134/2006 Sb.



LAW



of 14 June. March 2006,



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

as amended, Act No. 94/1963 Coll., on the family, in the text of the

amended, law No 99/1963 Coll., the code of civil procedure, in

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

support, in the wording of later regulations, and Act No. 200/1990 Coll., on

Offences Act, as amended



Change: 89/2012 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. and Act No. 381/2005 Coll.,

amended as follows:



1. In section 2 (2). 2 (c)):



"(c)) has made an application for the granting of asylum on the territory of the Czech Republic,".



2. In section 6 (1). 1, the following points (f) to (h))) are added:



"(f)) which are based on the requests of parents or other persons responsible for

for raising a child repeatedly placed in facilities providing

24-hour care for children or their placement in such establishments

It takes longer than 6 months;



(g)) that are threatened by violence between the parents or other persons

responsible for the upbringing of the child, where applicable, other physical violence

persons;



(h)) that are odloučenými asylum seekers from their parents, or

other persons responsible for their upbringing; ".



3. In article 7 (2). 2, the words "to (e))" shall be replaced by "to (h))".



4. In section 8 shall at the end of paragraph 2 the following sentence "in their activities taking

authority of the socio-legal protection of the account of the wishes and feelings of the child with

taking into account his age and development, so as to avoid risks or

his emotional and psychological development. ".



5. In article 8, the following paragraph 3 is added:



"(3) a child who is capable of having regard to his age and intellectual maturity

assess the range and importance of the decision of a court or

administrative proceedings, which is a party to, or in the case of other decisions

related to his person, receives from the authority of the social and legal protection

information about all things related to his person. ".



6. In section 10, at the end of paragraph 4, the following sentence "in the performance of duties

in accordance with the first sentence and the other obligations cannot be invoked to preserve the

discretion under special legislation ^ 9a). ".



Footnote No. 9a is added:



"9a) for example, § 55 paragraph. 2 of Act No. 20/1966 Coll., as amended by Act No.

548/1991 Coll. and Act No. 121/2000 Coll. ".



Footnote No. 9a is referred to as a footnote

No. 9b, including links to a footnote.



7. In section 10, paragraph 5 is added:



"(5) the Medical device is required for the treatment of injury of the child in the

cases of suspected child abuse, the abuse of a child or of

the neglect of care to ensure the recording of the accident. The record of the injury

(hereinafter referred to as "record") is required to make the person accompanying the child, or

child, came to the treatment of an injury without the accompaniment of other persons, and

If it is possible having regard to his age and intellectual maturity. In the record

the person accompanying the child is required to include how the injury occurred; the same

the obligation to have a child, if the record fills in the child. If

medical facility finds that the nature of the injury does not match description

an injury to that person or a child accompanying this

the fact in the record. In the event that the accompanying person,

where appropriate, the child refuses to make the record, medical equipment

This fact on the record. ".



8. In section 10, the following paragraph 6 and 7 are added:



"(6) the entry is required to medical equipment to send to the municipal authority of the municipality

with extended powers.



(7) subject to compliance with the obligations referred to in paragraphs 5 and 6 is without prejudice to the notification

the obligation of medical equipment in accordance with the specific legislation.

In the performance of the duties referred to in paragraphs 5 and 6 shall apply paragraph 4 sentence

the last analogy. ".



9. in section 10, the following section 10a is inserted:



"§ 10a



(1) the Medical device is obliged to immediately notify the municipal office

municipalities with extended competence, that the mother after the birth of a child a child left

and the left is in the medical device.



(2) every person who has the consent of the parents or other persons responsible for the education of

the child and without a decision of the competent authority takes the child into his care with

the intention to take the child in his care, is obliged to this fact

immediately notify the municipal office municipality with extended competence.



(3) in the performance of the duties referred to in paragraphs 1 and 2 shall apply section 10, paragraph 1. 4 sentence

the last analogy. ".



10. In section 11 (1). 1 (d)):



"d) provides persons suitable to become adoptive parents or guardians

consultancy assistance related to the adoption of the child or the child's entrustment

in foster care, in particular in matters of education the child. ".



11. In section 11, the following new paragraph after paragraph 1, 2 and 3 shall be 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 to foster care

including special preparation for adoption of the child's foster parent for a transitional

period of time,



(b)) osvojitelům or foster consultancy assistance related to the adoption

of the child or the child's entrustment into foster care, in particular in matters of

education.



(3) the regional office can provide training and advisory assistance under

paragraph 2 also in cases of guardianship, if the guardian of the child

personally cared for, or in cases of custody of the child to education pursuant to § 45

the Act on the family. ".



Paragraphs 2 and 3 shall become paragraphs 4 and 5.



12. section 12 reads:



"section 12



(1) Municipal Office municipality with extended powers can save parents

the obligation to use the assistance of vocational guidance facilities, if the parents



and failing to provide child support) consulting, as a child

assistance needs and municipal office municipality with extended competence

such assistance had previously recommended



(b)) are not able to solve the problems connected with the upbringing of a child without the support

assistance, in particular in disputes about the adjustment of the education of the child or

Edit the contact with the child.



(2) Municipal Office municipality with extended competence is required to provide

parents help after the placement of a child to a facility for the performance of the constitutional education

(section 28), or to a facility for children in need of immediate assistance (para. 42),

specifically in helping to organize the family conditions that would

allow the return of the child in the family, in the solution of environmental and social

the situation, including the substantive level of the family, in cooperation with the authorities

social security, labour offices, and other Government and other authorities,

and for this purpose also conveys the parents help the counseling facility.



(3) Municipal Office municipality with extended competence can obligations referred to in

paragraph 1 save and assistance under paragraph 2, provide the other parties with a

responsible for the upbringing of the child. ".



13. In section 14, paragraph. 1 at the end of subparagraph (d)) shall be replaced by a comma and dot

the following point (e)), which read:



"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. ".



14. In article 14, the following paragraph 4, including the footnote.

12A is inserted:



"(4) the local authority municipalities with extended competence provides synergy

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

the law ^ 12a).



12A) § 272 273a shall be inserted to the civil procedure code, as amended

regulations. ".



15. under section 16 shall be inserted a new section 16a, which including the footnote.

13A is inserted:



"§ 16a



(1) Municipal Office municipality with extended competence is required to assess whether the

It is necessary to take measures to protect the child, if the child is

with the consent of the parents or other persons responsible for the upbringing of the child without

the decision of the competent authority forwarded to the care of the person who has the intention to

take a child into its permanent or long-term care. Municipal Office municipality with

expanded authority is obliged to take such measures, in particular in the

If, when the person who took the child into his care, without undue

the delay does not give to the competent authority a proposal for the adoption of a child, the conferral of

the child in foster care or in the care of individuals with an interest in

become a foster parent, the child's custody to the custody of other than natural persons

the parents or other legal adjustment of your relationship to the child according to the

special legal regulation ^ 13a).



(2) the local authority municipalities with extended competence provides to the person that

It was passed to the child care referred to in paragraph 1, first sentence, help in solving

the problems associated with the care of the child, in the submission of proposals to the competent

authorities on the adjustment of legal relationship of that person to the child and in the implementation of
claims, in particular in the social field.



13A) § 45 d, section 45 to 63 to 82 of the Act on the family, as amended

regulations. ".



16. In section 19 is at the end of paragraph 1, the following sentence "the local authority of the commune with

expanded authority is entitled to make decisions about child custody

the future of the adoptive parent or legal guardian to the care of the future, unless it is a case of

referred to in section 20 (2). 3, only to an applicant who is listed in the notice

the regional office or the Ministry under section 24, paragraph. 3 or § 24a, paragraph.

4. ".



17. In section 19, paragraph. 4, the words "relevant to the granting of a contribution"

replaced by the words ", which provides a post".



18. In the second under the heading of title IV shall be added to § 19a

added:



"§ 19a



(1) the mediation of adoption and foster care is



in search of children) referred to in section 2 (2). 2 suitable for adoption or

to commit to foster care,



(b)) in search of individuals suitable to become adoptive parents or

foster parents,



(c)) in training individuals to become adoptive parents, or the appropriate

foster parents to the adoption of the child in the family,



(d)) in the selection of certain natural persons suitable to become an adoptive parent or

a foster parent of a child, adoption, or foster care

brokers, and in ensuring the child's personal acquaintance with this

person.



(2) mediation, adoption and foster care referred to in paragraph 1 (b).

(d)) shall not perform other authorities, bodies or individuals before they are

social and legal protection authorities referred to in section 4, paragraph 4. 1. ".



19. Under the indications section 20, the following title is added: "Mediation

adoption and foster care institutions of social and legal protection ".



20. In § 20 paragraph 1 reads:



"(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, which has on its territory

permanent residence, and foreigners, which has allowed on the territory of the Czech Republic

permanent residence or is under special legal regulation

governing the stay of foreigners on the territory of the Czech Republic ^ 1a) reported to stay

on the territory of the Czech Republic for at least 365 days, is served by the municipal

Office of the municipality with extended competence. ".



21. In § 21. 1 the text of the "section 20" is replaced by the text "§ 19a", and at the end of

the text of paragraph 1, the words "authorised persons".



22. In article 21, paragraph 1, the following new paragraphs 2 and 3 shall be added:



"(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

(a). and for the conduct of the file) required 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. "



Paragraphs 2 to 5 shall be renumbered as paragraphs 4 to 7.



