333/2012 Sb.



LAW



of 19 December 2003. September 2012



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

protective education in educational establishments and the preventive educational care

in school facilities and on the amendment of other acts, as amended

regulations, and other related laws



Parliament has passed the following Act of the Czech Republic:



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

establishments 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

establishments and amending other acts, in the wording of the finding of the Constitutional Court

declared under no. 476/2004 Coll., Act No. 562/2004 Coll., Act No.

563/2004 Coll., Act No. 383/2005 Coll., Act No. 112/2006 Coll., Act No.

189/2008 Coll., Act No. 274/2008 Coll., Act No. 7/2009 Coll., Act No.

41/2009 Coll., Act No. 281/2009 Coll., Act No. 352/2011 Coll., Act No.

375/2011 and the law No 89/2012 Coll., is hereby amended as follows:



1. § 1, including title and footnote No 1 is added:



"section 1



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

protective education and preventive care for the elderly



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

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

educational care, educational care centres (hereinafter referred to as

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

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

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

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

developing the emotional side of his personality and allowing active participation

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

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

age.



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

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

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

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

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

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

concerning the child, including family therapy and parent training and

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

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

environment or its relocation to alternative family care.



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

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

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

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

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

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

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

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

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

from his family environment.



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

regulations. ".



2. In article 2 (2). 2 the words "the parents or other persons to whom the child

entrusted with the custody decision of the competent authority (hereinafter referred to as "the person

responsible for the education of ")" shall be replaced by "persons responsible for the

education ".



3. In section 2, at the end of paragraph 2 the following sentence "the device provides

the special pedagogical and psychological services to ambulatory form, and

It's a child who resides outside of the equipment referred to in section 23, paragraph. 1 (a). and)

c).“.



4. In article 2 paragraph 4 is added:



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

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

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

be placed into other devices, provides them the care allowance

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

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

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

Department within each facility referred to in paragraph 1. ".



5. In section 2 (2). 6, after the word "may", the words "on request"

and the words "and subject to the conditions agreed in the contract between the nezaopatřenou

person and device "shall be replaced by the words" pursuant to the contract concluded between the

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

institutional care or protective custody ".



6. In section 2 (2). 12 the words "social care ^ 5) ' is replaced by

"the establishment of social services ^ 5)".



Footnote 5:



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

services. ".



7. In section 3, paragraph 3. 2, the words "or medium expertise" be deleted and the second sentence

shall be replaced by the phrase "for the children, which reached a basic education or

foundations of education, ensure the device according to the relevant education

education program. ".



8. In section 4, paragraph 4. 3, the words "or in multiple buildings on one campus to set up

at least 2 and "shall be replaced by" establish ".



9. In section 4, paragraph 4. 4, the words ", educational or health" shall be deleted.



10. In section 4, paragraph 6 is added:



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

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

and that's assuming that will pay the increased expenditure on the activity of the facilities. ".



11. In section 5 paragraph 1 reads:



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

orphanage or imposed protective care and on

the basis of the results of the comprehensive examination, the health status of children and free

the capacity of each device is placed in children's homes, children's

homes with a school or educational institutions. ".



12. In section 5 (3). 5, the words "or a written application for admission" shall be deleted.



13. In section 5 paragraph 8 is added:



"(8) a diagnostic Institute places the child in a foster home or children's

home school based on the personal documentation of the child and without his

previous stay at diagnostic Institute



and in the case of a child) the younger 6 years



(b) in the case of a child), which has been in the care of the infant Department or facility

for children in need of immediate assistance,



(c) in the case of a child) without behavioral disorders,



(d) in the case of a child) with end-diagnostics, prepared by the Centre,

or



(e)) in a substantiated case.



If Additionally needed a comprehensive examination, makes it

diagnostic Institute in the facility, where the child was placed. The provisions of paragraph 7 of the

not prejudice. ".



14. In article 6, paragraph 3 is deleted.



15. section 7 is repealed.



16. In section 9 (2). 2 the word "long" be deleted.



17. In section 10, paragraph 1. 1 the word "are" be replaced by the words "may be".



18. In § 14 paragraph 2 is added:



"(2) the reformatory shall be established separately for children



and) with the orphanage



(b)) with stored protective care,



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



d) that require individualized medical care,



where appropriate, the educational institution for these children establish separate

educational group. ".



