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Order On Violence Against Children And Young People Placed Outside The Home Omtryk

Original Language Title: Bekendtgørelse om magtanvendelse over for børn og unge, der er anbragt uden for hjemmet Omtryk

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Table of Contents
Chapter 1 Target determination, etc.
Chapter 2 Children and young children of the children and adots of children and young people in not secured departments and in part sealed of the 24-hour institutions
Chapter 3 Children of the Children and Young-in Secumations
Chapter 4 Secumations in safe offices in secured 24-hour institutions
Chapter 5 Registration and reporting
Chapter 6 On supervision, redress, sanction and so on.
Chapter 7 Funding of residence in secure institutions and the institutions of the Criminal Investigenation
Chapter 8 Entry into force

Publication of the use of force against children and young people who are outside the home

Under section 123, section 123 a, paragraph 1. 7, section 123 b, paragraph 1. 6, section 123 c, paragraph 1. 2, and section 174 (4). 5, in the Law on Social Services, cf. Law Order no. 810 of 19. In July 2012, and after negotiating with the Minister for Justice,

Chapter 1

Target determination, etc.

§ 1. The use of force against children and young people in this notice shall only be used if there is a basis for it. The use of force must never replace the care and social education of social services. The use of force must be limited to the absolute necessity and must also be proportionable to what is being sought to do so.

Paragraph 2. Punishment is not allowed. Fixing is not allowed. For the purpose of fixation, the use of mechanical means of force in the form of belt, handover, or limb, and other form of mechanical restrain shall be taken. Humiliating, scorching or other degrading treatment is not allowed.

§ 2. Physical use of force in the form of the child or the young person being maintained or being transferred to another accommoding area if :

1) the child or young people show such behaviour, that continued residence in the Community is indefensible, or

2) the child or young people are prevented from hurting themselves or others.

Paragraph 2. Maguses under paragraph 1. 1 shall be adapted according to the circumstances of the individual situation and must not go beyond the rigor necessary.

Paragraph 3. The use of force which may be acute may be subject to the provisions of the penal code on the emergency guardian of the criminal code, cf. Penal code section 13.

Paragraph 4. In places of application, in accordance with the section 66 of the law. The use of force, except for the cases referred to in paragraph 1, shall apply. 3, not allowed. The rules of this notice shall not apply to these places of application, by the way.

Chapter 2

Children and young children of the children and adots of children and young people in not secured departments and in part sealed of the 24-hour institutions

§ 3. In places of residence for children and young people, cf. Law 66, no. 5, there will be a physical use of force after Article 2.

§ 4. In the 24-hour institutions for children and adots, cf. Law 66, no. 6, in the case of insured departments, there will be no physical use of force after Section 2.

Paragraph 2. In the non-insured offices of children and young people, there will also be a way of locking down the department at night and, exceptionally, for shorter periods during the day.

Partial closed day institutions

§ 5. In a partially closed day of the day, cf. Law 66, no. 6, the 24-and-17-year-aged children shall be understood as a 24-and-17-year period during which, during periods, there may be detention in the form of locking of the outer doors and the windows and the physical hold.

Paragraph 2. A 24-hour institution after paragraph 1. 1, cf. Law 66, no. 6, must have been approved in part by the local authority of the local authority of the municipality of the location of the local authority.

§ 6. The children and the adots of the Committee may decide on the affixing of a partially sealed 24-hour institution when a decision on placing outside the home of the Act of Title 52 (3) is available. 1, or Section 58, cf. § 52, paragraph. 3, no. 7.

Paragraph 2. The decision on placing on a partially closed day institution may be taken when it is essential for the social educational treatment to be able to lock down the outer doors and windows in periods and there is a risk that the health or the health of the child or the health of young people are likely to be taken ; suffers severe injury due to

1) criminal behaviour of the child or the young,

2) problems of abuse in the child or the young or

3) other behaviors or adjustment problems with the child or young people.

§ 7. The local authority of the child or the resident municipality of the young person may decide to hold the child or the young person in a partially closed day institution after :

1) it is essential to the social worker treatment that the child or young people do not divulge from the institution ; and

2) there is a risk that the child or the health or development of young people will suffer serious harm in a smoke.

Paragraph 2. The city council may decide upon paragraph 1. 1, to hold children and young people for no more than five consecutive days at a time, not more than 30 days in one year. Decisions on hold for a maximum of five consecutive days shall not be in the immediate extension of each other.

Paragraph 3. The local authorities shall determine, in the context of a decision pursuant to paragraph 1. 1 the detailed framework for the detention.

Paragraph 4. The child or young people's viewpoint must always be involved and attached to appropriate weight in accordance with age and maturity, cf. Section 46 (4) of the law. 3.

Paragraph 5. The retention of this provision shall be limited to the strictly necessary and proportional and proportional to what is sought with the detention.

Paragraph 6. Detention to hold and hold, cf. Section 7 (2). Paragraph 1, and section 9 (4). 1, is one decision and shall be taken for one year at a time.

§ 8. In part, in part, the institution of the institution or his deputy may be subject to a decision by the local authorities, in part, closed by the institutions of the institution or his deputy. Section 7 (2). 1, hold the child or the young, when

1) there is a reasoned request that the child or young people will be divulging ;

2) the situation in which the social worker is treated is essential to the treatment of the child or the young one, and

3) there is a risk that the child or young people's health or development will suffer serious harm in a smoke.