23. In the introductory part of article 21 the provisions of paragraph 4, the text of the "section 20" is replaced by

the text "§ 19a."



24. In § 21. 5 (a). and after the words) "personal data" words "

, which are name, where applicable, the name, surname, date of birth and place of

residence ".



25. In section 21 at the end of paragraph 5, the dot is replaced by a semicolon and the following

the letter j) is added:



"j) opinion of founder of equipment for performance of foster care (section 44),

required by the municipal authority municipality with extended powers, if

request for the inclusion in the register of applicants for mediation foster

care of the natural person who performs in a foster care facility for

the performance of foster care. ".



26. In § 21. 6, the text of the "section 20" is replaced by the text "§ 19a."



27. In article 21, paragraph 7 is added:



"(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. ".



28. In section 22, paragraph. 1 the text of the "section 20" is replaced by the text "§ 19a."



29. In section 22, paragraph. 2 (a). and the number "2)" is replaced by the number "4".



30. In section 22, paragraph. 3 (b). and the number "3)" is replaced by "5".



31. In section 22, paragraph. 4, the number "3" is replaced by "5".



32. In section 22, paragraph 4, the following paragraph 5 is added:



"(5) the regional office management for the inclusion of the applicant in the register of applicants for

intermediation of adoption or foster care



and on the basis of the request) of the applicant, and that the necessary time,

appropriate reasons, that the applicant in the request for interruption of the said



(b)), 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,

human dignity, moral development or equity of the child, or for other

the offence, which may affect the eligibility of the applicant to the

the proper upbringing of a child, and it's up to the final decision in this

criminal proceedings,



(c)) 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. ".



Paragraphs 5 to 9 shall be renumbered 6 to 10.



33. In section 22 paragraph 6 is added:



"(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. In the decision

the inclusion of the applicant in the register of applicants, the regional authority shall determine the applicant

the obligation to report to the Regional Office of any changes to the applicable for

intermediation of adoption or foster care within 15 days from the date of their

creation. ".



34. In section 22, paragraph. 7 (b). and part of the sentence for) including the semicolon by semicolon

repealed.



35. In section 22, paragraph. 7 (b). (b)), for the words "§ 21. 5 "shall be replaced

"(a). (j)) ".



36. In section 22, paragraph. 8 (a). (b)), the words "12 calendar months" shall be replaced by

the words "3 years".



37. In section 22, paragraph. 9 (a). and the number of point 1) "7" is replaced by "8".



38. In section 23, paragraph. 1 is the number "7" is replaced by "8".



39. In section 23 is at the end of the text of paragraph 3, the words "paragraph. 3 "shall be replaced by the words

"paragraph. 5. "



40. In section 24 shall at the end of paragraph 1, the following sentence "the regional office in

intermediation of adoption or foster care takes into account the recommendations of the

Advisory Board referred to in section 38a. ".



41. In section 24, paragraph. 2 at the end of the text of subparagraph (b)) (a), the words ".

(j)) ".



42. In section 24, paragraph. 2 at the end of subparagraph (d)) shall be replaced by a comma and dot

the following point (e)), which read:



"e) Municipal Office municipality with extended competence.".



43. In section 24a shall be added at the end of paragraph 1, the sentence "the Ministry in

intermediation of adoption or foster care takes into account the recommendations of the

Advisory Board referred to in section 38b. ".



44. In section 24a, paragraph. 2 at the end of the text of subparagraph (c)) the words "(a).

(j)) ".



45. In section 24a, paragraph. 2 at the end of subparagraph (d)) shall be replaced by a comma and dot

the following point (e)), which read:



"e) Municipal Office municipality with extended competence.".



46. In section 24a, paragraph. 6 is the number "9" is replaced by "10".



47. In section 24b, paragraph. 1 (a). (d)), the number "9" is replaced by "10".



48. In section 24b, paragraph. 2 is the number "7" is replaced by "8".



49. In section 24b, the following paragraph 4 is added:



"(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)) regional office immediately after this date, when he told the municipal

Office of the municipality with extended competence, the Ministry or Office, if they are

the child or in the register of the Ministry led by the applicants or to the Office. ".



50. In section 24 c of paragraph 1. 1 (a). and (3)) the number "7" is replaced by "8".



51. In section 24 c of paragraph 1. 1 (a). (b)) point 5 shall number "7" is replaced by "8".



52. In section 24 c at the end of paragraph 2 the following sentence "in the other cases

the regional authority of the applicants disposal of evidence in writing. ".



53. In section 24 c of paragraph 1. 3, after the words "§ 21. 5 ", the words" (a).

(j)) ".



54. In section 24 c, paragraph 4 reads:



"(4) the date of entry into force of the decision on the adoption or custody

the child in foster care is a must for the purposes of the disposal of the applicant of the

registration report



and) Municipal Office municipality with extended competence of the regional office,



(b)) regional office immediately after this date, when he told the municipal
Office of the municipality with extended competence, the Ministry, if the child or

the applicant in the register of the Ministry encouraged. ".



55. In section 24d paragraph. 3 (b). (d)), after the words "§ 21. 5 "shall be replaced

"(a). (j)) ".



56. In section 25 is at the end of paragraph 3 the following sentence "in the register cannot be

include a person suitable to become an adoptive parent of the children referred to in paragraph 1

(a). (b)), although if it meets the condition of residence on the territory of the Czech

Republic under section 20 (2). 1, but its usual residence

proven to be located outside the territory of the Czech Republic. ".



57. In section 25, paragraph. 6 the numbers "5" and "9" are replaced by "6" and "10".



58. In section 25, the following paragraphs 8 and 9, including a footnote

No. 23a shall be added:



"(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)) and the regional authority



d) Ministry.



23A) § 2 (2). 1 (a). and law No. 301)/2000 Coll. on registers, the name and

last name and amending certain related laws, as amended

regulations. ".



59. Article 27 shall be inserted after paragraph 1:



"(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, human dignity, moral

development or capital of a child, or for a different offence, which

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. ".



Paragraphs 1 to 5 shall become paragraphs 2 to 6.



60. In section 27. 5 with the number "1" is replaced by "2".



61. In section 27. 6 the first sentence, the words "1-4" is replaced by "2 to

5. "



62. In the third for title IV inserted in the head, including the

title and footnote No. 23b is inserted:



"HEAD IN THE



FOSTER CARE FOR A TRANSITIONAL PERIOD



§ 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 (e))) and (h)),



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.



(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 Ministry and the municipal authorities of municipalities with

extended jurisdiction in your area. The regional authority is obliged to

This list shall, without delay, be complementary on the basis of changes in the

the register referred to in paragraph 1, and also this addition to communicate

the Ministry referred to municipal authorities and municipalities with extended powers.



23B) § 45a, paragraph. 2 of the Act on the family. ".



The existing title V to IX are known as title VI to X.



63. Article 28, paragraph 2, including the footnote No 25 deleted and

at the same time, paragraph 1 shall be deleted.



64. In section 29, paragraph 2 reads:



"(2) an employee of municipalities with extended powers included in the municipal

the Office is obliged to



and at least once) for 3 months to visit the child, which was enacted by the

constitutional education or protective education, is stored



(b)) at least once every 3 months to visit the parents of the child, which was

ordered or imposed protective constitutional education education



(c)) to visit the child referred to in section 10a of the paragraph. 1 immediately after the

It learns, and according to the needs of the child,



on the basis of a special permission issued by the municipal office municipality with

extended powers, in which the name, where applicable, the names and

the employee's last name, title, employer, and defined activities, which

can the employee perform. ".



65. section 30, including a title:



"section 30



The stay of the child outside the Institute



(1) the Director of the constitutional device may only after prior written consent

local authority municipality with extended powers to enable the child who is in the

the constitutional device placed on the basis of interim measures or

the Court's decision on the regulation of institutional care or who has been on the

the basis of the decision of the Court imposed protective education, staying with parents

If appropriate, other individuals, and no more than 14 calendar

the days when the first stay of these persons. This time, with the exception of cases, when

on the basis of a court decision imposed protective education, can be

extended, if the stay of such persons, on the basis of the written

the consent of the municipal office municipality with extended powers. If the child

placed in this constitutional device based on the request of the parents or

other legal representatives, to enable such stay with other physical

persons only upon prior written consent of the parents or other legal

representatives to obtain this consent does not prevent a serious setback.



(2) the written consent of the local authority municipalities with extended competence according to

paragraph 1 shall include the determination of the persons for which the child will reside, the length of the

the child outside of the Institute, to which the consent is issued by, and the place of residence

of the child.



(3) when issuing a written consent to the residents of the child outside the Institute according to

paragraph 1 of the municipal office municipality with extended competence shall take into account, in particular, to the

the family and social environment in which the child will reside. In the case of

the child with other natural persons than the parents, grandparents or

the siblings, their integrity under section 27. 1 (a). (e)).

For the purposes of the issue of consent may municipal office municipality with extended competence

ask the Regional Office on the professional assessment of the physical persons, other than parents,

in which the child is to reside, and ask them for the production of an extract from the register

Criminal records. For the professional assessment of section 27 applies mutatis mutandis.



(4) the regional office is obliged to support the assessment of other natural persons referred to in

paragraph 3 to be made.