19. In section 14, paragraph. 3, the words "under the age of 15 years" shall be replaced by the words "older 12

the years ".



20. In the first section of title III:



"TITLE III



The Centre ".



21. section 16 and 17:



"section 16 of the



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



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

behavior and negative phenomena in the social development, or adults

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



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



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



(2) the Centre shall provide the following services:



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

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

other authorities and organisations involved in work with the child and

the family, especially in schools and educational establishments,



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



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

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

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

the device,



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

skills, specific learning needs in order to develop the

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

age, individual assumptions and possibilities,
(e) the special pedagogical and psychological), to remedy the defects in the

social relations and behavior and towards the integration of the personality

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



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

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

the socio-legal protection of children,



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

other institutions and bodies involved in the implementation of the measures

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

counselling or therapeutic services in the interest of the client.



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



and out-patient),



(b)),



c) boarding a maximum period of 8 weeks, or



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



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

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

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

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

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

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

dependencies.



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

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

of the Centre.



§ 17



(1) a service centre may ask, if the



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

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

school or educational establishment,



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

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

(a). and)



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

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

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

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

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

a client of this environment;



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

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

life and other rights shall not be affected.



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

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

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

also, the client, who is not the applicant.



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

or boarding services after the recommendations based on the results of

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

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

the Centre expressed within 14 days of its receipt.



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

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

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

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

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

their educational, educational or health needs.



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

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

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

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

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

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

in the Centre, unless otherwise agreed by the parties.



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

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



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

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



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



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

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



22. Article 18 paragraphs 2 and 3 are added:



"(2) Pedagogical worker device or resource centre

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

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

eligibility.



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

Psychological proof



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



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

whether the educational worker satisfies the condition of mental

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

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

pedagogical worker to undergo a psychological examination and

fix an appropriate time limit. "



23. In section 20 (2). 1 (a). about), after the words "educational worker"

inserted the word "and" and the words ", if there was no prohibitions or restrictions in the

the framework for action in education provided in this law "shall be replaced by the words

„ ; pedagogical worker visit, if you were a child

disabled or limited visits according to § 21. 1 (a). (e)) or if the

visit endangers the health or safety ".



24. In section 20, at the end of paragraph 1, the period is replaced by a comma and the following

the letter q):



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

reintegration of the child into the family and society. ".



25. In section 20 (2). 2 (c)) shall be deleted.



Existing subparagraph (d)) to (f)) are renumbered as paragraphs (c) to (e)).)



26. In § 20 paragraph 4 is added:



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

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

subparagraph (c)). ".



27. In section 20 (2). 5, the words ", with the exception of the provisions of paragraph 2 (a).

(c)) "shall be deleted.



28. In § 21. 1, point (d)) shall be deleted.



Subparagraph (e)), and (f)) are renumbered as subparagraph (d)), and (e)).



29. In section 22, paragraph. 1, the words "12 hours" shall be replaced by the words "6 hours".



30. In section 23, paragraph. 1 (a). (c)), the words "after completion of the compulsory school

attendance "shall be deleted and the words" in connection with his studies or work

the ratio "shall be replaced by the words" in connection with his education or

employment ".



31. In section 23, paragraph. 1 (a). l) shall be supplemented with the words "and if its legal

representatives to fulfil their obligations or does not appear on the child's real interest,

authorised to represent the child in matters of vital importance, if required

the interest of the child ".



32. In article 23, paragraph 1, the following paragraph 2 is added:



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



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

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

This child zprostředkovávána foster care or adoption, also

for information about how this mediation,



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

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

device. ".



Paragraph 2 becomes paragraph 3.



33. In section 24, paragraph. 1 letter i) is added:



"i discussed in advance) measures the fundamental importance of the legal representatives

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

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



34. In section 24, paragraph. 1 (a). l) and section 26, paragraph. 2 (a). (b)), for the words "section 23

paragraph. 1 (a). and) ", the words" to (c)) ".



35. In section 24, paragraph. 1 the letter m) is added:



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

records. ".



36. In article 24, paragraphs 2 and 3 are added:



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



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



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

the number of children,



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

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

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

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



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

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



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

^ special legal regulation 12a) gave disability a juvenile

the device, about the outcome of the measures taken,



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

the findings.



