
The insurance must be arranged for the entire period during which the designated person
the socio-legal protection under this Act provides. The designated person
shall, within 15 days from the date of conclusion of the insurance contract, send her
a copy of the authority that issued the credential.
(10) the person is required to
and notify the authority) decided to change the facts of the credentials
decisive for the issue of the credentials or the suspension of the activities referred to in
credentials, and within 15 days from their creation,
(b)) lead the records of their activities related to the provision of
social and legal protection to the extent corresponding to their credentials and
to submit, upon request, the authority that decided on the issue of the credentials
(c)) to develop for the calendar year an annual report on its activities in
social and legal protection, or other document that contains a description of
activities and management rules, if the annual report is not issued, and
send it no later than 30 June 2005. June of the following calendar year
the authority that decided on the issue of credentials; the annual report can be
published to the extent and under the conditions laid down in section 57, paragraph. 2,
(d)) to announce the date and venue of the educationally recreational camp for children
the competent authority of the socio-legal protection not later than 1 month before the
the start of its venue.
(11) the authorities, which have issued credentials are required to communicate to the Ministry of
information about which natural or legal persons has the credentials
released, or natural or legal persons to whom accreditation has been
withdrawn and for what reasons. This obligation are authorities which issued
the credentials required to meet within 8 days from the date of the decision of the
the issue of credentials or his withdrawal. The Ministry leads based on these
the data records of the authorised persons. The Ministry provides for the purposes of
decisions on credentials the credentials shall be issued by the authorities, data from this
evidence, even in electronic form in a way that allows remote
access.
(12) the authority which decided on the issue of credentials, is entitled to check
the performance of the socio-legal protection of the authorized persons. Permissions check
the performance of the social and legal protection in accordance with the first sentence also has a regional office in
the area is the location of the seat of the socio-legal protection of the device or in the
whose circumference carries out activities related to the designated person
social and legal protection. This regional office is obliged to inform the
the facts found during the checking of the regional authority which is competent to
the issue of credentials.
§ 49a
The competence for providing socially-legal protection responsible for the
persons
(1) the socio-legal protection of persons may directly provide the acquired
professional competence.
(2) the professional qualifications for the purpose of providing social and legal protection
mandated persons shall mean the
and duly completed university degree) in study programmes in the
the area of pedagogical and social sciences, focusing on social care,
social policy, social work, education, law, psychology,
education or nursing, and in the field of medicine aimed
in General, and children's medicine,
(b) a duly completed study in) training programmes carried out
higher vocational schools in the field of social work, education, charity
and social care, charity and social activities, socio-legal activities
Double-subject study of pedagogy and theology and completed studies for
Graduate nurse or a duly completed graduation studies in
These fields,
(c)) in education which is required for obtaining a certificate of
special professional competence in the field of social and legal protection in accordance with
^ special legal regulation 45b), and the practice of at least 1 year,
or
d) passing the accredited training courses for social
workers according to the law on social services ^ 65) in the range of at least 200
hours and practice in the area of family and child care for at least 2 years,
in the case of persons who
1. duly completed university or higher vocational education in other
the area of study or in the same field of study, but in a different focus than
mentioned in subparagraphs (a) and (b)))
2. have reached the middle or elementary education, or
3. completed preparation for volunteers organised by the broadcasting
the Organization, which has been granted accreditation by the Ministry of the Interior in accordance with
special legal regulation ^ 45 c), if the preparation focused on
assistance in the care of the children, youth and the family in their spare time.
(3) the competence evidenced by proof of graduation and
confirmation of professional practice, which shall be issued by the authorities or persons
which training is performed.
(4) the recognition of professional qualifications and experience or other eligibility
which nationals of European Union Member States or their
members of the family ^ 45 d) acquired in another Member State of the European Union,
proceed under special legislation ^ 45a).
(5) The direct provision of social and legal protection also may participate in the
persons who have not acquired the competence, if this activity
exercise under the supervision of a technically competent person and it's not about providing
counseling children, parents or other persons responsible for the education of
the child, osvojitelům, foster children and those interested in the adoption of a child or
admission into foster care. The persons referred to in the first sentence are required to
get the professional competence referred to in paragraph 2 within a period of 2 years from the start of
the direct provision of social and legal protection. In the period of 2 years
not the time during which a person without competence directly to the
the provision of socio-legal protection of maternity leave.
section 50
The withdrawal of the credentials
(1) the authority of the social and legal protection, which issued the credentials, shall decide on the
the withdrawal of the credentials
and if requested) the designated person of the revocation of credentials,
(b) if the person was in charge of) been imposed penalties for administrative
the offence referred to in section 59 until 59k in the case of particularly serious
violation of obligations,
(c)) if the designated officer shall not exercise the activity, to which it was issued
credentials, and this fact has not notified within the time limit [§ 49 paragraph 10
(a). and)],
(d) If, after the notice of) the suspension of the activities of the designated person in the period 1
year from this notice again started the activity for which it was issued
credentials, to perform, or
(e) if the designated person has) been convicted of an offence
referred to in section 49, paragraph. 8.
(2) if the credentials have been withdrawn pursuant to paragraph 1 (b). b) to (d)), the
natural or legal person again ask for credentials only after two
years from the date when the decision on the withdrawal of credentials acquired power.
(3) the authority that it has withdrawn the credentials is required to ensure the care of children,
establishing a person responsible for providing socially-legal protection, if it is not
ensure in any other way.
PART SEVEN
INSPECTION PROVISION OF THE SOCIO-LEGAL PROTECTION
§ 50a
Inspection provision of the socio-legal protection carried out by the authorised persons
the Regional Branch Office work. The subject of the inspection is the quality of the provision of
the socio-legal protection of fixed quality standards of socio-legal
the protection. For this inspection procedure shall apply mutatis mutandis to the provisions of the law on
social services ^ 65) about how to perform an inspection of the social
services.
PART EIGHT
COMMON PROVISIONS
section 51
The obligations of the social and legal protection in data communication
(1) the authorities of social and legal protection, the Commission and the Advisory Councils are required to
to communicate to each other the information from the register and the file of the documentation that
lead, and to the extent necessary for the requirements of those authorities.
(2) the Authority for social and legal protection, which provides adoption or
foster care, keeps records of children and the registration of applicants and in
electronic form in a way that allows remote access to other
authorities of the socio-legal protection of intermediary adoption or
foster care under this Act.
(3) Municipal Office on demand
and Court reports) the emoluments of the child, in which the Court of
educational measures,
(b) the Court of the appropriate person) it is recommended to become the guardian and this
recommendation Announces obecnímuúřadu shtetls,
(c) Municipal Office) provides municipalities with extended competence of the report on the conditions at the
of the child,
(d) the public prosecutor's Office) provides reports about the circumstances of the child, for which the
the Court on the proposal of the public prosecutor in the civil proceedings order
protective upbringing under special legislation ^ 29).
(4) the local authority municipalities with extended competence on demand
and Court reports) the emoluments of the child, in which the Court of
educational measures,
(b) the public prosecutor's Office) provides reports about the circumstances of the child, if the
the prosecution conducted pursuant to special legal regulation 29) ^ ^
proceedings relating to the child,
(c)) provides regional authority and the Ministry of file documentation
led by children and generalized information and aggregated data, which gets
in its activities, with the exception of the name of the data
(d) the authorized person) provides the data necessary for the provision of
the socio-legal protection of such persons, and social service providers
the services of the information necessary for the provision of social services,
(e) may provide the necessary data) the provider of health services.
(5) the authority of the social and legal protection is required to
and provide on request)
1. Court and administrative authority the information necessary for civil court proceedings and
administrative proceedings,
2. the authority of the law in criminal proceedings of the information needed for criminal proceedings,
3. social security body, authority, assistance in material need and the authority
State social support data needed for decision-making on social
doses, and to the extent appropriate to the needs of the proceedings before the
authorities,
4. the regional branch office of the Office of labor management and data necessary for the authorisation
the performance of the activities of the child under special legislation ^ 47a)
5. the regional branch Bureau of labor data necessary for submission of the proposal of the Court
on the determination of maintenance obligations and the proposal on the enforcement of the decision, in the case of maintenance
the children into foster care or předpěstounské care,
6. the device referred to in section 29. 1 information on the circumstances in the family
a child who has been placed into this device, based on the decision of the
the Court, and if this child foster care or zprostředkovávána
adoption, whether or not the information about how this mediation,
7. the prison in which the youthful carries a prison sentence of information
necessary to achieve the purpose of punishment,
8. intervention Center data, which has the authority for social and legal protection
the person at risk of violent behavior for the purpose of providing assistance to this
the person of the intervention centre according to the law on social services ^ 65),
9. the municipal police of the information to the extent necessary for the performance of the duties of the municipal
the police;
(b) the authority of the law) in criminal proceedings, report the facts to suggest
the fact that the child has been committed the offence, or ^ 48) that the child was
used to commit the offence, or that violence occurs between
parents, other persons responsible for the upbringing of the child and other
natural persons in households occupied by a child, or that is not
obligation to pay maintenance to the child;
(c)) provide the probation and mediation service, on request, information in the
extent necessary for criminal proceedings;
(d) notify the Regional Branch Office) work, which allow performance art,
cultural, sporting or advertising activities of a child under a special
the law ^ 47a), the facts justifying the initiation of
the ban on the activities of the child; authority of the socio-legal protection is also required to
monitor whether the remedy;
(e)) provide the Ombudsman the information requested when
the investigation by a special Act.
