401/Sb.



LAW



of 5 December. September 2012



amending Act No. 359/1999 Coll. on social and legal protection of children,

in the wording of later regulations, and other related laws



Change: 267/2014 Sb.



Change: 205/2015 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



The amendment to the law on social and legal protection of children



Article. (I)



Act No. 359/1999 Coll. on social and legal protection of children, in the text of the Act

No. 257/2000 Coll., Act No. 273/2001 Coll., Act No. 309/2002 Coll., Act

No. 320/2002 Coll., Act No. 518/2002 Coll., Act No. 222/2003 Coll., Act

No. 52/2004 Coll., Act No. 315/2004 Coll., Act No. 436/2004 Coll., Act

No 501/2004 Coll., Act No. 57/2005 Coll., Act No. 381/2005 Coll., Act

No 112/2006 Coll., Act No. 135/2006 Coll., Act No. 165/2006 Coll., Act

No 176/2007 Coll., Act No. 124/2008 Coll., Act No. 259/2008, Coll., Act

No 297/2008 Coll., Act No. 305/2008 Coll., Act No. 414/2008 Coll., Act

No 41/2009 Coll., Act No. 227/2009 Coll., Act No. 73/2011 Coll., Act

No 375/2011 Coll. and Act No 420/2011 Coll., is hereby amended as follows:



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

the letter d), which read:



"(d) the replacement of the family environment) security for a child who cannot

be permanently or temporarily reared in own family. ".



2. In section 1, the following paragraph 3, including the footnote No. 55

added:



"(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).



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

maintenance obligations. ".



3. In section 4, paragraph 4. 1 at the end of the text of subparagraph (c)), the words "and the district

the authorities; the provisions of this law on municipal offices also apply to

district authorities ".



4. In section 4, at the end of paragraph 1, the period is replaced by a comma and the following

subparagraph (f)), which read:



"(f)) work in the Czech Republic-regional branches and a branch for the main

City of Prague (hereinafter referred to as "the regional branch office of the work" ").".



5. in section 4, the following new Section 4a, including title and notes

line no 56 is added:



' 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 decision of the Court or the authority of the socio-legal protection of temporarily entrusted to the

in the care of a person who is interested in becoming a foster parent, and for the duration of the

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.



56) section 11 to 16 of Act No. 117/1995 Coll., on State social support, in

amended. ".



6. the title of part II:



"THE BASIC PROVISIONS OF THE SOCIAL AND LEGAL PROTECTION".



7. section 5 is added:



"§ 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. ".



8. In section 6 (1). 1 (a). (c)) for the word "substance", the words "are

affected by addictions ".



9. In article 6, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph

1.



10. In section 7 (2). 2, § 10 (1). 1, § 31, § 32 paragraph. 1 to 3 of the introductory part of

the provisions of § 34 paragraph. 1, § 41, section 43, paragraph. 1, section 54 (b). and, section 59e)

paragraph. 1 and section 59k paragraph. 1 is the text "section 6 (1). 1 "shall be replaced by the text" section 6 ".



11. under section 9 shall be added to the new section 9a is added:



"§ 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) socially-legal protection. "



12. In section 10, paragraphs 3 to 5 shall be added:



"(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 individual plan for child protection and) processes with emphasis on
the adoption of measures to enable the child to remain in the care of parents or

other persons responsible for the upbringing of the child, (b)) shall prepare from the beginning

the period of the provision of social and legal protection, not later than one month from the

the inclusion of the child in the register of the municipal office municipality with extended

(c)), regularly updated, in particular in situations where it is

educational measures imposed, ordered the constitutional education, conservation education

or when the child is entrusted to a facility for children in need of immediate

assistance, in foster care or other alternative education. ".



13. footnote No 9a is repealed, and including references to note

under the line.



14. In section 10, paragraphs 6 and 7 shall be deleted.



15. In section 11 paragraph 2 is added:



"(2) the 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. ".



16. In section 12, paragraph. 1 introductory part of the provision, the words "assistance to vocational

guidance device "shall be replaced by the words" professional advice ".



17. In section 12 at the end of paragraph 1, the period is replaced by a comma and the following

the letter c), which read:



"(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 consultancy services or the mediator. "



18. In section 12, paragraph. 2 the words "the Office work of the Czech Republic-regional

branches and Branch Office for the city of Prague (hereinafter referred to as "the regional branch

Office work ")," are replaced by "the regional branches of the Office work" and

the words "Advisory assistance device" shall be replaced by the words "professional

Advisory assistance ".



19. the Above section 13 shall be inserted, as follows:



"Educational measures".



20. section 13:



"section 13



(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 with the concurrence of authority

social and legal protection, schools or other institutions and persons

that Act, in particular, in the place of residence or workplace of the child,



(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.



(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))) did not lead to

remedy.



(3) Municipal Office municipality with extended competence may request the competent

Municipal Office to monitor whether educational measures are complied with,

decided. ".



21. under section 13 shall be added to § 13a is inserted:



"§ 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 deprived of) that any care or if his life or

health seriously at risk,



(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 the interim measure under section 76 or section 76a of the judicial

or educational measure referred to in paragraph 1, for the purposes of assessing the

the total period of continuous duration of the educational measure referred to in paragraph 5

add up. Provisional residence authorisation (visits) for the parents or other

persons referred to in section 30 does not have on the total duration of the educational measure referred to in

paragraph 5 influence. ".



22. section 14 reads:



"section 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 the decision to satisfy) the conditions for the adoption of that

parents do not show interest in your child



(b) the restriction or deprivation) parental responsibility or suspension

her 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.



(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 (g)) is to evaluate the reason for submission

design are not only inadequate housing conditions, or property

a child's parents or persons who have been entrusted to the care of the child, if the

are these persons or the parents eligible to secure the proper education

the child and the fulfilment of the obligations arising from their parental

accountability.



(4) if the measures taken by the Court pursuant to a special legal

Code ^ 10) led to the correct behavior of the child, the parents or in negotiations

other persons who would disturb the proper upbringing of a child, may submit a municipal

the Office draft shtetls Court on cancellation of these

the measures.



(5) 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.



(6) Municipal Office municipality with extended competence provides synergy Court

in the performance of the decision about the upbringing of minor children under the Special

the law ^ 12a).



(7) 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 6 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.



(8) 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.



(9) for the cooperation referred to in paragraph 6 shall provide or

child support mediation, or his parents, or

other persons responsible for the upbringing of the child.



(10) the municipal office municipality with extended powers 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. ".



23. In section 18, the words ", or, if the Ministry is facilitating the

custody of a child in foster care or adoption of a child (section 24a) "

shall be deleted.



24. In section 19 (1):



"(1) the local authority municipalities with expanded authority decides on the conferral of

of the child



and the future adoptive parents) ^ 17), if the child is in foster care

transitional period, in the Constitution or in facilities for children requiring immediate

assistance from the decision of the Court or of the will of the parents, unless it is a case referred to

in paragraph 2,



(b)) in the care of the physical person who is interested in becoming a foster parent ^ 18) if

the child from the decision of the Court in the Institute, in a facility for children in need

immediate assistance or in foster care for a transitional period; Similarly, it may

be entrusted to the care of foster children, which is not in the constitutional

education, with the consent of the parents;



information about the child's custody shall send to the competent court within 15 days from the date of

decision. Municipal Office municipality with extended powers is entitled to

decisions about child custody or care of the future adoptive parents.

future foster parent, unless, in the case referred to in section 20 (2). 3 only

the applicant, who is listed in the notice of the regional authority, pursuant to section 24 of the

paragraph. 3. ".



25. In section 19, paragraph. 4, the words "the authority of the State social support"

replaced by the words "the regional branch office, work that" and the words "in accordance with

special legal regulation ^ 20a) "and a footnote No 20a,

shall be deleted.



26. In section 19, paragraph 4, the following paragraph 5 is added:



"(5) the municipal office municipality with extended competence or Authority may at any time in the

the time during which the child is entrusted to the custody of other than natural persons

the parents ' decision referred to in paragraphs 1 and 2, verify whether or not to change

facts for custody of the child to education other physical

persons other than the parents or for the intermediation of adoption or foster care,

in particular, whether they are parents or other persons close to the child able and willing to

to take a child into its care. If it finds such a fact, implement the new

the proceedings. In the event that the child's custody has occurred after previous

the mediation of the regional authority, shall notify the initiation of regional

Office. ".



The present paragraph 5 shall become paragraph 6.



27. In article 19a, paragraph. 1 (a). and the words ") suitable for adoption or to

commit to foster care "shall be replaced by the words", which is to be

to provide care in a family environment in the form of replacement of foster care

or adoption ".