Paragraph 2. The manager or his delegate may decide that the detention be limited to certain hours of the day.

Paragraph 3. Children and young people who are detained in a partially sealed 24-hour institution shall have access to a fresh air for at least one hour on a daily basis.

§ 9. The local authority can decide that a child or a young person can be maintained in a partially sealed, 24-hour institution in the following situations, if :

1) the child or the young person who has been divulged from opening places of application, and it must be presumed that the person in question will be disarming from the place of application,

2) the child or young people have committed crimes, and it must be assumed that the person concerned will commit a new crime when it comes to the end of the delivery of the place of application ;

3) the child or the young person who has previously consumed euphoria, and it is assumed that the person concerned is going to consume euphoria at the end of the place of application, or

4) the child or young people have harmed themselves, and it is believed that the person concerned would harm himself seriously.

Paragraph 2. The municipality Board shall be able to decide only after paragraph 1. 1, if it is essential to the social worker treatment, that the child or the young are maintained and there is a risk that the child or young people's health or development suffer serious damage.

Paragraph 3. In part, in part, the institution of the institution or his deputy may be subject to the establishment of a decision by the local authorities, within the framework of the establishment of a decision, in accordance with the provisions of the Council. paragraph One and two, in a specific situation, the child or the young.

Paragraph 4. The use of force after this provision shall be adapted according to the circumstances of the individual situation, must not go beyond the rigorously necessary and shall be proportionable to what is sought with the hold.

§ 10. In part, in part, 24-hour institutions for children and adots, cf. Article 123 (b) of the law will also be able to exercise physical force after Article 2.

Retention in up to 14 days at the beginning of the application

§ 11. Children and the young people-the committee can decide that children and young people in not secured 24-hour institutions, including partially closed day institutions and habitats, cf. Law 66, no. 5 and 6 may be withheld for up to 14 days immediately after the arrival of the place of arrival in question, cf. Section 123 c of the law, when :

1) it must be considered to be of major importance in order to satisfy the special needs of a child or the special needs of a young boy ; and

2) it is considered to be of crucial importance to the social care system.

Paragraph 2. The city council shall decide on the number of days that the detention is to be held within the first 14 days.

Paragraph 3. The child or young people's viewpoint must always be involved and attached to appropriate weight in accordance with age and maturity, cf. Section 46 (4) of the law. 3.

Paragraph 4. Withholding may be carried out solely by using physical force in the form of a child or young person being maintained to prevent this from leaving the place of delivery.

Paragraph 5. Maguses under paragraph 1. Two must be adapted according to conditions in the individual situation, and must not go beyond the rigorously necessary and proportionabble to what is sought with the detention.

Study of person and room for specific reasons

§ 12. In the case of not secured 24-hour institutions, partially closed and in-places institutions, the leader or the person authorized to take a decision to carry out a study of the person or person of the person or the living room of the person shall be taken into consideration in the places of residence. section 123 a, paragraph. 2 if there are certain grounds for the assumption that the child or young people are in possession of effects resulting from compliance with the provisions of the law or that safety considerations may not be observed.

Paragraph 2. The reasons referred to in paragraph 1 shall be 1 may be that the child or young people are affected by eup-intoxilative substances or alcohol, that there are no sharp objects in the institution's kitchen or workshop or that the institution ' s personnel have otherwise been sightings that do so ; the presence of the institution of the institution or the person empowered to assume that the child or the young person is in possession of the effects in contravention of the code of conduct or which may constitute a danger to the young person or others.

Special investigation of residence rooms

§ 13. If a study of the child's or the resident ' s accommoenage is carried out by the person ' s objects in the rec room, the child or the young person shall have an offer to oversee the investigation or subsequently examine the investigation and its result, with less special circumstances to speak against this. The tender for examination of the investigation may be given in writing at the same time as an indication that the investigation has taken place.

Paragraph 2. In the case of accommodation, in this notice, room, closets or other rooms at which the young person has the right to be provided. For example, objects are believed to be a comma, storage boxes, bags and bags in the rec room.

Special investigation of person

§ 14. In the case of examination of the child's or the person of the young, it means encroachment in which no penetration occurs in the human body or any actual infiltration of the body. The clothes must be clap without the clothes and the examination of pockets and shoes. However, the staff of the institution may require the child or the young to take on his outfits, the cahoe and the shoes of the child.

Paragraph 2. The examination of the effects of the child or of the young person in his possession must be made exceptionally by persons of a person other than the child or the young, cf. section 123 a, paragraph. 5.

Common provisions on the study of the person and accommoen;

§ 15. Examination of the person or person of the person or the resident of the young person or the accommodation of sections 13 and 14 may not be carried out if the investigation of the object's purpose and the infringement and the discomfort which the intervention may cause are presumed to be a disproportionate effect. interventions, cf. section 123 a, paragraph. This is a precondition for the examination of the child's or the person or residence of young people, that other perilants have been tried and that these have proved to be inadequate to achieve the objectives of the investigation. It calls on young people to deliver any special effects.

Paragraph 2. Examination of the person or person of the person or the stay of the child shall be carried out as well as circumstances permit, cf. section 123 a, paragraph. The examination must therefore be carried out in such a way as to minimise the experience of the child or of the young to be minimising.

Paragraph 3. Before a study of a child's or a young person or a residence is carried out, the child or the young person shall have the right to determine the reason for the investigation to be carried out unless special circumstances are opposed to it.