(6) the register kept under this Act, are information systems
public administration ^ 47b).
section 52
(1) the staff in the institutions of social and legal protection, employees of the County
inclusion in the regional office, the employees of the municipality of inclusion in the municipal
the Office and the staff of the municipality with extended competence of inclusion into the municipal
the Office shall be entitled to in connection with the fulfilment of the tasks pursuant to this Act
visit the child and the family, which lives in the dwelling and investigate in the site
residence of the child, in the school and in the school facilities, equipment
provider of health services, in employment or in another environment,
where the child resides, as parents or other persons responsible for the education of
the child of the child care, the social conditions in which the child lives, and what
the child's behavior.
(2) the staff in the institutions of social and legal protection, employees of the County
inclusion in the regional office, the employees of the municipality of inclusion in the municipal
the Office and the staff of the municipality with extended competence of inclusion into the municipal
the Office shall be entitled to edit video images and video and audio
records of the child and the environment in which the child resides, if this is necessary for the
the purpose of the protection and the staff of the municipality with extended competence inclusion in
the Municipal Office of the rights of the child. ^ 49)
(3) the staff in the institutions of social and legal protection, employees of the County
inclusion in the regional office, the employees of the municipality of inclusion in the municipal
the Office and the staff of the municipality with extended competence of inclusion into the municipal
the Office held an activity referred to in paragraphs 1 and 2, on the basis of the Special
permission issued by that authority stating the name, where applicable,
name and surname of the employee and the employer and title defined activities,
You can engage.
section 53
The obligations of the State authorities, other legal entities and natural persons and
authorised persons
(1) on the challenge of social and legal protection authorities are
and State authorities)
(b)), employers,
(c)) for more legal persons, in particular the providers of health services,
school, school, and other similar equipment,
(d)) of the natural person, if they are the providers of health services or
the founders of schools and other facilities referred to in subparagraph (c)),
(e)) of the authorized person,
f) providers of social services,
required to communicate free of charge the information needed under this Act for
providing social and legal protection, or for the purpose of deciding on the issue of
credentials, unless specific legislation. The obligation to maintain
discretion under special legislation ^ 49a), cannot be invoked
If they are to be informed of the details of the suspected abuse, the abuse of a child
or of the neglect of care of him. If, however, the information concerning the
the health status of the requested authority of the social and legal protection, applies to
payment of health services special legislation. ^ 50)
(2) Parents are required to
and cooperate with the authorities) of the social and legal protection in the protection of the interests and
the rights of the child,
(b) to call the competent authority) the socio-legal protection of the pilgrims
personal discussions, to submit documents and other documents and provide
the necessary information, if they are needed for the performance of social and legal protection,
(c)) to allow, under the conditions referred to in section 52, paragraph. 3 visit the employee
the authority for social and legal protection and an employee of the municipality with extended
the competencies listed in the municipal office in the dwelling, or in another
environment where the child lives, if it is necessary for the protection of life or
the child's health or for the protection of his rights.
(3) the obligations referred to in paragraph 2 shall apply, mutatis mutandis, to other persons
responsible for the upbringing of the child.
(4) for the purposes of adoption or foster care are
applicants for adoption or custody of the child to foster care
in the framework of vocational assessment under section 27 to submit to an examination
the State of health, to provide the information on their State of health and to disclose the name of the
and address of the provider of health services, in whose care they are.
(5) the parents or other person responsible for the upbringing of the child, the authority may
the socio-legal protection of save fined up to 20 000 CZK
to comply with the obligation referred to in paragraph 2 (a). and (c)).) The fine can be
Save repeatedly. The fine can be stored up to 6 months from the date when the
the obligation breached. Income from fines is the income of the State budget.
§ 53a
(1) the Ministry is the administrator of the information system of socio-legal
the protection of children, which contains data
and the foster care) and their level of applicants for these benefits and
the recipients of these benefits,
(b)) on applicants for adoption or foster care mediation and
children included in the register of children for adoption or mediation
foster care,
(c)) of the persons in the register.
All data that are kept in the information system of socio-legal
the protection of children, are part of the single information system of work and
Social Affairs ^ 66).
(2) the Ministry shall communicate the information system of social and legal protection
the children of the information referred to in paragraph 1 (b). and the regional branches of the Office work)
in connection with the management of foster care, and to the extent
necessary for decision-making and the provision of foster care.
(3) the Ministry tells of the information system of social and legal protection
the children of the information referred to in paragraph 1 (b). (b)), and (c)), regional authorities and municipal
the authorities of municipalities with extended powers, and to the extent necessary for the performance of
of their duties under this Act, in the field of substitute family care,
intermediation of adoption and foster care, foster care on the
transitional period and foster care.
(4) the regional branches of the Office work, the regional offices and the municipal authorities of municipalities with
extended jurisdiction are entitled to process the data needed for
carrying out their duties under this Act, and in electronic form
in a manner enabling remote access, and at the same time providing protection
of personal data. The regional branch office of work, regional authorities and municipal
authorities of municipalities with extended powers are obliged to ensure the imposition of all the
data from the information system, which has been obtained on the basis of processing
the data referred to in paragraph 1, and all the documents and files relating to
been completed administrative procedures for foster care after
a period of 15 calendar years following the calendar year in which the
There was a final termination of such administrative proceedings or to
the last saved data in the information system.
(5) the Ministry of the Interior or the police of the Czech Republic provides
the Ministry and the institutions of social and legal protection for the performance of State administration
in the field of social and legal protection
and data from Basic) reference population register,
(b)) the data from the agendového information system of the population register,
(c)) the data from the agendového information system for foreigners,
(d) the data from the registry) of the social security numbers of natural persons, which was
assigned a social security number, but they are not kept in information systems
referred to in subparagraphs (a) (b)) and (c)).
(6) Provided the information referred to in paragraph 1 (b). and) are
and last name)
(b) the name or names),
(c) the address of the place of stay)
(d)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, the place and the State where he was born,
(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory
The Czech Republic, the date of death, place and the State on whose territory the death
has occurred; If the decision of the Court on the declarations for the dead, the day
that is the decision given as the day of death or the day that the body
data declared dead survived, and the date of the entry into force of this
the decision,
(f) citizenship, where applicable) more state citizenship.
(7) Provided the information referred to in paragraph 1 (b). (b))
and, where applicable, names) the name, surname, or their amendment, native
the last name,
(b) the date of birth),
(c) gender and its change),
d) place and district of birth; for a citizen who was born abroad, the place and the
State on whose territory the birth has occurred,
(e) a social security number) and its amendments,
f) citizenship,
g) address of the place of residence, including previous address space
permanent residence,
(h) the onset of permanent residence), where appropriate, the date of cancellation of the data on the place of
permanent residence or the date of their permanent residence on the territory of the Czech
of the Republic,
I) restrictions, mom,
j) social security number, father, mother, or other legal representative; in
If one of the parents or other legal representative does not have a social security number,
his name, where applicable, the name, surname and date of birth,
k) marital status, date and place of marriage changes,
l) social security number of spouse; If the husband is a foreigner who does not have an assigned
social security number, his name, where applicable, the name, the surname of the husband, and the date of its
birth,
m) social security number of the child,
n) for the adoption of a child of the original and a new name, or name, surname
the child, the original and the new child's social security number, date and place of birth
the child's adoptive parents, social security numbers and date of legal effect of the decision on
adoption of a decision on the revocation or adoption of a child,
about) the date, place and County of death; in the case of the death of a citizen outside the territory of the Czech
Republic, the date, place and the State on whose territory the death occurred,
p) a day, that was the decision of the Court on the declarations for the dead mentioned
as the day of death or the date on which the citizen declared dead.
(8) Provided the information referred to in paragraph 1 (b). (c))
and, where applicable, names) the name, surname, maiden name, change
(b) the date of birth),
(c) gender and its change),
(d) the place and State of birth),
(e) a social security number) and its amendments,
f) citizenship,
g) type and the address of the place of stay,
h) number and permission to stay,
and the beginning of the stay, if applicable), the date of their stay,
j) restrictions, mom,
k) administrative or judicial expulsion and the period for which it is not admitted
on the territory of the Czech Republic,
l) marital status, date and place of its changes, the name, or names,
the husband's last name, social security number or date of birth,
m) name, where applicable, the name, the surname of the child, if the child is an alien, and
his social security number; in the case that the social security number was not assigned, date
birth,
n) name, or name, surname of the father, mother, or another
the legal representative, if they are aliens, and their social security number; in
If one of the parents or other legal representative does not have a social security number,
his name, where applicable, the name, surname and date of birth,
about) the date, place and County of death; in the case of deaths outside the territory of the Czech
of the Republic, the State on whose territory the death occurred, or the date of death,
p) a day, that was the decision of the Court on the declarations for the dead mentioned
as the day of death or the date on which the stranger declared dead survivors,
q) for the adoption of a child, which is a foreigner, the original and the new name,
where appropriate, the name, the surname of the child, the original and the new social security number of the child,
date and place of birth, social security numbers and date of acquisition of the adoptive parents
the decision on the adoption of a decision on the revocation of the adoption or
of the child,
r) name, or names, and surname
1. zletilého of a dependent child of a foreigner,
2. minor aliens who had been strangers, or his husband
by decision of the competent authority entrusted to substitute family care, or
that was a stranger, or his or her spouse or whose guardian osvojen
his guardian or husband is a stranger,
3. the lone foreigner aged 65 years or whatever the age of the alien,
which of themselves can take care of himself for health reasons, with respect to
family reunification with a parent or a child, who are aliens,
4. an alien who is the dependent direct relatives in the ascending or
descending line or such relatives of the husband of a citizen of the European Union,
5. the parents of a minor alien and his social security number; in the case of foreigners,
who do not have assigned a social security number, name, or name, last name, and
date of birth.