28. In § 20 paragraph 1 including the footnote No. 57:



"(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.



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. ".



29. In section 20 (2). 2 (a). and), the words "and the Ministry" are deleted.



30. section 21 of title, including:



"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) to (f)) or if it was otherwise, the proceedings of the Court, which may

lead to the removal of the child from the care of parents or other persons responsible for the

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 by the Special

^ law 22),
(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 file documentation management. ".



31. section 22, including the title:



"§ 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

applicants, within 15 days from the date of the entry into force of the decision on

the inclusion in the register of 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, pursuant to section 27. ".



32. section 23, including the title.



33. section 24 of the title:



"§ 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 submit the application for child custody of the future

adoptive parents or in foster care, no later than 30 days from the

the day when he was served a notice in writing of the regional authority in accordance with

paragraph 2; This time limit may, in justified cases, the regional authority

extend, but not more than 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 address these suggestions. ".



34. section 24a, including the title.



35. section 24b including title:



"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 decision of the municipal office municipality with extended competence

has custody of the future adoptive parents or in the care of the physical

a person who is interested in becoming a foster parent, 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 the decision on child custody

the future adoptive parents or in the care of the physical person who is interested in becoming a

a foster parent is obliged to interrupt the adoption for the purposes of the mediation 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 ".



36. section 24 c including title:



"§ 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

Office. ".



37. § 24d, including the title:



"§ 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. ".



38. section 25 including title:



"section 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. ".



39. section 27 including the title:



the "section 27



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,



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 the environment in the family, or other facts

applicable to the adoption of a child or his custody 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. ".



40. section 27a is added:



"§ 27a



(1) the Regional Office for the purposes of providing foster care for the child on the

a transitional period under a special legal regulation ^ 23b) the registration of persons,

that can foster care after a transitional period of exercise. In the register

persons shall be classified on the basis of requests made by the local authority of the commune with

extended powers. Municipal Office municipality with extended competence is

must complete the request for information and documents referred to in paragraph 3

They shall forthwith refer the request to 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)) time, after which consent can be parents with adoption, 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 of 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. ".



41. In section 29. 1, the words "in social care institutions ^ 27)" shall be replaced by

the words "homes for people with disabilities" and the note below

line No 27 is deleted.



42. In section 29, paragraph 7 is added:



"(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. ".



43. In section 30, paragraph. 1 the figure "14" is replaced by "30".



44. In section 30, paragraph. 3 at the end of the text of the first sentence, the words ", and

individual child protection plan if it is processed ".



45. In section 31 of the present text becomes paragraph 1 and the following

paragraphs 2 and 3 shall be added:



"(2) taking care of the children 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. ".



46. In article 32, the following paragraph 4 is added:



"(4) the 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. ".



47. In § 34 paragraph. 5, the first sentence shall be inserted after the phrase "of 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. ".



48. In section 35, paragraph. 2 (a). (f)), for the words "living abroad", the words

"the family and the persons required nutrition,".



49. In section 35 is at the end of paragraph 2, the period is replaced by a comma and the following

the letter l) and (m)), including footnotes, No 58:



"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.



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 of maintenance obligations. ".



50. In article 35, the following paragraph 4, including the footnote.

59:



"(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).



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. ".



51. In section 35a, the words "legal representatives of the child", the words

"or any other person responsible for the upbringing of the child" and the words "legal

representative "shall be inserted the words" or other person responsible for the education of

of the child ".



52. In section 38, paragraph. 2 (a). a), the words ' section 39 ", the words" paragraph.

1. "



53. In § 38 at the end of paragraph 2, the period is replaced by a comma and the following

subparagraph (f)), which read:



"(f)) in the scope of their competence under letters) to (e)), organized by the case

Conference. ".



54. In paragraph 38. 7, the amount "Eur 80" shall be replaced by the amount "$ 120" and

the amount of "$ 680" is replaced by "1 020 CZK".



55. § 38a is inserted:



"§ 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. ".



Footnote No. 39a is hereby repealed.



56. section 38b is inserted:



"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

Ministry. ".



57. section 39:



"§ 39



(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 according to § 49. ".



58. the Above designation section 42 shall be inserted before the heading "Facilities for children in need

immediate assistance ".



59. section 42:



"§ 42



(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,



(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

under section 46 of the Act on the family.



(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 of the socio-legal protection. "



60. section 42a is inserted:



"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 parents or other persons responsible for the

raising a child for a permit of stay outside the facility for children in need

immediate assistance. Superior administrative authority of the Director of the regional office,

the circuit is located in the headquarters facilities for children in need

immediate assistance. The appeal against the decision of the Director does not have 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 of the socio-

the legal protection of children or the Court to issue a decision in accordance with paragraph

7 (b). and the relocation of the child) to another facility for children in need

immediate assistance in accordance with paragraph 7 (a). and) is required consent of the competent

the authority for social and legal protection of children, and the proposal of the Court for the release 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 requiring immediate help. ".



Footnote No. 39 c is deleted.



61. In the second subparagraph of section 42 c. 1, the number of "0.8" shall be replaced by "not more than 1.6" and on the

the end of paragraph 1, the following sentence "the amount of the contribution in the individual

cases, the Director of facilities for children requiring immediate help

decision. ".



62. In the second subparagraph of section 42d. 1, the words "the amount of the subsistence level set

a special law ^ 39f) "shall be replaced by" the sum of the amounts

According to the Act on the subsistence lifestyle and an existential minimum ^ 39f) and

the amount of normative cost of living according to the law on State social

support ".



63. section 42 g is:



"§ 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. ".



64. In section 42 h of paragraph 1 reads:



"(1) State allowance 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 proved. ".



65. In paragraph 42l. 3 at the end of the text of the letter f), the words "or

the request of the legal representative according to § 42 paragraph. 2 (a). (c)) and the statement of

merits tests are applied according to § 42 g of paragraph 1. 1. "



66. section 44 to 47, including headings and footnotes No. 40 to 44

shall be deleted.



67. As part of the fourth part five shall be inserted, including title and

footnote No. 60 to 66:



"PART OF 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.



§ 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 or authority

the socio-legal protection of temporarily entrusted to the care of a person who has an interest in

become 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 both spouses the person responsible or by a person in a register,

belong to only one foster parent remuneration from them. The provisions of section 47n sentences
the second applies 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, accident insurance premiums and the insurance on the

General health insurance ^ 60) considered income from dependent

activity.



§ 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.



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 authority for social and legal protection or the Court of

child custody the person who is interested in becoming a foster parent,

the fulfilment of the conditions laid down in this law for entitlement to a benefit

foster care and its payment and submission of the application for the award of benefits

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,

the grounds for 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 through

cards, social systems, and that the transfer of the payment account specified

the recipient, in cash or by credit card, the social function

systems. Way of payment determines the recipient of benefits. The person is

required to indicate in the request, which of the following has to be the dose of

paid. If so requested by the recipient of the benefits of the change in the method of payment of benefits, is

the regional branch office of the work required to make a change to the method of payment of benefits

from the calendar month following the month in which the request was

change the payment delivered.



(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.



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. ".



The present part of the fifth through ninth are known as part of the sixth to the tenth.



68. In section 48 paragraph 2 is added:



"(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. ".



69. In section 48, the following paragraph 4, including the footnote.

65:



"(4) the persons 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.



65) Act No. 108/2006 Coll., on social services, as amended

regulations. ".



70. section 49 including title:



"§ 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 in the case of a legal person) the registration document, or write to

appropriate register under special legislation and the name ^ 45) and

last name of the person authorized to act on behalf of the legal person,



(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)) provide the authority that decided on the mandate, necessary documents and

allow him entry to the premises in which the socially-legal protection

exercises, to verify compliance with the conditions referred to in paragraph 2,



(c)) 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



(d)) drawn up 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,



e) 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. The designated officer is

the obligation to ensure that the credentials shall be issued by the authorities, the conditions for the exercise of

checking and supervising the work. Permissions check performance

social and legal protection in accordance with the first sentence also has a regional office, in whose

the perimeter is the place of the registered office facilities of the socio-legal protection of or in the

the perimeter of the designated person shall exercise the activity related to the socio-legal

the protection; the designated officer shall perform the duties referred to in the second sentence, the

This regional office. 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. ".



71. § 49a including title:



"§ 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

providing social and legal protection did not participate. ".



72. In section 50, paragraph. 1 (a). (c)), the words "§ 49 paragraph. 8 (a). and) "are replaced by

the words "§ 49 paragraph. 10 (a). and) ", and in subparagraph (e)), the words" § 49 paragraph. 6 "

replaced by the words "§ 49 paragraph. 8. "



73. As part of the sixth, the following new part seven:



"PART OF THE SEVENTH



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. ".