(5) if the place of residence of the child different from the place of permanent residence

the parents or other individuals, for which the child is to reside, the municipal

the Office of the shtetls to issue the written consent referred to in paragraph

1 on the basis of the expression of another competent municipal office municipality with

extended jurisdiction [§ 61, paragraph 3, point (b) (c))]. ".



66. section 33, including footnote 29 is added:



"§ 33
(1) the authority of the socio-legal protection of competent according to the law on the

the judicial system in matters of youth ^ 29) is the local authority of the municipality with extended

scope.



(2) the authority of the socio-legal protection of competent according to the law on the

^ offences 31), is the municipal office municipality with extended competence. oral

negotiations for the offence, if the accused is a juvenile, is obliged to participate in the

employee municipalities with extended competence included in this municipal

the Office.



29) Act No. 218/2003 Coll., on liability for unlawful acts and the youth

about the judiciary in matters of youth and on the amendment of certain laws (the law on the

the judicial system in matters of youth) ".



Footnote 30 is repealed.



67. In § 34 paragraph. 1 the words "and, in the cases referred to in § 33 paragraph. 1 also

prosecutors "are deleted.



68. In § 34 paragraph 3, the following paragraph 4 is added:



"(4) a staff member municipalities with extended competence included in the municipal

the Office of the shtetls is when visiting a prison shall be entitled to

consult the documentation relating to the preparation of the convicted person

the young person on the future of the profession, to the baby, which cherishes in prison

the sentenced or accused the woman, and to care for the child of this woman. ".



The current paragraph 4 shall become paragraph 5.



69. In § 34 paragraph. 5 the first sentence, after the words "and to" be inserted

the words "to allow inspection of the documentation referred to in paragraph 4".



70. In § 34 paragraph. 5 the second sentence, the words "and the last name of the employee, his

other personal information "shall be replaced by the words", where appropriate, the name and surname

the employee and the employer "title.



71. In section 35, paragraph. 2 of the introductory part of the provisions, the words "activities

referred to in paragraph 1 "shall be replaced by the words" the provision of socio-legal protection

in relation to a foreign country ".



72. In section 35, paragraph. 2 letter a) including footnote No. 33a is inserted:



") performs the function of receiving and transmitting the authority and function of the

the central authority in the implementation of international treaties and for the purposes of

the Declaration of reciprocity pursuant to special legal regulation 33a) and perform ^ ^

additional obligations for the Czech Republic from international treaties

relating to the socio-legal protection of the child ^ ^ 34),



33A) section 54 of Act No 97/1963 Coll. on private international law and

procedural, as amended. ".



73. In section 35, paragraph. 2 (a). (g)), after the word "abroad", the words "and for the

the purpose of the adoption of a child from abroad ".



74. In section 35, paragraph. 2 at the end of subparagraph (j)) is replaced by a comma and dot

the following letter to), including footnotes, no. 34 c:



"to) cooperate in matters of parental responsibility under the directly

Regulation of the European communities applicable ^ 34 c).



34 c) Article. 53 to 58 of Council Regulation No 2201/2003 on jurisdiction,

the recognition and enforcement of judgments in matrimonial matters and the matters of parental

accountability. ".



75. under section 35 shall be inserted a new section 35a is added:



"section 35a



Municipal Office municipality with extended competence shall be issued by the statutory representatives of the

of a child for the purposes of the application of the child to maintenance claims against the mandatory

a person living in a foreign country, confirmation that the child is alive, and is located in the

care of the legal representative; certificate issued by the local authority of the municipality with extended

competence at the request of the legal representative. ".



76. the heading of part III, title the tenth added: "the COMMISSION for the social and legal

THE PROTECTION OF CHILDREN AND THE ADVISORY COUNCILS ".



77. In section 38, paragraph. 2, letter a) the following points (b) to (d))),

are added:



"(b)) proposes and assesses the submitted social preventive programs on

protection of abused, exploited and neglected children and ensures

discussion of individual cases, the tortured, abused and neglected

children in the Commission, with a view to proposing effective measures to help the child and

the family,



(c)) recommended measures that should be implemented in the area of

the protection of children against socio-pathological phenomena, and preparing programs

the care of troubled children,



(d)) at the request of Secretary of the local authority assesses each case

the implementation of the socio-legal protection and is issued to them, "opinion.



Letter b) is renumbered as paragraph (e)).



78. In paragraph 38. 3, the first sentence shall be inserted after the phrase "in the case of the President of the Commission

does not require proof of specific professional competence in the field of

the socio-legal protection of children. ".



79. Section 38 shall be inserted a new section 38a and 38b, which including the comments below

footnote No. 39a are added:



"§ 38a



(1) the Governor of the region established for the purposes of adoption or mediation

foster care as a specific body region ^ 39a) Advisory Council. The Advisory

the choir is recommended for a child in the register kept by the regional office under the

section 22(2). 2 appropriate regional authority or the applicant, led by the Ministry of

in the records of the applicants.



(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 school, health or social facilities

for the exercise of the constitutional education, staff of the regional office and the municipal authority

municipalities with extended competence included in the field of social and legal protection.

The Advisory Board has at least 5 members. For meetings of the Advisory Forum and the way

proceedings of the section 38 applies, paragraph. 4 and 5 apply mutatis mutandis.



(4) the Advisory Board will meet immediately after the Regional Office determines

a suitable applicant for the particular child.



(5) for the participation of members at the meetings of the Advisory Forum and the determination of compensation paid

§ 38 paragraph. 7 Similarly, that compensation for bike expenses and compensation for loss of

earnings shall be paid by the regional authority.



section 38b



(1) the Minister of labour and Social Affairs shall be established for the purpose of providing

adoption or foster care Advisory Council. Advisory Council recommended for

a child held in a register under section 23 of the appropriate Ministry of the applicant

held in the records of the applicants under section 23. The Advisory Board has at least 5 members

and a quorum is able, 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 Ministry, which exercises

activities in the area of social and legal protection. The Secretary is a member of the Advisory

the choir.



(3) For the composition of the Advisory Board, its conduct and way of ruling applies to section

38A, paragraph. 3 apply mutatis mutandis. For the participation of members at the meetings of the Advisory Forum shall apply section

paragraph 38. 5 Similarly, and for fixing the refunds apply to § 38 paragraph. 7, mutatis mutandis, with

the fact that compensation and reimbursement of expenses of the bike for loss of earnings shall be paid

the Ministry.



39A) section 65 of Act No. 129/2000 Coll., on the regions (regional establishment), as amended by

amended. ".



80. In section 39, the existing text shall become paragraph 1 and the following

paragraphs 2 and 3 shall be added:



"(2) On the socio-legal protection of the equipment referred to in paragraph 1 established by the

the edge or the municipalities shall apply mutatis mutandis to the provisions of § 49 paragraph. 2 (a).

(b)) (a) to (f)). 6 and 7.



(3) the municipality is required to notify the Regional Office of the establishment or abolition of

facilities for children in need of immediate assistance, within 15 days from the

the establishment or abolition. The regional authority is obliged to inform the Ministry in 15

days of the establishment of the cancellation, where appropriate, facilities for children requiring immediate

assistance to the region, and with respect to the establishment or the cancellation of such equipment of municipalities,

is obliged to fulfil this duty, within 15 days from the date when this village

the fact announced. ".



81. section 42 including a footnote No. 39b:



"§ 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 care

the medical establishment and in the 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) in the case of a child who 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.



(4) 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 a child older than 1 year as necessary, but at least

once every 3 months, and in the case of a child under 1 year is obliged to visit the

the child at least once a month,



(b)) may be allowed to stay outside with the child's parents or

other natural persons only upon prior written consent of the municipal

Office of the municipality with extended competence,



(c) compliance with obligations) apply to facilities for children requiring immediate

help section 29 apply mutatis mutandis.



(5) 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 method of providing the medical care

medical facilities,



(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.



(6) the equipment for children requiring immediate help is required to provide

services and ensure its operation continuously.



(7) on the device to provide 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).



(8) 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 second sentence,



(e) the date and time of release) of the child from the device.



(9) equipment for children in need of immediate assistance is in the adoption of a child

This facility obliged to notify this fact to the

the founders and the competent authority for social and legal protection.



39B) section 75, paragraph. 4 of the code of civil procedure, as amended

regulations. ".



82. under section 42, the following new section 42a to 42f, including title and

footnote No. 39 c to 39 h are 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) the provision of health care) provides medical facilities, including

primary health care ^ 39 c),



(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 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. 5,



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 facilities 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.



Contribution to the payment of the stay and care



section 42b



(1) the obligation to pay a contribution to the payment of the stay and care provided in

facilities for children in need of immediate assistance (hereinafter "post")

pursuant to section 42 c to 42f, if the child is placed into this device, based on the

the decision of the Court or the application of the municipal office municipality with extended

competence, to



and the parents of the child or parent) who has a child by a court decision

entrusted with the education of, or other person required nutrition of a child,



(b)) a minor parent located together with the child in such a device,



(c) the recipient of the orphan's pension) on both sides of the orphaned child.



(2) the parents paying the contribution involved in equal parts.



