383/2005 Sb.
LAW
of 19 December 2003. August 2005,
amending Act No. 109/2002 Coll. on the execution of institutional care or
protective care in school facilities and on preventive educational care
in educational establishments and amending other laws, as amended
regulations, and other related laws
Change: 89/2009 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on the execution of institutional care or protective custody in
school facilities and preventive educational care in school
devices and amending other laws
Article. (I)
Act No. 109/2002 Coll. on the execution of institutional care or protective custody
in school facilities and on preventive educational care in school
devices and amending other acts, in the wording of Constitutional Court
the declared under no. 476/2004 Coll., Act No. 561/2004 Coll. and Act No.
563/2004 is amended as follows:
1. In article 1 (1). 1 the first sentence after the word "care", the words ",
which are the educational care centres (hereinafter referred to as "the Centre"), ".
2. in article 2, paragraph 2 shall be deleted.
Paragraphs 3 to 15 shall be renumbered as paragraphs 2 to 14.
3. In article 2 (2). 3, the number "3" is replaced by "2".
4. In article 2 (2). 6, after the word "maintenance" link to a footnote
No 4 shall be deleted and the word "years" with the words "(hereinafter referred to as
"entitled"). "
5. In article 2 (2). 7 the initial part of the provisions of the text "3, 4, 5 and 7"
replaced by "2, 3, 4, and dependent persons".
6. In article 2 (2). 7 (b). (d)), the words "persons responsible for education"
replaced by the words "the legal representatives of the child".
7. in section 2, paragraph 7, the following paragraph 8 is added:
"(8) at the time when the device stay interrupted pursuant to § 23 para. 1 (b).
and child) or with protective upbringing conditionally placed outside
devices, provide child full direct provision of persons for whom child
staying away. ".
Paragraphs 8 to 14 shall become paragraphs 9 to 15.
8. In article 2 (2). 9, the text "3, 4, 5 and 7 ' is replaced by the text" 2, 3, 4 and
dependent persons "and the words" in accordance with the decision of the Director "shall be deleted.
9. in section 4, paragraph 4. 2 (a). and the number "6)" is replaced by "8".
10. In section 4, paragraph 4. 3, after the words "can be", the words "in one building or
in multiple buildings on one campus ".
11. in section 4, paragraph 4. 5, in the first sentence and the second after the word "can" be inserted
the words "in one building or multiple buildings on one campus".
12. in section 4, paragraph 4. 6, after the words "the Director", the words "or
the founder ".
13. in § 5 para. 1 is the text "3, 4, and 5" is replaced by the text "2, 3 and 4".
14. in § 5 para. 2 (a). (d)), after the words "protection" is inserted after the word "children".
15. in § 5 para. 2 (a). (e)), after the words "protection" is inserted after the word "children".
16. in § 5 para. 4, after the word "protection" is inserted after the word "children".
17. in § 5 para. 5 the first sentence after the word "protection" is inserted after the word "children"
and at the end of paragraph 5, the following sentence "is not meant for serious
reasons, when the adoption of a child on the basis of a provisional measure to submit the
some of the above documents, with the exception of the decision on the preliminary
measures and doctor's written observations on the current state of health
the child, shall ensure that the social-legal protection of children their submission
without undue delay after the fact. ".
18. in § 5 para. 7 in the second and third sentence, after the word "protection" is inserted
the word "children".
19. in § 5 para. 9, the words "persons responsible for the education" shall be replaced by
the words "legal guardians of the child" and after the word "protection" shall be inserted after the word
"children".
20. in section 5, paragraph 10 is added:
"(10) Diagnostic Department shall notify the acceptance, location or relocation
the child within 3 working days of the Court, that in the case of a child, the Authority decided to
the socio-legal protection of children to the competent according to the place of permanent residence
the child and the person responsible for the education, if she delivered the decision of the
about the location or relocation of the child. ".
21. in section 5, paragraphs 13 and 14 shall be deleted.
The former paragraph 3 shall become paragraph 13.
22. in section 6 (1). 1, the words "in accordance with § 23 para. 1 (b). a) to (c)) "
replaced by the words "pursuant to § 23 para. 1 (b). and) and (c)), or from the place of
conditional location outside facilities '.
23. in section 6 (1). 2, the number "3" is replaced by "2".
24. In paragraph 7 (2). 1 the words "requested that the person responsible for education"
replaced by the words "have asked the guardians of the child".
25. in § 9 para. 2, the words "may be in diagnostic Institute established
one educational group "shall be replaced by" may be in diagnostic
the Institute established the educational group ".
26. in § 9 para. 3, the words "paragraphs 1 and 2 shall be replaced by" paragraph
1. "
27. in section 10, paragraph 1. 2, after the words "as follows" inserted the word "usually".
