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In accordance with the decision of the Parliament:
The purpose of the law is to safeguard the right of the child to a safe growth environment, balanced and diversified development and special protection.
Children's parents and other guardians have primary responsibility for the welfare of the child. The child's parent and other guardian must ensure balanced development and well-being for the child, as provided for in the Law on the Maintenance and Access of the Child (16,1983) Provides.
Children and families with families must support parents and guardians in their rearing duties and aim to provide the family with the necessary assistance early enough, as well as to guide the child and family, where appropriate, to the protection of children.
Child protection shall support parents, guardians and other persons responsible for the care and care of the child in the rearing and care of the child by providing the necessary services and support measures. Under the conditions laid down in this Act, the child may be placed outside the home or other measures to organise the care and maintenance of the child.
Child protection is child protection and family protection.
Child and family care for children and children will be carried out by means of a customer plan and by organising community support measures. (30/04/2013)
Child and family child protection is also a child's emergency placement and custody, as well as the care and care of the child.
In addition to child protection, the municipality organises child protection in order to promote the well-being of children and young people when a child or family is not a child-protection customer. (30/04/2013)
Preventive child protection promotes and safeguards children's growth, development and well-being and supports parenthood. Preventive child protection is support and specific support, such as education, youth work, daycare, maternity and child counselling and other social and health care.
Where the child is a customer for child protection, the aid referred to in paragraph 2 shall be provided as part of an open, regional or post office.
Child protection must contribute to the well-being and well-being of the child. Child protection shall support parents, guardians and other persons responsible for the care and education of the child in the rearing and care of the child. Children's protection must aim to prevent the problems of the child and the family and to address the problems that have been identified at an early stage. When assessing the need for child protection and child protection, the best interests of the child must first be taken into account.
When assessing the best interests of the child, consideration shall be given to how the different policy options and solutions are safe for the child:
(1) balanced development and well-being and close and continuing human relations;
(2) the possibility of understanding and affection, as well as supervision and care in accordance with age and level of development;
(3) inclination and requests for training;
4) a safe growth environment and physical and mental integrity;
(5) responsibility for independence and growth;
(6) participation and influence in its own affairs; and
7) the recognition of linguistic, cultural and religious background.
As far as child protection is concerned, it is necessary to act as delicately as possible and to use priority support measures, unless otherwise required by the child's best interests. Where the service is necessary for the best interests of the child, it shall be organised without delay. When carrying out the service, account shall be taken in the best interests of the child of the objective of family reunification.
In his age and development, the child must be guaranteed the right to be informed about the child protection issue and the opportunity to express his opinion. In the context of the assessment of the need for child protection, the adoption of a decision on a child or a young person and in the implementation of child protection, special attention must be paid to the opinions and wishes of the child or of the young.
This law is considered as a child under the age of 18 and young aged 18 to 20 years.
Chapter 2 is repealed by L for 30.12.2014/1302.
The municipality shall ensure that preventive child protection and child and family protection are organised in terms of content and scope as required by the municipality. Child and family protection of children and children must be organised on the necessary scale in the days when it is needed.
Child protection must be of such quality as to ensure that children and young people in need of child protection and their families receive the assistance and support they need.
In the field of the maintenance of child protection, social welfare law is the responsibility of (710/1982) § 6 The institution referred to in Institution responsible for social affairs ). In organising child protection, the institution responsible for the protection of children shall, where appropriate, cooperate with the various administrative departments of the municipality, other authorities, other municipalities and associations of municipalities and other services; With institutions to organise adequate and comparable services and to provide expertise in the municipality.
The municipality or several municipalities must work together to promote the well-being of children and young people and to organise and develop children's protection, a plan for the activities of municipalities or municipalities, approved by the municipal council of each municipality, and Shall be reviewed at least once every four years. The plan shall be taken into account in the (365/1995) During the preparation of the budget and plan.
The plan shall include information on the design period:
(1) the conditions of growth and the well-being of children and young people;
2) measures and services to promote the well-being of children and young people and prevent problems;
(3) the need for child protection in the municipality;
(4) resources for the protection of children;
(5) a system of services for the protection of children under the protection of children;
(6) the organisation of cooperation between the various authorities and communities and institutions providing services to children and young people; and
7) the implementation and monitoring of the plan.
By the institution responsible for social welfare, the law on the qualification requirements for professional staff (272/2005) The professional qualification of a social worker in accordance with the urgency referred to in Article 38 (1) of this Law and the urgency referred to in Article 39 (1) An end to investment.
Senior administrator of social security determined according to the rule of the municipality, who is qualified in accordance with Article 10 (1) of the Law on the qualification of professional staff, or any other authority designated by the holder of the office, Which is eligible under Article 10 (1) or (2) or Article 3 of that law, shall take a decision on matters relating to the continuation of an urgent investment within the meaning of Article 38 (3) of this Law, as referred to in Article 43 (1); and As referred to in Article 43 (3), The alteration of the filling station or the cessation of custody within the meaning of Article 47 in the course of the custody or urgent investment. An application for the examination of a child referred to in Article 28 and in Section 43 (2) of the child referred to in Article 28 shall also be carried out by the holder of the authority or the holder designated by him.
In cases referred to in paragraph 2, the holder of an office shall be a social worker other than the child referred to in Article 13b. The incumbent who has taken a decision on urgent investment pursuant to Article 38 (1) cannot make a decision on the continuation of an urgent investment.
In the case of restrictions and suspensions, the decision-making holder is set out in Chapter 11.
The decision on the establishment of a child in custody of a child in prison or in pre-trial detention shall be established by Article 13, after consultation of the Criminal Sanctions Agency, pursuant to Article 13. The establishment of a child within the meaning of Article 37 (3) of the Decision is made by a social worker, as referred to in Article 13b, after hearing the Criminal Sanctions Agency.
A child who is a child protection client must be designated as a social worker in charge of his/her affairs ( Social worker responsible for child affairs ). The social worker responsible for the child's affairs must have the professional qualifications of a social worker in accordance with Article 3 of the Law on the qualification of professional staff.
The municipality shall ensure that a social worker responsible for the child's affairs has access to the child's growth and development, healthcare, legal and other child protection expertise.