(3) the contribution referred to in paragraph 1 shall be decided by the local authority of the commune with

extended powers.



section 42 c



(1) the amount of the contribution is for the calendar month, unless stated

otherwise,



1 300 Czk), if the child is under 6 years of age,



(b)) 1 495 Czk, in the case of a child from 6 years to 10 years of age,



(c)) 1 690 Czk, in the case of the child from 10 years to 15 years of age,



(d)) 1 885 Czk, in the case of a child over 15 years of age.



(2) the Ministry shall determine by Decree the change the amounts referred to in paragraph 1

Depending on the change in the total consumer price index factor

found the Czech Statistical Office, if you change the value of the coefficient

exceeds 5%.



(3) If a facility for children in need of immediate assistance is paid

child benefit under special legislation ^ 39 d), reduces the

the amount of the contribution referred to in paragraph 1.



(4) the amount of the contribution of the underage mothers residing together with the child in the

facilities for children in need of immediate assistance for the calendar month

10% of the amount of parental allowance in accordance with a special

the law ^ 39e).



(5) for a period of less than a calendar month, the amount of the contribution shall lay down

by the number of days. The daily reimbursement of costs is one třicetinu of the above

the contribution per calendar month.



(6) the contribution shall be rounded to the whole of the Crown towards the top.



section 42d



(1) the allowance shall, at the request of the persons referred to in section paragraph 42b. 1, or

initiative for children requiring immediate help reduce or

required if after payment of the contribution by their income or

the income of their families fell below the amount of the subsistence level set

a special law ^ 39f). The post also does not require

If a person referred to in section paragraph 42b. 1 or a person together with her

under consideration is the recipient of the benefits provided by the social care due to

social desirability under special legislation ^ 39 g). Post

is not required, even if the reduction referred to in the first sentence was

less than $ 100.



(2) a person referred to in section paragraph 42b. 1 are obliged to demonstrate their

income or the income of their families for the reduction or abolition of

the contribution referred to in paragraph 1 and on the expiry of 6 months from the last

proof of income to demonstrate that they meet the conditions for a reduction or

abolition of the post. These persons are obliged to immediately

notify changes in income, which could have an effect on the amount of the contribution

determined in accordance with paragraph 1. In the case of failure to comply with these obligations, the
the contribution increase to the amount established under section 42 c of paragraph 1. 1, since the

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

from the time when there was a change in income.



(3) the Revenue referred to in paragraphs 1 and 2 and those under consideration by the together according

paragraph 1: revenue and the persons referred to in the Act on the

minimum ^ 39f).



§ 42e



The amount of the contribution from the orphan's pension ^ 39 h) on both sides of the orphaned child

for the calendar month of the amount provided for in § 42 c of paragraph 1. 1 according to the age

of the child.



section 42f



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

the following calendar month. Post belongs to the device from the first

the date of the child's stay at the facility, if the child is adopted in time to stay

to 3 hours.



(2) if the child Resides outside of the device for at least 2 consecutive days

consecutive monthly decreases, the amount of the remuneration for each such day one

třicetinu; daily remuneration shall not be reduced, if the child of a device at a time

After the fifteenth hour or if he returns to the device before the 15th hour.



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

day of the calendar month following the payment of the contribution

in accordance with paragraph 1. The results of the statement in writing over the past quarter

the equipment shall notify the person who pays the contribution.



39 c) section 20 of Act No. 48/1997 Coll., on public health insurance, and about

change and the addition of some related laws.



39 d) section 18 of the Act No. 117/1995 Coll., on State social assistance, as amended by

amended.



39e) § 32 Act No. 117/1995 Coll., as amended.



39f) Act No. 463/1991 Coll., on the minimum, as amended

regulations.



39 g) Act No. 482/1991 Coll., on Social Neediness, as subsequently amended

regulations.



39 h) section 52 of the Act No 155/1995 Coll., on pension insurance. ".



83. in section 42f, the following new section 42 g up to 42, including title and

footnote: 39i.



"A State contribution for the founder device for children in need

immediate help



section 42 g



(1) the founder of the facilities for children in need of immediate assistance is entitled to

the State contribution for the stay and care provided by the minor in

This device, based on the decision of the Court or on the basis of the request

Municipal Office municipality with extended competence.



(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 assistance.



(3) the State contribution for each child belongs in the amount of



and) amounts needed to ensure food and other fundamental personal

the needs set out for this child under the Act on the minimum ^ 39i)

multiplied by the coefficient 7.00, insisted the child's stay in this device

the whole calendar month



(b)) one-thirtieth of the amount referred to in subparagraph (a)) for each calendar day,

If the stay of a child in this facility lasted only for a part of the calendar

of the month; at this rate the State belongs to the post, even if the child's stay in the

that device lasted only for a part of the calendar day.



(4) if the child meets the after part of the 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.



(5) if there is a change in the amounts needed to ensure food and other

basic personal needs established for the child under the law on the

minimum ^ 39i), adjust the amount of the public contribution from the date from which the

such a change has occurred.



§ 42 h



(1) the Government contribution shall be paid monthly in the Czech currency, after the expiry of the

calendar month, in which it belongs, no later than the end of the calendar

month following that month.



(2) the amount of the public contribution shall be rounded up to whole Crown.



(3) the State contribution is paid, the regional authority.



(4) the Government contribution shall be paid on account of the founder device for children

requiring immediate assistance, the State asked the post.



§ 42i



(1) the entitlement to the allowance shall commence on the date of State compliance with the conditions laid down

This law.



(2) entitlement to the payment of the public contribution arises on the day of application for the

return the contribution to the appropriate regional office.



§ 42j



(1) if the requested State or part of the contribution of claim shall lapse

on the State or part of the contribution for the calendar month of the expiration of the 1 year

from the first day of the calendar month following the calendar month,

for which the State contribution.



(2) If a State contribution Was wrongly



and granted in lower) than what belonged to,



(b) the payment or paid in) lower amount than what belonged to,



(c)) granted from a later date than belonged to, or



d) denied,



shall be increased or the date on which the State or part of the contribution

belongs to, but not more than 3 years ago from the day when this regional office

the decisive contribution of the State found, or from the date of the increase

State contribution or its founder returns facility for children

requiring immediate assistance.



(3) the State post wrongly



and granted,)



(b)) paid, or



(c)) paid or paid a higher amount than what belongs to,



shall be withdrawn or its payment stops or is reduced, and this on the day

following the day on which the passed period, for which he was paid.

The provisions of section 42k paragraph. 3 remains intact.



(4) the time limit referred to in paragraphs 1 to 3 do not generate for the management of the State

contribution.



§ 42k



(1) the founder of the facilities for children in need of immediate assistance is required to

report in writing to the Regional Office of the national post, admitted to 8

the days of changes in the facts decisive for the duration of the entitlement to the State

post, the amount of the payment or if the fact referred to in §

42.



(2) if the founder device for children requiring immediate help

invited the regional authority, which decides on the State contribution to

proved the grounds for entitlement to a State contribution, the amount of the

or payment is required to meet this challenge, and it within 8 days,

If the Regional Office does not provide for a longer period.



(3) the founder of the Foundation for children in need of immediate assistance, which

has failed to fulfil any of the obligations or accepted the State contribution

or in part, as from the circumstances had to assume that he was paid

wrongly or in a higher amount than belonged to, or otherwise caused, that was

State contribution paid or in the wrong amount of unjustly, is obliged to

wrongly received the amount of return.



(4) a claim for the return of the State contribution by wrongly or in

incorrect amount shall lapse on the expiry of three years from the date when the State contribution

paid.



(5) the obligation to return the State or part of the contribution referred to in paragraph

3, the regional authority shall decide that the State contribution paid off. The amount of

unduly paid may be deducted from the later granted by the State

the contribution payable to the development of a device for children in need

immediate assistance, which has the obligation under paragraph 3 of the amount the State

the contribution of wrongly granted back.



§ 42l



(1) a public contribution shall be decided by the regional authority.



(2) the procedure for the award of public contribution shall be initiated on the basis of the written

the applications submitted by the founder of the facilities for children requiring immediate

help on a form prescribed by the Ministry.



(3) an application for a State contribution must contain



and the name of the founder) facility for children in need of immediate assistance, its

address and identification number of the device is the founder of the municipality or

region,



(b) the name of the founder) facility for children in need of immediate assistance, its

the address, identification number, the date of the decision on the credentials of the

the performance of social and legal protection, with an indication of the authority decision

issued, if the designated person, the founder of the device



(c) the name and address of the device) for children in need of immediate assistance, where

children are placed, whose stay and care for them entitlement to the State

post,



(d)) the account number or account, to which the State contribution is paid,



(e) a list of the children) for children in need of immediate assistance, which

based on the development of a State contribution of claim; the list must contain the

name and surname of the child, his social security number or date of his birth,

If he has not been assigned a social security number, place of residence, date of

the adoption and the date of their stay at the facility for children in need

immediate assistance, was to stay closed, name, surname and address of the

the legal representative of the child or other person responsible for the upbringing of the child,



(f)) document proving that the child is in a facility for children in need

immediate assistance located on the basis of the decision of the Court or on the basis of

the application of the municipal office municipality with extended competence.



(4) if the requested State contribution due to stay and care for children in

more facilities for children in need of immediate assistance to set up one
founder, the information referred to in paragraph 3 (b). (c)), e) and (f))

each device separately.