28. in section 13 paragraph 2 is added:
"(2) children's homes, with a school can be set up separately for children under
paragraph 1 or establish family groups separately for children
in accordance with paragraph 1. ".
29. in § 14 para. 3 the first sentence, the words "over 12 years" shall be replaced by
"under the age of 15 years".
30. section 15 including the title reads as follows:
"Common provisions for devices
§ 15
(1) in establishments in which children are placed with protective
education, are used by special construction of technical means for
to prevent the escape of these children. On the basis of the decision of the Director of the device is
further possible on these devices in order to ensure the safety of children,
employed persons and the entrusted property use audiovisual systems.
(2) audiovisual systems it is possible to use the
and around the building) for the control or multiple buildings on one limited
the land,
(b)) for the control of the Interior of the device, where children do not have access,
(c)) for the control of corridors, rooms intended for employees and equipment
a separate room.
(3) plans for the use of audiovisual technology including the deployment of
the use of tracking devices and plans the deployment of special
construction of technical devices in the devices and their individual species
approved by the Ministry.
(4) the location and manner of the use of audiovisual technology must be
Director of equipment are informed in advance of all children placed in the facility
and all the staff of the facilities. ".
31. in section 16(1). 1, after the words "protective upbringing," the words
"where appropriate, supervising the completion of secondary education (hereinafter referred to as
the "client"), ".
32. In article 16(1). 2 (a)), the word "children" shall be replaced by "clients".
33. In article 16(1). 2 (a). (b)), the words "persons responsible for education"
replaced by the words "legal representatives of the client or the client of an adult".
34. In article 16(1). 2 (a). (c)), the words "persons responsible for education"
replaced by the words "legal representatives of the client or the client of an adult".
35. In § 16 para. 3, the word "children" shall be replaced by "clients", the words
"in accordance with § 27 para. 4 "shall be deleted and the words" person responsible for education "
are replaced by the words "legal representative of the client or the client".
36. In article 16, paragraph 3, the following paragraph 4 is added:
"(4) the amount of remuneration referred to in paragraph 3 shall be equal to the amount of the cost of meals
designated pursuant to special legal regulation and the amount of the cost of the accommodation
laid down by the founder. Payment must be made before the adoption of the client
the diagnostic Department or to the Centre. ".
The current paragraph 4 shall become paragraph 5.
37. In article 16(1). 5, the word "children" shall be replaced by "clients".
38. In section 17(2). 1, the word "children" shall be replaced by "clients" and the word
"children" is replaced by "clients".
39. In § 17 paragraph 2. 3, the word "children" shall be replaced by "clients".
40. In article 17, paragraphs 4 and 5 shall be deleted.
41. section 18 including the footnotes # 8, 8a, 8b and 8 c is inserted:
"section 18
(1) teaching staff ^ 8) facility or centre educate and
bringing up children and clients in accordance with the objectives of education and training,
laid down by this law and other laws.
(2) Pedagogical worker facility or centre may be the one who
satisfies the conditions laid down by specific legislation ^ 8a) and further
a condition of mental competence.
(3) Mental capacity is determined by psychological tests.
Psychological proof
and before the formation of an employment relationship) to the establishment or Centre,
(b)) for the duration of an employment relationship to the establishment or Centre, in
the case that
1. a reasonable doubt about whether the pedagogical worker meets the
a condition of mental competence; in this case, the Director of facilities
or Centre will order a teacher to experience
psychological examination and shall set a reasonable time limit, or
2. the opinion about psychological examination (hereinafter referred to as "psychological
testimonial ") shall cease to be valid.
(4) a psychological assessment is valid for 7 years from the date of its issue, and is
included in the personal file of pedagogical worker ^ 8b).
(5) in the psychological report shall contain the following information:
and) the name or name, surname, academic degree, and date of birth
pedagogical worker
(b) psychological examination) the conclusion, from which it is apparent that the pedagogical
a worker is or is not mentally capable of carrying out the activity
pedagogical worker facilities or centres,
(c)) the name or name, surname and title of the examining
a psychologist, his handwritten signature and stamp, accreditation number,
(d) the date of preparation of the psychological assessment).
(6) Psychological assessment can be examined under the conditions laid down
special legislation ^ 8 c).
8) § 2 of the law No. 563/2004 Coll. on pedagogic workers and amending
Some laws.
8A) Act No. 563/2004 Sb.
8B) Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain
laws, as amended.
8 c) Act No. 20/1966 Coll., on the health care of the people, as amended
regulations. ".