The municipality or several municipalities shall be jointly set up by a group of experts on child protection, composed of experts from social and health care, the child's growth and development experts and other experts on child protection. The Child Protection Expert Group shall assist the social worker in the preparation of the child's custody, as well as in the preparation of matters relating to the care of the child and the other implementation of child protection. The expert group also provides opinions in support of decision-making on child protection measures.
The health centre and the medical centre shall provide expert assistance and, where appropriate, organise a child's research and treatment and therapeutic services for children in child and family-specific child protection. The services required by children to investigate the suspicion of sexual abuse or abuse must be organised as a matter of urgency.
A child or a young household is responsible for the organisation of child protection. If the municipality where the child or young person resides, does not (201/1994) Or in accordance with Article 3 (1), the organisation of the child's or the child's residence in accordance with Article 3 (1).
Notwithstanding the provisions of paragraph 1, the decision on the urgent investment referred to in Article 38 (1) shall correspond to the temporary stay of the child if the home or residence of the child is not known at the time of adoption of the decision or decision Cannot be delayed without jeopardising the purpose of an urgent investment. Following an urgent investment, the responsibility for organising the organisation shall be transferred to the home or home of the child, where appropriate, in accordance with Article 43 (3), taking into account the provisions of Articles 50 and 54. If a child moves away from home or home in a time of urgent investment, the responsibility for the organisation shall not be transferred to the new habitual residence prior to the cessation of an urgent investment.
Municipalities may agree on the organisation of the protection of children, contrary to the provisions of this Article, where it is in the best interests of the child.
The costs of child protection shall be borne by the municipality of the child, unless otherwise provided for by law.
If the municipality in which the child or young person resides, in accordance with Article 2 (1) or (1) of the Act of Home Law, is not his municipality, shall bear the costs of a child or a child or a child With the exception of the municipality of residence for more than 14 days, or for family care, the cost of which is borne by the child or the young municipality.
The costs of the child's replacement shall be borne by the municipality where the need for the organisation of the child's replacement is born. The costs of the replacement shall be borne by the municipality which has borne the costs of the replacement. If, on the basis of an investment in an outlet for more than half a year, as referred to in Article 75 (1), the maintenance costs shall be borne by the municipality, the municipality which is the municipality of the child at the end of the investment. Where the ex-post service is organised in accordance with Article 75 (2), the costs shall be borne by the municipality in which the ex-post decision is taken.
A municipality where a child or young person is an outlet or a foster care, or in retrofit ( Investment municipality Having regard to Article 16 (1) or Article 17 ( The investor ) Services and support measures required for the child or young person for their maintenance or treatment needs. Costs incurred in connection with organised services and support operations are eligible for the investment by the investor.
On the obligation of the investment municipality to organise, in the circumstances referred to in Article 1 (1), the provision of an outlet or a child or a young person with care in the care of a child or young person in post-maintenance services, as well as healthcare Reimbursement of the costs of services is provided for in the (1326/2010) . The obligation of an investment municipality to provide for the basic education of a child placed in the form of an outlet or a child in custody or in a post-maintenance service is provided for in the basic education law and the reimbursement of the resulting costs in the municipality's basic services On the State share law (1704/2009) § 41 .
Since, pursuant to this law, the municipality has provided family care or facilities to residents other than those referred to in Article 14 of the Social Security Act, Article 42 (1) and (3) of that Law shall apply to inter-municipal compensation.
Where the placement of a child in family care or institutional care, in matrimonial matters and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility and repealing Regulation (EC) No 1347/2000 Whereas, pursuant to Article 16 of Council Regulation (EC) No 2201/2003 or a binding treaty on Finland, no municipality is obliged to organise such care or maintenance, it is the child 's To the authorities of the last residence or stay. If the child has not had a residence or residence in Finland, the power of decision belongs to the authorities of the municipality in which the parents of the child or one of them resides or reside, or, if neither the parents are resident or stay in Finland, the parents or the Of one of them to the authorities of the last residence or stay. If neither of the parents had lived or stayed in Finland, the power of decision lies with the authorities of the City of Helsinki. In the event that a child is decided to organise family care or facilities in Finland, it shall be responsible for its organisation and the cost of such an institution shall be borne by the municipality whose authority has decided in accordance with the above.
The provision of child protection to a child whose parents or one of them is or has been a Finnish national but who, according to the Ministry of Social Affairs and Health, does not have the municipality of residence or residence in Finland and whose social and On the basis of the preliminary information received by the Ministry of Health, it shall not be considered to receive appropriate maintenance in the country of residence or stay, in accordance with the criteria laid down in paragraph 1. The protection of children may only be organised under this paragraph, subject to the provisions of the Regulation or the Treaty on Finland which are binding on Finland.
The municipality concerned may request, through the Ministry of Foreign Affairs, assistance in order to ascertain the need for child protection abroad. The report may also be carried out abroad by a person who, in the case of consular services, (498/1999) May carry out the duties of a public notary.
Where the child is in a State which is competent, applicable law, recognition and enforcement of measures, and cooperation in matters relating to parental responsibility and the protection of children in The Hague A Party to the Convention or, if otherwise, it is to be presumed that the authorities of such a State have information relevant to the protection of the child, a request to establish the need for child protection may be addressed to the Ministry of Justice.
Under this law, the municipality's activities are governed by the law on social and health planning and state aid (1999) As well as the law on the state of the municipality's basic services, unless otherwise provided for.
Children's protection can be charged to customer payments, as provided for in the Law on Customer Charges for Social and Health Care (18/04/1992) Provides.
In implementing child protection, the wishes and opinions of the child shall be determined and taken into account in accordance with the age and level of development of the child. The opinion of the child needs to be clarified in a subtle way and in such a way that this does not unduly interfere with relations between the child and his parents or other close people. The way and the main content of the child's opinion shall be recorded in client documents relating to the child.
A child who has completed 12 years must be given the opportunity to be heard by the Administrative Code. (434/2003) In the case of child protection in relation to him.
A child's opinion can be left unsolved only if it would endanger the health or development of the child or otherwise manifestly unnecessary.
In the context of the investigation and consultation of the child, the child shall not be provided with information which jeopardises his development or is contrary to the child's other extremely important private interest.
In addition to a guardian or other legal representative, a child who has been a 12-year-old has the right to speak separately on the issue of child protection in relation to himself.