(9) the information Provided under paragraph 1 (b). (d))
and, where applicable, names) the name, surname, maiden name,
(b)) the day, month and year of birth,
c) place of birth; for physical persons born abroad instead, and the State
birth,
(d)) and his social security number changes.
(10) the data which are kept as reference in the basic
the population register, the use of the agendového information system
registration of the population or agendového information system for foreigners, only
If you are in the shape of the previous status quo.
(11) of the provided data that can be used in a particular case only
such information, which are necessary to fulfil that task.
§ 54
The keeping of registers and the file documentation
Municipal Office municipality with extended competence keeps records of children
and) referred to in section 6,
(b)) which was appointed guardian or guardian.
section 55
(1) of the children included in the register under section 54, leads the local authority of the municipality with
total number of documentation.
(2) the dossier contains the personal information of children, in particular their
parents, data on the educational conditions of these children, the records of the results of
the investigation in the family records of the meetings with the parents or other persons, a copy of the
submission to the courts and other public authorities, the written copy of the decision
the courts of law in criminal proceedings and the administrative authorities.
(3) fill in the documentation can be records on technical media
data, micrographic listings, printed products, optical archiving
the system and printed or photographic products other computing
instead of the original Charter, according to which, if the contents were taken from
the nature of things that you must keep the original or officially
a certified copy of the Charter.
(4) in addition to the file documentation leads the local authority of the municipality with extended
scope and other documents forming the basis for the processing of the file
the documentation. These documents shall not be issued to any authority, natural or
legal person. You can submit only to the Court and the public prosecutor's Office in the
If the data contained therein relate to criminal prosecution.
(5) access to the file of the documentation about the child-led, unless it is a part of the
relating to the administrative procedure, it is entitled to on the basis of a written application
only a parent of the child, which belongs to parental responsibility, or other
the person responsible for the upbringing of the child or their representative on the basis of the
power of Attorney in writing. The blind person will be the contents of the file
the documentation is read and the municipal office municipality with extended competence allows
at the request of that person, to the file looked her escort. Parents
or other person responsible for the upbringing of the child or their representative on the
the basis of a written power of Attorney have the right to access to the file
documentation to amount from it's statements and take a copy of the file for payment
documentation or part thereof; for the determination of remuneration for the acquisition of a copy of the
the file documentation special legislation ^ 50a). On the inspection of
the file documentation does not apply the law on free access to
information ^ 50b). To file documentation regarding the adoption of a child is the
entitled to consult on the basis of a written application, as soon as osvojenec takes
mom.
(6) the information contained in the file documentation relating to the child is the municipal
the Office of the shtetls entitled to use only in the interest of the child
in the provision of social and legal protection. The local authority of the municipality with extended
competence within 15 days from the date the parent or person responsible osvojenec
for raising a child have asked for access to the listed file documentation,
and, that is) the parents or the person responsible for the child's upbringing will allow
look into the file documentation, and shall designate a term for the reference, in this
If the decision is issued, or
(b)) shall decide on the refusal the written application if it would be contrary to the
interest of the child in conflict with the decision of the Court about the confidentiality of the adoption or
If the file from the documentation to find out which natural person
drew attention to the fact, referred to in section 7.
(7) the local authority municipalities with extended competence is required to ensure
Save all of the data contained in the file documentation relating to the
and the child, for a period of) 15 years following the calendar year in which the
disposal of a child has occurred from the register,
(b)) of the child, which was entrusted to the osvojeno or to foster care, for
15 years following the calendar year in which the child has
the age of majority,
(c) the adoption of mediation), or foster care, for 15
years following the calendar year in which you dispose of the applicants
from the register.
(8) for the keeping of records of the regional authority under section 22 and 27 shall apply
the provisions of paragraph 7, mutatis mutandis.
section 56
For the keeping of records on other child social and legal protection authorities and
management of file documentation, local authority of the municipality with extended
scope, such authorities shall apply, mutatis mutandis, to section 55.
§ 57
(1) the staff in the institutions of social and legal protection, employees of the County
inclusion in the regional office, the employees of the municipality of inclusion in the municipal
the authority, the staff of the municipality with extended competence of inclusion into the municipal
the Office and the staff of the facilities of the socio-legal protection are required to
maintain confidentiality of the facts relating to the implementation of the
the socio-legal protection of or in direct connection with the familiar, if
This law provides otherwise. The staff in the institutions
social and legal protection, employees of the County inclusion in the regional office,
employees of the municipality of inclusion in the local authority and the employees of the municipality with
extended powers to the inclusion into the local authority are required to
maintain confidentiality about the person who pointed out the socio-legal institution
protection on the facts referred to in section 7, are obliged to maintain
confidentiality of the place of residence of the parent who was the victim of domestic violence
in a family with a child, and they are also obliged to maintain the confidentiality of any
information about persons, which was entrusted to the care of the child before the adoption, as well as
and the place of residence of such a child. Staff referred to in the first sentence
are obliged to maintain confidentiality in accordance with the first sentence and the second even after
end of the employment relationship. The obligation to maintain confidentiality may be
staff referred to in the first sentence the runaway only, in whose interest
This obligation shall, in writing and stating the scope and purpose.
(2) the obligation provided for in paragraph 1 shall apply mutatis mutandis for authorised persons
and other natural persons, in cooperation with the authorities of the socio-legal
the protection devices and the socio-legal protection of data, to familiarise themselves with which
are the staff referred to in paragraph 1 shall be obliged to maintain confidentiality.
(3) the social and legal protection Authorities are entitled to handle the requested
personal information to the extent necessary for the performance of the tasks referred to in this
the law, and that even if it is a personal data marked by
special legal regulation ^ 50a) as sensitive. Permissions are also
authorised persons, and to the extent and in the manner which is necessary for the performance of
social and legal protection in accordance with the result of the mandate.
section 58
(1) Costs incurred in connection with the performance of social and legal protection,
unless otherwise specified, shall be borne by the State, with the exception of the costs of setting up the
and operation of the facilities of the socio-legal protection, which shall be borne by the founder of this
equipment, and with the exception of the costs incurred by the person in charge of the
connection with the performance of the socio-legal protection.
(2) If a municipality, County or designated person the founder of facilities for children
requiring immediate assistance, is entitled to a State contribution under section 42 g to
42.
(3) the social and legal protection shall be granted free of charge, with the exception of the stay
the child's education and recreation camp, the child in the facility for
children in need of immediate assistance and the management of the assets of the child. ^ 51)
(4) in setting the prices for the stay of the child in educational recreation camp
based on the founder of the special legislation. ^ 40) founded by can
to lay down the conditions under which this price will be the payment of the whole or
in part the request.
section 58a
The scope of the set by the regional authority, the municipal office municipality with extended
scope or municipal authority under this Act are performance
delegated jurisdiction.
section 58b
The enabling provisions
(1) the Government may by regulation to increase the benefits of foster care, if from
the beginning of the month of entry into force of the legislation establishing a valid amount
benefits to the growth of the total consumer price index for households in total
the Czech Statistical Office identified at least by 5%.
(2) the Ministry shall lay down by Decree
and the focus and scope of the evaluation) the situation of the child and his family under section
10, paragraph 1. 3 (b). (c)),
(b) the contents of individual plan of protection) of the child pursuant to section 10, paragraph 1. 3 (b).
(d)),
(c) the content and scope of the) training of individuals of appropriate State,
an adoptive parent or foster parent of the child for adoption to a family in accordance with § 11 (1).
2 (a). and)
(d)) the minimum range of advice, which is the person or the person in care
the register permanently or temporarily provided to ensure personal care
the child entrusted to the care of, and the content, the focus and the way to ensure the raising of
knowledge and skills in the field of education and child care for persons
caregiving and the person in the register.
(3) the Ministry shall determine by Decree the content standards of quality
social and legal protection and their score in the provision
social and legal protection
and) the authorities of the socio-legal protection
(b)) responsible for integrity on the basis of the credentials of the activities referred to in
section 48 paragraph. 2 (a). d) to (f)),
c) devices for children requiring immediate assistance.