§ 16. There must always be at least 2 employees at the examination of the child's or the person or residence of the young person. However, where exceptional circumstances make it necessary, the study may be carried out by a single employee. There must be no other children and young people present during the examination of the child or the person or room of the person who is young.

§ 17. The head of the institution or place of residence or the operator or the holder of the place of residence may decide on the detention of effects found in the possession of the child or of the person concerned, if deemed necessary by the order or security of the law, cf. section 123 a, paragraph. 6.

Paragraph 2. If any object belonging to a child or a young person is held, the place of arrival shall complete a list of the objects held. The child or young people must be informed about detention and have provided a copy of the list.

Paragraph 3. If an object belongs to the place of application, it may be directly involved.

Control of letters of letters, telephone conversations and other communications

§ 18. In places of residence, not secured departments in the 24-hour institutions, as well as in partially closed day institutions for children and young people, there will be supervision of correspondence, telephone conversations and other communication with specified persons outside the institution ; in a given period, provided that it is necessary for the purposes of the health and development of young people, cf. however, paragraph 1 2-6. Checks after paragraph 1. In the case of a decision on the subject of children and the young committee, a decision may be made on the subject of a decision on this subject Section 123, paragraph 1. 2.

Paragraph 2. Opening of incoming and outgoing letters can only take place with the consent of and in the nursery of the child or the young. The monitoring of telephone calls, in the form of accessories, can only be carried out with the consent of the child or the young. If the speaker takes place, the person who is calling on the phone is to be made aware of this.

Paragraph 3. If the child or young people do not want an incoming letter to be opened, then this can be returned to the sender with an explanatory note of accompanying letter. If the child or young people do not want an outbound letter to be opened, the letter will be destroyed.

Paragraph 4. If the child or young people do not want there to be an inexhaustive phone call, the phone call may be terminated with an explanation of the one who called up. If the child or young people do not want there to be an outbound phone call, the conversation is not conducted.

Paragraph 5. Paragraph 1-4 does not, however, apply to letters and other requests to and from public authorities and to and from any lawyer, cf.. Act 72, paragraph. 1, and § 123, paragraph 1. 2.

Paragraph 6. Paragraph 1-5 shall not apply to the control of the police, cf. Section 29, with visits, correspondence, telephone conversations and other communication, if the controls are in the context of police measures following the provisions of the law of law.

Chapter 3

Children of the Children and Young-in Secumations

A secure institution

§ 19. In a guaranteed 24-hour care facility for children and adots, cf. Article 67 (4) of the law. 3, a 24-hour service shall be understood to mean at least one safety unit and, if necessary, one or more non-secured departments.

Paragraph 2. A secure section shall mean a department of a guaranteed 24-hour institution, where it is permitted to have outer doors and windows continuously locked. A department that is locked up or almost 24 hours a day shall be approved as a secure section of the municipal management board or the regional council responsible for the establishment and operation of the secure 24-hour institution in question. In addition, special approval may be granted to use part of a secure department for specific purposes, provided that a physical separation has been established from the other parts of the secured section.

Paragraph 3. The municipality or region that oversees the institution may authorise the bedrooms of the night. The lockdown in the night of rooms in safe offices is not considered to be isolation.

Magtuses in Secumatic Insured

20. In the secure offices of children and young children, there will be a physical use of force after Article 2.

Paragraph 2. In the case of a young person in a secure unit, the use of isolation may be used in the form of isolation, since the institution of the institution or his deputy may take a decision on the placement of the young person in special isolation rooms when there is imminent danger of this harming himself or others. The isolation means the desegregation of the locked room in shorter or extended periods. The isolation shall be so brief and as short as possible and must not be extended beyond 2 hours. An ongoing supervision of a child or a young person placed in isolation shall be kept under constant supervision.

Paragraph 3. In the case of a child or a young person placed in a secure department, the use of the child or residence of the person or accommoenation after sections 23 and 24 may be carried out in the form of an examination of the child or residence of the person or stay of the person or the stay of the person or the stay of the person or the stay compliance with or safety considerations shall be complied with in accordance with the provisions of the provisions of this Annex. Act 123 a.

Paragraph 4. In the case of a child or a young placed in a secure department, there will also be a power use in the form of control of correspondence, telephone conversations and other communication after paragraph 28.

Examination of accommodation by affixing, visits and absence

§ 21. A secure unit may examine the effects of a child or a young person placed in the department in his possession in his lounge, cf. section 123 a, paragraph. 1 if such examination is necessary in order to ensure compliance with the provisions of the law or safety considerations :

1) when the child or young people are placed on a secure facility,

2) before and after visits and

3) before and after the absence of the secure department.

Study of person and room for specific reasons

§ 22. The head of the institution or the person authorized to do so may decide to carry out an examination of the person or person of the person or the stay of the person in accordance with the rules of the person or residence. section 123 a, paragraph. 2 if there are certain grounds for the assumption that the child or the young person is in possession of the effects of possession of the imposition of compliance with the provisions of the law or that safety considerations cannot be observed.

Paragraph 2. These particular grounds after paragraph are given. 1 may be that the child or young people are affected by eup-intoxilative substances or alcohol, that there are no sharp objects in the institution's kitchen or repair or that the institution ' s personnel have otherwise been sightings that do so ; the presence of the institution of the institution or the person empowered to assume that the child or the young person is in possession of the effects in contravention of the code of conduct or which may constitute a danger to the young person or others.