The former part of the seventh to tenth are referred to as part of the eighth to

the eleventh.



74. section 51 including title:



"§ 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

a recommendation to announce municipal municipality with extended powers,



(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 referred to in section 19, paragraph. 4,



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 of the socio-legal protection

about 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). ".



75. In § 52 paragraph. 1 and 2 and section 57, the words "employees of the authority

social and legal protection "shall be replaced by" 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 ".



76. In § 52 paragraph. 3 the words "employees of the institutions of socio-legal

protection ' shall be replaced by the words "Staff in the bodies of socio-legal

the protection of employees in the region, the inclusion of the regional office, staff

the municipality of inclusion into the local authority ".



77. In section 53, paragraph. 1, letter e) the following new subparagraph (f)), which read:



"(f)) providers of social services".



78. In section 53a shall be inserted after paragraph 1 to 4, which including the comments below

line no. 66:



"(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.



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. ".



Paragraphs 1 to 7 shall be renumbered as paragraphs 5 to 11.



79. In § 55 paragraph 8 is added:



"(8) for the keeping of records of the regional authority under section 22 and 27 shall apply

the provisions of paragraph 7, mutatis mutandis. ";"



80. In paragraph 57. 1 the words "(section 51)" are deleted.



81. In section 57, at the end of paragraph 3 the following sentence "i have Permission

authorised persons, and to the extent and in the manner which is necessary for the performance of

social and legal protection in accordance with granted credentials. ".



82. under section 58a is added to section 58b, including title:



"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 help. ".



83. section 59:



"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

the extension of data on adoption,



(f)) undermined the performance of protective upbringing of the child or interferes with the child's education

delegated to another citizen than 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) intend to humiliate the human dignity of the child applies to him

disproportionate measures, or



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. ".



84. In section 59a of the paragraph. 1 (a). and the words "assistance) vocational guidance

the device "shall be replaced by the words" professional consulting assistance or to participate in the

the first meeting of the registered mediator or family therapy "and the words

"section 12" shall be inserted the words "or section 13".



85. In section 59f, paragraph. 1 (a). and the words ' and) section 24a, paragraph. 4 "are deleted.



86. In section 59i paragraph. 1, after the words "person", the words "or

as a provider of social services ".



87. section 59j is hereby repealed.



88. In § 59 l, paragraph. 5 (a). (b)), the words "§ 59d" shall be replaced by "section 59f.



89. In § 59 l, paragraph. 5 (a). (d)), the words "section, paragraph 59. 1 (a). e) to (h)) "

replaced by the words "section, paragraph 59. 1 (a). e) to (j)), section 59 and paragraph. 1 (a). and) "and

at the end of the text of subparagraph (d)) shall be added the words ", if you have not set up

the Commission for the performance of the transferred competence under the Special Act ^ 67) ".



Footnote No. 67:



"67) Act No. 128/2000 Coll., as amended.".



90. In paragraph 59 l. 5 (a). (e)), after the words "who issued the credentials"

the words "Regional Office in whose district the facility is situated

the socio-legal protection of the person in charge. "operated by the



91. section 60, including footnotes, no. 68 and 69:



"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.



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. ".



92. section 61 including title:



"§ 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)) where the address of the registered office facilities for children in need

immediate assistance, if the State contribution for the founder of this

the 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)) of the place where the debtor is the parent, in the case of adoption the consent of parents with

the adoption of the child in advance without respect to a particular osvojitelům (§ 19 paragraph.

3),
e) 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

Republic. ".



93. In section 62, paragraph. 3, the third sentence shall be deleted.



94. section 63 shall be deleted.



Article. (II)



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.



PART THE SECOND



Amendment of the Act on the family



Article. (III)



Act No. 94/1963 Coll., on the family, as amended by Act No. 132/1982 Coll., Act

No. 234/1992 Coll., the finding of the Constitutional Court declared under no. 72/1995 Coll.,

Act No. 91/1998 Coll., Act No. 360/1999 Coll., Act No. 301/2000 Coll.

Act No. 109/2002 Coll., Act No. 320/2002 Coll., Act No. 321/2002 Sb.

Law No. 315/2004 Coll., Act No. 383/2005 Coll., Act No. 112/2006 Coll.

Act No. 115/2006 Coll., Act No. 135/2006 Coll., Act No. 227/2006 Coll.

Act No 342/2006 Coll., Act No. 259/2008, Coll., the finding of the Constitutional Court

declared under the no 244/2010 Coll. and Act No. 84/2012 Coll., is hereby amended as follows:



1. section 43, including footnotes, No 13:



"§ 43



(1) if required by the interest of the proper upbringing of the child, and if they do so

the authority for social and legal protection of children, the Court may decide on the education

measures under the Act on social and legal protection of children ^ 13).



(2) the Court shall monitor whether compliance with the educational measures, which

decided, and evaluate its effectiveness as a general rule in conjunction with the authority

the socio-legal protection of children, or other people.



(3) has made a body of socio-legal protection of children the educational measures

under the law on social and legal protection of children, does not need the approval of the

of the Court.



13) section 13 of Act No. 359/1999 Coll. on social and legal protection of children, in

amended. ".



2. In section 45 paragraphs 2 and 3 are added:



"(2) a child is able to confide even in the common education of the spouses. Divorce

the marriage of the spouses ' common education. Divorce must

to prevent the new legislation the rights and obligations of the spouses to the child. Die

one of the spouses, the child remains in the education of the other spouse.



(3) to only one spouse is possible to entrust the child only

the consent of the other spouse. This consent is not necessary, if the other

the spouse is not eligible for full legal capacity, or if the provisions of this

permission associated with a barrier difficult to překonatelnou. ".



3. In section 45, the following paragraph 5 is added:



"(5) if it is not possible to save the obligation to the parents of the child,

the provisions of paragraphs 1 to 4 shall apply. ".



4. § 45a including footnote No 14:



"§ 45a



(1) the Court may entrust the child to the foster care of a natural person (hereinafter referred to as

"foster father"), if the interest of the child requires the conferral of such care and

person Guardian provides a guarantee of the proper upbringing of the child. If you took the

the personal care of the child, the person related or child nearby, gives her court

precedence over another person, unless this is not in accordance with the interests of the child.

The details of the legislation lays down specific ^ 14).



(2) the Court may entrust the child to foster care, for a transitional period.

Reasons for the custody of a child in foster care for a transitional period, and

the details of the adjustments provided for by law on social and legal protection of children ^ 14).



(3) a child may also be entrusted to a common foster care of the spouses;

the provisions of section 45, paragraph. 2 and 3 shall apply mutatis mutandis.



(4) foster care may be cancelled by a court decision. The Court may

cancel the foster care only for important reasons; to do so, always

If so requested by a foster father.



14) Act No. 359/1999 Coll., as amended. ".



5. In paragraph 2 of section 45b:



"(2) if the child is from a decision of the Court in the Institute, in facilities for children

requiring immediate assistance, or in foster care for a transitional period,

may be by a court decision on the custody of a child in foster care

temporarily entrusted to the authority by a decision of the socio-legal protection of children

a person who is interested in becoming a foster parent and meets the conditions laid down;

Similarly, it may be entrusted to the care of foster children, which is not

in the constitutional education, with the consent of the parents. If, within three months from the

legal force of this decision at the court proceedings on the custody of the child

to foster care, the decision on the temporary legal custody of the child shall cease to

effects. ".



6. section 46 reads as follows:



"§ 46



(1) If the child's education is seriously at risk or seriously impaired, and

other educational measures have not led to the remedy or if the other

for serious reasons cannot secure the parents raising a child, the Court may

order the constitutional education or child to care facilities for children

that require immediate assistance (section 42 of Act No. 359/1999 Coll., on the

the socio-legal protection of children). If it is in the interest of the minor

necessary, the Court may order institutional education or to entrust to the care of the child

facilities for children in need of immediate assistance in the event that other

renewal of educational measures. The Court may, for important reasons

to extend the constitutional education for up to one year after reaching the age of majority. For

a serious threat or serious disruption in the education of the child shall not be considered

inadequate housing conditions, or property of the child or parents

persons to whom the custody if such persons are otherwise

or the parents eligible to secure the proper upbringing of the child and to carry out

obligations arising from their parental responsibility.