PART NINE
ADMINISTRATIVE OFFENCES
TITLE I OF THE
MISDEMEANORS
section 59
(1) a natural person has committed the offence by
and as a person,) where the child is located, will not allow the introduction of a child
by the applicant, pursuant to section 24, paragraph. 3,
(b)) performs without the credentials of the activity referred to in section 48, paragraph. 2,
c) unlawfully, in breach of section 19(a)(1). 2 arrange the adoption or
foster care under section 19a, paragraph. 1 (a). (d)),
(d) fails to comply with an obligation under section) 10a, paragraph. 2 notify the municipal office municipality with
extended jurisdiction that has taken over into the care of a child with the intent to adopt
It is in the care of a permanent,
(e)) make it more difficult or upbringing of the adopted child of the adopter's care disclosure or
by extending the data inconsistent with the decision of the Court about the confidentiality of adoption;
(f)) undermined the performance of protective upbringing of the child or interferes with the child's education
entrusted to the care of persons other than the parents or in foster care,
(g)) as the person responsible for the child leaves the child without proper supervision
appropriate to his age, intellectual maturity, or health
the State, and that is the issue the risk of serious personal injury, or as a result of
of the child causes injury to another person or damage to foreign property
not a tiny,
(h)) to apply the baby inappropriate educational resource or restrictions,
I intentionally makes it difficult or frustrating) the performance of the decision of the local authority of the commune with
extended jurisdiction on educational measures under section 13 (3). 1,
j) exploits a minor child to physical work disproportionate to its age
and the degree of body and reason of development.
(2) for the offence referred to in paragraph 1 (b). and), b), (d)) to (j)), you can save
a fine of up to 50 000 CZK and the offence referred to in paragraph 1 (b). (c)) to a fine of
200 000 Czk.
§ 59a
(1) the parent or other natural person responsible for the upbringing of the child,
commits an offence by
and the obligation to make use of support fails) Advisory assistance or to participate in the
the first meeting of the registered mediator or family therapy, of which
Save decided the socio-legal protection of the authority under section 12 or section 13,
(b)) assume the child when his return from abroad in accordance with § 36 odst. 3,
Although it does not prevent a fatal obstacle, or
(c) fails to notify the municipal office) municipalities with extended competence transfer of the child
to the care of the prospective adoptive parents under section 823, paragraph. 1 of the civil code.
(2) for the offence referred to in paragraph 1 may be to impose a fine up to CZK 20,000.
section 59b
(1) a natural person as a person commits the offence by
and) exceeds the scope of socio-legal protection set out in the mandate or
carries out socio-legal protection in conflict with the conditions set out in section
49 or breach of an obligation set out in this credentials
(b) violates the rights of children) living in the establishments of the socio-legal protection or
fulfilling the obligations necessary for their protection in the exercise of socio-legal
within the scope of protection of the socio-legal protection set out in the mandate,
or
(c) serious breach of hygiene and) protiepidemiologické the rules or these
the legislation violates consistently.
(2) for the offence referred to in paragraph 1 (b). and (b))) and can be fine to
200 000 CZK and the offence referred to in paragraph 1 (b). (c) a fine of up to 50 000)
CZK.
§ 59c
(1) a natural person as the person responsible for the constitutional device or
facilities for children in need of immediate assistance, which is not a legal
a person or a commercial plant, the entrepreneurial natural persons, committed
an offence that does not ensure that such equipment fulfils the obligations
pursuant to section 29. 6.
(2) for the offence referred to in paragraph 1 may be to impose a fine of up to 50 000 Czk.
§ 59d
(1) a natural person as a provider of health services, founder
school, school, or other similar devices, or as responsible for
a person commits a misdemeanor that does not comply with the obligation to provide free of charge
the data required for the provision of social and legal protection, or for the purposes of
deciding on the issue of the mandate under section 53, paragraph. 1.
(2) for the offence referred to in paragraph 1 may be to impose a fine of up to 50 000 Czk.
section 59e
(1) a natural person as a person or as a person responsible for
school, school equipment or other equipment intended for children, which is not
a legal person or a commercial plant, the entrepreneurial natural persons
committed misconduct that does not comply with the obligation under article 10, paragraph 1. 4
without undue delay notify the municipal office municipality with extended
competence, that she had learned about the child referred to in section 6, to which the
the focus of social and legal protection, or does not ensure that this obligation
meet the school, school equipment or other equipment intended for children, for
that is responsible.
(2) for the offence referred to in paragraph 1 may be to impose a fine of up to 50 000 Czk.
TITLE II
ADMINISTRATIVE OFFENCES OF LEGAL PERSONS AND NATURAL PERSONS-ENTREPRENEURS
section 59f
(1) a legal person or a natural person-entrepreneur commits an administrative
tort by
and as a person,) where the child is located, will not allow the introduction of a child
by the applicant, pursuant to section 24, paragraph. 3, or
(b) fails to comply with an obligation under section) 10a, paragraph. 2 notify the municipal office municipality with
extended jurisdiction that has taken over into the care of a child with the intent to adopt
It is in the care of the permanent.
(2) a legal person commits misconduct by
and without credentials) performs an activity referred to in section 48, paragraph. 2, or
b) unlawfully, in breach of section 19(a)(1). 2 arrange the adoption or
foster care under section 19a, paragraph. 1 (a). (d)).
(3) for the administrative offence referred to in paragraph 1 and paragraph 2 (a). and) saves
a fine of up to 50 000 € and for the administrative offence referred to in paragraph 2 (a). (b))
a fine of up to 200 000 Usd.
section 59
(1) Legal or natural person-entrepreneur as a person
committed misconduct by
and) exceeds the scope of socio-legal protection set out in the mandate or
carries out socio-legal protection in conflict with the conditions set out in section
49 or breach of an obligation set out in this credentials
(b) violates the rights of children) living in the establishments of the socio-legal protection or
fulfilling the obligations necessary for their protection in the exercise of socio-legal
within the scope of protection of the socio-legal protection set out in the mandate,
or
(c) serious breach of hygiene and) protiepidemiologické the rules or these
the legislation violates consistently.
(2) for the administrative offence referred to in paragraph 1 (b). and (b))) saves a penalty to
200 000 Czk and for administrative offence referred to in paragraph 1 (b). (c) a fine of up to 50)
USD.
section 59 h
(1) Legal or natural person, operating as a constitutional device or
facilities for children in need of immediate assistance committed by the administrative
tort, that the breach of an obligation under section 29. 6.
(2) for the administrative offence referred to in paragraph 1 shall be imposed of up to 50 000 Czk.
section 59i
(1) Legal or natural person, operating as an employer,
school, school or other similar devices, the provider of the health
services or as a person or as a provider of social
Services committed misconduct that does not comply with the obligation to provide
free of charge the information necessary for the provision of social and legal protection or
for the purposes of deciding the issue of credentials in accordance with § 53 paragraph. 1.
(2) for the administrative offence referred to in paragraph 1 shall be imposed of up to 50 000 Czk.
section 59j
cancelled
§ 59k
(1) Legal or natural person-entrepreneur as a person or
as a school, educational facility or other similar device, or
provider of health services designed for children is committed by the administrative
tort that does not comply with the obligation under article 10, paragraph 1. 4 without undue
delay notify the municipal office municipality with extended powers, that the
Learn about the child referred to in section 6, which focuses on socio-legal
the protection.
(2) for the administrative offence referred to in paragraph 1 shall be imposed of up to 50 000 Czk.
TITLE III
COMMON PROVISIONS
§ 59 l
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the amount of the fine, the legal person shall take into account the seriousness of the
the administrative tort, in particular to the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) liability of legal persons for the administrative offence shall cease, if the
the administrative authority about him has commenced proceedings to 1 year from the date on which it
However, at the latest, within 3 years from the day when it was committed.
(4) The responsibility for acts that occurred during the physical business
^ 52 persons) or in direct connection with the applicable provisions of the Act
on the liability of legal persons and sanctions.
(5) administrative offences under this law in the first instance hearing
and) authority of the socio-legal protection of the applicant to register
of the applicants, in the case of an administrative offence under section 59 paragraph. 1 (a). and) or
pursuant to section 59f, paragraph. 1 (a). and)
(b)), the regional authority which would be competent to issue credentials, or if the
would be relevant to the issue of the credentials Commission, municipal office municipality with
extended powers, which the Mayor has set up a Commission, with respect to the administrative
offence under section 59 paragraph. 1 (a). (b)) or section 59f, paragraph. 2 (a). and)
(c)), the competent regional authority in the place of residence of the child, if the
administrative offence under section 59 paragraph. 1 (a). (c)) or under section 59f, paragraph. 2
(a). (b)),
d) Municipal Office municipality with extended competence competent according to the place of
residence of the child, as regards administrative offence under section 59 paragraph. 1
(a). e) to (j)), section 59 and paragraph. 1 (a). and, section 59a of the paragraph). 1 (a). (b)) § 59c
paragraph. 1 or section 59 h of paragraph 1. 1, if the Commission has not been established for the performance of
the scope of the transferred by a special Act ^ 67),
e) Regional Office, which issued the credentials, the regional office, in whose district has
the seat of the socio-legal protection of the facilities operated by an authorised person,
or municipal office municipality with extended powers, which the Mayor has set up a
the Commission, which has issued credentials, as regards administrative offence under section 59b
paragraph. 1 or section 59 paragraph. 1,
f) authority of the social and legal protection, in respect of which an obligation is to be fulfilled,
If they are not to discuss the administrative tort the competent authorities referred to in points
and (e)).)