42. under section 18 shall be added to § 18a, including title and notes
line no. 8 d:
"§ 18a
Accreditation to the permission check for mental competence
(1) Mental capacity may detect a person which has been granted
accreditation to the permission check for mental competence referred to in this
Act (hereinafter referred to as "accreditation"). Application for accreditation may the Ministry of
submit a person
and has a specialized capacity to) the profession of clinical
the psychologist under special legislation ^ 8 d),
(b)) has a practice of more than 7 years, of which at least 5 years in the
diagnostic adult, and
(c) reported by the Ministry) was the uniform methods, techniques and
evaluation of the psychological examination.
(2) if it satisfies the person applying for the accreditation of the conditions laid down in
paragraph 1, the Ministry will grant accreditation.
(3) the Ministry of accreditation shall be withdrawn if the accredited person
comply with the conditions referred to in paragraph 1 (b). and).
(4) the Ministry will publish a list of accredited people in Journal
The Ministry of education, youth and sports.
8 d) Law No. 96/2004 Coll., on conditions for the acquisition and recognition
competence for the exercise of paramedical professions and to the exercise
activities related to the provision of health care and amending
certain related laws (the law on the paramedical
occupations), as amended by Act No. 127/2005 Coll. ".
43. In section 20 (2). 1 introductory part of the provision, the word "child"
the word "orphanage".
44. In section 20 (2). 1 (b). (g)), after the word "responsibilities" the following text
"advise your attorney or guardian, appointed for proceedings
by a special Act, ^ 12) without the presence of third parties, and for this
to receive and send correspondence without checking its contents.
12) Act No. 218/2003 Coll., on juvenile liability for unlawful acts and the
about the judiciary in matters of youth and on amendments to certain acts (the Act on
the judicial system in matters of youth) ".
45. In section 20 (2). 1 (b). I) after the word "protection" is inserted after the word "children" and
at the end of the text of the letter i), the words "shall be added; These requests, complaints,
design and administration is required to register the device ".
46. In article 20 (2). 1 (b). n) after the word "education", the words "and
other close persons ^ 10). "
47. In section 20 (2). 1 (b). about), the words "with the consent of" shall be replaced by "with the
knowing "and at the end of the text of the letter o), the words", if
There has been no prohibition or restriction under the measures laid down in the education
This Act ".
48. In section 20 (2). 1 at the end of the text of the letter p), the words ",
the absence of a prohibition or restriction in the framework for action in education
provided for in this law ".
49. In section 20 (2). 2 of the introductory part of the provisions for the word "child"
the word "orphanage".
50. in section 20 (2). 2 letter a) is added:
"and to adhere to the established order and) discipline, carry out the instructions and commands
employees of the device, carefully handle assigned things to harm
Foreign assets, comply with the principles of polite conduct with persons with whom the
comes into contact, in the premises of the facility and in personal matters, maintain
order and cleanliness and otherwise maintain the provisions of the internal regulations
the device ".
51. In paragraph 20, the period at the end of paragraph 2 is replaced by a comma and the following
subparagraph (f)), which read as follows:
"(f)) to submit to the call of the Director to check if device is not
affected by alcohol or other addictive substance. If the examination
need to remove the blood, the child is obliged to acquiesce to his doctor or specialist
healthcare worker removed the blood, if it is not associated with risk of
for his health. ".
52. In paragraph 20, paragraph 2, the following paragraph 3 is added:
"(3) a child with protective upbringing has all the rights and obligations of the
referred to in paragraphs 1 and 2, with the exception of rights referred to in paragraph 1 (b). o) and (p)). ".
The former paragraph 3 shall become paragraph 4.
53. In section 20 (2). 4, the word "children" shall be replaced by "clients".
54. In section 20, the following paragraph 5 is added:
"(5) on the dependent person in the facility pursuant to § 2 (2). 6 shall apply
the provisions of paragraphs 1 and 2, with the exception of the provisions of paragraph 2 (a). c).".
55. In section 21 para. 1, at the beginning of subparagraph (c)), the words "with court-ordered
constitutional education ".
56. In § 21 para. 1, at the beginning of subparagraph (f)), the words "with court-ordered
constitutional education ".
57. In paragraph 21 of the paragraph. 3 at the end of the text of subparagraph (d)), the words "; children
with the protective upbringing, extraordinary walks and visits to authorise
only under the conditions laid down in paragraph 4 (b). a) and b) ".
58. In paragraph 21, after paragraph 3, insert a new paragraph 4 is added:
"(4) baby with protective upbringing can be further in the case of
good results in the performance of duties
and a separate walk) enabled outside of the facilities for a maximum of 12 hours,
If it can be reasonably have considered that this will not be compromised by the purpose of the performance of the trade
education,
(b) adoption of the visit enabled) to persons other than the persons responsible for
education, people close to the staff of the authority and the legitimate socio-legal
protection of children, provided this is not contrary to the purpose of the performance of protective care; in
where justified, may be carried out with a Visual trip, or
even hearing the employee control device. ".