(2) the constitutional education can be required for a maximum period of 3 years. Constitutional education

can be used before the expiration of 3 years from the regulation be extended, if the reasons

for the constitutional regulation of education still persists. The duration of the institutional care can be

extended repeatedly, but always for a maximum period of 3 years. After a period of time, than

the Court shall decide on the revocation or an extension of the constitutional education, child

remains in the constitutional education, even if they have already passed the time before decision

the Court laid down.



(3) the provisions of paragraph 2 shall apply by analogy to the duration and

extension of the Court's decision on child custody facilities for

children in need of immediate assistance.



(4) before the regulation of the Constitutional Court is obliged to examine the education, that education

the child cannot provide a substitute family care or care in an establishment for

children in need of immediate assistance, which take precedence over education

constitutional. Have ceased to exist after the constitutional regulation of education of her reasons, or if it can be

the child provide a substitute family care, the Court cancels the constitutional education.



(5) if the ordered measures referred to in paragraph 1, the Court is obliged to at least

once every 6 months to examine whether there are grounds for the regulation of this

the measures or whether it is not possible to ensure child care replacement family. For

to this end, in particular



and) will require competent authority report of socio-legal protection of children,



(b) affix the expression of child's), if one is the child, having regard to his age and the

intellectual maturity, capable, and



(c) the child's parents to ask) to express their opinion. ".



7. section 68:



"§ 68



(1) to not necessary the consent of the parents, who clearly does not have a child

interest.



(2) it is considered that the lack of parents for a child is obvious, it takes at least 3

month from the last projeveného real interest. If you cannot, however, in

the behavior of parents found gross violations of its obligations,

that the authority for social and legal protection of children instructed in the possible

the consequences of his behavior, and that from such lessons have passed at least 3

of the month. The authority for social and legal protection of children is obliged to provide parents
After this latest guidance advice and assistance under the conditions laid down

another legal provision.



(3) the Guidance referred to in paragraph 2 shall not be required, if the parent has left the place where

previously, without said, where it now resides, and unable to

or for 3 months to see the place where the parent resides.



(4) the provisions of paragraphs 1 to 3 shall apply, mutatis mutandis, in the case that the parent

a minor.



(5) the conditions referred to in paragraphs 1 to 3 shall act on a proposal from the

the authority for social and legal protection of children as the guardian of the child, or

on the proposal of the parents of the child, the Court ".



8. In article 69, paragraph 2 reads:



"(2) for the custody of a child who is in foster care on a temporary basis, in the

the Institute or in a facility for children in need of immediate assistance from a decision

of the Court or of the will of the parents, to the care of future adoptive parents decides to authority

the socio-legal protection of children; the provisions of section 67 to 68b shall apply mutatis mutandis. ";"



Article. (IV)



Transitional provisions



1. the procedure for custody of the child to education of other natural persons than the parents, to the

the joint education of the spouses, in foster care, to foster common

care of the spouses or in foster care for a transitional period, as well as the management of the

the constitutional regulation of the education and management of the educational measures according to the

Act No. 94/1963 Coll., as amended, effective the day of the entry into force of this

the law, initiated and been the unfinished before the date of entry into force of

This Act shall be completed and the rights and obligations associated with them shall be

According to Act No. 94/1963 Coll., as amended, effective until the date of entry into force of

of this law.



2. the decision of the Court about the fact that there is no need parents ' consent to adoption

of the child, issued pursuant to section 68 of Act No. 94/1963 Coll., as amended effective to

date of entry into force of this Act, shall remain in force and in compliance with

the conditions for the adoption of a child shall be under the legislation of

effective prior to the date of entry into force of this law. The proceedings initiated

pursuant to section 68 of the Act No. 94/1963 Coll., as amended, effective the day of acquisition

the effectiveness of this law, and been the unfinished completes and the rights and

the obligations associated with them shall be assessed pursuant to section 68 of the Act No. 94/1963 Coll.,

in the version effective as from the date of entry into force of this law.



PART THE THIRD



To change the code of civil procedure



Article. In



Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967

Coll., Act No. 158/1969 Coll., Act No. 49/1973 Coll., Act No. 20/1975

Coll., Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993

Coll., Act No. 171/1993 Coll., Act No. 117/1994 Coll., the Act No. 152/1994

Coll., the Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995

Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995

Coll., the finding of the Constitutional Court declared under no. 31/1996 Coll., Act No.

142/1996 Coll., the finding of the Constitutional Court declared under no 269/1996 Coll.,

Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No. 15/1998 Coll.

Act No. 91/1998 Coll., Act No. 165/1998 Coll., the Act No. 326/1999 Coll.

Act No. 360/1999 Coll., the finding of the Constitutional Court, declared under no.

2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.

46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll., Act No.

155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No.

227/2000 Coll., Act No. 367/2000 Coll., Act No. 370/2000 Coll., Act No.

120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.

271/2001 Coll., the finding of the Constitutional Court, declared under no. 276/2001 Coll.

Act No 317/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.

Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Sb.

Act No. 226/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.

the finding of the Constitutional Court, declared under no. 476/2002 Coll., Act No.

88/2003 Coll., Act No. 120/2004 Coll., the finding of the Constitutional Court

declared under the No 153/2004 Coll., Act No. 235/2004 Coll., Act No.

257/2004 Coll., the Act No. 340/2004 Coll., Act No. 436/2004 Coll., Act No.

501/2004 Coll., Act No. 554/2004 Coll., Act No. 555/2004 Coll., Act No.

628/2004 Coll., Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No.

205/2005 Coll., the Act No. 216/2005 Coll., Act No. 342/2005 Coll., Act No.

377/2005 Coll., Act No. 383/2005 Coll., Act No. 413/2005 Coll., Act No.

56/2006 Coll., Act No. 57/2006 Coll., Act No. 79/2006 Coll., Act No.

112/2006 Coll., Act No. 113/2006 Coll., Act No. 115/2006 Coll., Act No.

133/2006 Coll., Act No. 135/2006 Coll., Act No. 135/2006 Coll., Act No.

189/2006 Coll., the Act No. 216/2006 Coll., Act No. 233/2006 Coll., Act No.

264/2006 Coll., Act No. 267/2006 Coll., Act No. 308/2006 Coll., Act No.

315/2006 Coll., Act No. 585/2006 Coll., Act No. 296/2007 Coll., Act No.

104/2008 Coll., Act No. 123/2008 Coll., Act No. 126/2008 Coll., Act No.

129/2008 Coll., Act No. 259/2008, Coll., Act No. 274/2008 Coll., Act No.

295/2008 Coll., Act No. 305/2008 Coll., Act No. 384/2008 Coll., Act No.

7/2009 Coll., Act No. 198/2009 Coll., Act No. 218/2009 Coll., Act No.

227/2009 Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll., Act No.

286/2009 Coll., Act No. 420/2009 Coll., the finding of the Constitutional Court

declared under the No 48/2010 Coll., Act No. 347/2010 Coll., Act No.

409/2010 Coll., Act No. 69/2011 Coll., Act No. 139/2011 Coll., Act No.

186/2011 Coll., Act No. 188/2011 Coll., Act No. 218/2011 Coll., Act No.

355/2011 Coll., Act No. 364/2011 Coll., Act No. 420/2011 Coll., Act No.

458/2011 Coll. and Act No. 470/2011 Coll., is hereby amended as follows:



1. In section 76a paragraph. 1, the third sentence shall be replaced by the phrase "the Court may interim

the measure also requires the conferral of a child in foster care on the

the transitional period under the Act on social and legal protection of children. ".



2. In article 162, paragraph 1, including the footnote No. 102:



"(1) provisionally enforceable are judgments



and to carry out maintenance trials) or work remuneration for the last 3

months before the announcement of the judgment,



(b) the return of the child) condemning, issued in proceedings for the return of the child in the

matters of international child abduction under section 193a,



(c)) which extends the duration of the educational measures, which the child

temporarily withdrawn from the care of parents or other physical person ^ 102).



102) section 13a of the Act No. 359/1999 Coll. on social and legal protection of children, in

amended. ".



3. the following shall be added in section 178 paragraphs 3 and 4 are added:



"(3) if the authority for social and legal protection of children has not submitted a proposal to the Court

the initiation of proceedings in a court for minors and care have not been in this

management of the child as a guardian appointed, has the authority for social and legal

protection of children in care proceedings in court on minor status

party to the proceedings.



(4) if the proceedings in the Court of minors care initiated on proposal

the authority for social and legal protection of children, the Court is required to review the

the elements of the proposal set out by the Act on social and legal protection of children. In

If the proposal does not contain all the prescribed formalities, shall invite the

the President of the Senate resolution authority for social and legal protection of children

addition to the proposal and set a time limit for this addition. The provisions of § 43

paragraph. 2 does not apply. ".