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



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

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

the legal representatives of the child, under section 2 (2). 7 (b). (d)),
(b) the refusal of the provision) full direct provision under section 2

paragraph. 6,



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



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



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

(c)),



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



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

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



37. In article 24, paragraph 4 shall be deleted.



Paragraphs 5 and 6 shall be renumbered as paragraphs 4 and 5.



38. In section 24 shall at the end of the text of paragraph 4, the words "and if it is not

the amount exceeded the allowed number of children referred to in the education index ".



39. In section 24, paragraph. 5, letter e) is added:



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

Court. ".



40. In section 25, the words "section 24 paragraph. 1 (a). and), h), (i)) and m) "shall be replaced by

the words "section 24 paragraph. 1 (a). and), h) and (i)) "and the words" section 24 paragraph. 2 (a). and)

(d)), and (f)) "shall be replaced by" section 24 paragraph. 2 (a). and), c) and (e)) ".



41. In section 26, paragraph. 1 at the end of the text of the letter e), the words "or

(c)) ".



42. In section 26, paragraph. 2 (a). (b)), the words "section 24 paragraph. 6 (a). and) "are replaced by

the words "section 24 paragraph. 5 (a). and) ".



43. In section 27. 1, the last sentence shall be deleted.



44. In section 27, paragraph 2 reads:



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

post about 30%. ".



45. Article 27, paragraph 4 shall be deleted.



Paragraphs 5 to 8 shall be renumbered as paragraphs 4 to 7.



46. In section 27. 6, the second sentence shall be deleted.



47. In section 27, the following paragraph 8 is added:



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



48. In section 28 paragraph 1 including the footnote No. 20 and 21:



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

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

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

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

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

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

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

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

specified post was less than 100 Usd, unless.



20) Law No 111/2006 Coll. on assistance in material need, as amended

regulations.



21) Law No 110/2006 Coll., on environmental and existential minimum, as amended by

amended. ".



49. In section 28 paragraph. 2 the words "6 months" shall be replaced by the words "12 months".



50. In section 29, paragraphs 1 and 2 shall be added:



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

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



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

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

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



51. In section 29. 3 the words "designated pursuant to section 27" shall be deleted.



52. In section 30, paragraph. 1, the words ", if the child is adopted in time to stay

up to 15 hours ' shall be deleted.



53. In section 30, paragraph. 2 the words "designated pursuant to section 27" shall be deleted.



54. In section 30, paragraph. 3, the words "as determined under section 27.0" are deleted.



55. In section 31, paragraph 1 reads:



"(1) to the persons and their dependent Children, which provides full direct

the pension is spending money. ".



56. In section 31, paragraph. 2, the last sentence shall be deleted.



57. In section 31, paragraph. 4, the words "within the limits laid down in paragraph 1"

shall be deleted.



58. In article 31, the following paragraph 5 is added:



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



59. In § 32 paragraph. 1, the words ", and up to an amount corresponding to the amount

referred to in section 27. 2 "shall be deleted.



60. In section 33, the words "section 24 paragraph. 6 (a). (b)), and (c)) "shall be replaced by the words" § 24

paragraph. 5 (a). (b)), and (c)) "and the words" in the value of up to 15 000 Czk "

shall be deleted.



61. In § 34 paragraph. 1 (a). and), after the words "child spolusprávy"

the words "rules, notification of escape to the police of the Czech Republic, including

placing of the person authorized to take over the child after its discovery ".



62. In § 34 paragraph. 1 (a). (e)), after the words "programme for the development of personality"

the words "in which the records are kept, in particular, on the implementation of

objectives, "and at the end of the text of subparagraph (e)), the words" or

(c)) ".



63. In § 34 paragraph. 1 at the end of the text of the letter g), the words

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



64. section 35:



"§ 35



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

The Czech school inspection to facilities or centres not prejudice. ".



65. In § 36 paragraph 1 reads:



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

paragraph. 3 and § 14 paragraph. 4. ".



66. In § 36 odst. 3, the words "section 24 paragraph. 3 (b). b), c), (e) and (f))) "

replaced by the words "section 24 paragraph. 3 (b). (b) to (f)) ".



67. In article 38, paragraph 1 reads:



"(1) to the device, do not accept children



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

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

a stay at the device, or



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

depressive and anxiety requiring psychiatric treatment. ".



68. section 40a is hereby repealed.