In the case of child protection, the child shall be appointed by the guardian to use the parental authority instead of the guardian if:
(1) there are reasonable grounds for believing that the guardian cannot objectively control the best interests of the child; and
(2) the determination of the guardian is necessary to clarify the case or otherwise to safeguard the best interests of the child.
An application to determine the guardian of the application may be made by a law adopted by the guardian (442/1999) Shall be designated as the depository of the depository, the institution responsible for social welfare or the guardian itself.
A trustee, acting as a guardian, may appoint a trustee if the guardian and the institution responsible for social services are unanimous. Otherwise, the guardian will determine the court. The appointment of a guardian shall be subject to the provisions of the law or any other law provided for by the guardianment of a substitute.
The costs incurred by the guardian as referred to in Article 22 and the remuneration and costs of the trustee shall be borne by the municipality which, in accordance with Articles 16 and 17, is responsible for the organisation of the protection of children.
The social worker responsible for the child's affairs shall ensure that the best interests of the child are exercised and shall be assisted by a child or a young person in the exercise of the right to speak and, where appropriate, shall guide the child or young person to the legal aid, or ensure that: For a child in the situations referred to in Article 22.
The institution responsible for social service must be represented in the preliminary investigation and court proceedings of the notified criminal offence committed by the child and in the handling of the issue of dismissal of a compulsory child at school In a similar institution, unless the institution responsible for social affairs considers that the presence is manifestly unnecessary. The institution shall, where appropriate, guide the child in accordance with the provisions of the (1015/2005) Of the European Parliament.
1) Childcare and childcare facilities;
(2) a teaching activity;
(3) youth activities;
(4) policing;
5) Criminal Sanctions Agency;
6) fire and rescue operations;
(7) the producer of social services, childcare or healthcare services;
(8) the organiser of education or training;
(9) the church or other religious community;
(10) the law on the reception of applicants for international protection (746/2011) The designated reception centre and the organisational centre;
(11) unit of emergency services;
(12) the morning and afternoon activities of schoolchildren;
13) Customs;
(14) the Border Guard; or
(15) the enforcement authority
Persons acting in the service or in a position of confidence, or persons acting as self-employed or self-employed, as well as all health professionals, shall be subject to the obligation of professional secrecy Without delay inform the institution responsible for social affairs of the municipality, if they have been informed of the child whose care and care is required, the circumstances at risk or their own behaviour require the protection of children. Necessary clarification.
(30/04/2013)A person other than the person referred to in paragraph 1 may also make such a declaration without prejudice to any confidentiality provisions relating to him.
The persons referred to in paragraph 1 shall have the obligation to notify the police, without prejudice to the provisions of confidentiality, when they have reason to suspect that the child has been subjected to:
1) Criminal law (39/1889) An act punishable as a criminal offence; or
(2) such Chapter 21 of the criminal code A criminal offence punishable as a criminal offence punishable by a maximum sentence of at least two years imprisonment.
(30/04/2013)Notwithstanding the provisions of paragraphs 1 and 3, the obligation of professional secrecy in respect of which a confession or other person is subject to any other form of confidentiality shall be laid down or laid down. (205.2011/542)
The notification requirement referred to in Article 25 may be effected without prejudice to the provisions of confidentiality, including in liaison with the child or his parents, in the form of a communication in accordance with Article 35 of the Social Security Act, in order to assess the need for support, provided that:
(1) communication shall be made without delay; and
(2) In connection with the communication, the person responsible for the notification referred to in Article 25 (1) shall state the reasons for the communication.
The Social Welfare Institution shall keep a register of child protection declarations and their content.
Before the birth of the child, the persons referred to in Article 25 (1) shall, without prejudice to the provisions of confidentiality, submit a preventive child protection declaration where there are reasonable grounds for suspecting that the child born will need immediate assistance for the protection of children. After he was born.
In urgent cases, the social authority of the on-call date shall evaluate without delay the need for the social services of the persons covered by the preventive child protection report. In cooperation with the social worker for the protection of children, the necessary social services can be assessed immediately after the birth of the child.
The child protection issue shall be initiated and the protection of children begins after the birth of the child, as provided for in Articles 26 and 27. (30/04/2013)
Without prejudice to the confidentiality provisions of the child protection requirements referred to in Article 26, the institution responsible for the protection of children shall, without delay, without delay, inform the child 's To the new home municipality or to the municipality referred to in Article 16 (1). Where appropriate, the new home or residence shall be accompanied, where appropriate, by the relevant documents necessary for the assessment of the need for child protection or for the organisation of child protection measures. The new home or residence of a child shall continue to carry out a study or other measures to protect children, taking into account the provisions of Article 16.
Where a decision on an urgent investment or modification of a filling position is taken in the case of custody of a child or a matter of parental responsibility is pending before the administrative court or the Supreme Administrative Court, the decision-maker must: Immediately before the administrative court or the Supreme Administrative Court.
The child protection issue shall be initiated upon application, or where a social worker or other child protection worker has otherwise been informed of any child in need of child protection.
Following the entry into force of the Child Protection Act, a social worker or any other child protection worker must immediately assess the urgent need for child protection of the child.
In addition, the assessment of the need for services in accordance with Article 36 of the Social Welfare Act shall be carried out, unless the assessment is manifestly unnecessary. In the context of the assessment of the need for services, the need for child protection is clarified, unless it is clearly not such that measures to support child protection are not needed.
The assessment of the need for services and support measures under the Child Protection Act is made by a social worker. The social worker assesses the conditions of the child's growth and the ability of caregivers or other children to care for the care and education of the child. The assessment shall be made to the extent required by the circumstances of the case in question. In order to carry out the assessment, the social worker may, where appropriate, contact persons close to the child, as well as different partners and experts, as provided for in Article 41 of the Social Welfare Act.
The assessment of the need for services must be carried out in accordance with Article 36 of the Social Welfare Act. The assessment shall start without delay and complete without undue delay. The assessment shall start at the latest on the seventh working day following the outcome of the proceedings and shall be completed no later than three months after the result.
The protection of children begins when a social worker determines, on the basis of the assessment of the need for services, that:
(1) the child's health or development is threatened or not protected by the growing conditions of the child; or
(2) the child's behaviour endangerits health and development; and
3) the child needs services and support measures in accordance with the Child Welfare Act.
Children's rights shall also commence when urgent action is taken to safeguard the health and development of the child or when the child or his family is otherwise provided with the provisions of this Act Services or other support prior to the completion of the assessment of the service need.