4. In Section 180a, the following paragraph 5 is added:



"(5) in proceedings to determine whether it should be the parents ' consent of the child to his

adoption, shall apply the provisions of § 178 odst. 3 and 4 apply mutatis mutandis. ";"



5. In 299, paragraph. 1 and 2, the words "State social aid benefits"

the words "and foster care."



6. In paragraph 2 of section 317 read as follows:



"(2) the enforcement of decisions are not subject to benefits in cash, social assistance benefits

assistance in material need, of the benefits of State social aid allowance

housing and a lump sum paid by the State social support benefits and

foster care. ".



Footnote No. 85 is repealed.



Article. (VI)



The transitional provisions of the



In cases concerning the care of minors, the Court initiated and been

the unfinished before the date of entry into force of this law shall be completed in accordance with

the legislation effective in its effective date of this Act.



PART THE FOURTH



The amendment to the law on the Organization and implementation of social security



Article. (VII)



In section 36 of Act No. 582/1991 Coll., on the Organization and implementation of social

security, as amended by law No 168/2005 Coll., the letter m), including the

footnote No. 71 c is inserted:



"m) persons taking care of a child and a person in a register, which is kept in the

Register of persons that may be carried out on a temporary foster care

time, if the legal guardian of such persons shall be paid remuneration according to the law on the

the socio-legal protection of children ^ 71 c), the authority, which paid a reward,



71 c) Section 4a (a). (b)), and (c)) and § 47i Act No. 359/1999 Coll., on the

the socio-legal protection of children, in the wording of later regulations. ".



Footnote No. 71 d is deleted.



PART THE FIFTH



The amendment to the law on social security and a contribution to the State

employment policy



Article. (VIII)



Act No. 589/1992 Coll., on social security and the contribution of the

the State employment policy, as amended by Act No. 10/1993 Coll.

Act No. 160/1993 Coll., Act No. 308/1993 Coll., Act No. 42/1994 Coll.,
Act No. 241/1994 Coll., Act No. 59/1995 Coll., Act No. 118/1995 Coll.,

Act No. 149/1995 Coll., Act No. 160/1995 Coll., Act No. 113/1997 Coll.,

Act No. 134/1997 Coll., Act No. 306/1997 Coll., Act No. 18/2000 Coll.

Act No. 29/2000 Coll., Act No. 118/2000 Coll., Act No. 132/2000 Coll.

Act No. 220/2000 Coll., Act No. 238/2000 Coll., Act No. 492/2000 Coll.

Act No. 353/2001 Coll., Act No. 263/2002 Coll., Act No. 309/2002 Coll.

Act No. 362/2003 Coll., Act No. 424/2003 Coll., Act No. 425/2003 Coll.

Law No 437/2003 Coll., Act No. 186/2004 Coll., Act No. 281/2004 Coll.

Act No 359/2004 Coll., Act No. 436/2004 Coll., the Act No. 168/2005 Coll.

Act No. 253/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005 Coll.

Act No. 62/2006 Coll., Act No. 189/2006 Coll., Act No. 264/2006 Coll.

Act No. 585/2006 Coll., Act No. 153/2007 Coll., Act No. 181/2007 Coll.

Act No. 261/2007 Coll., Act No. 296/2007 Coll., Act No. 305/2008 Coll.,

Act No. 306/2008 Coll., Act No. 2/2009 Coll., Act No. 41/2009, Coll.,

Law No 158/2009 Coll., Act No. 221/2009 Coll., Act No. 227/2009 Sb.

Act No. 285/2009 Coll., Act No. 303/2009 Coll., Act No. 362/2009 Sb.

Act No. 347/2010 Coll., Act No. 73/2011 Coll., Act No. 263/2011 Sb.

Act No. 341/2011 Coll., Act No. 364/2011 Coll., Act No. 365/2011 Sb.

Act No. 428/2011 Coll., Act No. 458/2011 Coll. and Act No. 470/2011

Coll., is hereby amended as follows:



1. In section 3, paragraph 3. 1 (a). (b) point 10), as amended by the effective to date of the acquisition

the effectiveness of this law, including footnote 1 c is inserted:



"10. the person caring for the child and the persons entered in the register of persons

that can perform foster care on a temporary basis, if these

persons paid the remuneration of foster father, under the law on social and legal protection

children ^ 1 c)



1 c) Section 4a (a). (b)), and (c)) and § 47i Act No. 359/1999 Coll., on the

the socio-legal protection of children, in the wording of later regulations. ".



Footnote No. 1 d shall be repealed.



2. deleted



3. In section 5 (3). 3, as amended, effective the day of the entry into force of this

the law, the first sentence shall be replaced by the sentence "To the assessment base

employee includes, in addition to the income referred to in paragraph 1 reward

foster parent paid under the Act on social and legal protection of children ^ 1 c). ".



Footnote 7 shall be deleted.



PART SIX



Amendment of the Act on State social support



Article. (IX)



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

137/1996 Coll., Act No. 132/1997 Coll., Act No. 242/1997 Coll., Act No.

91/1998 Coll., Act No. 158/1998 Coll., Act No. 360/1999 Coll., Act No.

118/2000 Coll., Act No. 132/2000 Coll., Act No. 155/2000 Coll., Act No.

492/2000 Coll., Act No. 273/2001 Coll., Act No. 151/2002 Coll., Act No.

309/2002 Coll., Act No. 320/2002 Coll., Act No. 125/2003 Coll., Act No.

362/2003 Coll., Act No. 424/2003 Coll., Act No. 438/2003 Coll., Act No.

453/2003 Coll., Act No. 53/2004 Coll., Act No. 235/2004 Coll., Act No.

315/2004 Coll., Act No. 436/2004 Coll., Act No. 562/2004 Coll., Act No.

124/2005 Coll., Act No. 168/2005 Coll., Act No. 204/2005 Coll., Act No.

218/2005 Coll., Act No. 377/2005 Coll., Act No. 381/2005 Coll., Act No.

552/2005 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll., Act No.

113/2006 Coll., Act No. 115/2006 Coll., Act No. 135/2006 Coll., Act No.

189/2006 Coll., Act No. 214/2006 Coll., Act No. 267/2006 Coll., Act No.

585/2006 Coll., Act No. 213/2007 Coll., the Act No. 261/2007 Coll., Act No.

269/2007 Coll., Act No. 379/2007 Coll., Act No. 129/2008 Coll., Act No.

239/2008 Coll., Act No. 305/2008 Coll., Act No. 306/2008 Coll., Act No.

382/2008 Coll., Act No. 414/2008 Coll., Act No. 227/2009 Coll., Act No.

281/2009 Coll., the Act No. 326/2009 Coll., Act No. 362/2009 Coll., Act No.

346/2010 Coll., Act No. 347/2010 Coll., Act No. 427/2010 Coll., Act No.

73/2011 Coll., Act No. 364/2011 Coll., Act No. 366/2011 Coll., Act No.

375/2011 Coll., Act No. 408/2011 Coll., Act No. 428/2011 Coll. and act

No 458/2011 Coll., is hereby amended as follows:



1. In section 2 (a). (b)), point 2 is deleted.



The former item 3 becomes item 2.



2. In part a of the third head of the seventh including title and footnote No.

47E, 48, and 49a repealed.



3. In section 45, paragraph. 3 the words "and (b))" shall be deleted.



4. In section 51, paragraph. 4, the words ", section 36 (b). and (b)) or section 36. (b)), with the

the exception of the remuneration of the guardian under section 40a, "shall be deleted.



5. § 54 paragraph. 2, the words "and in section 36 (b). and (b)),) and "are deleted.



6. § 54 paragraph. 3 of the introductory part, the words "the provisions of section 2 (a). (b) point 3)

and section 36 (b). (c)), and (d)), "are replaced by the words" § 2 (b). (b) point 2 ".)



7. § 54 paragraph. 3 points) and (b)) shall be deleted.



The present subparagraph (c)) to e) shall become letters and) to (c)).



8. In section 57, paragraph. 1 the words "§ 2 (b). (b)) points 1 and 2, section 36 (b). and) and

section 36 (b). (b)) "shall be replaced by the words" § 2 (b). (b) point 1) ".



9. In section 57, paragraph. 2 the words "§ 2 (b). (b)), section 3 (a) of section 36. (c)) and section 36

(a). (d)) "shall be replaced by the words" and section 2 (a). (b) point 2 ".)



10. In section 58, paragraph. 2, the words ", section 36 (b). and (b) and section 36). (b)) "shall be deleted.



11. In section 62, paragraph. 4, the third sentence shall be deleted.



12. In section 68, paragraph. 1, letter g) shall be deleted.



Subparagraph (h)) and i) are referred to as the letters g) and (h)).