The current paragraph 4 shall become paragraph 5.
59. In § 21 para. 5 is the number "3" by "4".
60. Over the designation of section 22 shall be inserted as follows: "Separate
room ".
61. In paragraph 23 of the paragraph. 1, letter a) is added:
"and allow the child) under the conditions laid down by specific legal
Regulation ^ 11) stay outside the device ".
62. In § 23 para. 1 (b)):
"(b)) to give the Court on conditional placement of a child with a protective
bringing up the outside of the device ".
63. In § 23 para. 1 letter c) including footnote # 12:
"(c)) to enable the child to the orphanage after completion of the compulsory
Transitional school property outside of the facilities in the context of its
of study or employment; in the case of a child with protective
education can be used in particularly about the case brought before the Court for that purpose
proposal on conditional location outside facilities according to a special legal
prescription ^ 12)
12) Act No. 218/2003 Coll. ".
64. In § 23 para. 1 (b). (d)), the words "or stay under subparagraph (b))"
shall be deleted.
65. In § 23 para. 1 (b). (h)), the words "stay under subparagraphs), b), and
transition property "shall be replaced by" stay or temporary
accommodation in accordance with subparagraphs) and (c)) or a conditional space location outside the
the device ".
66. In § 23 para. 1 letter i) reads as follows:
"i) put the Court under special legislation on conversion of ^ 12)
protective care in institutional care, if the child fulfils perfectly its long term
obligations, and in the particular case such action is appropriate with regard to the
further education and development of the child; If circumstances change, the Director shall
device Court to reverse the transformation of institutional care in the protection
Educational, ".
67. In § 23 para. 1 the letter n) is:
"n) order the examination of a child that is not affected by alcohol or other
addictive substance, ".
68. In § 23 para. 1 at the end of the letter n) a comma is replaced by a dot and the
the letter o) shall be deleted.
69. In § 24 para. 1 (b). (b)), the words "the District Office" shall be replaced by
"the authority of the socio-legal protection of children".
70. in § 24 para. 1 (b). (c)), the words "District Office" shall be replaced by
"the authority of the socio-legal protection of children".
71. In § 24 para. 1 (b). f), the words "the authority and the district" shall be replaced by
the words "the authority of the socio-legal protection of children, legal representatives of the child,
or other ".
72. In § 24 para. 1 (b). g), the words "the District Office" shall be replaced by
"the authority of the socio-legal protection of children".
73. In § 24 para. 1 (b). (h)), the words "persons responsible for education"
replaced by the words "legal representatives" and the words "county offices"
replaced by the words "authorities of the socio-legal protection of children".
74. In § 24 para. 1 (b). I), the words "with those responsible for education"
replaced by the words "legal representatives".
75. In § 24 para. 1 (b). j), the words "local office" shall be replaced by
"Municipal Office municipality with extended powers".
76. In § 24 para. 1 (b). l) with the text ", and (b))" is deleted.
77. In § 24 para. 2 (a). (c)), the words "the District Office" shall be replaced by
"the authority of the socio-legal protection of children".
78. In § 24 para. 2 points, d) and (e)) shall be deleted.
Subparagraph (f)), and (g)) shall become points (d) and (e)).)
79. In § 24 para. 2 (a). (e)), the number "7" shall be replaced by the number "6".
80. in § 24 para. 2 at the end of paragraph (e) is replaced by a comma and dot)
the following point (f)), including footnote No. 12a is inserted:
"(f)) inform the Court or the public prosecutor, for young people, which according
special legal regulation ^ 12a) gave disability a juvenile
the device, about the outcome of the measures taken.
12A) § 11 and 20 of the Act No. 218/2003 Coll. ".
81. In section 24, paragraph 2, the following paragraph 3 is added:
"(3) the Director of the device decides on rights and obligations in the field of
State administration in the following cases:
and) on cost recovery for health care, pharmaceuticals and medical
resources that are not covered by health insurance, if it has been
the legal representatives of the child care requested, pursuant to § 2 (2). 7 (b). (d)),
(b) the placement of a child by) § 5 para. 1,
(c) the relocation of the child under) § 5 para. 9,
(d) the obligation of the child to pay) from their income the cost associated with
shipment to the facility pursuant to section 20 (2). 2 (a). (c)),
(e)) rejecting an application for residence permit pursuant to § 23 para. 1 (b). a) and
(c)),
(f)) of cancellation pursuant to § 23 para. 1 (b). (d)),
g) the amount of the contribution for children or for dependent care
the persons in the premises referred to in section 27 to 29. ".
Paragraphs 3 to 5 shall become paragraphs 4 to 6.