(6) the Fines collected by the authority of the socio-legal protection, which is saved.
(7) in the collection and enforcement of fines imposed by the
special legal regulation ^ 52a).
PART TEN
MANAGEMENT AND LOCAL JURISDICTION
section 60
(1) the request pursuant to § 21. 2, § 47v and under section 49 shall be submitted to the
the form prescribed by the Ministry.
(2) if under this Act for filing or other Act established
form, you can make a submission or other Act also
and, with the consent of the competent authority) the socio-legal protection of the
computer report that has the information, the content and the arrangement of data consistent with the
in the prescribed form,
(b) in electronic form) signed by an advanced electronic signature
based on a qualified certificate issued by an accredited
the provider of certification services ^ 68), if the nature of the submission
or other action that may be made in electronic form;
the competent authority of the socio-legal protection is required to publish these
forms in electronic format, and is obliged to these forms
publish on the portal of the public administration always ^ 69), if the Ministry of
the form is published in electronic form.
section 61
The local jurisdiction
(1) the jurisdiction of the regional office, the municipal office municipality with
extended powers and the local authority are governed by place of residence
the child, unless otherwise specified.
(2) the jurisdiction of the regional office shall be governed by
and place of residence) of the natural person, who is interested in becoming a
an adoptive parent or adopted child into foster care, if the cases
referred to in section 11 (1). 2 (a). and), section 22, section 24, paragraph. 2 and 3, section 24b, paragraph. 1
and 3, § 24 c, paragraph. 1 (a). (b)), and (c)), section 24 c of paragraph 1. 3 and section 27,
(b)), the place of residence of a natural person suitable to become an adoptive parent or
foster parent and the place of residence of the adoptive parent or legal guardian, if the
the cases referred to in section 11 (1). 2 (a). (b)),
(c)) the place where the object is located or the premises in which it is operated
facilities for children in need of immediate assistance, if the State contribution
for the founder of this device,
d) place of residence or seat of the assignee, with respect to the issuance,
the extension or modification of the mandate under section 49 or withdrawal of the mandate under section
50,
(e)) the place where the object is located or the premises in which it is to be
provided by the socio-legal protection of and operated equipment
social and legal protection, if the opinion referred to in section 49,
(f) the place of residence of persons) classified in the register of foster parents to
transitional period.
(3) the jurisdiction of the municipal office municipality with extended powers
be governed by the
and) the place where the child is located, if the child is referred to in section 10a of the paragraph. 1,
§ 15 paragraph. 2, § 16 and § 37, paragraph. 2,
(b)) the place of residence of a natural person, who is interested in becoming a
an adoptive parent or adopted child into foster care, if the cases
referred to in section 11 (1). 1 (a). (d)), section 20 (2). 1, § 21. 1 and § 27a
paragraph. 2,
(c)), the place of residence of a natural person, with respect to the cases referred to in §
30 paragraph. 5,
d) place of residence of a natural person concludes an agreement on the enforcement of
foster care or to which directed the administrative decision.
(4) the jurisdiction of the municipal office shall be the place where the child
located, in the case of a child referred to in section 10, paragraph 1. 1 (a). and, § 15 paragraph). 1 and
section 37, paragraph. 1.
(5) the Commission is governed by the Local jurisdiction of the place of residence or registered office
the assignee, with respect to the issue of credentials in accordance with section 38, paragraph. 2 (a). and)
or withdrawal of the mandate under section 50.
(6) the jurisdiction of the regional branches of the Office work, if the
decisions on foster care is governed by the place of permanent residence
caretakers and persons in the register and in the case of a person who has
the age of majority is entitled to payment of the allowance to the needs of the child or on the post
in their foster care of a local jurisdiction County Branch
Office work governed by the place of residence of the person; in the case of physical
the person referred to in section 47 ° paragraph. 1 (a). h) is governed by the local jurisdiction
place of residence on the territory of the Czech Republic, and if the local
the jurisdiction thus determine the territorial jurisdiction is governed by the place of the registered office
employer or place of business of that person in the territory of the Czech
of the Republic.
section 62
(1) if the municipal authority municipality with extended powers appointed
the guardian of the child for the procedure, which takes place in a court other than the
court competent according to the place of residence of the child, is the municipal office
municipalities with extended competence shall be entitled to ask the local authority of the municipality with
extended powers, in whose district the Court discussed the matter,
the representation of the child and to cede him the file of the child together with the documentation
their opinion. Requested municipal office municipality with extended competence is
obliged to comply with the request, and shall be entitled to a child control in a represented.
(2) if the guardian is appointed, the Office may request the municipal office municipality with
extended powers, in whose district the Court discussed the matter,
the representation of the child and to cede him the necessary file documentation
with their opinion. Requested municipal office municipality with extended competence
is obliged to comply with the request, and shall be entitled to a child control in a represented.
(3) the authority of the socio-legal protection of the jurisdiction under section 61, that has
visit the child in the family, or for the purposes of socio-legal protection make
the investigation of other persons shall be entitled to ask for the execution of such visits
another body of social and legal protection, in whose district the child or other
the person is located. The socio-legal protection authority is obliged to request
to comply with the.
(4) the local authority municipalities with extended competence, which has territorial jurisdiction
under section 61, is entitled to ask the local authority of the municipality with extended
competence, in whose area the parent of a child is located, for
synergy when mediation assistance advisory facilities for parents,
the child was placed in the equipment for the performance of institutional care (§ 12
paragraph. 2.) Requested municipal office municipality with extended competence is required to
to comply with the request.
(5) paragraphs 1 to 4 shall apply mutatis mutandis for the participation of the municipal office municipality with
extended jurisdiction, if the criminal proceedings against the child or
the Board of management, whose child is a participant.
section 63
cancelled
section 64
(1) a party to proceedings in the inclusion in the register of applicants for
intermediation of adoption or foster care is the only applicant.
(2) for the issuance of a decision on the inclusion in the register of applicants (article 22, paragraph 5,
and 6, § 25 paragraph. 3) do not apply the provisions of the administrative procedure relating to time limits for
the release of the decision. ^ 54) in proceedings for the issue of consent to the adoption of a child to
abroad [section 35 (2) (a). i)] are not the parents of the child of the parties,
If they were not even in control of adoption.
(3) an appeal against a decision on the amount of the contribution for the payment of the stay and care
under section 42b to 42f does not have suspensory effect.
PART ELEVEN
TRANSITIONAL AND FINAL PROVISIONS
section 65
Transitional provisions
(1) register and the dossier relating to the social and legal protection
led by a child before the effect of the Act shall be deemed to register and
the file documentation in accordance with this Act. The district authorities and municipalities are
shall, not later than 9 calendar months from the effective date of this
the law register and fill in the documentation relating to the socio-legal
Add protection and adapt to the requirements of this Act.
(2) legal and natural persons, which, at the effective date of this law
providing social and legal protection on the basis of the existing regulations and in
extent appropriate to this law, shall be obliged within 3 months from the date of
the effectiveness of this law may request the Ministry, and if the case referred
in § 49 paragraph. 1 the second sentence, the District Office for the issue of a decision on the credentials of the
to execute the socially-legal protection. To the decision of the credentials
However, for a period of not more than 12 months from the effective date of this Act,
legal and natural persons referred to in the first sentence, be deemed to be
having the credentials to exercise social and legal protection.
(3) If a person referred to in paragraph 2 perform on the date of effectiveness of this
law, socio-legal protection in a different scope than this
the law, they are required to terminate this activity in the 6 calendar months from the date
the effective date of this Act.
(4) the rights and obligations that should to the effective date of this Act, the head office
for the international legal protection of youth, passed on to the Office. The rights and
the obligations of the labor relations staff headquarters for the
international legal protection of youth migrating to the Office.
(5) the time limit for the visit of the child entrusted to other natural persons
(article 19, paragraph 5), a child placed in the device in which it is carried out
institutional or protective upbringing (section 29 (2)), and the child that is in the
detention or imprisonment (section 34), begins with a child
entrusted to the care of, or placed into the device before the date of effectiveness of the
This Act, to run from the effective date of this Act.
(6) for the temporary stay of children by parents or other individuals (section 30)
that started with the approval of the authority of the social and legal protection be conducted before the
effective date of this Act, the length of stay of up to 14
calendar days from the effective date of this Act; This period may be
extended only by written consent of the authority for social and legal
the protection of children.
(7) the Commission is taking care of the family and the children set up under existing laws,
legislation shall be considered as from the effective date of this Act for the Commission to
the socio-legal protection of children (section 38).
(8) equipment for performance of foster care established before the effective date of
This law shall be considered as equipment for performance of foster care by
This Act from the date of the conclusion of the agreement in accordance with this Act; to the date of
the conclusion of the agreement in accordance with this Act, to a maximum period of 12 months from the
the effective date of this Act, applies to foster care in the performance of the device
a special law in force prior to the effective date of this Act.