Article. X



Transitional provisions



1. Claims for benefits of foster care under Act No. 117/1995 Coll., in

the texts of the effective to date of the entry into force of this law, shall cease on the date of

the entry into force of this law. Payment of benefits of foster care, which

in the first sentence to the date of entry into force of this law, the

performs the last for the month of December 2012.



2. On the demise of the entitlement to benefits of foster care referred to in point 1 shall send to the

no later than 30 June 2005. November 2012 regional branch of Labour Office entitled

the person a written statement in which, at the same time inform the claims on the

foster benefits and their application after the date of entry into force of this

the law under other legislation. This communication shall be delivered to the

your own hands.



PART SEVEN



Amendment of the Act on pension insurance



Article. XI



Act No. 155/1995 Coll., on pension insurance, as amended by Act No.

134/1997 Coll., Act No. 289/1997 Coll., Act No. 218/1999 Coll., Act No.

18/2000 Coll., Act No. 118/2000 Coll., Act No. 132/2000 Coll., Act No.

220/2000 Coll., Act No. 116/2001 Coll., Act No. 188/2001 Coll., Act No.

353/2001 Coll., Act No. 198/2002 Coll., Act No. 263/2002 Coll., Act No.

264/2002 Coll., Act No. 362/2003 Coll., Act No. 424/2003 Coll., Act No.

425/2003 Coll., Act No. 85/2004 Coll., Act No. 281/2004 Coll., Act No.

359/2004 Coll., Act No. 436/2004 Coll., Act No. 562/2004 Coll., Act No.

168/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005 Coll., Act No.

24/2006 Coll., Act No. 109/2006 Coll., Act No. 189/2006 Coll., Act No.

264/2006 Coll., Act No. 267/2006 Coll., the finding of the Constitutional Court

declared under the No 405//2006 Coll., the Act No. 152/2007 Coll., Act No.

181/2007 Coll., Act No. 218/2007 Coll., the Act No. 261/2007 Coll., Act No.

296/2007 Coll., Act No. 178/2008 Coll., Act No. 305/2008 Coll., Act No.

306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.

41/2009 Coll., Act No. 108/2009 Coll., Act No. 158/2009 Coll., Act No.

303/2009 Coll., the finding of the Constitutional Court, declared under no 135/2010 Sb.

Act No. 347/2010 Coll., Act No. 73/2011 Coll., Act No. 220/2011 Sb.

Act No. 341/2011 Coll., Act No. 348/2011 Coll., Act No. 364/2011 Sb.

Act No. 365/2011 Coll., Act No. 428/2011 Coll., Act No. 458/2011 Sb.

and Act No. 470/2011 Coll., is hereby amended as follows:



1. In section 5 (3). 1 letter to), including footnotes, no 37a:



"to) the person looking after a child and persons, which are kept in the register of persons

that can perform foster care on a temporary basis, if these

persons paid the remuneration of foster father, under the law on socio-legal

the protection of children ^ 37a)



37A) Section 4a (a). (b)), and (c)) and § 47i Act No. 359/1999 Coll., on the

the socio-legal protection of children, in the wording of later regulations. ".



2. In section 52, paragraph. 3, the words "pěstounovi or his spouse" shall be replaced by

the words "the person referred to in section 5 (3). 1 (a). k) or her husband. "



3. In section 102a, the following paragraph 3 is added:



"(3) the participation of foster parents, who pursued foster care in facilities for

the performance of foster care or who have been in foster care

paid the remuneration due pěstounovi in special cases, on the

pension insurance before 1. 1 January 2013 shall be assessed in accordance with the legal

regulations effective before that date. ".



PART EIGHT



Amendment of the Act on public health insurance



Article. XII



Act No. 48/1997 Coll., on public health insurance and amending and

some related regulations, Tween, as amended by Act No. 242/1997

Coll., Act No. 2/1998 Coll., Act No. 127/1998 Coll., Act No. 225/1999

Coll., Act No. 363/1999 Coll., Act No. 18/2000 Coll., Act No. 132/2000

Coll., Act No. 155/2000 Coll., the finding of the Constitutional Court declared under no.

167/2000 Coll., Act No. 220/2000 Coll., Act No. 258/2000 Coll., Act No.

459/2000 Coll., Act No. 176/2002 Coll., Act No. 198/2002 Coll., Act No.

285/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll., Act No.

222/2003 Coll., Act No. 274/2003 Coll., Act No. 362/2003 Coll., Act No.
424/2003 Coll., Act No. 425/2003 Coll., Act No. 455/2003 Coll., Act No.

85/2004 Coll., Act No. 359/2004 Coll., Act No. 422/2004 Coll., Act No.

436/2004 Coll., Act No. 438/2004 Coll., Act No. 123/2005 Coll., Act No.

168/2005 Coll., Act No. 253/2005 Coll., Act No. 350/2005 Coll., Act No.

361/2005 Coll., Act No. 47/2006 Coll., Act No. 109/2006 Coll., Act No.

112/2006 Coll., Act No. 117/2006 Coll., Act No. 165/2006 Coll., Act No.

189/2006 Coll., Act No. 214/2006 Coll., Act No. 245/2006 Coll., Act No.

264/2006 Coll., Act No. 340/2006 Coll., the finding of the Constitutional Court

declared under the No 57/2007 Coll., Act No. 181/2007 Coll., Act No.

261/2007 Coll., Act No. 296/2007 Coll., Act No. 129/2008 Coll., Act No.

137/2008 Coll., Act No. 270/2008 Coll., Act No. 274/2008 Coll., Act No.

306/2008 Coll., Act No. 59/2009 Coll., Act No. 158/2009 Coll., Act No.

227/2009 Coll., Act No. 281/2009 Coll., Act No. 362/2009 Coll., Act No.

298/2011 Coll., Act No. 365/2011 Coll., Act No. 369/2011 Coll., Act No.

458/2011 Coll. and Act No. 1/2012 Coll., is hereby amended as follows:



1. In section 8 (2). 2 letter to), in the version effective until the date of entry into force of

This Act, including the footnote No. 16 c:



"for the person to) taking care of the child and the person who is registered in the register of persons

that can perform foster care on a temporary basis, if these

persons paid the remuneration of foster father, under the law on socio-legal

the protection of children ^ 16 c), the date from which this reward belongs, and per day

termination of employment shall be the date from which that remuneration is not part of the

for reasons other than the temporary incapacity,



16 c) § 47i Act No. 359/1999 Coll. on social and legal protection of children, in

amended. ".



2. In section 8 (2). 2, as amended, effective the day of the entry into force of this

the law, the letter l), including footnotes, no 16d is hereby repealed.



Letters m) up to) are referred to as the letter l) to (n)).



PART NINE



The change law of insurance on health insurance



Article. XIII



Act No. 592/1992 Coll., on premiums for general health insurance, in

amended by Act No. 10/1993 Coll., Act No. 15/1993 Coll., Act No. 161/1993

Coll., Act No. 320/1993 Coll., Act No. 42/1994 Coll., Act No. 241/1994

Coll., Act No. 59/1995 Coll., Act No. 145/1996 Coll., Act No. 48/1997

Coll., Act No. 127/1998 Coll., Act No. 29/2000 Coll., Act No. 118/2000

Coll., Act No. 258/2000 Coll., Act No. 492/2000 Coll., Act No. 138/2001

Coll., Act No. 49/2002 Coll., Act No. 176/2002 Coll., Act No. 309/2002

Coll., Act No. 424/2003 Coll., Act No. 437/2003 Coll., Act No. 455/2003

Coll., the Act No. 55/2004 Coll., Act No. 438/2004 Coll., Act No. 123/2005

Coll., Act No. 381/2005 Coll., Act No. 413/2005 Coll., Act No. 545/2005

Coll., Act No. 62/2006 Coll., Act No. 117/2006 Coll., Act No. 189/2006

Coll., Act No. 214/2006 Coll., Act No. 264/2006 Coll., the Act No. 261/2007

Coll., Act No. 296/2007 Coll., Act No. 306/2008 Coll., Act No. 227/2009

Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll., Act No. 362/2009

Coll., Act No. 73/2011 Coll., Act No. 138/2011 Coll., Act No. 298/2011

Coll., Act No. 329/2011 Coll., Act No. 369/2011 Coll. and Act No.