Special investigation of residence rooms

-23. If a study of the child's or the resident ' s accommoenage means a review of the objects of the young person in the rec room, the young person or the child shall have an offer to oversee the investigation or subsequently examine the investigation and, its result, with less special circumstances to speak against this. The tender for examination of the investigation may be given in writing at the same time as an indication that the investigation has taken place.

Paragraph 2. In the case of accommodation, in this notice, room, closets or other rooms at which the young person has the right to be provided. For example, objects are believed to be a comma, storage boxes, bags and bags in the rec room.

Special investigation of person

§ 24. In the examination of the child or the person of the young, it is intended to intervene where no penetration occurs in the human body or any actual infiltration of the body. The clothes must be clap without the clothes and the examination of pockets and shoes. However, the staff may require the child or the young to take on his outfits, the cahoe and shoes of the child.

Paragraph 2. The examination of the effects of the child or of the young person in his possession must be made in exceptional circumstances and is to be overtaken by persons of a gender other than the child or the young, cf. section 123 a, paragraph. 5.

Common provisions on the study of the person and accommoen;

§ 25. The examination of the person or persons of the young person or the stay of the young person or the accommodation of sections 23 or 24 may not be carried out if the investigation, after the congregation's purpose and the infringement and the discomfort that the procedure is caught, would be disproportionately disproportionate. interventions, cf. section 123 a, paragraph. This is a precondition for the examination of the person or person of the person or the person of the young person who has been tried, and that these have proved insufficient to achieve the objectives of the investigation. It calls on young people to deliver any special effects.

Paragraph 2. Examination of the person or person of the person or the stay of the child shall be carried out as well as circumstances permit, cf. section 123 a, paragraph. The examination must therefore be carried out in such a way as to minimise the experience of the child or the experience of being insulted as a result.

Paragraph 3. Before a study of a child or a young person or a residence is carried out, the child or the young person shall have the right to determine the reason for the investigation to be carried out unless special circumstances are opposed to it.

SECTION 26. There must always be at least 2 employees at the examination of the child or the person or residence of the young person. However, where exceptional circumstances make it necessary, the study may be carried out by a single employee. There must be no other children and young people present during the examination of the child or the person or room of the person who is young.

§ 27. The head of the institution or the authorised Member States may decide on the detention of effects contained in the possession of the child or of the young holder, if deemed necessary by the order or safety of the law, cf. section 123 a, paragraph. 6.

Paragraph 2. If any object belonging to a child or a young person is detained, the institution shall draw up a list of the objects held. The child and young people must be informed about detention and have provided a copy of the list.

Paragraph 3. If an object belongs to the institution, it may be directly involved.

Control of letters of letters, telephone conversations and other communications

§ 28. There will be inspections in the 24-hour institutions for children and young people to be carried out, cf. however, paragraph 1 2-4, correspondence, telephone conversations and other communication with specified persons outside the institution where necessary for the health and development of young people, and a decision has been taken on this subject by children ; and the youth committee, cf. Section 123, paragraph 1. 2.

Paragraph 2. Opening of incoming and outgoing letters can only take place with the consent of and in the nursery of the child or the young. The monitoring of telephone calls, in the form of accessories, can only be carried out with the consent of the child or the young. If the speaker takes place, the person who is calling on the phone is to be made aware of this.

Paragraph 3. If the child or young people do not want an incoming letter to be opened, then this can be returned to the sender with an explanatory note of accompanying letter. If the child or young people do not want an outbound letter to be opened, the letter will be destroyed.

Paragraph 4. If the child or young people do not want there to be an inexhaustive phone call, the phone call may be terminated with an explanation of the one who called up. If the child or young people do not want there to be an outbound phone call, the conversation is not conducted.

Paragraph 5. Paragraph 1-4 does not, however, apply to letters and other requests to and from public authorities and to and from any lawyer, cf.. Act 72, paragraph. 1, and § 123, paragraph 1. 2.

§ 29. For young people who, in accordance with the rules of law on law, have been placed in secure departments rather than in custody, shall be found in section 771 and section 772 (772) of the law on the court. Paragraph 1 and paragraph. TWO, ONE. .....................

Paragraph 2. The young person shall have the right to an uncontrolled exchange of letters and visits by the local authorities of the residence municipality of the young person, as well as the municipal management board or the Council of Regional Management Board, which shall supervise the institution of the secure institution.

Paragraph 3. The young person also has the right to unchecked correspondence with the courts, the process of authorization, the prosecutor and the police, the European Court of Human Rights, the European Committee on Human Rights, the United Nations Human Rights Commission and the United Nations, The Tortur Committee.

Paragraph 4. Except for the one in paragraph. 3 the said authorities have the right to have the young right of unchecked correspondence with other public authorities and members of parliament.

Paragraph 5. A foreign young person also has the right to an uncontrolled exchange of letters with the diplomatic or consular representatives of the home Member State, unless the authorities in the detention of the detention of detention are opposed to it because of very special circumstances. If the police have been set by letter control pursuant to the section 772 of the law of the law, First, the letters are sent through the police.

Paragraph 6. The police may, for the purposes of the detention detention age, oppose the fact that a young person in custody is conducting telephone conversations or other communication, or calls for telephone conversations and other communication of the conversation being overheard.

Paragraph 7. The young must be informed of the decision of the police pursuant to paragraph 1 6 and may request that it be submitted to the court for a decision.