82. In § 24 para. 5 is the number "7" shall be replaced by the number "6".
83. section 25 reads:
"§ 25
The Director of the Centre with the rights and obligations provided in § 23 para. 1
(a). f), (g)) and n), § 24 para. 1 (b). a), h), (i)) and m) and in section 24 para.
2 (a). a), d) and (f)) apply mutatis mutandis. The obligation pursuant to § 24 para. 1
(a). (j)), the Director of the Centre shall apply mutatis mutandis. ";"
84. In section 26 para. 1 introductory part of the provisions, the words "the person responsible for
education "shall be replaced by" the guardians of the child ".
85. In section 26 para. 1 (b). (e)), the text "a (b))" is deleted.
86. In § 26 para. 2 the initial part of the provision, the words "the person responsible for
education "shall be replaced by" guardians ".
87. In section 26 para. 2 (a)) shall be deleted.
Subparagraph (b)) to (g)) are known as a) to (f)).
88. In § 26 para. 2 (a). (b)), the text "a (b))" shall be deleted and the text "§ 24 para.
5 "shall be replaced by the text" § 24 para. 6. "
89. In paragraph 26, the following paragraph 3 is added:
"(3) the rights referred to in paragraph 1 (b). (c)), d) and (e)) and the obligations of
paragraph 2 (a). a), b), c) and (d)) shall also apply to other persons responsible
in education. ".
90. in section 27, paragraph 1 reads:
(1) parents are required to pay a contribution to cover care provided
children and dependent persons in establishments (hereinafter "post"). In
If the child or dependant person has its own regular resources
participates in accordance with § 29 on paying the contribution. For revenue for the purposes of
This law shall be considered the revenue referred to in the Act on the minimum ^ 15).
Contribution per calendar month shall be determined as the product of the contribution base
and a contributory factor. Post is rounded up to $10
up. ".
91. In section 27 para. 2 introductory part of the provisions: "Contribution base
makes the "."
92. In section 27 para. 2 letter d) is added:
"(d)) 1 450 Czk, in the case of a child over 15 years or dependent person".
93. In section 27 para. 2 the final part of the provisions of the first sentence, the words
"the contribution is paid by the child", the words "or entitled" and in the
the second sentence, the word "post" is replaced by "allowance".
94. In paragraph 27, paragraph 4 reads:
"(4) the Contributory factor will change depending on the change of total
the consumer price index found the Czech Statistical Office,
If this index will rise by at least 3%, so that the change in the
a percentage equal to the percentage change in the index. The condition of the growth of aggregate
the consumer price index shall be assessed to the 31. December for period
the previous calendar year. ".
95. In section 27, paragraph 6 is added:
"(6) the parents paying the contribution involved in equal parts, with the exception of
in the cases referred to in § 28. ".
96. In section 27, the following paragraph 7 is added:
"(7) the amount of the contribution and the proportion of parents on its cover in each
cases by decision of the Director of the facility. Director of facilities
decide on a new amount of the allowance with effect from the first day of the second
the calendar month following the date on which the Czech Statistical Office
shall publish the change in the total consumer price index for the period referred to in
paragraph (4) ".
97. In § 28 para. 1, the first sentence is replaced by the phrase "If the parents showing
that their income or their household income after payment of the contribution
established in accordance with section 27 shall be less than the minimum subsistence Figure ^ 15), the
the contribution of the amount necessary to give them a living wage has remained. ".
98. In § 28 paragraph 2 reads as follows:
"(2) the Parents shall be required, on the expiry of 6 months from the last
proof of the facts referred to in paragraph 1 to demonstrate that they meet the conditions
for the reduction or waiver of contribution referred to in paragraph 1, and
promptly report any change in revenue, which could have the effect of
the amount of the contribution determined in accordance with paragraph 1. In the event of failure to comply with these
obligations of the contribution will increase accordingly, and from the time when the
in vain the deadline for proving compliance with the terms, or even backward from the
a time when there was a change in revenue. ".
99. In section 29 para. 2 the text "paragraph. 2 "is deleted.
100. In section 29 para. 3, the text "paragraph. 2 "shall be deleted and the words" the person responsible
in education "shall be replaced by the words" parents ".
101. In paragraph 29, the following paragraph 4 is added:
"(4) on the dependent person, the provisions of paragraphs 1 to 3 shall apply mutatis
accordingly. ".
102. In paragraph 30, the following paragraph 6 is added:
"(6) on the dependent person, the provisions of paragraphs 1 to 5 shall apply
accordingly. ".
103. In § 31 para. 1 introductory part of the provisions: "Children and their dependent
persons with full provides direct provision is a matter for Pocket money,
the amount of which shall be for the calendar month the most ".