§ 42 m



(1) the founder of the equipment for the care of children in need of immediate assistance can

Entrust another person to fulfil obligations instead of him referred to in § 42k

paragraph. 1 and 2, and article 42, and that instead of founder served application for State

post. This fact, in writing, notify the founder device for children

in need of immediate assistance to the regional authority competent to decide on the

the State contribution to the 8 days of such credentials.



(2) if the founder device for children requiring immediate help

commissioned another person referred to in paragraph 1 for the submission of the application, must be in

request for a State contribution, the indication of the name and credentials

the last name of the person who is responsible for this representation.



section 42



(1) has been granted a State contribution, is the founder of the facilities for children

requiring immediate assistance required to for entitlement to the payment of the State

and the amount of contribution per calendar month to the competent regional authority

tell whether in the calendar month for which the State contribution

granted, there was a change in the number of children, the length of their stay in that

the device and change to the age of children in comparison with the calendar month

before this the calendar month. The founder is obliged to inform the

This information, in writing, to the regional office no later than the tenth day of

calendar month following the calendar month in which the

the State contribution.



(2) if there is a change in the number of children, to change the length of their stay in

facilities for children requiring immediate help or to change the age of the children,

is the founder of the equipment to the competent regional authority shall communicate the information

referred to in section 42l paragraph. 3 (b). (e)), and in the event that the child has been to the device

the newly installed, whether or not the information referred to in section 42l paragraph. 3 (b). (f)).



(3) change the amount of the public contribution, the regional authority shall issue a decision.



(4) the regional office shall decide on the suspension of payment of the public contribution, if

the founder of the facilities for children requiring immediate help to fulfil

the obligations referred to in paragraphs 1 and 2. If the founder has the equipment for

children in need of immediate assistance the obligations referred to in paragraphs 1 and 2

even after the expiry of 2 months following the calendar month in

which should be the obligation referred to in paragraphs 1 and 2 are not met, the claim on the State

the allowance shall cease. After the subsequent fulfilment of State post

admit the backward-the longest for a period of 1 year (article 42j).



39i) Act No. 463/1991 Coll., on the minimum, as amended

regulations. ".



84. In paragraph 44. 3 (b)):



"(b) the determination of the lowest and highest) number of children, which will be in the

the devices foster care exercised, so that the total number of children in

equipment, including, where appropriate, other children, guardian of the children, must not

exceed the number of 6 children; This number can be overridden only if they

pěstounu entrusted into foster care siblings or if a child

foster father that after the conclusion of the agreement began to reside in the device, or

exceptionally, and for other reasons worthy of special attention. "



85. In article 44 paragraph 3, the following paragraph 4 is added:



"(4) in the agreement can be concluded, that the person may stay in the facility, which was

to the acquisition of majority in foster care foster parent, and under what

conditions. ".



The current paragraph 4 shall become paragraph 5.



86. In section 45, paragraph. 1 at the end of subparagraph (b) shall be replaced by a comma and dot)

the following subparagraph (c)), and (d)) are added:



"(c)) to enable the development of a device to oversee the compliance with the conditions, which

are established for the performance of foster care in the facilities of this law

or agreement,



d) continually your professional knowledge and skills related to

child care and child education. ".



87. In section 45, paragraph. 2 the letter g) is added:



"(g)) to ensure conditions that are established for the exercise of

foster care in facilities of this law or agreement ".



Footnote No. 40 is repealed.



88. In section 45 at the end of paragraph 2, the period is replaced by a comma and the following

letter h) is added:



"(h)) to provide synergy in completing pěstounovi expertise

and skills ".



89. In paragraph 46. 2 the number of the "2.4" is replaced by "6.5".



90. In paragraph 46. 4, after the words "shall be inserted after the word" for "temporary".



91. In section 48, paragraph. 2 (a). (b)) for the word "creation", the words "in accordance with

section 31 and 32 ".



92. In section 48, paragraph. 2 (a). e), the words "(section 22, paragraph. 5) ' is replaced by

"(section 22, paragraph. 6) "and the words" Municipal Office municipality with extended powers [section

11. 1 (a). (d))] "shall be replaced by the words" the regional authority (section 11 (1). 2) ".



93. In section 48, paragraph. 2 (a). (g)), the dot is replaced by a comma and the following

the letters h and i)) are added:



"(h)) to retrieve the children referred to in section 2 (2). 2 suitable for adoption or to

commit to foster care and notify the municipal office municipality with

extended jurisdiction,



and provide appropriate individuals) to become adoptive parents or guardians

and osvojitelům or foster consultancy assistance related to the adoption

of the child or the child's entrustment into foster care. ".



94. In § 49 paragraph. 2 (b)):



"(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 guardians in

the performance of foster care and the persons mentioned in § 49a paragraph. 6. "



95. In § 49 paragraph. 2 at the end of subparagraph (f) shall be replaced by a comma and dot)

the following point (g)), which read:



"(g)) the presentation of the annual report on the activities and management, and if the

the designated officer does not issue an annual report, the submission of other evidence,

which contains a description of its activities and the rules of management. "



96. In § 49 paragraph 3 reads:



"(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

the area 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. ".



97. In § 49 paragraph. 4 (b). and the word ") after Mansion", the words "or

the seat of the Organization ", and in subparagraph (a). (b)) for the word "stay"

the words "or residence".



98. In § 49 paragraph. 4 at the end of the text of subparagraph (c)), the words "and

a detailed description of the activities to which the release is requested credentials ".



99. In § 49 paragraph. 4 (f)), including footnotes, no 45a is added:



"(f)) an extract from the criminal register and the like register States

in the past 3 years, the natural person resided continuously

For more than 3 months. Extract must not be older than 3 months. In recognition of the

document integrity, issued by the competent authority of another Member

State of the European Union, in accordance with a special legislative

^ Regulation 45a).



45A) Law No 18/2004 Coll., on the recognition of professional qualifications and other

eligibility of nationals of the Member States of the European Union and the

change some of the laws (law on the recognition of professional qualifications), as amended by

amended. ".



100. In section 49, paragraph 4, the following paragraph 5 is added:



"(5) the credentials shall be issued if the applicant furnishes proof that he meets the conditions referred to

to in paragraph 2. In a decision on the credentials indicating the scope provided by the

social and legal protection. Regional Office or the Commission also decides on

extend or change the credentials to provide social and legal protection,

If a person wants to perform another activity than an activity,

to which it has been issued credentials. On the issue of the credentials of the extension or

change the execution of socio-legal protection shall be subject to paragraphs 2 to 4

Similarly,. ".



Paragraphs 5 to 10 shall be renumbered as paragraphs 6 to 11.



101. In section 49 is at the end of paragraph 6 the following sentence "If the applicant

or other persons, that are in the application for the issue of credentials listed as

the person that will be directly providing social and legal protection, guided by the

prosecution for an offence referred to in the preceding sentence,

the issue of credentials will be broken, and until the issue of the final decision

in this criminal proceedings. ".



102. In section 49, paragraph 7 shall be deleted.



Paragraphs 8 to 11 shall become paragraph 7 to 10.



103. In § 49 paragraph 8 is added:



"(8) a 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 commencement of the action. ".



104. Article 49 shall be added at the end of paragraph 10, the phrase "Permission

check the performance of the social and legal protection in accordance with the first sentence has a regional

the authority in whose area it is the place of the registered office facilities for social and legal protection;

the designated officer shall perform the duties referred to in the second sentence to this

the regional authority. This regional office is obliged to inform the fact

detected when checking the regional authority which is competent to issue

credentials. ".



105. under section 49 shall be added to § 49a, including title and notes

line no. 45b to 45 d is added:



"§ 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,



d) passing training courses in the field of care for the family and children in

total range of at least 100 hours, and the practice of at least 1 year,

in the case of persons duly completed university or higher vocational

education in another field of study or in the same field of study, but in a different

focus than those listed in subparagraphs (a) and (b)))



e) passing training courses in the field of care for the family and children in

a minimum of 100 hours, and the practice of at least 1 year, if the

persons who have reached the middle or elementary education, or



(f) the training organised for graduation) by the volunteers of the sending

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 families in their spare time.



(3) for the practice referred to in paragraph 2 shall be regarded as activities in the field of care for the

family and children.



(4) 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.



(5) when 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).



(6) The direct provision of social and legal protection also may participate in the

persons who have not acquired the competence referred to in paragraph 2,

If this activity under the supervision of the person training

the eligibility referred to in paragraph 2. Person training

eligibility has not obtained, is obliged to follow a training course in the field of

care for the family and children referred to in paragraph 2 (a). d) or (e)) no later than 1

the year of the start of direct provision of social and legal protection.



45B) Act No. 312/2002 Coll., on officials of territorial self-governing units and

on the amendment to certain acts, as amended by Act No. 46/2004 Coll.



45 c) Act No. 198/2002 Coll., on volunteer service and amending certain

laws (the law on volunteer service), as amended by law No. 436/2004 Sb.



45 d) Article. 11 of Council Regulation (EEC) No 1612/68 of 15 October. October 1968 on

freedom of movement for workers within the community. ".