Application of applications and so on in a secure department

-$30. A secure unit may be used for young people when :

1) it is essential in order to avert the loss of young people or others, and the danger in this way has not been possible to be averted by other more dismembered measures,

2) it is, in an initial period of time, to provide a basis for the further social educational treatment,

3) it in the light of the initial period of observation, cf. no. 2, determined that it is absolutely necessary to implement a long-term treatment process in a secure department,

4) the stay of the crew shall replace the detention detention, cf. Legal spellletop section 765,

5) The discontent is part of a propenance, cf. Section 78 (1). 2, in the Act of Enforcement of the penalty, etc., and the conditions laid down in paragraph 1. 1, 2 or 3 at the same time have been met ;

6) the dismember is part of a non-judged measure, cf. Penal-code section 74 a, or

7) they are foreigners less than 15 years without legal residence in Denmark, cf. § § 35-37.

Paragraph 2. The local authority of the local residence municipality may decide to affix a young age of 12 years in a safe department, cf. paragraph 1, no. 1 3, and Article 69 of the law, when prior to that, a decision on the placement outside the home of the Act of Title 52 (3) is available. 3, no. 7, or § 58. The Municipal Management Board ' s decision on affixing in a safe department must be notified to the municipal management board or to the regional council responsible for the establishment and operation of the secure 24-hour institution in question.

Paragraph 3. Where the conditions laid down in paragraph 1, no. 1 in the case of a young age of 15 years old and placed in a 24-hour institution which is associated with a secure facility, the head of the 24-hour institution may, irrespective of the application of the application, have a basis for which it is based ; the application outside the home, make temporary decision on transfer to the secured section. The transfer to this may be carried out immediately. The decision to this effect shall be immediately submitted to the local authorities of the residency municipality for a decision, cf. paragraph 2, 4 and 7.

Paragraph 4. The local authority of the municipality of the residency municipality may decide to affix a young person in a secure unit where the crew enters the place of detention, cf. paragraph 1, no. 4. For young people, where a study and action plan have not already been carried out, cf. The section 50 and section 140 of the law must be carried out with a study and a course of action in the case of the holding in custody. The Municipal Management Board ' s decision on the affixing of a secure unit must be notified to the municipal management board or to the regional councils responsible for the supervision of the secure 24-hour institution in question.

Paragraph 5. The local authority of the municipality of the residency municipality may decide to affix a young person in a secure unit in which the dismember is part of a settlement, cf. paragraph 1, no. 5. The local authority decision on affixing in a secure department must be notified to the municipal management board or to the regional council responsible for the establishment and operation of the secure institution of the safe and acceding to the Directorate of Directors of the Executive Board ; The Department of Corrective Services.

Paragraph 6. The local authority of the municipality of the residence shall decide upon the institution / department of application in accordance with a judgment in accordance with the sentence of Article 74 of the Penal Code of the Penal Code of the Penal Code of the Penal Code. be placed in a secure compartment. The Municipal Management Board ' s decision on the affixing of a secure unit must be notified to the municipal management board or to the regional councils responsible for the supervision of the secure 24-hour institution in question.

Paragraph 7. The local authority of the municipality of the residency municipality may as part of a sentence of Article 74 of the Penal Code, in accordance with the judgment, that the young must remain in, transferred to or repatriate to a safe department, cf. paragraph 1, no. 6. The local authority decision on affixing in a secure department must be notified to the municipal management board or the regional council responsible for the establishment and operation of the secure institution of the relevant home office.

Paragraph 8. The local authorities shall, in the cases referred to in paragraph 1, in the case of the residence. 2-5 and paragraph 1. 7, together with a decision on which institution / department placement in the secure section must take place.

Niner. 9. The local authority of the local authority shall always inform the holder of the authority of the custody of the application in a secure department and, as far as possible, before taking place at this time.

§ 31. The local authority of the municipality of residence may, in exceptional cases, be dispensers from the age limit referred to in section 30 (3). 2. The decision of the Municipality Management Board shall be communicated to the local authority or to the regional authority responsible for the establishment and operation of the secure 24-hour institution for the establishment and operation of the relevant 24-hour institution.

Paragraph 2. Stay in a secure ward must be initiated before the 18th birthday. Years.

Paragraph 3. However, in accordance with section 30 (3), the crew of a secure unit can be established. 1, no. Six, commencing on the 18th birthday. Years.

Duration of residence in a secure department

§ 32. In the cases referred to in section 30 (3), the safety of the safety shall be provided for in the safe section. 1, no. 1 and 2, not more than 3 months. The local authority of the local residence authority may dispense from 3 months of the limit for a new period of not more than three months, provided that the conditions for the application of the security department in the individual case do so in an absolute necessity. For young people who are not 15 years old, for a new period of not more than three months it may be dispensed with for a maximum period of three months.

Paragraph 2. In the cases referred to in section 30 (3), the safety of the safety shall be provided for in the safe section. 1, no. 3, for young people who are 15 years old, not more than six months and for young people who are not full 15 years, not more than 3 months. The local authority of the local residence authority may dispense from the time limits if the conditions for the application in a secure department in the individual case do so in a strictly necessary way. For young people, 15 years of age there will be a derogation from six months of the limit for a new period of not more than six months, while young people who are not full 15 years alone may be dispensed for a new period of not more than three months.

Paragraph 3. In the long-term residence of the secured section after paragraph 30 (5). 1, no. One-three, do not count for the time of 24 hours in a row where the young man without permission has been absent from the department.