104. In § 31 para. 1 (b). (b)), ' 105 ' is replaced by ' 120 '.
105. In § 31 para. 1 (b). (c)), the number "180" is replaced by "210".
106. In § 31 para. 1 letter d) is added:
"(d)) $300, in the case of a child over 15 years or dependent person,".
107. In § 31 para. 1 the final part of the provision, the word "calculated"
repealed.
108. In § 32 para. 1, the word "total" is deleted.
109. section 33 is added:
"§ 33
A child who has been terminated stay in a device for the reasons referred to in § 24
paragraph. 6 (a). (b)), and (c)), according to its real needs at the time of
layoffs and according to the internal regulations provide justifications set out the substantive
help or a one-off allowance worth a maximum of $500.
Additionally, the child, in cooperation with the authority of the socio-legal protection of children
provides consulting assistance with housing and work, and
After you leave the child device provided advisory assistance in resolving
difficult life situations ".
110. In § 34 paragraph 1. 1 (b). (e)), the text "a (b))" is deleted.
111. section 36:
"§ 36
(1) The decision of the Ministry of rights and responsibilities under this
law, and in decisions of the Director of rights and responsibilities of persons
in the area of State administration in accordance with § 24 para. 3 covered by the administrative code.
(2) the Superior administrative authority of the Director of the orphanage, the children's
home with the school and the educational Institute is the regional authority. Supervisor
administrative authority of the Director of the Department of diagnostic Institute.
(3) an appeal against a decision pursuant to § 24 para. 3 (b). b), c), (e)), and (f))
does not have suspensory effect. ".
Footnote 18 is hereby repealed.
112. under section 36 shall be inserted a new section 36a, which reads as follows:
"§ 36a
Where in this Act talks about the child with the orphanage
This means even a child with an ordained provisional measure. ".
113. In paragraph 38, in the introductory part of the provisions for the word "children" the words
"clients".
114. In paragraph 38 the letter a) is added:
"and who are suffering from diseases in) an acute stage, including mental health
disease, or are under the influence of alcohol or other addictive substances and
in the opinion of the doctor require professional health care ".
115. In paragraph 38 (a). (b)), the word "which" shall be replaced by the word "who".
116. In paragraph 38, the existing text shall become paragraph 1 and the following
paragraph 2, which, including footnote # 19 is added:
"(2) the Medical device is obliged to grant the request of the Director of facilities
to examine whether the child is not under the influence of alcohol or other addictive
substances, and by the conclusion of a doctor to provide treatment to the child in the
healthcare facility for the time necessary to Detox under the conditions
stipulated by special legislation ^ 19).
19) Act No. 20/1966 Coll., as amended.
Code of civil procedure. ".
117. In § 39 para. 2, letter b) the following new subparagraph (c)), and (d)),
are added:
"(c)) to talk with children without the presence of other persons,
(d)) apply from employees and other persons involved in the care of
the children needed an explanation ".
Subparagraph (c)) to (f)) are known as the letters e) to (h)).
118. In § 39 para. 2 the letter g) is added:
"g) issue orders to the adoption of measures leading to the Elimination of the State of
contrary to the legislation, ".
119. In § 39 para. 2 (a). h) after the word "protection" is inserted after the word "children".
120. In § 39 para. 4, the words "district authorities in matters of socio-legal
the protection of children "shall be replaced by" the institutions of socio-legal protection of children ".
121. In § 41 para. 1 (b)):
"(b) the Organization procedure) the details of the device when receiving,
placement, relocation and dismissal of the children, about ensuring the order and
safety devices ".
122. In § 41 para. 1 (b). (f)), the number "5" shall be replaced by the number "4".
123. In § 41 para. 1 letter h) is added:
"(h)) to detect mental competence, the model statement before
psychological testing, a pattern of psychological assessment, details of
training of people applying for accreditation, the content of applications for accreditation by
§ 18a. ".
124. In § 41 para. 1 the letter i) deleted.
Article II
Transitional provisions
1. Opinions on mental competency issued before the effective date of
This law is valid for 7 years from the date of their issue, if
There are grounds for reasonable doubts about whether teachers meets
psychological condition of eligibility pursuant to section 18 of Act No. 109/2002 Coll., on
the performance of institutional care or protective care in school facilities and
about preventative educational care in school facilities and on changing other
law, in the version in force from the date of entry into force of this Act; in
this case, the Director of the Centre or diagnostic Institute, children's
home, children's home, school or educational institution shall prescribe
teacher to undergo a psychological evaluation and
shall fix a reasonable time limit.