(9) the adoption or foster care under sections 20 to 27
proceed according to this law, even if the request for mediation was
made prior to its effect. These requests for mediation
adoption Ministry decides pursuant to section 22 paragraph 1(b). 5 to 3 calendar
months from the effective date of this Act.
section 66
Shall be deleted:
1. Law No. 50/1973 Coll. on foster care.
2. Act No. 58/1984 Coll., amending the law on foster care.
3. Law No 118/1992 Coll., amending and supplementing Act No. 50/1973
Coll. on foster care, as amended by Act No. 58/1984 Coll.
4. Part four of Act No. 169/1999 Coll., on the execution of the sentence of imprisonment and
amending certain related laws.
§ 67
This law shall enter into force on 1 January 2005. April 2000.
Klaus r.
Havel in r.
Zeman in r.
Selected provisions of the novel
Article II of the Act No 272/2001 Sb.
Transitional provisions
1. Requests for the inclusion of the applicant in the register of applicants, ceded by
the District Office of the Ministry of labour and Social Affairs, which has not been
a final decision until 31 December 2006. in December 2001, the Ministry of labour decides
and Social Affairs pursuant to the provisions in force before 1 May 2004. in January 2002. From the date of
a decision on the inclusion of the applicant in the register of applicants is applicant included
registration of applicants led by Ministry of labour and Social Affairs.
2. The period during which the claimant was on adoption or mediation
foster care in the records of the applicants of the Ministry of labour and social
things before the 1. in January 2002, is counted into the period after which the
refer the Ministry of labour and Social Affairs, a copy of the data from this
records of the Office for international legal protection of children. The first sentence is true
Similarly, for the registration of children led by the Ministry of labour and Social Affairs
for the purposes of mediation, adoption or foster care.
3. Applications for authorization to pursue the socio-legal protection of children
natural or legal persons, which was not before the 1. January 2002
a final decision, decides the Ministry of labour and Social Affairs
According to the rules in force before 1 May 2004. in January 2002. A copy of the decision on the credentials of the
for the performance of the socio-legal protection of children, including a copy of the application and the documents
submitted by such a determination, it shall send the Ministry of labour and
Social Affairs of the competent regional authority permanent
stay, if asked about the release of the credentials of a natural person, or the place of
Headquarters, asked about the release of the credentials of a legal person. A copy of the
the decision of the application and the documents shall send the Ministry of labour and Social Affairs
the regional office within 8 days from the date of legal effect of the decision.
Article II of law no 518/2002 Sb.
The transitional provisions of the
If the credentials for the performance of social and legal protection granted by the Ministry of
labour and Social Affairs prior to the 1. in January 2002, is responsible for supervising
the performance of socially-legal protection afforded in accordance with this mandate, the
issuing of fines and to the withdrawal of the credentials of the Regional Office of the competent according to the place of
permanent residence or headquarters of the authorised persons.
Article IV of law No. 315/2004 Sb.
The transitional provisions of the
The founder of the facilities for children in need of immediate assistance, which has to
the effective date of this Act, the child is placed shall, without
undue delay, fulfil the obligation of notification according to article. (III) point 1 and
by the end of the calendar month following the month in which the acquired
the effectiveness of this law, to establish a register of children according to the article. (III) point 4.
Article II of Act No. 135/2006 Coll.
Transitional provisions
1. The designated person, that was before the date of entry into force of this Act
issued credentials to execute the socially-legal protection of children at the regional office,
is required to the regional authority, which issued the mandate not later than 1 year
from the date of entry into force of this Act
and fulfill the request) demonstrate professional competence of persons who
the socio-legal protection of children perform,
(b) notify the place of performance of the activities) or the name and address of all devices in the
which is the socio-legal protection of children exercised, in the case of an authorised
the person that has been granted credentials to establish the socio-legal equipment
the protection of children,
(c) contingent upon the other facts) demonstrate the execution of socio-legal
the protection of children under this Act if their demonstration will require
the authority for social and legal protection of children competent to issue credentials.
2. the regional office is obliged to not later than 6 months from the date of fulfilment of the
the obligations referred to in point 1 to assess whether the conditions for the exercise of
the socio-legal protection of children authorized person under this Act,
and in the case of persons who have been issued credentials to the establishment and operation of the
facilities for children in need of immediate assistance, to issue a decision, in which the
will be given the name and address of all devices in which the socio-legal
protection exercised and which of these devices satisfy, where applicable,
do not meet the conditions for the exercise of socio-legal protection of children. If
the designated person fails to fulfil the obligations imposed by section 1, is a regional office
obliged to decide about the credentials again.
3. the procedure for applications for the issue of credentials to pursue socio-legal
the protection of children, which was not before the date of entry into force of this Act
a final decision shall be completed in accordance with this Act.
4. The designated person, that was before the date of entry into force of this Act
issued credentials to execute the socially-legal protection of children Ministry
fulfils the obligations referred to in paragraph 1 to the regional authority, which is locally
competent pursuant to this Act; This regional office is obliged to decide
referred to in point 2.
5. Paragraphs 1 to 4 shall apply mutatis mutandis for the credentials to perform socio-legal
the persons responsible for the protection of children, which is decided by the Commission for the
the socio-legal protection of children.
6. the obligation of payment of contribution to the needs of the child in the
children in need of immediate assistance arises on the date of entry into force of this
the law.
7. A municipality or County, if you have set up facilities for children requiring immediate
assistance before the date of entry into force of this Act, are required to
not later than 6 months from the date of entry into force of this Act, comply with
obligations which, for them, for the operation of these devices under article
And this Act.
8. If, in the performance of foster care established before the date
the entry into force of this Act, the number of children is higher than permitted under article. (I)
point 84, foster care can be exercised to continue with that to change
the number of children can occur only if it is in accordance with the article. And the point of 84.
9. the applications for inclusion in the register of applicants for adoption or
foster care, which has not been taken before the date of entry into
the effectiveness of this law, the competent regional authority in accordance with the laws of the
in force before the date of entry into force of this Act. If the applicant in the
a decision on the inclusion in the register of applicants to participate in the
preparing for the adoption of a child to a family, it is the responsibility of the regional authority
the preparation of the applicant.
10. the preparation of individuals suitable to become adoptive parents or guardians to
the adoption of a child to a family that has not been terminated prior to the date
the effectiveness of this law, the local authority of municipalities with extended
scope.
11. the period for visiting parents, whose child was after the regulation of the constitutional
education received in the constitutional device or devices for children
requiring immediate help before the date of entry into force of this Act,
begins to run from the effective date of this Act.
Article. (II) Act No. 176/2007 Sb.
Transitional provisions
1. the procedure for contribution to the payment of the stay and care provided by the device
for children in need of immediate assistance, which has not been completed
before the date of entry into force of this law shall be completed in accordance with the legal
in the texts of the effective to date of the entry into force of this law.
2. the amount of the contribution for the payment of the stay and care provided in a facility for
children in need of immediate assistance for the period up to the date of entry into force of
This Act shall be assessed according to the law as amended effective to
date of entry into force of this Act.
3. the amount of the contribution for the payment of the stay and care provided in a facility for
children in need of immediate assistance, which belonged to the effective date of this
the law shall be determined in accordance with article. I, point 3 for the first time for the calendar month, in
which this law came into effect.
4. The amount of the public contribution for the stay and care provided by minor
a child in a facility for children in need of immediate assistance, which belonged to a
the period up to the date of entry into force of this law, shall be assessed in accordance with
legislation as effective until the date of entry into force of this
the law.
Article. XIX Act No 420/2011 Sb.
The transitional provisions of the
The procedure for applications for legal persons to issue credentials to the performance
the socio-legal protection of children initiated and been the unfinished before
date of entry into force of this law shall be completed in accordance with existing
the legislation.
Article. (II) of law No 401/Sb.
Transitional provisions
1. the procedure for mediation, adoption or foster care under the Act
No. 359/1999 Coll., as amended, effective the day of the entry into force of this
the Bill, led by the Ministry of labour and Social Affairs is hereby terminated.
The Ministry of labour and Social Affairs forwards the file documentation
the regional authority competent according to the place of residence of the applicant
not later than one month from the date of entry into force of this Act.
The period during which the child was kept in the records of the children, and the time after which the
the applicant in the register of applicants conducted by the Ministry of labour and
Social Affairs, counts until the record is the regional authority
After the date of entry into force of this Act.
2. If the device is in need of immediate assistance for children located
the larger the number of children or children are staying here longer than is provided for in
§ 42 paragraph. 3 to 5 of the Act No. 359/1999 Coll., as amended, effective from the date of
the entry into force of this law, is a facility for children in need
immediate assistance required to take measures to ensure that no later than 31 December 2006. December
2013 does not exceed the number of children in such a device, the number of children provided for in §
paragraph 42. 3 and 4 of Act No. 359/1999 Coll., as amended, effective from the date of acquisition
the effectiveness of this law, and that the duration of stay of children in such equipment
does not exceed the length of the stay provided for in § 42 paragraph. 5 of Act No. 359/1999
Coll., as amended, effective from the date of entry into force of this Act. In
the case that neither term does not occur in facilities for children
in need of immediate help to reduce the number of children, and to adjust the length of the
the stay of children so as to match the section 42, paragraph. 3 to 5 of the Act No. 359/1999
Coll., as amended, effective from the date of entry into force of this Act, is
the competent authority of the socio-legal protection shall be obliged to submit to the Court not later than
within 5 months from the expiry of the period laid down to 31. December 2013 proposal for a
the change of educational measures, where appropriate, make suitable alternative arrangements to
the reduction in the number of children and to modify the length of stay of children in this device.