The social worker shall make an indication of the start of the protection of child protection in child protection documents relating to the child and shall immediately inform the caretaker and the child, taking into account the status of the customer, and Article 11 of the Law on the Rights of the Child.
The health and welfare institution shall request the information necessary for the monitoring and control of the implementation of the time limits laid down in Article 26 (2) and Article 27 (2) of Article 26 per calendar year. The information shall not contain any identification of the individual person.
Municipalities and local authorities shall disclose the information referred to in paragraph 1 to the institution of health and welfare free of charge.
The health and welfare institution shall disclose the information referred to in paragraph 1 to the Agency for Social and Health Authorisation and Control for its national control and control function.
The administrative court may, on application by the office-holder referred to in Article 13 (2) and (3), authorise a medical examination by a doctor or other expert on the child if the investigation is necessary in order to determine the need for child protection, but the guardian Prohibit the conclusion of the investigation. Before making an application, the opinion of the child shall be examined, unless the age of the child, the level of development or other circumstances of the child is not impossible.
The authorisation referred to in paragraph 1 shall be granted for a limited period. Before issuing the authorisation, the administrative court must consult the child's guardian and the 12-year-old child. In particular, the authorisation may be given, even if the consultation has not been carried out.
The administrative court may at the same time decide to grant an authorisation to allow an investigation to be carried out in spite of the appeal.
In order to comply with the decision on the authorisation of the administrative court, the obligations to be imposed on the guardian shall apply mutatis mutandis to the law on the implementation of the decision on parental responsibility and access rights (19/1996) Provides.
In the case of child protection, the child-related social worker or any other child-protection worker must meet the child in more detail in the customer plan in a sufficiently detailed way. (13/03/98)
The organisation of the individual meetings of a child shall be sought with the person responsible for the care and education of the guardian or other child.
Where appropriate, a social worker or a child-protection worker shall also be entitled to meet the child without parental consent if it is estimated that it is in the best interests of the child, in the light of the age, development or circumstances of the child. The documents relating to the child shall record the reasons for the meeting of the child against the child's parental consent. The service provider shall be informed of the meeting unless it is manifestly contrary to the best interests of the child.
A child protection client must be provided with a client plan. (30/04/2013)
The client plan shall be drawn up and reviewed, unless there is a clear obstacle to it, in cooperation with the child and the guardian, and, where appropriate, the other legal representative, the parent, the parent, the other child, or the child The person and the entity involved in the maintenance of the child. The customer plan shall record the circumstances and the matters to be affected, the need for support for the child and his family, services and other support measures to meet the need to respond to the need, and the estimated time within which the objectives are sought To implement. The Customer Plan shall also include the relevant dissenting views on the need for support and the organisation of services and other support measures. The customer plan shall be reviewed, if necessary, at least once a year. (30/04/2013)
In addition, the purpose and objectives of the surrogate, the provision of specific support and assistance to the child, to his parents, to his parents, to his parents, or to any other person responsible for the care and education of the child shall be recorded in the customer plan for the child. Persons. In addition, the plan shall record the implementation of the child's contact and collaboration with the child's parents and other persons close to him and, at the same time, taking into account the interests of the child in the interests of the family To reunify. In order to support parents, a separate customer plan shall be drawn up for parents of the child concerned, unless it is necessary to consider it unnecessary. The plan shall be drawn up, where appropriate, in cooperation with other social and health care, such as substance abuse and mental health.
The purpose and objectives of ex-post maintenance and the provision of specific support and assistance to the child or young person, as well as to his or her parents, guardians or other treatments, shall be recorded in the customer plan for a child or child. The persons responsible for their education.
Where appropriate, the client plan shall be supplemented by a separate management and training plan.
In order to clarify the need for child protection and to organise the protection of children, negotiations must be held which, on the basis of an assessment by the child protection worker, may take place, where appropriate, of the child, parents and guardians, other children's care and education Persons who are involved in the care of the child or who are involved in the care of the child, other persons close to the child or family, as well as officials and other partners.
Paragraph 2 has been repealed by L ON 30 DECEMBER 2013 .
Before the child is placed outside the home, the parent of the child who is not, in the main, the child, or any other child who is close to the child, shall be able to take the child to his or her place of residence or otherwise participate in the child. Support. Clarification may not be carried out if it is not necessary for reasons of urgency or other legitimate reasons. The issue of the residence and location of the child shall always be settled in the best interests of the child.
The institution responsible for social affairs shall take measures to organise the maintenance of the child by means of an agreement between the parents or by a court order, if it is appropriate for the child's best interests.
If necessary, the person who has been entrusted with the care of the child in addition to or in place of the parents of the child shall, where appropriate, secure the care of the family (312/1992) The conditions set out in paragraphs 1 and 2 in order to treat and increase the child.
A family nurse L 312/1992 Has been repealed by L 253/2015 , see Family Care L 263/2015 ARTICLE 10 .
Childcare workers must mark a child or a young person with child protection documents as from the date referred to in Article 26 (1) of the Child Protection Act for the organisation of child-protection measures necessary for the child or young person Information and information relevant to the design, implementation and monitoring of the measures.
More detailed provisions may be laid down for the preparation of child protection documents by the Ministry of Social Affairs and Health.
The institution responsible for social services shall take immediate care measures in accordance with this Chapter as soon as the need for child protection has been established. (30/04/2013)
The purpose of the support measures is to promote and support the positive development of the child and to support and strengthen the capacity and potential of parents, caregivers and children for care and education.
In cooperation with the child and parents, guardians or other persons responsible for the care and education of the child and of the child, the support measures shall be implemented as far as possible.
Where the need for child protection is essentially due to an inadequate income, a lack of accommodation or a lack of accommodation, or where such elements constitute an essential obstacle to the rehabilitation of the child and the family, the municipality is without delay Provide adequate financial support and address housing deficiencies or provide a suitable accommodation.
Paragraph 2 has been repealed by L ON 30 DECEMBER 2013 .