106. Article 50, paragraph 1 reads:



"(1) the authority of the social and legal protection, which issued the credentials, shall decide on the

the withdrawal of the credentials



and if requested) the designated person of the revocation of credentials,



(b) if the person was in charge of) been imposed penalties for administrative

the offence referred to in section 59 until 59k in the case of particularly serious

violation of obligations,



(c)) if the designated officer shall not exercise the activity, to which it was issued

credentials, and this fact has not notified within the time limit [§ 49 paragraph 8

(a). and)],



(d) If, after the notice of) the suspension of the activities of the designated person in the period 1

year from this notice again started the activity for which it was issued

credentials, to perform, or



(e) if the designated person has) been convicted of an offence

referred to in section 49, paragraph. 6. ".



107. In article 50, paragraph 2 is deleted.



Paragraphs 3 and 4 shall become paragraphs 2 and 3.



108. In section 50, paragraph. 2, the words "and (c)))" shall be replaced by the words "(b) to (d)))".



109. In § 51 paragraph. 1 the words "and the Commission" shall be replaced by the words "the Commission and the

Advisory Councils ".



110. In § 51 paragraph. 4, the words "special legislation" ^ 47) "

replaced by the words "special legal regulation ^ 29)" and a footnote

No 47 shall be repealed.



111. In § 51 paragraph. 5 at the end of subparagraph (a) shall be replaced by a comma and semicolon)

the following paragraphs 5 to 7 shall be added:



"5. the Office of the State social support data needed for the submission of the proposal

the Court in the determination of maintenance obligations and the proposal on the enforcement of the decision, in the case of

maintenance for 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; ".



112. In § 51 paragraph. 5 at the end of the text of the letter b), the words ",

or that the violence between parents, other persons responsible for the

the education of the child and other persons in the home inhabited by

the child ".



113. In article 51, the following paragraph 6, including the footnote.

47B:



"(6) the register kept under this Act, are information systems

public administration ^ 47b).



47B) Act No. 365/2000 Coll., on public administration and information systems of the

amendment to certain acts, as amended. ".



114. In § 52 paragraph. 3 the words "and the last name of the employee, his more personal

the data "shall be replaced by the words", where appropriate, the name and surname of the employee,

the title and the employer ".



115. In section 53, paragraph. 1 the final part of the provision, the words "the provision of

the socio-legal protection of ", the words" or for the purpose of deciding on the

the issue of credentials ".



116. In section 53, paragraph. 2 (b)):



"(b)) to the challenge of the competent authority for social and legal protection of the pilgrims

personal discussions, to submit documents and other documents and provide

the necessary information, if they are needed for the performance of the socio-legal

of protection ".



117. In section 53, the following paragraph 5 is added:



"(5) the parents or other person responsible for the upbringing of the child, the authority may

the socio-legal protection of save fined up to 20 000 CZK

to comply with the obligation referred to in paragraph 2 (a). and (c)).) The fine can be

Save repeatedly. The fine can be stored up to 6 months from the date when the

the obligation breached. Income from fines is the income of the State budget. "



118. In § 55 paragraph 4 shall be inserted after paragraph 5, including

footnote No. 50a and 50b:



"(5) access to the file of the documentation about the child-led, unless it is a part of the

relating to the administrative procedure, it is entitled to on the basis of a written application

only a parent of the child, which belongs to parental responsibility, or other

the person responsible for the upbringing of the child or their representative on the basis of the

power of Attorney in writing. The blind person will be the contents of the file

the documentation is read and the municipal office municipality with extended competence allows

at the request of that person, to the file looked her escort. Parents

or other person responsible for the upbringing of the child or their representative on the

the basis of a written power of Attorney have the right to access to the file

documentation to amount from it's statements and take a copy of the file for payment
documentation or part thereof; for the determination of remuneration for the acquisition of a copy of the

the file documentation special legislation ^ 50a). On the inspection of

the file documentation does not apply the law on free access to

information ^ 50b).



50A), Act No 634/2004 Coll., on administrative fees, as amended

regulations.



50B) Act No. 106/1999 Coll., on free access to information in the text of the

amended. ".



The present paragraph 5 shall become paragraph 6.



Footnote No. 50a is referred to as a footnote

No. 50 c, and including a reference to a footnote.



119. In section 55, paragraph. 6, the second sentence shall be replaced by the phrase



"The local authority municipalities with extended competence within 15 days from the date on which the parent

or the person responsible for the upbringing of the child and requested access to the referred

the file documentation,



and, that is) the parents or the person responsible for the child's upbringing will allow

look into the file documentation, and shall designate a term for the reference, in this

If the decision is issued, or



(b)) shall decide on the refusal the written application if it would be contrary to the

interest of the child or if the filing of documentation to determine which

a natural person who drew attention to the fact, referred to in § 7. ".



120. Article 55 shall be added to paragraph 7 and 8 are added:



"(7) the local authority municipalities with extended competence is required to ensure

Save all of the data contained in the file documentation relating to the



and the child, for a period of) 15 years following the calendar year in which the

disposal of a child has occurred from the register,



(b)) of the child, which was entrusted to the osvojeno or to foster care, for

15 years following the calendar year in which the child has

the age of majority,



(c) the adoption of mediation), or foster care, for 15

years following the calendar year in which you dispose of the applicants

from the register.



(8) for the keeping of records of the regional authority under section 22 and the Ministry of

According to section 23 shall apply, mutatis mutandis, the provisions of paragraph 7. ".



121. In paragraph 57. 1 the second sentence, after the words "section 7", the words ",

are required to maintain the confidentiality of the place of residence of the parents,

He became a victim of domestic violence in the family with the child ".



122. In § 58 paragraph 1 and 2 shall be added:



"(1) the costs incurred in connection with the performance of social and legal protection,

unless otherwise specified, shall be borne by the State, with the exception of the costs of setting up the

and operation of the facilities of the socio-legal protection, which shall be borne by the founder of this

equipment, and with the exception of the costs incurred by the person in charge of the

connection with the performance of the socio-legal protection.



(2) If a municipality, County or designated person the founder of facilities for children

requiring immediate assistance, is entitled to a State contribution under section 42 g to

42. ".



123. In § 58 paragraph. 3, the word "camp", the words "stay

a child in a facility for children in need of immediate assistance ".



124. Part seven, including title and footnote No. 52 and 52a is inserted:



"PART OF THE SEVENTH



ADMINISTRATIVE OFFENCES



TITLE I OF THE



MISDEMEANORS



section 59



(1) a natural person has committed the offence by



and as a person,) where the child is located, will not allow the introduction of a child

by the applicant, pursuant to section 24, paragraph. 3 and § 24a, paragraph. 4,



(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 local authority's decision under section

13, which was established over the child supervision or the child

imposed restrictions.



(2) for the offence referred to in paragraph 1 (b). and), b), (d)), to (i)) can be saved

a fine of up to 50 000 CZK and the offence referred to in paragraph 1 (b). (c)) to a fine of

200 000 Czk.



§ 59a



(1) the parent or other natural person responsible for the upbringing of the child,

commits an offence by



and the obligation to use the assistance fails to) vocational guidance facilities,

the Save decided the socio-legal protection of the authority under section 12, or



(b)) assume the child when his return from abroad in accordance with § 36 odst. 3,

Although it does not prevent the fatal obstacle.



(2) for the offence referred to in paragraph 1 may be to impose a fine up to CZK 20,000.



section 59b



(1) a natural person as a person commits the offence by



and) exceeds the scope of socio-legal protection set out in the mandate or

carries out socio-legal protection in conflict with the conditions set out in section

49 or breach of an obligation set out in this credentials



(b) violates the rights of children) living in the establishments of the socio-legal protection or

fulfilling the obligations necessary for their protection in the exercise of socio-legal

within the scope of protection of the socio-legal protection set out in the mandate,

or



(c) serious breach of hygiene and) protiepidemiologické the rules or these

the legislation violates consistently.



(2) for the offence referred to in paragraph 1 (b). and (b))) and can be fine to

200 000 CZK and the offence referred to in paragraph 1 (b). (c) a fine of up to 50 000)

CZK.



§ 59c



(1) a natural person as the person responsible for the constitutional device or

facilities for children in need of immediate assistance, which is not a legal

the person or undertaking entrepreneurial natural persons, committed the offence,

that does not ensure that such equipment fulfils the obligations under section 29. 6.



(2) for the offence referred to in paragraph 1 may be to impose a fine of up to 50 000 Czk.



§ 59d



(1) a natural person as a founder of the school, school, medical

or other similar device, or as a person commits

an offence that does not comply with the obligation to provide the data needed for free of charge

providing social and legal protection, or for the purpose of deciding on the issue of

credentials according to § 53 paragraph. 1.



(2) for the offence referred to in paragraph 1 may be to impose a fine of up to 50 000 Czk.



section 59e



(1) a natural person as a person or as a person responsible for

school, school equipment or other equipment intended for children, which is not

a legal person or undertaking entrepreneurial natural persons, committed

the administrative tort that does not comply with the obligation under article 10, paragraph 1. 4 without

undue delay notify the municipal office municipality with extended powers,

that she had learned about the child referred to in section 6 (1). 1, which focuses

the socio-legal protection, or does not ensure that this obligation is fulfilled

school, school equipment or other equipment intended for children, for which the

responsible.



(2) for the offence referred to in paragraph 1 may be to impose a fine of up to 50 000 Czk.