458/2011 Coll., is hereby amended as follows:



1.-3. cancelled



4. In section 3, paragraph 3. 3, as amended, effective the day of the entry into force of this

of the Act, the words "reward in special cases to be paid to the foster

According to the Act on State social support ^ 7) "shall be replaced by the words" reward

foster parent paid under the Act on social and legal protection of children ^ 7) ".



Footnote 7 is added:



"7) § 47i Act No. 359/1999 Coll. on social and legal protection of children, in

amended. ".



PART TEN



Amendment of the Act on the environmental and existential minimum



Article. XIV



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

No 218/2007 Coll., the Act No. 261/2007 Coll., Act No. 129/2008 Coll., Act

No 239/2008 Coll., Act No. 306/2008 Coll., Act No. 85/2010 Coll., Act

No 73/2011 Coll., Act No. 329/2011 Coll., Act No. 366/2011 Coll., Act

No. 409/2011 Coll. and Act No. 458/2011 Coll., is hereby amended as follows:



1. In section 7 (2). 2 (a). e), the words "State social assistance"

the words "and the benefits of foster care ^ 31)".



Footnote 31 is added:



"31) section 47e and subs. Act No. 359/1999 Coll. ".



2. footnote No. 26:



"26) section 47f paragraph. 3 and 4 of Act No. 359/1999 Coll. ".



PART ELEVEN



Amendment of the Act on sickness insurance



Article. XV



Law No. 187/2006 Coll., on sickness insurance, as amended by Act No.

585/2006 Coll., Act No. 181/2007 Coll., the Act No. 261/2007 Coll., Act No.

239/2008 Coll., Act No. 305/2008 Coll., Act No. 306/2008 Coll., Act No.

479/2008 Coll., Act No. 2/2009 Coll., Act No. 41/2009 Coll., Act No.

158/2009 Coll., Act No. 227/2009 Coll., Act No. 302/2009 Coll., Act No.

303/2009 Coll., Act No. 362/2009 Coll., Act No. 157/2010 Coll., Act No.

166/2010 Coll., Act No. 347/2010 Coll., Act No. 73/2011 Coll., Act No.

180/2011 Coll., Act No. 263/2011 Coll., Act No. 341/2011 Coll., Act No.

364/2011 Coll., Act No. 365/2011 Coll., Act No. 375/2011 Coll., Act No.

410/2011 Coll., Act No. 470/2011 Coll. and Act No. 1/2012 Coll., amended

as follows:



1. In section 5 (a). and point 13), including footnotes, No 13:



"13. the person caring for the child and the persons entered in the register of persons

that can perform foster care on a temporary basis, if these

persons paid the remuneration of foster father, under the law on social and legal protection

children ^ 13) (hereinafter referred to as "the person and the person in care record"),



13) § 4a (a). (b)), and (c)) and § 47i Act No. 359/1999 Coll., on the

the socio-legal protection of children, in the wording of later regulations. ".



Footnote 14 is repealed.



2. In section 10, paragraph 1. 1 the letter l) is added:



"l), point 13, the date from which belongs under the law on remuneration of the guardian

the socio-legal protection of children ^ 13), and expires on the date from which this reward

not belong for reasons other than the temporary incapacity or

ordered by the quarantine, ".



3. § 19 paragraph 11 is added:



"(11) daily basis for calculation of the sickness of the person

care or a person in the register is one thirtieth of the amount of the remuneration

belonging to the person or the person in care the last time for the calendar

the month preceding the month in which her temporary incapacity

originated. Nenáležela-if the person or the person in care register reward for

None of the calendar months before the month in which it was temporary

incapacity, is the basis for the calculation of the daily

sickness one thirtieth of the amount of the remuneration which she belonged for

the calendar month in which her temporary incapacity originated. Daily

basis for the calculation of the sickness in the quarantine imposed by

special legislation and other benefits for the calculation of sickness

insurance for persons caring or a person in the register provides similarly. ".



4. In paragraph 92. 2 the letter p) is added:



"p) persons caring and persons in authority, which paid a reward

a foster parent under special legislation ^ 13) ".



5. In article 97, paragraph. 1 third sentence, the word "pěstounovi" shall be replaced by the words

"the person looking after the person in the register" and the words "in particular cases

under special legislation ^ 14) "shall be replaced by the words" in accordance with

the law on social and legal protection of children ".



Article. XVI



Transitional provisions



1. One who will fulfil the obligations of the employer after the day of acquisition

the effectiveness of this law for foster parents, who exercise in foster care

facilities for the performance of foster care, according to a special legal

of the code, or that is for performance of foster care remuneration

belonging to pěstounovi in special cases according to a special legal

Regulation, and which takes a participation in sickness insurance even after the date of entry into

the effectiveness of this law, is obliged to notify the competent district administration

social security, who was the employer of these foster parents until the day

the entry into force of this law. The notification referred to in the first sentence should be

make to 28. February 2013, and it's in the form of a list, in which shall be entered the name,

where appropriate, the name, last name, social security number and the name and address of guardian

the headquarters of the employer. This is also the obligation of the original

the employer notify the change of employer.



2. the date of onset of the employee in employment with foster parents, who exercise

foster care in facilities for the performance of foster care by

special legal regulation, or who is in foster care

paid the remuneration due pěstounovi in the specific cases referred to in

special legal regulation, which creates participation in sickness

insurance from the date of entry into force of this Act, the employer is

obliged to notify the competent district administration of social security schemes to

the prescribed form not later than 28. February 2013.



3. The day of the termination of the employment of the employee by the foster parents, who exercise

foster care in facilities for the performance of foster care by

special legal regulation, or who is in foster care

paid the remuneration due pěstounovi in the specific cases referred to in
special legal regulation, which lapse participation in sickness

insurance on the date of entry into force of this Act, the employer is

obliged to notify the competent district administration of social security schemes to

the prescribed form not later than 28. February 2013.



PART OF THE TWELFTH



cancelled



Article. XVII



cancelled



PART THIRTEEN



The amendment to the Employment Act



Article. XVIII



Act No. 435/2004 Coll., on employment, as amended by law No 168/2005

Coll., Act No. 202/2005 Coll., Act No. 253/2005 Coll., Act No. 350/2005

Coll., Act No. 382/2005 Coll., Act No. 413/2005 Coll., Act No. 428/2005

Coll., Act No. 444/2005 Coll., Act No. 495/2005 Coll., Act No. 109/2006

Coll., Act No. 112/2006 Coll., Act No. 115/2006 Coll., Act No. 161/2006

Coll., Act No. 165/2006 Coll., Act No. 214/2006 Coll., Act No. 264/2006

Coll., Act No. 159/2007 Coll., Act No. 181/2007 Coll., Act No. 213/2007

Coll., the Act No. 261/2007 Coll., Act No. 362/2007 Coll., Act No. 379/2007

Coll., Act No. 57/2008 Coll., Act No. 124/2008 Coll., Act No. 129/2008

Coll., Act No. 306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008

Coll., Act No. 158/2009 Coll., Act No. 223/2009 Coll., Act No. 227/2009

Coll., Act No. 281/2009 Coll., the Act No. 326/2009 Coll., Act No. 362/2009

Coll., Act No. 149/2010 Coll., Act No. 347/2010 Coll., Act No. 427/2010

Coll., Act No. 73/2011 Coll. and Act No. 1/2012 Coll., is hereby amended as follows:



1. In section 25, paragraph. 1 the letter p) is added:



"p) person responsible for the child or by a person who is registered in the register

persons who may perform foster care for a transitional period, if the

the following persons shall be paid the remuneration of foster parent under section 47j paragraph. 1 (a). (c)) and

(d)) of the law on social and legal protection of children ".



Footnote No. 30 and 30a shall be deleted.



2. In section 53, paragraph. 1, the first sentence shall be replaced by the phrase "support in the

unemployment benefits, retraining, support and compensation under section 44b,

paid in the Czech currency through social systems ^ 83),

transfer to the cash account specified jobseeker, in cash

or using the payment card of the social systems function ".



3. In section 75, paragraph. 2, the words "paragraph 6" shall be replaced by the words "paragraph 7".



4. In section 75, paragraph 3, the following paragraph 4 is added:



"(4) the Ministry may, in the cases worthy of special attention, waive the

compliance with the conditions referred to in paragraph 2 (a). (c)), if the amount of stored

the fine does not exceed CZK 50,000. ".



Paragraphs 4 to 12 are renumbered as paragraphs 5 to 13.



5. In section 75, paragraph. 8, the words "paragraph 5" shall be replaced by the words "paragraph 6".



6. In section 75, paragraph. 12, the words "paragraphs 1 to 9 shall be replaced by" paragraph

1 to 10 ".