Paragraph 4. The time limits for accommotised and the derogations shall be granted in accordance with paragraph 1 in accordance with paragraph 1. 1 and 2 shall apply by analoging the use of a stay in the safe department, which is part of a propenance, cf. ~ 30 (5)) 1, no. 5.

Paragraph 5. For young people to be sentenced to a measure, cf. Penal code section 74 a, must stay in a secure section after paragraph 30 (1). 1, no. 6, combined with a maximum of 12 months, while in the safe section of the safe place of the approved place of residence or a 24-hour care institution, cf. Article 66 (2) of the law. 1, no. 5 or No 6, the maximum number of which shall not exceed 18 months. However, in the case of a new crime, the court may prolong the measure, including the longitudinal tides, with up

Paragraph 6. After prolongation, cf. paragraph 1-3, the total duration of the stay in the safe office of section 30 (3) shall be the total. 1, no. 1-3 and 5, for young people who are 15 years old, must not exceed 14 months. For young people who are not full of 15 years, the total duration of the stay in the safe office after paragraph 30 shall be allowed to be extended after the period of paragraph 30. 1, no. 1-3, not exceed nine months.

Paragraph 7. The local authority of the municipality of a residence shall decide on the termination of a young person's placement in a secure wing in a safe place in accordance with section 30 (3). 1, no. One-three and five. The local authority of the local authorities shall also decide on the termination of a young person ' s affixing by placing in the place of the establishment in accordance with section 30 (5). 1, no. 6, however, within the framework laid down in the judgment.

Stay outside of a secure ward and access to free air.

§ 33. During the stay in the safe section after paragraph 30 (1). 1, no. One-three, the institution's leader may allow young people to be employed outside the department.

Paragraph 2. Young people who have been placed in secure division beyond 24 hours must have access to stay in free air at least 1 hour per day.

Paragraph 3. The local authority of the municipality of the residency municipality may, by setting out the institution ' s manager, decide that the child or the young person during his stay in the safe department, cf. ~ 30 (5)) 1 no. 1-3 and 5 for a shorter period may be placed outside the department if the location is secured by means of close adult contact. Decision to this effect may apply to young people covered by section 30 (1). 1, no. Five shall only be initiated with the consent of the Executive Board of the Correction Office.

Paragraph 4. For young people being placed in the secure department rather than in custody under the section 765 or under the Penal Code section 74 (a) of the penal code. 4, the rules of publication shall apply to persons placed in the hospital or institution in accordance with the criminal decision or in the field of danger decree.

Screening of children and young people in secure and particularly secure departments

§ 34. All children and young people insured and particularly secured departments which have not already carried out a psychiatric investigation must be offered screening to cover a possible need for psychiatric recovery, cf. Section 57 c (3) of the law. 4.

Paragraph 2. The screening shall be initiated no later than one month after the application on the secured or particularly secured section.

Paragraph 3. The screening requires the consent of the custody holder and the young person who is 15 years old.

Paragraph 4. The screening must be carried out by a psychologist, a nurse with knowledge of psychiatry or a person with similar background or training and to have a degree and a quality to indicate whether or not a psychiatric investigation is required.

Paragraph 5. In connection with the application, the municipality shall forward to the secure or particularly secure department case files which are relevant to the screening process.

Stay in the secure section for foreigners under 15 years of no legal residence in Denmark

$35. In 15 years, the safety of foreigners under 15 years without legal residence in the country may take place on the basis of the police decision on detention in accordance with Article 36 of the foreigners in accordance with Article 36 of the foreigners. § 37. The police shall inform the local authorities or the region of the region that is responsible for the supervision of the relevant 24-hour institution, the decision on the decision.

§ 36. Stay in the secure area must be as short of a term as possible. The initiates of a police clause shall not exceed 3 days after the initial implementation of the detention of the detention. If the person concerned has been manufactured for the right to take the right of the court to the question of the legality and continued maintenance of the law, the law of the court shall, however, be applicable. Thus, after the legal provision of the law, the time limits laid down by the courts shall be subject to the law. However, the total stay in the safe department may not exceed 2 months.

§ 37. The provisions relating to a stay in a safe office which is taking place in the place of detention, cf. The section 765 of the law shall also apply to foreigners less than 15 years without legal residence in Denmark.

Chapter 4

Secumations in safe offices in secured 24-hour institutions

Physical use of force in specially secured branches and accommotias in and outside of the special secured department

§ 38. Physical use of force after Article 2, as well as the other use of force allowed in the secure departments, are also permitted in the most secure departments, cf. Section 20 (2). 3 and 4, as well as section 21-28.

Paragraph 2. For children and young people who are located in a specially secured section, section 32 and 33 equivalent use shall apply.

Isolation in Special Secures

§ 39. In the case of young people in a specially secured ward, approved to receive particularly violent young people or approved to receive young people with mental health, cf. Article 40 may, in exceptional circumstances, decide to place the young person in special isolation room in exceptional circumstances where there is a danger that young people are hurting themselves or others. The isolation means the desegregation of the locked room in shorter or extended periods. The isolation shall be so brief and as short as possible and must not be stretched beyond 4 hours. An ongoing supervision of a child or a young person placed in isolation shall be kept under constant supervision.

Paragraph 2. In the isolation of paragraph 1. In the case of young people with mental disorders, they shall be called a psychiatric specialist attached to the department in the immediate context of the isolation ward, to the department to decide whether or not the presentation of the person concerned on a stock exchange ; the level of juvenile asylum is necessary, and if this is not the case, moreover, continuous supervision of the person in question during isolation so as to take a position on which, during the isolation, is carried out with the condition of the person concerned, makes a hospitalization of a children's and youth sycaat department required.