69. In section 41 at the end of paragraph 1, the period is replaced by a comma and the following

the letter i), which read:



"i) quality standards for preventive educational care centres and

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

devices. ".



70. In article 41, the following paragraph 2 is added:



"(2) the Government shall determine by regulation



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

or dependent persons,



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

Depending on the age of the child or dependent person,



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

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

or dependent persons,



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

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

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



Article. (II)



Transitional provisions



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

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

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

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



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

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

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

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

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



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

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

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

birthday, to successful graduation and other usual

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

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

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



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

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

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

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

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

during the calendar year so that their average monthly number of

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

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

Youth and sports.



PART THE SECOND



The change law of crisis



Article. (III)



In section 9 (2). 5 (a). and Act No. 240)/2000 Coll., on crisis management and on

amendments to certain acts (the crisis Act), as amended by law No 430/2010

Coll., the words "school facilities for preventive educational care"

replaced by the words "educational care centres".



PART THE THIRD



Amendment of the Act on the protection of public health



Article. (IV)



In section 52 of the Act No. 258/2000 Coll., on the protection of public health and

some related laws, as amended by Act No. 274/2003 Coll.,

the words "educational and preventative care" shall be replaced by "Centre

educational care ".



PART THE FOURTH



The amendment to the law on registers, name and surname



Article. In



In § 25 paragraph. 3 of Act No. 301/2000 Coll. on registers, the name and surname and

amending certain related laws, as amended by Act No. 239/2008

Coll., the words "for the preventive educational care ^ 9a)" shall be replaced by the words

"educational care centres ^ 9a)".



PART THE FIFTH



The amendment to the law on value added tax



Article. (VI)



In § 48a of the paragraph. 4 (b). f) of Act No. 235/2004 Coll., on value added tax
values, as amended by Act No. 261/2007 Coll., the words "for preemptively

educational care, as well as the Centre's educational care "shall be replaced by

"educational care centres".



PART SIX



Change Education Act



Article. (VII)



Act No. 561/2004 Coll. on pre-school, primary, secondary, higher

vocational and other education (the Education Act), as amended by Act No.

383/2005 Coll., Act No. 112/2006 Coll., Act No. 158/2006 Coll., Act No.

161/2006 Coll., Act No. 165/2006 Coll., Act No. 179/2006 Coll., Act No.

342/2006 Coll., Act No. 624/2006 Coll., Act No. 217/2007 Coll., Act No.

296/2007 Coll., Act No. 343/2007 Coll., Act No. 58/2008 Coll., Act No.

126/2008 Coll., Act No. 189/2008 Coll., Act No. 242/2008 Coll., Act No.

243/2008 Coll., Act No. 306/2008 Coll., Act No. 384/2008 Coll., Act No.

49/2009 Coll., Act No. 227/2009 Coll., Act No. 378/2009 Coll., Act No.

427/2010 Coll., Act No. 73/2011 Coll., Act No. 331/2011 Coll., Act No.

375/2011 Coll., Act No. 420/2011 Coll., Act No. 472/2011 Coll. and act

No 53/2012 Coll., is hereby amended as follows:



1. At the end of section 116, the following sentence "For school guidance device

for the purposes of this Act, be deemed to include the educational care centre, in

the scope of its activities provided for in a special law ^ 1a). ".



2. In section 121 is at the end of the text of paragraph 1, the words ", with the exception of

educational care centres ".



PART SEVEN



The amendment to the law on staff



Article. (VIII)



Law No. 563/2004 Coll., on staff and on the amendment of certain

laws, as amended by law no 383/2005 Coll., Act No. 179/2006 Coll., Act

No 264/2006 Coll., Act No. 189/2008 Coll., Act No. 384/2008 Coll., Act

No 223/2009 Coll., Act No. 227/2009 Coll., Act No. 422/2009 Coll., Act

No 159/2010 Coll. and Act No 420/2011 Coll., is hereby amended as follows:



1. In section 5 (3). 1 (a). (b)), and (c)), the words "educational facilities for

preventive educational care "shall be replaced by" educational care centres ".



2. In section 16. 2 the introductory part, the words ' the provisions of the education facilities

for preventive educational care "shall be replaced by the words" educational centre

care ".



PART EIGHT



The EFFECTIVENESS of the



Article. (IX)



This Act shall take effect on the first day of the calendar month

following the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.