7. In section 75, paragraph. 13, the words "paragraph 8 shall be replaced by" paragraph 9 "and

the words "paragraph 8" shall be replaced by the words "paragraph 9".



8. In section 76, paragraph. 2 and 5, the words "section, paragraph 75. 5 "shall be replaced by the words" § 75

paragraph. 6. "



9. In section 76, paragraph. 6, the words "section, paragraph 75. 8 "shall be replaced by" section, paragraph 75.

9 ' and the words ' paragraph 4 '. 9 "shall be replaced by the words ' paragraph 4 '. 10. "



PART OF THE FOURTEENTH



Amendment of the Act on the execution of institutional care or protective custody in

school facilities and preventive educational care in school

devices



Article. XIX



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 Coll. and Act No. 89/2012 Coll., is hereby amended as follows:



1. In article 1, the following paragraph 4, including the footnotes no 1a

added:



"(4) Device and the Centre shall cooperate with the institutions of social and legal protection

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



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

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



2. In section 16 is at the end of the text of paragraph 1, the words "or of the education

measures under special legislation ^ 20) ".



3. footnote No 20:



"20) § 13 and 13a of the Act No. 359/1999 Coll. on social and legal protection of children,

in the wording of later regulations. ".



PART FIFTEEN



Amendment of the Act on social services



Article. XX



Law No. 108/2006 Coll., on social services, as amended by Act No.

29/2007 Coll., Act No. 213/2007 Coll., the Act No. 261/2007 Coll., Act No.

124/2008 Coll., Act No. 129/2008 Coll., Act No. 274/2008 Coll., Act No.

479/2008 Coll., Act No. 108/2009 Coll., Act No. 206/2009 Coll., Act No.

223/2009 Coll., Act No. 227/2009 Coll., Act No. 347/2010 Coll., Act No.

427/2010 Coll., Act No. 73/2011 Coll., Act No. 364/2011 Coll., Act No.

366/2011 Coll., Act No. 375/2011 Coll. and Act No 420/2011 Coll., amended

as follows:



1. In section 48, paragraph. 4, after the words "constitutional education", the words ",

educational measures ".



2. footnote No. 23:



"23) section 46 of the Act No. 94/1963 Coll., on the family, as amended

regulations.



§ 13 and 13a of the Act No. 359/1999 Coll. on social and legal protection of children, in

amended. ".



3. In section 74, paragraph. 2 the first sentence, after the words "the constitutional regulation of education"

the words "educational measures".



4. In section 91, paragraph. 1 the first sentence for a semicolon after "constitutional

education ", the words" educational measures ".



PART SIXTEEN



Amendment of the Act on income taxes



Article. XXI



Act No. 586/1992 Coll., on income taxes, as amended by Act No. 35/1993

Coll., the Act No. 96/1993 Coll., Act No. 156/1993 Coll., Act No. 196/1993

Coll., Act No. 323/1993 Coll., Act No. 42/1994 Coll., Act No. 85/1994

Coll., Act No. 114/1994 Coll., Act No. 259/1994 Coll., Act No. 32/1995

Coll., Act No. 87/1995 Coll., Act No. 118/1995 Coll., Act No. 149/1995

Coll., Act No. 248/1995 Coll., Act No. 316/1996 Coll., Act No. 18/1997

Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 210/1997

Coll., Act No. 227/1997 Coll., Act No. 111/1998 Coll., Act No. 149/1998

Coll., Act No. 167/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999

Coll., Act No. 129/1999 Coll., Act No. 144/1999 Coll., Act No. 170/1999

Coll., Act No. 222/1999 Coll., the finding of the Constitutional Court, declared under no.

3/2000 Coll., Act No. 17/2000 Coll., Act No. 27/2000 Coll., Act No.

72/2000 Coll., Act No. 100/2000 Coll., Act No. 103/2000 Coll., Act No.

121/2000 Coll., Act No. 132/2000 Coll., Act No. 241/2000 Coll., Act No.

340/2000 Coll., Act No. 492/2000 Coll., Act No. 115/2001 Coll., Act No.

120/2001 Coll., Act No. 239/2001 Coll., Act No. 453/2001 Coll., Act No.

483/2001 Coll., Act No. 50/2002 Coll., Act No. 128/2002 Coll., Act No.

198/2002 Coll., Act No. 210/2002 Coll., Act No. 260/2002 Coll., Act No.

308/2002 Coll., Act No. 575/2002 Coll., Act No. 162/2003 Coll., Act No.

362/2003 Coll., Act No. 438/2003 Coll., Act No. 19/2004 Coll., Act No.

47/2004 Coll., Act No. 49/2004 Coll., Act No. 257/2004 Coll., Act No.

280/2004 Coll., Act No. 359/2004 Coll., Act No. 360/2004 Coll., Act No.

436/2004 Coll., Act No. 562/2004 Coll., Act No. 628/2004 Coll., Act No.

676/2004 Coll., Act No. 669/2004 Coll., Act No. 179/2005 Coll., Act No.

217/2005 Coll., Act No. 342/2005 Coll., Act No. 357/2005 Coll., Act No.

441/2005 Coll., Act No. 530/2005 Coll., Act No. 545/2005 Coll., Act No.

552/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll., Act No.

109/2006 Coll., Act No. 112/2006 Coll., Act No. 179/2006 Coll., Act No.

189/2006 Coll., Act No. 203/2006 Coll., Act No. 223/2006 Coll., Act No.

245/2006 Coll., Act No. 264/2006 Coll., Act No. 267/2006 Coll., Act No.

29/2007 Coll., Act No. 67/2007 Coll., Act No. 159/2007 Coll., Act No.

261/2007 Coll., Act No. 296/2007 Coll., Act No. 362/2007 Coll., Act No.

126/2008 Coll., Act No. 306/2008 Coll., Act No. 482/2008 Coll., Act No.

2/2009 Coll., Act No. 87/2009 Coll., the Act No. 216/2009 Coll., Act No.

221/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No.

289/2009 Coll., Act No. 303/2009 Coll., Act No. 304/2009 Coll., Act No.

326/2009 Coll., Act No. 362/2009 Coll., Act No. 199/2010 Coll., Act No.

346/2010 Coll., Act No. 348/2010 Coll., Act No. 73/2011 Coll. award

The Constitutional Court declared under no 119/2011 Coll., Act No. 188/2011

Coll., Act No. 329/2011 Coll., the Act No. 353/2011 Coll., Act No. 355/2011

Coll., Act No. 370/2011 Coll., Act No. 420/2011 Coll., Act No. 428/2011

Coll., Act No. 458/2011 Coll., Act No. 466/2011 Coll. and Act No.

470/2011 Coll., is hereby amended as follows:



1. In section 4, paragraph 4. 1 (a). I), in the version effective until the date of entry into force of

This Act, for the words "State social assistance" shall be

the words "with the exception of remuneration of foster care, foster parent".



2. In section 35ba paragraph. 1 (a). (b)), the words ' the State social benefits

support ", the words" with the exception of foster care benefits rewards

a foster parent, ".



PART SEVENTEEN:



Amendment of the Act on the Office work of the Czech Republic



Article. XXII
Act No. 73/2011 Coll., on the Office work of the Czech Republic and amending

related laws, as amended by law no 366/2011 Coll. and Act No.

375/2011 Coll., is hereby amended as follows:



1. In article 4, paragraph 1, including the footnote No 11:



"(1) the Office shall perform the tasks in the areas of



and employment)



(b) the protection of workers when) the employer's insolvency,



(c) State social aid)



d) benefits for persons with disabilities,



e) contribution to the care and inspection of the provision of social services,



f) assistance in material need,



(g)) the provision of inspection of socio-legal protection



h) doses of foster care,



to the extent and under the conditions laid down by the law on employment ^ 3), law

on the protection of employees in the insolvency of the employer and the

change some laws ^ 4), the law on social and legal protection of children ^ 11),

the Act on State social support ^ 5), the Act on the provision of benefits

persons with disabilities and on the amendment of related laws ^ 8),

the law on social services ^ 9) and the law on assistance in material need ^ 10).



11) Act No. 359/1999 Coll. on social and legal protection of children, as

amended. ".



2. In Section 4a, paragraph. 1, after the words "on the benefits of State social support,"

the words "socio-legal protection of children".



3. In article 4b, paragraph. 3, after the words "on the benefits of State social support,"

the words "socio-legal protection of children".



PART EIGHTEEN



The EFFECTIVENESS of the



Article. XXIII



This law shall enter into force on 1 January 2005. January 2013, with the exception of the provisions of the

article. X, which shall take effect on the date of its publication.



Němcová in r.



Nečas in r.