2. the Director of the diagnostic Institute, the children's home, children's home,
the school or educational institution shall ensure that a decision on the amount of the contribution
to cover the care provided for children and dependent persons in the school
facilities for institutional upbringing or protective custody, released
before the date of entry into force of this law which are not in accordance with §
27 and 28 of Act No. 109/2002 Coll. on the execution of institutional care or protective
education in school facilities and on preventive educational care in
school facilities and amending other laws, in the version in force from the date of
entry into force of this Act, has been replaced by the new decisions, and
within 3 months from the date of entry into force of this Act.
3. The number of children in educational groups, family groups and the numbers
family groups and educational groups in school facilities for the performance of
institutional care or protective custody established prior to the date of acquisition
the effectiveness of this law shall be the Director of school facilities for
the performance of institutional care or protective custody in accordance with section 4, paragraph 4. 2 to
5 of law No 109/2002 Coll. on the execution of institutional care or protective
education in school facilities and on preventive educational care in
school facilities and amending other laws, in the version in force from the date of
entry into force of this Act, and within 2 years from the date of entry into force of
of this Act.
4. the amount of the contribution to cover care provided to children and their dependent
persons in diagnostic Institute, the children's home, children's home with the school
and the education of the Institute in accordance with § 27 para. 1 of Act No. 109/2002 Coll. on the execution of
institutional care or protective care in school facilities and on the
preventive educational care in school facilities and on changing other
law, in the version in force from the date of entry into force of this Act, is to
December 31, 2005, the same as the amount of the contributory base in accordance with § 27 para. 2
Act No. 109/2002 Coll. on the execution of institutional care or protective custody
in school facilities and on preventive educational care in school
devices and amending other laws, in the version in force from the date of acquisition
the effectiveness of this Act.
PART TWO
Amendment of the Act on the judiciary in matters of youth
Article. (III)
Act No. 218/2003 Coll., on juvenile liability for unlawful acts and the
the judicial system in matters of youth and on amendments to certain acts (the Act on
the judicial system in matters of youth), is amended as follows:
1. in article 15, the following paragraph 6 is added:
"(6) if the Court finds for the youth that there are reasons for regulation
institutional care according to the law on the family, will give rise to court
initiation. ".
2. in section 22 para. 1 the final part of the provision be added: "and it is not sufficient to save
educational measures. ".
3. In paragraph 81, the following paragraph 3 is added:
"(3) the amendment or repeal of educational measures pursuant to paragraph 1 shall decide
the Court within 30 days from the initiation of the proceedings. ".
PART THREE
cancelled
Article IV
cancelled
PART FOUR
Changing the Education Act
Article. In
Act No. 561/2004 Coll. on pre-school, primary, secondary, higher
vocational and other education (the Education Act), is hereby amended as follows:
1. in paragraph 1 of article 23. 2, the words "that are part of one legal entity"
replaced by the words "of which the activity executes one legal person".
2. In section 23 is at the end of paragraph 3 the following sentence "the founder of the school, if the
It is not a State, County, municipality or municipalities, not when you enable exceptions
the lowest number of children, pupils and students in each type of school, in
class, study group, and the Department is bound by the limit of 4 children, pupils and
students from the number set by the implementing regulation. ".
3. in section 28 para. 2 (a). a) after the word "nationality" shall be inserted after the words
"place of birth".
4. in section 28 para. 6, after the word "organization" replaces the comma and full stop
the words "and shall be published in the Gazette." shall be deleted.
5. In paragraph 125 of paragraph 1. 3 (d)):
"(d)) the types of species and types of schools and educational institutions, whose activities
educational legal person performs, ".
6. In paragraph 144 of paragraph 1. 1, letter a) is added:
"and the type of school or species), and the type of school facilities and their departmental
identifier ".
7. In article 147 paragraph. 1, letter a) is added:
"and the type of school or species), and the type of school facilities,".
8. In section 160 paragraph. 3, the first sentence is replaced by the phrase "funds
from the State budget pursuant to paragraphs 1 and 2 shall be provided in accordance with the actual
the number of children, pupils or students in a school or a school, in
individual disciplines and forms of training, beds, consumed or
other units established by special legislation, referred to the ^ 34a)
in the school population for the school year, but not to the level of
the allowed number of children, pupils or students in the school or school
the device, in various fields and forms of training, beds,
consumed or other units laid down specific legal
^ law 34a), mentioned in the education register. ".
Footnote # 34a:
"for example, 34a) section 16 of Act No. 109/2002 Coll., as amended
regulations. ".
9. In § 161 para. 2, the second sentence is replaced by the phrase "the performance Unit is
one child, pupil, student, resident, consuming, bed, class, study
Group, Department, or other entity provided for in specific legal
Regulation ^ 34a). ".