Application of applications and so on in a specially secured section

§ 40. A specially secured section may be used for young people when :

1) there is a basis for affixing in a secure section after section 30,

2) affixing in a secure station is not or will be sufficient, as the young in a prior particularly violent or mental aberrant behaviour has resilient or continues to stay in a secure facility indefensible ; and

3) in writing.-(b) in relation to young people with mental aberrant behaviour, there is a written, medical professional assessment of the fact that the young person exhiforms current symptoms of a diagnosis.

§ 41. The local authority of the local residence authority may take a decision on the affixing of a specially secured section when the conditions for this have been fulfilled, cf. § 40. If the conditions for this are met for a young age of 15 years old, the head of a guaranteed 24-hour institution or his deputy shall be able to make an independent decision on the institution of a 24-hour period of time, to the establishment of a secure institution or his office. transfer to a specially secured department. The decision to this effect shall be immediately submitted to the local authorities of the residency municipality for a decision, cf. 1. Act.

Paragraph 2. The Municipality Management Decision, cf. paragraph 1 on placing in a specially secured section shall be drawn from the municipal board or communicated to the Council of the Regions responsible for the establishment and operation of the secure institution of the relevant home office.

Paragraph 3. The local authority of the local authority shall always inform the holder of the authority of the custody of a special safety agency and, as far as possible, before taking place at the same time.

Chapter 5

Registration and reporting

Allowed physical use of force

§ 42. For the purpose of placing or transfer to a secure unit, or a special secured branch, by the use of isolation, by means of detention and maintenance under the section 123 (b) and detention of the law, as well as by physical use of force of the law, Section 2, including self-res, in places of residence, partially closed day and day institutions, with and without insured departments, the operator of the tender or his delegate within 24 hours shall record the following information on a reporting scheme, designed for this purpose :

1) the name and age of the child or the young man,

2) the time of the procedure ;

3) the duration of the invitation ;

4) the nature of the entry and

5) justification for the procedure.

Paragraph 2. The child or the young person who has been involved in the incident that triggered the use of force must be made aware of the schedule entry and have the opportunity to accompany it with his own statement of the incident.

Paragraph 3. The reporting scheme shall be provided in the tender in a special intended protocol.

Paragraph 4. The operator or his delegate shall send a copy of the reporting form to the residence comedian.

Paragraph 5. The operator or his delegate shall at the end of the month, together with its comments, submit copies of the reporting forms to the municipality Board, for the tender submitted by the local authorities or the region of the tender for offers to the local authorities ; the regional authority shall supervise, cf. Section 123, paragraph 1. 4 that reviews the schemas. The local authority or regional council shall inform the local residence authority on the reporting.

Study of persons and accommodation

§ 43. In the case of examination of the person or person of the person or the resident of the child or the resident of 24-hour institutions, including a non-secure section of a 24-hour institution, a partially closed day institution, a safe or specially secured section, and in places of residence shall : the head of the institution or his deputy within 24 hours shall record the following information :

1) the name and age of the child or the young man,

2) the time of the investigation,

3) the duration of the study,

4) the nature of the study,

5) the persons who conducted the study ;

6) the specific reasons for carrying out the investigation and the effects of the investigation and the effects found ;

7) in the case of examinations under sections 12 and 22, the specific reasons for the investigation shall be set out in accordance with section 12 and 22.

Paragraph 2. The child or the young person who has been examined by his person or his lounge shall be made aware of the report and have the opportunity to accompany it with his own account of the investigation.

Paragraph 3. The reporting form shall be provided in the institution of a specific protocol for this purpose.

Paragraph 4. The head of the institution shall send a copy of the reporting form to the residence municipaster immediately.

Paragraph 5. The head of the institution shall, at the end of the month, together with its comments, submit a copy of the reporting forms to the local authority or to the local authority or region of the region, which shall supervise the place of delivery, cf. § 123, paragraph 1. 4 that reviews the schemas. The local authority or regional council shall inform the local residence authority on the reporting.

Not allowed use of force

§ 44. Inherit of the rules laid down in Chapter 1-4 shall, cf. paragraph 2, shall be recorded and reported to the municipal management board or the regional councils supervising that offer, cf. Section 148 (a) or 5 (5) of the law. 7.

Paragraph 2. The employee concerned shall in the cases referred to in paragraph 1. 1, by the day after the incident, submit a report to the head of the tender, together with its comments, together with its comments and explanations from persons who have witnessed the incident within three days, transmit the notification to the municipality board or The regional council. The report shall include the following information :

1) the specific characteristics of the procedure for the procedure ;

2) the time of the action which has given rise to the procedure ;

3) the time of the procedure ;

4) the duration of the invitation ;

5) description of the nature of the entry,

6) description of the purpose of the collection,

7) Who performed the procedure,

8) the condition of the child or the young in the time taken by the child, and

9) the name and age of the child or the young.

Paragraph 3. The child or the young person who has been involved in the incident that triggered the use of force must be made aware of the report and have the opportunity to accompany this report with its own account of the incident.

Paragraph 4. Where there are grounds for suspicion of a criminal offence which is subject to public opinion, the director or his deputy shall submit an immediate report to the local authorities or the region of the region, which shall be subject to contact with the police.