TITLE II



ADMINISTRATIVE OFFENCES OF LEGAL PERSONS AND NATURAL PERSONS-ENTREPRENEURS



section 59f



(1) a legal person or a natural person-entrepreneur commits an administrative

tort by



and as a person,) where the child is located, will not allow the introduction of a child

by the applicant, pursuant to section 24, paragraph. 3 and § 24a, paragraph. 4, or



(b) fails to comply with an obligation under section) 10a, paragraph. 2 notify the municipal office municipality with

extended jurisdiction that has taken over into the care of a child with the intent to adopt

It is in the care of the permanent.



(2) a legal person commits misconduct by



and without credentials) performs an activity referred to in section 48, paragraph. 2, or



b) unlawfully, in breach of section 19(a)(1). 2 arrange the adoption or

foster care under section 19a, paragraph. 1 (a). (d)).



(3) for the administrative offence referred to in paragraph 1 and paragraph 2 (a). and) saves

a fine of up to 50 000 € and for the administrative offence referred to in paragraph 2 (a). (b))

a fine of up to 200 000 Usd.



section 59



(1) Legal or natural person-entrepreneur as a person

committed misconduct by



and) exceeds the scope of socio-legal protection set out in the mandate or

carries out socio-legal protection in conflict with the conditions set out in section

49 or breach of an obligation set out in this credentials



(b) violates the rights of children) living in the establishments of the socio-legal protection or

fulfilling the obligations necessary for their protection in the exercise of socio-legal

within the scope of protection of the socio-legal protection set out in the mandate,

or



(c) serious breach of hygiene and) protiepidemiologické the rules or these

the legislation violates consistently.



(2) for the administrative offence referred to in paragraph 1 (b). and (b))) saves a penalty to

200 000 Czk and for administrative offence referred to in paragraph 1 (b). (c) a fine of up to 50)

USD.



section 59 h



(1) Legal or natural person, operating as a constitutional device or

facilities for children in need of immediate assistance committed by the administrative

tort, that the breach of an obligation under section 29. 6.



(2) for the administrative offence referred to in paragraph 1 shall be imposed of up to 50 000 Czk.



section 59i
(1) Legal or natural person, operating as an employer,

school, school, medical, or other similar device or as a

the designated officer commits misconduct that does not comply with the obligation to

communicate free of charge the information necessary for the provision of social and legal protection

or for the purpose of deciding on the issue of the mandate under section 53, paragraph. 1.



(2) for the administrative offence referred to in paragraph 1 shall be imposed of up to 50 000 Czk.



section 59j



(1) the Medical device is guilty of misconduct,

treatment of injury of the child in cases of suspected child abuse, abuse of

of the child or of the neglect of care (section 10 (5)) has not sent a record of accidents

Municipal Office municipality with extended competence in a manner referred to in section 10, paragraph 1.

6.



(2) for the administrative offence referred to in paragraph 1 shall be imposed of up to 50 000 Czk.



§ 59k



(1) Legal or natural person-entrepreneur as a person or

as a school, educational facility or medical facility or other

equipment intended for children has committed misconduct that does not comply with

the obligation under article 10, paragraph 1. 4 without undue delay notify the municipal

Office of the municipality with extended competence, they learned about the child referred to in

section 6 (1). 1, which focuses on social and legal protection.



(2) for the administrative offence referred to in paragraph 1 shall be imposed of up to 50 000 Czk.



TITLE III



COMMON PROVISIONS



§ 59 l



(1) a legal person under the administrative tort does not match, if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation.



(2) in determining the amount of the fine, the legal person shall take into account the seriousness of the

the administrative tort, in particular to the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) liability of legal persons for the administrative offence shall cease, if the

the administrative authority about him has commenced proceedings to 1 year from the date on which it

However, at the latest, within 3 years from the day when it was committed.



(4) The responsibility for acts that occurred during the physical business

^ 52 persons) or in direct connection with the applicable provisions of the Act

on the liability of legal persons and sanctions.



(5) administrative offences under this law in the first instance hearing



and) authority of the socio-legal protection of the applicant to register

of the applicants, in the case of an administrative offence under section 59 paragraph. 1 (a). and) or

pursuant to section 59f, paragraph. 1 (a). and)



(b)), the regional authority which would be competent to issue credentials, or if the

would be relevant to the issue of the credentials Commission, municipal office municipality with

extended powers, which the Mayor has set up a Commission, with respect to the administrative

offence under section 59 paragraph. 1 (a). (b)) or section 59d paragraph. 2 (a). and)



(c)), the competent regional authority in the place of residence of the child, if the

administrative offence under section 59 paragraph. 1 (a). (c)) or under section 59f, paragraph. 2

(a). (b)),



d) Municipal Office municipality with extended competence competent according to the place of

residence of the child, as regards administrative offence under section 59 paragraph. 1

(a). e) to (h)), section 59 and paragraph. 1 (a). (b)), section 59c paragraph. 1 or section 59 h of paragraph 1.

1,



e) Regional Office, which issued the credentials, or municipal office municipality with

extended powers, which the Mayor has set up a Commission, which released the

credentials, if the administrative offence under section 59b, paragraph. 1 or paragraph 59. 1,



f) authority of the social and legal protection, in respect of which an obligation is to be fulfilled,

If they are not to discuss the administrative tort the competent authorities referred to in points

and (e)).)



(6) the Fines collected by the authority of the socio-legal protection, which is saved.



(7) in the collection and enforcement of fines imposed by the

special legal regulation ^ 52a).



52) § 2 of the commercial code.



52A) Law No 185/2004 Coll., the customs administration of the Czech Republic, as amended by

amended. ".



125. In paragraph 61. 2 (a). and) the words "referred to in", the words "§

11. 2 (a). a),".



126. In paragraph 61. 2, letter a) the following points (b) and (c)))

are added:



"(b)), the place of residence of a natural person suitable to become an adoptive parent

or the foster parent and the place of residence of the adoptive parent or legal guardian,

with respect to the cases referred to in section 11 (1). 2 (a). (b)),



(c)) the place where the head office is situated the founder device for children

requiring immediate assistance, if the State contribution for the founder

This device ".



Letter b) is renumbered as paragraph (d)).



127. In paragraph 61. 2 (a). (d)) for the word "stay", the words "or

residence ".



128. In paragraph 61. 3 (b). and the words "). 5 "shall be replaced by the words" 10a

paragraph. 1 "and the words" § 15 paragraph. 2 "with the words" section 16 ".



129. In paragraph 61. 3 (b). (b)), the words "and § 21. 1 "shall be replaced by the words

", § 21. 1 and section 27a, paragraph. 2. "



130. In paragraph 61. 3 (b). (c)), the number "2" is replaced by "5".



131. In section 61 is at the end of paragraph 3, the dot is replaced by a comma and the following

subparagraph (d)) and e) are added:



"(d) the place of the registered office) medical equipment, in the case of sending a record of

injury of the child (section 10 (6)); If the child is not in the circuit of the municipal

the Office of permanent residence, shall send to the Municipal Office of the accident record of the child

Municipal Office municipality with extended powers, in whose district the child has

permanent residence, e) the place where the debtor is the parent, in the case of the adoption of the

the consent of the parents with the child's adoption in advance without respect to a particular

osvojitelům (section 19 (3)). ".



132. In section 62, paragraph 2, the following paragraphs 3 and 4 are added:



"(3) the authority of the socio-legal protection of the jurisdiction under section 61, that has

visit the child in the family, or for the purposes of socio-legal protection make

the investigation of other persons shall be entitled to ask for the execution of such visits

another body of social and legal protection, in whose district the child or other

the person is located. The socio-legal protection authority is obliged to request

to comply with the. The first sentence shall not apply to the visitation of the children entrusted to the

education of other natural persons than the parents under section 19, paragraph. 5.



(4) the local authority municipalities with extended competence, which has territorial jurisdiction

under section 61, is entitled to ask the local authority of the municipality with extended

competence, in whose area the parent of a child is located, for

synergy when mediation assistance advisory facilities for parents,

the child was placed in the equipment for the performance of institutional care (§ 12

paragraph. 2.) Requested municipal office municipality with extended competence is required to

request be granted. ".



The former paragraph 3 shall become paragraph 5.



133. In section 62, paragraph. 5, the words "and 2" shall be replaced by the words "to 4".



134. section 63 is added:



"section 63



Proceedings are initiated on the basis of a written application submitted to the authority

social and legal protection



and the receipt of the request) under section 20 (2). 1, with respect to the classification of

the applicants in the register (section 22),



(b) the decision on) child custody foster

or adoptive parents (§ 19 para 1 and 2),



(c) the decision) issued under section 49, with the exception of the

in the case referred to in section 38, paragraph. 2 (a). and)



(d)) whose special authority is the Commission referred to in section 38, paragraph. 2 (a). and)

as regards the issue of credentials for the performance of social and legal protection, to which the

the issue is this appropriate. ".



135. In section 64 is at the end of paragraph 1, the following sentence "a participant in the proceedings in the

the procedure for inclusion in the register of applicants for adoption or mediation

foster care is only the applicant. ".



136. In § 64 paragraph. 2 for the digit "5", the words "and 6".



137. In § 64 paragraph. 3, after the words "foster parents", the words "and appeals

against the decision on the amount of the contribution for the payment of the stay and care under section 42b

to 42f ".