10. In § 161 para. 6 (a). a) after the word "shall" is inserted after the word "County".
11. At the end of section 161, the following paragraph 9 is added:
"(9) legal person performing the activities of the school or school
the device, which the municipality or municipalities shall be set up, processing and presenting
the Municipal Office of municipalities with extended powers an analysis of the management of
the funds of the State budget provided in accordance with paragraph 6
(a). (b)) by an outline and procedure laid down by the Ministry of under § 170
(a). d). Legal person performing the activities of the school or school
the device, which establishes a County, handles and submit the regional authority
analysis of the management of the funds of the State budget
provided in accordance with paragraph 6 (a). and according to the outline and procedure)
established by the Department pursuant to section 170 (c). d).".
12. in section 170 (c). (b)), the words "paragraph (b))" shall be deleted.
13. In article 185 paragraph 2. 9, the words "the school year 2005/2006" is replaced by
"the school year 2008/2009".
PART FIVE
Amendment of the Act on the provision of subsidies to private schools, pre-school and
educational equipment
Čl.VI
Act No. 306/1999 Coll., on providing subsidies to private schools,
pre-school and school establishments, as amended by Act No. 132/2000 Coll.
Act No. 254/2001 Coll., Act No. 16/2002 Coll., Act No. 280/2002 Coll. and the
Act No. 561/2004 Coll., is amended as follows:
1. In section 4, paragraph 4. 5 letter a) is added:
"and high school) providing secondary education, schools that
carry out educational programmes for children, pupils and students with disabilities
disabilities, the on-the-job training centre in the provision of education
According to the school education programs these schools, and primary schools
Special at 80%, ".
2. In section 4, paragraph 4. 5 (b)):
"(b)) other secondary schools not listed in subparagraph (a)), the Centre of practical
teaching in the provision of education by school education
programs these schools and higher vocational schools to 60%, ".
3. in § 5 para. 2 letter a) is added:
"and providing for high schools), secondary education, schools
carry out educational programmes for children, pupils and students with disabilities
disabilities, centres of on-the-job training in the provision of education
According to the school education programs these schools, and primary schools
Special on the 100% ".
4. in § 5 para. 2 (b)):
"(b)) in respect of other secondary schools not listed in subparagraph (a)), centres
on-the-job training in the provision of education by school
educational programs of the schools and colleges at 90% ".
5. In article 6 (1). 2, the first sentence is replaced by the phrase "grants shall be granted
the actual number of children, pupils or students in the school or school
the device, in various fields and forms of training, beds,
consumed or other units laid down specific legal
Regulation 6a), of that ^ ^ in the school population for the school
year, but not exceeding the amount of the allowed number of children, pupils or students in the
a school or a school, in various fields and forms
education, beds, consumed or other units as laid down
special legislation ^ 6a), referred to in the education register. ".
Footnote # 6a:
"6a) for example, section 16 of Act No. 109/2002 Coll., as amended
regulations. ".
Footnote No. 6a is referred to as a footnote
# 6b, including links to a footnote.
6. In article 6 (1). 3, the first sentence is replaced by the phrase "in the course of the
the school year to a change in the number of children, pupils, students, beds, consumed
or other units established by special legislation in the ^ 6a)
compared to the number that provides grants, legal person
shall notify without delay and present proof to the County
Office. ".
PART SIX
To change the code of civil procedure
Article. (VII)
In section 81 of the Act No. 99/1963 Coll., the code of civil procedure as amended by Act No.
519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993 Coll., Act No.
237/1995 Coll., Act No. 30/2000 Coll., Act No. 155/2000 Coll., Act No.
220/2000 Coll., Act No. 367/2000 Coll. and Act No. 366/2000 Coll.,
the following paragraph 4 is added:
"(4) the person was a minor on the basis of interim measures
under section 76a passed to care, is delivered to the resolution on the initiation of the procedure in the
the merits and decision on the merits. ".
PART SEVEN
Amendment of the Act on the pedagogical workers and on amendments to certain laws
Article. (VIII)
Act No. 561/2004 Coll. on pedagogic workers and amending certain
laws, is amended as follows:
1. in paragraph 1 of article 23. 3 deletes the number "2".
2. in section 24 paragraph 7 is added:
"(7) to further education and training referred to in paragraph 4 (b). b) pedagogical
It is for the workers time off in the range of 12 working days in the school year,
unless serious operational reasons; the period of leave determined
Director of the school. During pumping of such leave compensation salary,
that is equal to the amount of lost salary. If the employment relationship is only part of the
school year, responsibility for every month of employment one
twelfth of time off in the first sentence. When taking out or allow a shorter
than the stipulated weekly working time shall be reduced proportionately range off
in the first sentence. Unused sick leave or its proportional part without further
entitlements shall cease to exist. ".
PART EIGHT
The EFFECTIVENESS of the
Article. (IX)
This Act shall take effect on the first day of the second calendar month
following the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
Paroubek in r.