The social services listed in Chapter 3 of the Social Welfare Act, such as the home service, the peer group activity, the sponsor or family, and the law on income support (19/05/1997) And of the Law on the Day Care of Children under Education, (186/1973) In addition to day-care of children, the child protection family shall be provided, where appropriate, in the light of the customer plan, based on the needs of the child and the family, as support measures for the promotion of child protection:
(1) supporting the problem of the child and the family;
(2) financial and other support for the child in the course of school, occupation and housing, work placement, activities, maintenance of close relationships and the satisfaction of other personal needs;
(3) care and therapy services for the rehabilitation of the child;
(4) enhanced family work;
(5) family rehabilitation; and
6) other services and support measures supporting children and the family.
Welfare services necessary for the health or development of a child and the day care of children shall be organised in accordance with the assessment of the need for a child or parent in the parental plan of the child.
A child may be organised as an outlet within the meaning of the customer plan, in support of the need for support for the need for assessment or rehabilitation of the family or of the institution, together with his parents, guardian or other care and education; With the person responsible.
If a child cannot be placed in the best interests of the child together with his parents, guardian or any other person in charge of his care and upbringing, the child may be placed on a short-term basis as an outlet for the short term. The agreement requires the consent of the child's guardian and the 12-year-old child. An investment is contingent upon the need for an investment:
1) in order to assess the need for the child's support;
(2) the rehabilitation of the child; or
(3) in order to provide for the care of the child, on a temporary basis, for the care of the caretaker or other child and for the illness of the person responsible for the upbringing.
(30/04/2013)A child under two years of age may be placed in the custody of the prison family unit in the custody of his or her parents in prison or in detention. A child under three years of age may continue to invest in the family section if the child's best interests necessarily require it.
A child shall not be placed repeatedly in the form of an outlet, unless the best interests of the child necessarily require a new short-term investment. (30/04/2013)
If the child has more than one guardian and one of them cannot be heard for the journey, illness or other reason, or if the guardians are dissenting, the child may be placed where the parent with whom the child resides or with whom the child is Comes to live in the course of the investment, agrees and the investment is in the best interests of the child.
When deciding on an investment, the objectives and the estimated duration of the investment shall be defined. Where the child is placed in accordance with Article 37 (2) or (3), the conditions for the continuation of the investment and its options shall be assessed no later than three months after the start of the investment. If the investment is continued, the assessment shall be carried out every three months. The assessment shall also include a possible need for custody.
If, as a matter of urgency, a child needs assistance under Article 40, assistance under Chapter 7 may be provided as a matter of urgency, provided that support measures are appropriate for the provision of care in the best interests of the child. And adequate.
If, for the reasons set out in Article 40 below, the child is in immediate danger, the child may be provided as a matter of urgency as a substitute for the care and maintenance he needs.
In the case of urgent investment, the holder of a qualifying holding in accordance with Article 13 (1) shall be decided upon whose decision it may take up to 30 days on the basis of a decision. The date shall be the date on which the child is effectively placed as a matter of urgency. If the decision on an urgent investment has been taken before the date in which the child is effectively placed, the decision-making date shall be read.
Notwithstanding paragraph 1, an urgent investment may continue without a different decision for more than 30 days if:
(1) in accordance with Article 13 (2) and (3), the incumbent shall, within 30 days of the start of an emergency, an application for custody referred to in Article 43 (2); or
(2) prior to the decision on the emergency placement of the child, the issue of custody of the child is already pending before the administrative court or the Supreme Administrative Court.
During an emergency, the institution responsible for social care shall have the right to decide on matters relating to the child, to the extent necessary for the purpose of an urgent investment, as provided for in Article 45.
§ 38 applies from 1 January 2016.
L to 1302/2014 Article 38 entered into force on 1 April 2015. The previous wording reads:
If, for the reasons mentioned in Article 40, the child is in immediate danger or otherwise in need of urgent investment and replacement, he or she may be placed in a family or in institutional care as a matter of urgency or otherwise provided for The care and maintenance they need. In the case of urgent investment, the holder of a qualifying holding in accordance with Article 13 (1) shall be decided upon whose decision it may take up to 30 days on the basis of a decision. (12.2.2010/88)
Notwithstanding paragraph 1, an urgent investment may continue without a different decision for more than 30 days if:
(1) in accordance with Article 13 (2) and (3), the incumbent shall, within 30 days of the start of an emergency, an application for custody referred to in Article 43 (2); or
(2) prior to the decision on the emergency placement of the child, the issue of custody of the child is already pending before the administrative court or the Supreme Administrative Court.
(12.2.2010/88)If 30 days is not sufficient to determine the need for the custody of the child, the holder of the post determined pursuant to Article 13 (2) and (3) may decide to extend the child's urgent investment by a maximum of 30 days, provided that:
1) it is not possible to decide on the necessary child protection measures without further clarification;
(2) it is not possible to obtain further clarifications within 30 days from the start of an urgent investment; and
3) is in the best interests of the child.
(12.2.2010/88)During an emergency, the institution responsible for social care shall have the right to decide on matters relating to the child, to the extent necessary for the purpose of an urgent investment, as provided for in Article 45.
Where a period of 30 days is not sufficient to establish the need to take care of the child or to identify adequate support measures, the holder of an authority determined pursuant to Article 13 (2) and (3) may take a decision to extend the child's urgent investment 30 By day, provided that:
1) it is not possible to decide on the necessary child protection measures without further clarification;
(2) it is not possible to obtain further clarifications within 30 days from the start of an urgent investment; and
3) is in the best interests of the child.
The calculation of the deadline shall be in accordance with the provisions of Article 38 (2).
Article 38a shall apply from 1 January 2016.
Where the grounds for urgency have ceased or the investment has lapsed in the circumstances referred to in paragraph 2 below, the incumbent of the incumbent shall immediately take a decision on the termination of an emergency investment.
The urgent investment shall lapse if, within 30 days of the commencement of an urgent investment or the end of an urgent investment pursuant to Article 38 (3), no decision has been taken either in the form of a decision to take custody or in accordance with Article 43 (1). § an application for custody referred to in Article 2 (2) of the Administrative Court.
Where a matter of custody or replacement is pending before a court of administration, an urgent investment shall lapse if:
(1) the administrative right or the Supreme Administrative Court to adopt a decision on a provisional order pursuant to Article 83; or
(2) the administrative court or the Supreme Administrative Court, in the case of an application for custody or of an application for surrogation, or a decision in the matter of appeal.
Before decisions on urgent investment as referred to in Articles 38 and 38a and 39 (1), the opinion and opinion of the person responsible for the care and education of the child, parent, guardian and other child shall be determined. Clarification may not be carried out if the delay in the handling of the case resulting from the inquiry is detrimental to the health, development or safety of the child.