Paragraph 5. Another employee who has witnessed the incident, and not the day after being asked for information for the report, has a duty to notify its editions to the director of the offer.

Paragraph 6. Another employee who, incidentally, is given a reasoned opinion about the incident, also has a duty to notify the Commission of its information on this knowledge.

Paragraph 7. The manager of the offer must, at the same time, with its report to the municipalities or region of the region, which supervises the offer, make copies of this to the employee concerned and shall inform the holder of the custody and the residence municipality of : the alert.

Paragraph 8. An employee who is liable to be reported for a misconduct or a criminal offence must have provided a presentation of the facts of the case and have access to a written statement on the manufacture of the case. At the same time, the employee must be made aware of not having a duty to express his opinion on the manufacturing process.

Niner. 9. If the person concerned is the operator of the offer, notification shall be sent directly to the local authority or region of the region, which shall supervise the tender. The operator who is the replacement of the tender shall, in this case, provide the leader of his report to the leader of his report. The local authority and the regional council must in such case ensure that the owner and the residence municipality are informed of the reporting.

Paragraph 10. The local authority or the region shall decide on the operational consequences of the reporting issue within 6 weeks of the notification of the reporting issue.

Chapter 6

On supervision, redress, sanction and so on.

§ 45. The municipal management board or regional councils that carry the general operational control of the tenders, cf. Title 148 a and section 5 (5). 7, shall also supervise the application of the rules laid down in this notice.

§ 46. Complaction concerning the infringement of the provisions of this notice shall be submitted to the municipality of the municipality of the residency municipality.

§ 47. Before the response to a complaint, the municipality Board shall request the local authority of the municipality of residence or to the regional council to oversee the relevant offer of a statement. The opinion shall submit a statement by the employee who is aware of the conditions that are being complained. If there has been registration in accordance with section 42 (4), 1, 43, paragraph 1. 1, or 44, stk.1, shall be attached to the statement of the schema registration.

Paragraph 2. The operator or his deputy shall carry out a study to be carried out as soon as possible, involving the child or the young person, the staff who are aware of the conditions and potential witnesses to the incident. The reports shall be drawn up on the calls in question and the report shall be submitted by the Leader's recommendation to the local authority or to the Council of Regional Administrative Board, which monitors the tender with the information referred to in paragraph 1. 1.

§ 48. Complaction of decisions taken by the municipality board of the residency joint, pursuant to this notice, may be brought to the furnace of the social fidelity.

§ 49. Decisions taken by children and young people-the committee on placement, detention, cf. Section 123 (b) of the law. 1 and § 123 c (3). 1 and of checks on letters, telephone conversations and other communication, cf. Section 18 (2). 1-5 and Section 28 (1). 1-5 may be brought to the Board of Appeal within 4 weeks of the notification of the decision, cf. Section 168, cf. § 58.

Paragraph 2. Complaint of a decision on the specific framework and conditions for the specific placement of partially closed day institutions, cf. § 123 b, paragraph 1 4, and whether to place in secured section, cf. ~ 30 (5)) 2 and 4-5, taken by the municipality board of the residency joint, may be brought before the social name according to the sections 166 and 167 of the law, cf. ~ 69, paragraph. 1.

$50. In the face of the employee, the response capability of the conditions of employment of the person concerned may be used.

§ 51. The leader of the offer shall ensure that, as well as the proprietor of children and young persons as a parent's proprietor, the rules of this notice shall be made aware, including the availability of appeal to the Administrative Board and the municipalities of the Provination of Provinity, the residence authority, cf. § § § § 46 and 49 (3) 1, and the social name, cf. ~ § 48 and 49, paragraph. 2.

§ 52. In addition, notification of access to the supervision established under Article 71 (1) of the basic law must also be provided. 7, with people who are subject to administrative detention.

§ 53. This notice shall be handed out to all employees in all tenders under the section 66 of the law. Five and six. The employee must be more acknowledciting to the receipt of the offer.

Chapter 7

Funding of residence in secure institutions and the institutions of the Criminal Investigenation

§ 54. For stay in accordance with section 30 (3). 1, no. 4-7, and in the custody of 15 -17-year-olds and 15 -17-year-olds who are serving in the institutions of the Criminal Corrections shall be paid at a rate of EUR 1.25 million in the Criminal Court. DKK annually (PL). The rate shall be regulated annually by the rate regulator.

Paragraph 2. Expenditure on stay after paragraph 30 (3). 1, no. 4-7, in addition to the tax-financed, the distribution between all the municipalities in the country after the number of 15 to 17 are living in each municipality is per municipality. 1. of January of the year preceding the financial year.

Paragraph 3. On the basis of data from the Department of Corrections of the Social Security Number and the number of days of residence of 15 to 17 year old, the Social and Integration Ministry shall charge the payment of young people for young people in the institutions of the Criminal Investigation State.

Chapter 8

Entry into force

§ 55. The announcement shall enter into force on the 18-1. January 2013.

Paragraph 2. At the same time, notice No 1093 of 21. September 2010 on the use of force against children and young people who have been placed outside the home.

The Social and Integration Ministry, the 15th. January 2013

Karen Hood up.

-Lise Slate Vandahl

Retryksnote
  • 19-01-2013 :
  • Publication no. 18 of 15. In January 2013, the use of force against children and young people who have been placed outside the home has been reprinted on the 19th. January 2013 because of the erroneous formatting of the heading before section 11 and section 11 itself.