3. the right to a State contribution for the founder device for children
in need of immediate assistance in the amount provided for under Act No. 359/1999
Coll., as amended, effective the date of the entry into force of this law, shall cease
date of entry into force of this Act. The State contribution for the founder
facilities for children in need of immediate assistance, to which the entitlement
before the date of entry into force of this law and belonged under law No.
359/1999 Coll., as amended, effective the date of the entry into force of this Act, and
not to the effective date of this Act shall be paid, payable in an amount in
What belonged to the date of entry into force of this Act.
4. the scope of the rights and obligations of the person or of the person in care registration in accordance with
section 47b of the Act No. 359/1999 Coll., as amended, effective from the date of entry into force of
This law, which has been entrusted to the child in foster care before
date of entry into force of this law, the competent municipal office municipality with
extended competence required to adjust the administrative decision or instead of
the administrative decision to conclude an agreement on the performance of foster care no later than
30. June 2013. This obligation shall not apply to persons caring,
which have concluded agreements to the date of entry into force of this Act, an agreement on the enforcement of
foster care in facilities for the performance of foster care, if this agreement
remains in force in accordance with section 5.
5. A written agreement on the performance of foster care in facilities between the foster parent and the
the founder of the equipment for performance of foster care, concluded according to law
No. 359/1999 Coll., as amended, effective the day of the entry into force of this
the law will remain in force after the date of entry into force of this law.
The rights and obligations of the guardian and founder of equipment resulting from the
These agreements apply only to children who have been entrusted to the
foster care, to a person who is interested in becoming a foster parent, or
poručnické care before the date of entry into force of this Act. The validity of the
the agreement on the performance of foster care in the facility will expire at the latest on the date of
their listed care for the last child that was in such care
entrusted with the effective date of this Act. Natural or
legal person, which was before the date of entry into force of this Act
issued credentials to the establishment and operation of facilities for the performance of
foster care, on the basis of this credential may exercise the rights and
the obligations of the founder of the equipment for the performance of foster care in accordance with the agreements on the
the performance of foster care in the facility entered into prior to the date
the effectiveness of this Act. These appointees may, from the date of acquisition
the effectiveness of this law may request the regional office to issue credentials to
the conclusion of agreements on the enforcement of foster care. On the basis of the agreement, the guardian, and
the founder of the equipment for the performance of foster care can be a performance agreement
foster care in facilities for the performance of foster care changed to deal
about the performance of foster care. Remuneration of guardian, which belongs to the pěstounovi
the basis of the agreement on the performance of foster care in the facilities for the performance of foster
care closed to the date of entry into force of this law, is the founder of the
the device shall be required to pay pěstounovi for the last calendar month
preceding the date of entry into force of this law.
6. Persons who directly provide the socio-legal protection of children before
date of entry into force of this Act, are required to meet the conditions
referred to in § 49a paragraph. 2 Act No. 359/1999 Coll., as amended effective from
date of entry into force of this law, within 2 years from the date of entry into force of
of this law.
7. Procedure of applications for the issue of credentials to the establishment and operation of the
the socio-legal protection of the device, which was not before the date of entry into
the effectiveness of this Bill to a final decision, completes the Regional Office
According to Act No. 359/1999 Coll., as amended, effective from the date of entry into force of
of this law.
8. Legal or natural persons, which was prior to the date
the effectiveness of this law, the performance of the regional authority of the credentials issued
the socio-legal protection of children, are required to the regional authority, which
credentials issued, at the latest within 2 months from the date of entry into force of this
the law report all performance activities, for which they have been issued
the credentials. These persons are obliged to the regional authority, in whose district they have
the headquarters of socio-legal protection of the device, no later than 2 months from the date of
the entry into force of this Act, notify the name and address of all
the device, which is the socio-legal protection of children, in the circuit
This regional office.
9. the regional office in whose district the facility is the social and legal protection
operated by a legal or natural person, which was before the date of
the entry into force of this Act, the regional authority issued the credentials of performance
the socio-legal protection of children, shall not later than 6 months from the date of
the fulfilment of the obligations of the responsible person referred to in point 8, to assess whether they are in
the device of the socio-legal protection of the conditions for the exercise of
the socio-legal protection of children. This regional office is obliged to issue the
binding opinion, which will be given the name and address of the registered office of all
establishments which meet the conditions for the operation of these facilities,
where appropriate, the name and address of the seat of the device, that the conditions for the exercise of
the socio-legal protection of children do not; While a binding opinion
without delay, send to the District Office that issued the credential.
10. the regional office, which issued the credentials is required no later than 6
months from the date of receipt of a binding opinion, but within 8 months
from the date of fulfilment of the obligations of a legal or physical person in accordance with section 8 of the
issue a decision, in which a device will be listed, in which can be
the socio-legal protection of children carried out, where necessary, that
the conditions for the exercise of socio-legal protection of children do not.
11. The County or municipality which, at the date of entry into force of this law were
the operators of the equipment of the socio-legal protection are required no later than
within 2 months from the date of entry into force of this Act, ask the district
the authority in whose area the address of the registered office is situated, for the issue of device
credentials to operate a device for social and legal protection and to demonstrate
the conditions for the issuance of credentials in accordance with § 49 paragraph. 2 of law No.
359/1999 Coll., as amended, effective from the date of entry into force of this Act.
The legal force of the decision of the Regional Office of the request for extradition
the performance credentials of socio-legal protection of children may County or municipality
operate the device without the socio-legal protection of credentials, if they are in
device met the conditions for granting social and legal protection
provided for in § 49 paragraph. 2 (a). b) to (f)), para. 8 and 9 and § 49a of Act No.
359/1999 Coll., as amended, effective from the date of entry into force of this Act.
12. Quality standards are the organs of socio-legal protection, legal
or a natural person, that was before the date of entry into force of this
Act regional authority issued credentials for the performance of social and legal protection
children under section 48, paragraph. 2 (a). d) to (f)), and facilities for children in need
immediate assistance are obliged to draw up to 31. December 2014. The latest from
This data is required by them in the performance of their activities follow.
13. the procedure for the imposition of educational measures, which have not been
completed before the date of entry into force of this Act, completes the
the local authority under the legislation as effective until the date of entry into
the effectiveness of this Act. If it has been imposing educational measures
been taken municipal authority before the date of entry into force of this
law, is competent to supervise compliance with the educational measures and to
penalties for impeding or obstructing the enforcement of a decision imposing
educational measures or to cancel the saved educational measures
Municipal Office municipality with extended competence according to the place of permanent residence
of the child.
Article. XXXV. Act No. 303/2013 Sb.
Transitional provisions
1. the procedure for applications for child custody and future adoptive parents
the procedure for applications for physical custody of the child to the care of the person who has
interested in becoming a foster parent, which was initiated prior to the date
the effectiveness of this law shall be completed in accordance with Act No. 359/1999 Coll. in
the texts of the effective before the date of entry into force of this Act.
2. If the child is entrusted to the authority by a final decision of socio-legal
the protection of children in the care of a person who is interested in becoming a foster parent and meets the
laid down conditions before the date of entry into force of this law, is governed by the
legal conditions of this relationship in accordance with active legislation before the date of
the entry into force of this law.
Article. (VI) Law No 306/2013 Sb.
Transitional provisions
1. a person who has been issued a card social systems and that is the dose
paid in the manner referred to in section paragraph 47t. 4 Act No. 359/1999 Coll., as amended by
the effective to date of the entry into force of this law, will be called upon in writing
the regional branch of the Labour Office of the Czech Republic by 1
the calendar month from the date of entry into force of this law, to personally
or in writing informed the way of payment of the levy in response to the cancellation of the card
social systems.
2. The regional branch of the Labour Office of the Czech Republic is obliged to make a change
the method of payment of benefits no later than 2 months from the date of communication referred to in point
1. The period referred to in section paragraph 47t. 4 the last sentence Act No. 359/1999 Coll.
does not apply here.
3. If the person does not notify the County Branch of the Labour Office of the Czech Republic
the method of payment of benefits referred to in paragraph 1 to 3 calendar months from the date of
the entry into force of this law, the dose from the date specified by the regional
a branch of the Labour Office of the Czech Republic, but no later than the sixth
calendar month following the date of entry into force of this
of the Act, shall be paid to the account of the last notified the Office work of the Czech Republic
receiving benefits, and if such an account, you will be paid the postal
by pointing.
1) Article. 1 communication No. 104/1991 Coll., on the Convention on the rights of the child.
section 8 of Act No. 40/1964 Coll., the civil code, as amended by Act No.
509/1991 Coll.