If the opinion of the person referred to in paragraph 1 has not been established before an urgent investment, the person shall be informed of an urgent investment as soon as possible after the event. In the event of information, the person shall be given the opportunity to express his views on the matter and to obtain information on the right to receive assistance as provided for in this and other law.
Article 39a shall apply from 1 January 2016.
L to 1302/2014 Amended Article 39a entered into force on 1 April 2015. The previous wording reads:
Before the decisions on urgent investment referred to in Article 38 (1) and (4) and Article 39 (1), the opinion and opinion of the child, the parent, the guardian and the other child responsible for the care and education of the child shall be determined. Clarification may not be carried out if the delay in the handling of the case resulting from the inquiry is detrimental to the health, development or safety of the child.
The child shall be taken care of by the Social Welfare Institution and shall arrange for his replacement if:
(1) deficiencies in the care of the child or other conditions of growth seriously threaten the health or development of the child; or
(2) the child is seriously compromising his health or development through the use of drugs, by means of a criminal act other than a minor offence or any other comparable behaviour.
However, there can only be a start to the reception and the provision of services if:
(1) the actions referred to in Chapter 7 would not be suitable or possible to carry out care in the best interests of the child, or if they proved to be insufficient; and
(2) the replacement shall be assessed in the best interests of the child in accordance with Article 4.
Matters relating to the child's custody and to the care of the child shall be prepared by the social worker responsible for the child's affairs in cooperation with another worker who is familiar with the social worker or child protection. Preparatory work should be supported by legal expertise and other expertise in the implementation of child protection.
In addition, the social worker mentioned in the first paragraph of Article 20 of the Law on the Status of Social Services (Article 20 of the Act on the Status of Social Services and the Rights of the Social Welfare Office) is entitled to benefit from the provisions of that provision , if necessary for the preparation of the custody, the decision to take custody or the provision of replacement maintenance.
Before the decisions referred to in Article 43 (1) to (3) concerning the custody of the child and the maintenance of the custody decision referred to in Article 47 (1), the child's own opinion must be examined and an opportunity to , in accordance with Article 20.
An opportunity to be heard by a child's parent, guardian and servant, for the care and upbringing of which the child is or is immediately prior to the preparation, shall be given an opportunity to be heard in the matters referred to in Article 34 (1) of the Administrative Code. Provides.
Consultation may not be carried out if:
(1) the absence of consultation can be considered justified by the absence of a child and the lack of contact with the child, and the hearing cannot be presumed to be strictly necessary in order to clarify the case;
(2) the place of residence or whereabouts of the hearing cannot be reasonably determined; or
(3) a hearing may give rise to a serious risk to the development or safety of the child and the absence of consultation must be regarded as necessary for the benefit of the child.
However, a person who has been excluded from the grounds referred to in paragraph 3 shall be informed of the decision to end the custody, maintenance or custody of the child, as provided for in the Administrative Act; From service. The documents relating to the child shall be subject to the reasons for the non-consultation.
In accordance with Article 13 (2) and (3), the decision on the reception and the accompanying maintenance shall be taken by the decision-holder of the person responsible under Article 13 (2) and (3), if the parent or child who has completed 12 years of age does not object. The placement of custody and the related replacement maintenance.
Where the child's guardian or a child who has completed 12 years of age is opposed to the provision of custody or ancillary services relating thereto, the administrative court shall, on the application of Article 13 (2) and (3) of the Administrative Court, decide on the application of the The social worker prepared it.
Under Article 13 (2) and (3), the decision to change the filling station shall be taken by a social worker responsible for the child's affairs, under Article 13 (2) and (3).
The application to the administrative court of an application by the office holder referred to in Article 43 (2) concerning reception and related replacement maintenance shall include:
(1) the requirement to have custody of the child and the placement of the child and the reasons for it;
2. A customer plan in accordance with Article 30;
(3) an explanation of the assistance provided to the family and the child or to the assistance provided;
(4) a report on the identification of a child network within the meaning of Article 32 (1);
(5) a description of the filling station;
(6) a plan for the implementation of contacts between the child and his loved ones;
(7) a plan or explanation of the state of health in accordance with Article 51 of the child;
(8) a report on the examination and consultation of opinion pursuant to Article 42;
(9) where appropriate, expert opinions; and
10) any other reports and documents affecting the decision-making process.
(12.2.2010/88)Where appropriate, the client plan and the other documents mentioned in paragraph 1 may be submitted separately if they are not yet available due to the urgency of the application.
When a child is taken into custody, the institution responsible for social care shall have the right to decide on the whereabouts of the child and the care, upbringing, supervision and other care and implementation of the child. The necessary teaching and health care.
The person acting in accordance with Article 13 (2) and (3), or a social worker within the meaning of Article 13 (1), or the head of the institution, shall decide between the child of custody of the child and his parents and other persons close to the child; The limitation of contacts, as provided for in Articles 62 and 63. (12.2.2010/88)
In situations referred to in paragraphs 1 and 2, joint action shall be sought with the child, the parent and the guardian and, as a matter of priority, take into account the best interests of the child.
During the period of maintenance, parents may agree that the child's care is entrusted to both parents jointly, or that the child's care is entrusted to another parent. The agreement must be laid down in accordance with the law on parental responsibility and rights of access. The General Court may decide to whom the custody of the child or the protection of the interests of the child is credible, as provided for by the law on the custody of the child and the law on the right of access. (12.2.2010/88)
Where, under the law on the maintenance of the child's care and the rights of access, the child is entrusted to the persons who have signed the contract in accordance with the law on parental responsibility, the institution responsible for social care may continue to pay the child 's Maintenance and management compensation and, where appropriate, reward and support for the care and education of the child. The Social Welfare Institution shall, before submitting an application or report to the Court of Justice on the transfer of the care of the child to the persons who concluded the contract, agree with them Operations and remuneration and compensation. At the same time it should be assessed whether a separate trustee is necessary for the child.
The reception is in effect for the time being. In accordance with Article 40, where there is no longer any need for custody and the need for replacement care, the holder of the office of duty under Article 13 (2) and (3) shall take the decision to terminate the custody of the child with the social worker responsible for the child's affairs. However, in spite of the cessation of the conditions of interest, custody shall not be stopped if the cessation is manifestly contrary to the best interests of the child within the meaning of paragraph 3.