Article II



Transitional provisions



1. The designated person, that was before the date of entry into force of this Act

issued credentials to execute the socially-legal protection of children at the regional office,

is required to the regional authority, which issued the mandate not later than 1 year

from the date of entry into force of this Act



and fulfill the request) demonstrate professional competence of persons who

the socio-legal protection of children perform,



(b) notify the place of performance of the activities) or the name and address of all devices in the

which is the socio-legal protection of children exercised, in the case of an authorised

the person that has been granted credentials to establish the socio-legal equipment

the protection of children,



(c) contingent upon the other facts) demonstrate the execution of socio-legal

the protection of children under this Act if their demonstration will require

the authority for social and legal protection of children competent to issue credentials.



2. the regional office is obliged to not later than 6 months from the date of fulfilment of the

the obligations referred to in point 1 to assess whether the conditions for the exercise of

the socio-legal protection of children authorized person under this Act,

and in the case of persons who have been issued credentials to the establishment and operation of the

facilities for children in need of immediate assistance, to issue a decision, in which the

will be given the name and address of all devices in which the socio-legal

protection exercised and which of these devices satisfy, where applicable,

do not meet the conditions for the exercise of socio-legal protection of children. If

the designated person fails to fulfil the obligations imposed by section 1, is a regional office

obliged to decide about the credentials again.



3. the procedure for applications for the issue of credentials to pursue socio-legal
the protection of children, which was not before the date of entry into force of this Act

a final decision shall be completed in accordance with this Act.



4. The designated person, that was before the date of entry into force of this Act

issued credentials to execute the socially-legal protection of children Ministry

fulfils the obligations referred to in paragraph 1 to the regional authority, which is locally

competent pursuant to this Act; This regional office is obliged to decide

referred to in point 2.



5. Paragraphs 1 to 4 shall apply mutatis mutandis for the credentials to perform socio-legal

the persons responsible for the protection of children, which is decided by the Commission for the

the socio-legal protection of children.



6. the obligation of payment of contribution to the needs of the child in the

children in need of immediate assistance arises on the date of entry into force of this

the law.



7. A municipality or County, if you have set up facilities for children requiring immediate

assistance before the date of entry into force of this Act, are required to

not later than 6 months from the date of entry into force of this Act, comply with

obligations which, for them, for the operation of these devices under article

And this Act.



8. If, in the performance of foster care established before the date

the entry into force of this Act, the number of children is higher than permitted under article. (I)

point 84, foster care can be exercised to continue with that to change

the number of children can occur only if it is in accordance with the article. And the point of 84.



9. the applications for inclusion in the register of applicants for adoption or

foster care, which has not been taken before the date of entry into

the effectiveness of this law, the competent regional authority in accordance with the laws of the

in force before the date of entry into force of this Act. If the applicant in the

a decision on the inclusion in the register of applicants to participate in the

preparing for the adoption of a child to a family, it is the responsibility of the regional authority

the preparation of the applicant.



10. the preparation of individuals suitable to become adoptive parents or guardians to

the adoption of a child to a family that has not been terminated prior to the date

the effectiveness of this law, the local authority of municipalities with extended

scope.



11. the period for visiting parents, whose child was after the regulation of the constitutional

education received in the constitutional device or devices for children

requiring immediate help before the date of entry into force of this Act,

begins to run from the effective date of this Act.



Article. (III)



Empowerment



The Prime Minister is hereby empowered to make in the collection of laws, promulgated the full text

Act No. 359/1999 Coll. on social and legal protection of children, as is apparent from the

the laws of it changing.



PART THE SECOND



cancelled



Article IV



cancelled



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. 283/2003 Coll., Act No. 27/2004 Coll., Act No.

120/2004 Coll., the finding of the Constitutional Court declared under no 153/2004 Coll.

Act No. 237/2004 Coll., Act No. 257/2004 Coll., the Act No. 340/2004 Coll.,

Law 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.

Law 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.

law no 413/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll.

Act No. 79/2006 Coll., is hereby amended as follows:



1. In section 76a at the end of paragraph 1, the following sentence "in the case of custody

the child in foster care under a special legal regulation 33a) on ^ ^

transitional period, after which you can give consent to parents with adoption,

or to a court decision that does not need the consent of the parents to

adoption, the Court shall entrust the child to the foster care of preliminary measures. ".



Footnote No. 33a is inserted:



"33a) § 45a, paragraph. 2 (a). (b)), and (c)) of the Act on the family. ".



2. In section 76a paragraph. 4, the first sentence, the words "three months" shall be replaced by the words

"one month" after the word "enforceability" shall be inserted after the words ", with the

the exception of the interim measures for the custody of a child in foster care on the

transitional period, in which, after a period of 3 months from the enforceability

interim measures may be, if not have court documents for

the decision in the case, the duration of the interim measure extended the "and the words

"then takes up until it becomes an enforceable decision

This procedure ends "are replaced by the words" interim measures, the Court may

referred to in paragraph 1 has repeatedly extended by one month so that the total

the duration of the interim measures does not exceed six months. Then the time

the duration of the provisional measures may exceptionally be extended only when, not if

serious reasons and the objective causes of possible at this time to end the burden of

the proceedings on the merits. ".



3. In section 76a, the following paragraph 5 is added:



"(5) the Parents of the minor, the authority for social and legal protection of children and

the guardian referred to in paragraph 3, the Court may at any time propose the abolition of

the preliminary measures. Such a proposal, the Court must decide

without delay, and no later than within seven days. If the proposal was rejected, it can be

person, unless other reasons, repeat until after the expiry of

14 days of the decision. ".



PART THE FOURTH



Amendment of the Act on State social support



Article VI



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

137/1995 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. and act

No 552/2005, is hereby amended as follows:



1. In section 2 (a). (b)), point 4 is deleted.



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



2. In section 3, paragraph 3. 2, the words "or to a facility for children in need

immediate assistance "shall be deleted.



3. In article 7 (2). 4 at the end of the first sentence shall be replaced by a semicolon with a period and

the words "for such a device and the device referred to in section 43a"

shall be deleted.



4. In section 40 paragraph. 2 ' is replaced by ' 0.50 ' 1.00 '.



5. In section 40a paragraph 1 reads:



"(1) the amount of the remuneration of the guardian for the calendar month of the product of the amount of the

personal needs of the foster parent and the coefficient of 6.50, takes care of the foster father of at least

3 children entrusted into foster care or cared if the foster father of at least

one child entrusted into foster care, which is a child of the long-term

severely disabled people requiring emergency care. Referred to reward

a foster parent is increased by the product of the amount of the personal needs of the foster parent and the

the coefficient 0.60 per each additional care the child entrusted into foster

care, and if the child is severely disabled people requiring long term

Special care, increasing the reward of a foster parent product amount on the personal

the needs of the foster parent and the coefficient of 0.90 for taking care of each other such child

entrusted into foster care. Referred to reward a foster parent for the purposes of

special legislation shall be assessed as ^ 48) salary. ".



6. In section 40a paragraph. 2, after the word "one" is inserted after the word "calendar".



7. In part III, the head of the eighth repealed.



The former head of the ninth and tenth are referred to as the head of the eighth and ninth.



8. § 54 paragraph. 2 the words "(a). (b)) in points 1, 2 and 4 shall be replaced by

"(a). (b) in point 1 ").
9. In section 54, paragraph. 3, in the introductory part of the sentence the words "in paragraphs 5 and 6"

replaced by the words "in paragraphs 4 and 5".



10. In section 57, paragraph. 1 the first sentence, the words "§ 2 (b). (b)) in points 1, 2 and 4 "

replaced by the words "§ 2 (b). (b) in point 1 ").



11. In section 57, paragraph. 2, the words "paragraphs 2, 5 and 6 ' shall be replaced by the words" points

2, 4 and 5 ".



12. In section 58, paragraph. 2, the words "paragraphs 1 and 4" shall be replaced by the words "paragraph 1".



13. In section 68, paragraph. 1 (a). I), the words "or the document instituting the proceedings on the

the provisions of the guardian to the child "and the words" or the message body

the socio-legal protection of the child's admission to the facility for children

that require immediate assistance (article 42, paragraph 3, of the law on socio-legal

the protection of children), in the case of claims under section 43a and 43b "shall be deleted.



Article. (VII)



Transitional provisions



1. The amount of the remuneration of the guardian, which was entitled prior to the date

the effectiveness of this law, shall be allocated as provided for in article. VI of this Act from the

payments of benefits due for the calendar month following the date of entry into

the effectiveness of this Act.



2. the Post child care in a facility for children in need of immediate

aid shall be paid for the last time, if the entitlement to this allowance for

the previous calendar month, in which this law came into effect.



PART THE FIFTH



The amendment of the law on misdemeanors



Article. (VIII)



In Act No. 200/1990 Coll. on offences, as amended by Act No. 360/1999

Coll. and Act No. 436/2004 Coll., section 28:



"section 28



Offences in the field of Social Affairs



(1) the Offence is committed by one who



and intentionally destroy, damage), amend or exploited the emergency card

the benefits,



(b) the breach of any other obligation), the Act on social security

section of the certificates of the emergency benefits.



(2) for the offence referred to in paragraph 1 may be to impose a fine of up to 20 000

CZK. ".



PART SIX



The EFFECTIVENESS of the



Article. (IX)



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

following the date of its publication.



Zaorálek in r.



Klaus r.



Paroubek in r.