1A) Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and
on the amendment to certain acts, as amended by Act No 140/2001 Coll.
2) section 87 of the Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech
Republic and on amendment to certain laws.
2A) Act No. 221/2003 Coll., on the temporary protection of foreigners.
4) section 86 of the Act No. 140/1961 Coll., the criminal code, as amended by Act No.
175/1990 Coll.
5) section 2 of the Act No. 200/1990 Coll. on offences.
6) section 168 of the criminal code.
7 section 178) for example, Act No. 99/1963 Coll., the code of civil procedure, as amended by
amended, § 2 and 43 of Act No. 283/1991 Coll., on the police of the Czech
Republic, as amended.
for example, section 8) 46 of Act No. 202/1990 Coll. on lotteries and other
similar games, as amended by Act No. 149/1998 Coll.
for example, 9) Act No. 117/1995 Coll., on State social assistance, as amended by
amended, Act No. 482/1991 Coll., on Social Neediness,
as amended, Act No 155/1995 Coll., on pension
insurance, as amended, Act No. 100/1988 Coll., on
social security, as amended.
11) § 44, 46 and section 68, paragraph. 1 and 3 of the Act on the family.
12) section 178 ZPO.
12A) § 272 273a shall be inserted to the civil procedure code, as amended
regulations.
13) § 924 of the civil code.
for example, § 14) 37, 37b and 79 family law, section 45 of Act No. 141/1961
Coll., on criminal court proceedings (code of criminal procedure), as amended
the provisions of section 16 of Act No. 71/1967 Coll., on administrative proceedings (administrative code).
15) § 929 of the civil code.
21) section 20 of Act No. 40/1993 Coll. on acquisition and dispose of the State
citizenship of the Czech Republic, as amended by Act No. 194/1999 Coll.
23) section 10 of Act No. 269/1994 Coll., on criminal records.
23A) § 2 (2). 1 (a). and law No. 301)/2000 Coll. on registers, the name and
last name and amending certain related laws, as amended
regulations.
24) section 272 to 273a child code of civil procedure.
26) section 23 and following of Act No. 76/1978 Coll. on school facilities,
in the wording of later regulations.
28) Law No 372/2011 Coll. on health services and conditions of their
provision (law on health services).
28A) Law No. 269/1994 Coll., on criminal records, as amended
regulations.
29) 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).
section 74, paragraph 31). 2, § 81 paragraph. 1 and section 92, paragraph. 1 of Act No. 200/1990 Coll.
32) section 5 of the Act No. 169/1999 Coll., on the execution of the sentence of imprisonment and of
change of related laws.
section 15 of Act No. 293/1993 Coll. on remand.
§ 61, paragraph 33). 6, section 67, paragraph. 2 and 4 and section 68 of Act No. 169/1999 Coll.
33A) section 54 of Act No 97/1963 Coll. on private international law and
procedural, as amended.
34) for example, Decree No. 33/1959 Coll., on the Convention on the recovery of maintenance claims in
abroad, Decree No. 14/1974 Coll., on the Convention on the recognition and enforcement
the decision on maintenance obligations towards children, Decree No. 132/1976 Coll., on the
Convention on the recognition and enforcement of decisions relating to maintenance obligations, the communication
No. 34/1998 Coll., Convention on the civil aspects of international child abductions
of the children.
34A) article 19, paragraph. 3 Council Directive 2003/9/EC of 27 June 2002. January 2003,
laying down minimum standards for the reception of asylum seekers.
34B) section 27 of Act No. 101/2000 Coll., on the protection of personal data and amendment
certain acts, as amended by law No. 177/2001 Sb.
34 c) Article. 53 to 58 of Council Regulation No 2201/2003 on jurisdiction,
the recognition and enforcement of judgments in matrimonial matters and the matters of parental
accountability.
section 12, paragraph 35). 5 of Decree No. 64/1981 Coll. on school facilities for
the performance of the constitutional education and protective education.
36)
37) section 46 of the Act on the family.
38) section 106 of the Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by
amended.
39) section 124 of the Act No. 65/1965 Coll., the labour code, as amended
regulations.
39B) section 75, paragraph. 4 of the code of civil procedure, as amended
regulations.
39 d) section 18 of the Act No. 117/1995 Coll., on State social assistance, as amended by
amended.
39e) § 32 Act No. 117/1995 Coll., as amended.
39f) Law No 110/2006 Coll., on environmental and existential minimum.
39 g) Law No 111/2006 Coll. on assistance in material need.
39 h) section 52 of the Act No 155/1995 Coll., on pension insurance.
40) § 2 of the law No 110/2006 Coll., on environmental and existential minimum.
for example, 45) Law No 248/1995 Coll., on generally beneficial companies
and amending and supplementing certain laws, Act No. 308/1991 Coll., on freedom of
religious beliefs and the status of churches and religious societies, law No.
83/1990 Coll. on Association of citizens, as amended.
45A) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
change some of the laws (law on the recognition of professional qualifications), as amended by
amended.
45B) Act No. 312/2002 Coll., on officials of territorial self-governing units and
on the amendment to certain acts, as amended by Act No. 46/2004 Coll.
45 c) Act No. 198/2002 Coll., on volunteer service and amending certain
laws (the law on volunteer service), as amended by law No. 436/2004 Sb.
45 d) Article. 11 of Council Regulation (EEC) No 1612/68 of 15 October. October 1968 on
freedom of movement for workers within the community.
for example, 46), section 38 of Act No. 20/1966 Coll., section 23 and following of Act No.
76/1978 Coll. on school facilities, as amended, section 73
Act No. 100/1988 Coll. as amended by later regulations, and Decree No.
182/1991 Coll., as amended.
47A) § 121 to 124 of Act No. 435/2004 Coll. on employment.
47B) Act No. 365/2000 Coll., on public administration and information systems of the
amendment to certain acts, as amended.
48) of section 8 of the code of criminal procedure.
section 12, paragraph 49). 2 of the civil code.
49A) section 55, paragraph. 2 of Act No. 20/1966 Coll., as amended.
section 15, paragraph 50). 9 of Act No. 48/1997 Coll., on public health insurance
and amending and supplementing certain related acts.
50A), Act No 634/2004 Coll., on administrative fees, as amended
regulations.
50B) Act No. 106/1999 Coll., on free access to information in the text of the
amended.
51) section 37b of the Act on the family.
52) § 2 of the commercial code.
52A) Law No 185/2004 Coll., the customs administration of the Czech Republic, as amended by
amended.
section 71, paragraph 54). 1 and 3 of the administrative code.
55) European Parliament and Council Regulation (EC) No 883/2004 of 29 April 2004.
April 2004 on the coordination of social security systems.
Regulation of the European Parliament and of the Council (EC) no 987/2009 of 16 January. September
2009 laying down detailed rules for the application of Regulation (EC) No 883/2004
on the coordination of social security systems.
Regulation of the European Parliament and of the Council (EU) No 492/2011 from 5 December 2005. April
2011 on free movement of workers within the Union.
Council Regulation (EC) No 4/2009 of 18 December. December 2008 on jurisdiction,
applicable law, recognition and enforcement of decisions and cooperation in matters
relating to maintenance obligations.
56) section 11 to 16 of Act No. 117/1995 Coll., on State social support, in
as amended.
57) European Parliament and Council Regulation (EU) No 492/2011 from 5 December 2005.
April 2011, on the free movement of workers within the Union.
58) Council Regulation (EC) No 4/2009 of 18 December. December 2008 on the
jurisdiction, applicable law, recognition and enforcement of decisions and
cooperation in matters relating to maintenance obligations.
59) section 33 to 34 of Act No 120/2001 Coll., on judicial executors and
enforcement activities (execution procedure), and amending other laws, as amended by
amended.
60) Act No. 586/1992 Coll., on income taxes, as amended
regulations.
Law No. 187/2006 Coll., on sickness insurance, as amended
the laws of the
Act No. 155/1995 Coll., on pension insurance, as amended
regulations.
Law No. 266/2006 Coll., on accident insurance of the employees, as amended by
amended.
Act No. 589/1992 Coll., on social security and the contribution of the
the State employment policy, as amended.
Act No. 592/1992 Coll., on premiums for general health insurance, in
as amended.
61) Act No. 133/2000 Coll., on registration of population and social security numbers and the
amendments to certain acts (the Act on the registration of inhabitants), as amended
regulations.
62) Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and
on the amendment to certain acts, as amended.
63) Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the
The police of the Czech Republic, as amended, (asylum Act),
in the wording of later regulations.
64) Law No 221/2003 Coll., on the temporary protection of aliens, as amended by
amended.
65) Act No. 108/2006 Coll., on social services, as amended
regulations.
66) Section 4a of the Act No. 73/2011 Coll., on the Office work of the Czech Republic and amending
related laws, as amended by law no 366/2011 Sb.
67) Act No. 128/2000 Coll., as amended.
68) Act No 227/2000 Coll., on electronic signature and amending certain
other laws (the law on electronic signature), as amended
regulations.
69) section 6f of Act No. 365/2000 Coll., on public information systems
management and amending certain other acts, as amended
regulations.
70) section 452 of the Act No. 292/2013 Coll., on special procedures the Court.