The social worker responsible for the child's affairs shall assess the conditions for the continuation of custody in the context of the review of the customer plan, the termination of custody of the child or guardian, or where it otherwise proves necessary.
In considering the interest of the child in custody, in addition to the provisions of Article 4 (2), consideration shall be given to the duration of the maintenance period, the quality of the relationship between the child and the surrogate, the child and his Contact between his parents and the opinion of the child.
The maintenance stops when the child reaches the age of 18.
The decision to take custody shall lapse, unless the decision has been taken within three months of the adoption of the decision.
Replacement of a child shall mean the organisation and organisation of the care and education of a child placed under the temporary order referred to in Article 83 of the law, outside the home.
The child's replacement may be arranged as family care, institutional care or other means necessary for the child's needs.
The child may be placed on a temporary basis for a period not exceeding six months, including parents or other guardians, when preparing to return to the child's home after an outward investment or when the child is Is justified for other reasons.
Notwithstanding the provisions of Article 3 (3), the child may be placed in prison or in custody of his or her parents in prison or in the prison family unit for a maximum period of time until the child reaches the age of two Years. A child under three years of age may continue to invest in the family section if the child's best interests necessarily require it.
The selection of the establishment shall pay particular attention to the criteria of custody and to the needs of the child and to the maintenance and continuity of the relationship between the child's siblings and other close relationships. In addition, the linguistic, cultural and religious background of the child shall be taken into account as far as possible. The provision of services shall be organised where the child's care cannot be arranged in the best interests of the child through adequate support measures for the care of the family or elsewhere.
The health status of the child shall be examined in the course of the placement of the foster care, unless it has been possible to examine the state of health in the past or, for any other reason, adequate information on the organisation of the child's care during the maintenance period.
The child-related social worker or other child-protection worker, as well as the care of the child in the care of the child, must cooperate with the child and his parents and parents in the care of the foster child; and With a representative of the filling station in order to safeguard the continuity of the child's maintenance.
The social worker responsible for the child's affairs shall ensure that the child in foster care is determined in a manner consistent with his or her age and level of development, as to why he has been taken into custody and shall describe the activities to which he or she Action has been taken or will be taken.
A child shall be provided with a client plan in a more detailed way, in a more detailed manner, to meet with the social worker or other child-protection worker who is responsible for his or her affairs in person without being present and to discuss them. Matters concerning itself and the implementation of the understudy.
In the case of foster care, the child must be protected from the point of view of his development, which is important, continues and secure. Children shall be entitled to meet their parents, siblings and other persons who are close to him by receiving guests or visiting outside surrogates, and to keep in touch with them by using the telephone or sending and Receiving letters or similar other confidential messages or other consignments.
The seat of the institution responsible for social services and the replacement of the child shall support and promote the contact between the child and his/her parents, as well as the child and other persons close to him. The child's replacement shall be arranged in such a way that the distance between the site is not an obstacle to contact with persons close to the child.
Where a child or young person has been placed outside the home in accordance with the provisions on outpatient care, replacement maintenance or care, the municipality shall ensure that his studies and activities are financially supported, where appropriate.
In addition to the financial assistance referred to in paragraph 1, the child or young person shall, in the calendar month of the calendar month for his own personal use, be available for use in the calendar month, depending on age and the growing environment, as follows:
(1) the quantity corresponding to the individual needs of a child under the age of 15; and
2) For a child or young person aged 15 years or more, equal to one third of the maintenance allowance (580/2008) On the amount of child support provided for one child.
(12.2.2010/88)The underage shall be entitled to decide for itself the use of funds paid under paragraph 2, notwithstanding the provisions of the Guaranship Law.
The child's place of investment shall keep records of the payment of access to the child. The records shall be sent to the social worker responsible for the child's affairs referred to in Article 13b a year. (12.2.2010/88)
Family care is covered by family care law (263/2015) Provides.
Child protection institutions which organise the placement of a child under the law, as well as an investment in the provision of an open-care facility as referred to in Article 37, are children's homes and school homes, as well as other comparable childcare institutions.
In the care of the child, in education and in the organisation of growth conditions, the provisions of Article 1 of the Law on the Maintenance and Access of the Child must be respected. The child's care and education must be provided and treated in such a way that his privacy is respected.
The Child Protection Act must have adequate facilities and facilities and facilities.
The institution may have one or more residential units. Units can also act separately.
A maximum of seven children or young people may be treated in the unit. A maximum of 24 children or young people may be placed in the same building. If a child is provided with a parental responsibility, together with a parent, guardian or other person responsible for his care and upbringing, more than one child can be treated together.
The housing unit must have at least seven persons working in care and education. If there are more than one dwelling unit in the same building, there must be at least six persons working in care and education. Where a worker in care and parenting is living with children or young people who are being treated, the number of such staff may be waived.
In urgent cases, derogations from the number of children referred to in paragraph 1 may be temporarily derogated from if necessary for the organisation of the care of the child.
In the situations referred to in paragraphs 1 to 3, the number of staff shall be proportionate to the number of children or young people being treated, the care and education they need, and the nature of the activity, taking into account the provisions of Article 60.
In the case of children and young people, the child protection institution must have a sufficient number of occupational and other staff in the social care sector.
The manager responsible for the management and training of an institution must be eligible under Article 10 (4) of the Law on the qualification of professional staff.
Eligibility requirements for staff in treatment and training tasks shall take into account the specific needs and nature of the activity of the customer base of the operational unit.
The restrictions referred to in Articles 62 and 63 of this Chapter may be used during the investments referred to in Article 49. The restriction measures referred to in Articles 64 to 74 may be used only in foster care in the form of institutional care. The special care referred to in Article 71 may be arranged for a child who has completed 12 years. (12.2.2010/88)
The provisions of this Chapter relating to the powers of limitation of the child protection institution or to other staff shall be governed by all child protection institutions referred to in Article 57, irrespective of whether the said staff: Or any other person, unless otherwise specified by law. Criminal liability for the criminal liability of non-appointed persons in the exercise of the powers of limitation Article 12 of Chapter 40 of the Penal Code -In.
The right of a child in foster care to keep in touch with his parents or other persons close to him may be restricted by the decision referred to in Article 63 if it has not been possible to communicate in the customer plan referred to in Article 30 or Otherwise agree with the child and his parents or other loved ones, and if:
(1) communications are a threat to the child's care and to the care and education of the child; or
(2) communication is a threat to the life, health, development or safety of the child; or
(3) limitation is necessary for the safety of the parents or other children, family homes or other children or staff of the institution; or
4. 12 years of age against contact; the same applies to a child of 12 years younger if he is so advanced that attention can be paid to his will.
Subject to the conditions referred to in paragraph 1:
(1) limit the right of the child to meet his parents or other loved ones;
(2) limit the child's right to communicate with its loved ones by telephone or other means or means of communication;
(3) read and arrest a single letter sent or addressed to the child or any other confidential message or check and arrest any other consignment; and
(4) take over, for the duration of the restriction, the equipment and equipment to be used by the child in the possession of the child or restrict their use.
Under the conditions laid down in paragraph 1, the whereabouts of the child may be left without disclosure to parents or guardians. (12.2.2010/88)
The limitation of the communication referred to in paragraphs 1 to 3 may be used only to the extent that in each case it is necessary to achieve the purpose provided for by law. The letters or other confidential messages lodged shall be kept separate from other documents relating to the child, in such a way that they are only available to the bodies referred to in Article 63 (2).
A decision shall be taken to limit communication within the meaning of Article 62 (1) to (3), which shall be a fixed term, not more than one year at a time. The decision shall mention the reason for the restriction, the persons subject to the restriction, the frequency of contact and the extent to which the restriction is to be carried out.
The limitation of contact shall be made by the holder of an official responsible under Article 13 (2) and (3), in the case of a child responsible for the child's affairs, or in cases relating to the urgent investment of the child and, where appropriate, in other cases. In urgent situations the social worker referred to in Article 13 (1). However, the restriction referred to in Article 62 (1) and (2) of the short term, not exceeding 30 days, may also be decided by the Director of the Child Protection Body. Where it is necessary to continue or to limit the period of 30 days longer, it shall be decided by the social worker of the person responsible for the child's affairs in accordance with Article 13 (2) and (3). The limitation of communication shall be lifted as soon as it is no longer necessary within the meaning of Article 62 (1). (12.2.2010/88)
Under the provisions of Articles 65 to 73, a child or another person or another person's health or safety shall be subject to restrictive measures under Articles 65 to 73, under Articles 65 to 73. Or the protection provided for in any other such provisions may be required. The measures shall be taken as safely as possible and with respect for the dignity of the child.
If the child is in possession of a substance used for the purpose of intoxication or for the use of such a substance, in particular suitable instruments, they shall be taken over by the institution. Similarly, substances or objects belonging to the institution which are intended to harm the child itself or another person shall be taken over by the institution. The plant may be taken over by substances or objects which, on behalf of their properties, are likely to endanger the life, health or safety of the child's life, health or safety or damage the property if it is likely that the child will use the Substances or objects in accordance with this provision. The sale or disposal of acquired property shall be governed by the other law. Alcoholic sa (1143/1994) That the beverage referred to in Article 34 (5) of the Law on alcoholic beverages or other alcoholic beverages, as referred to in Article 34 (5) of the Law, is provided for in Article 60 of the Alcohol Act. At the end of the replacement, the pledged property shall be returned to the child, unless otherwise provided for in any other law.
The take-over referred to in paragraph 1 may be made by the head of the institution or by a person belonging to the institution's care and education staff. It shall be notified without delay to the Director or to any person belonging to the nursing and educational staff who is required to take over the decision, unless the property is returned.
In addition, the institution of a child may be taken over by the child or by other children, other than those referred to in paragraph 1, which are likely to be seriously impeded by the organisation or organisation of the child's own or other child's replacement. The decision shall be taken by the Director of the institution or by a person belonging to the care and education staff appointed by him. The measure must not be extended for longer than that provided for in that provision and is necessary for the care and education of the child.
If there are reasonable grounds for suspecting that the child has the substances or objects referred to in Article 65 (1) in his clothing or otherwise, he shall be informed Identity check . The audit shall be carried out by the head of the institution or by a person belonging to the management and educational staff of the institution designated by him. The inspection shall be carried out in the presence of another person belonging to the management and educational staff of the institution, subject to special circumstances. The examiner and the person present in it shall have the same sex with the child, unless they are a health professional.
Where there are reasonable grounds for suspecting that the child has used intoxicating substances within the meaning of Article 65 (1), Identification of persons Which may include the performance of the breath test or the taking of blood, hair, urine or saliva. A decision and a survey shall be carried out by the head of the institution or by a person belonging to the management and educational staff of the institution designated by him or any other person with an appropriate professional qualification. The gas should be provided so that it does not cause unnecessary harm to the child.
Where a personal survey is carried out by a person other than a health care professional, there shall be another person belonging to the institution's care and education staff or another person with an appropriate professional qualification. The blood sample shall be taken only by a health professional. A snapshot shall not be provided or present in the presence of a person of different sex with the child, unless it is a health professional.
Notwithstanding the provisions of paragraphs (1) and (3), the person who carries out a personal check or a person's survey may, however, be of a different sex than a child, where immediate action is necessary for a child or another The security of the person.
Where there are reasonable grounds for suspecting that the child is in possession of the substances or objects referred to in Article 65 (1), or the whereabouts of the child shall be determined as a matter of urgency in order to fulfil the purpose of the replacement, Or the assets held by the holding. (12.2.2010/88)
Where there are reasonable grounds for suspecting that a letter addressed to a child or equivalent confidential message or other consignment contains substances or objects within the meaning of Article 65 (1), the content of the consignment may be checked by the content of the consignment, or Other confidential messages without reading.
The verification referred to in paragraphs 1 and 2 shall be determined and verified by the Director of the institution or by a person belonging to the management and educational staff of the institution designated by him. Verification shall be carried out in the presence of another person within the care and educational staff of the institution. However, the presence or possession of a child in the possession of a child may, for special reasons, also be checked in the presence of a child or another person. The child needs to know the reason for the check.
In addition, a social worker within the meaning of Article 13b has the right, for a particular reason, to make a decision that the message referred to in paragraph 2 is to be submitted in whole or in part, or in full or in part, Without giving up to the child, where the content of the message or consignment can reasonably be assessed in the light of the person's life, health, safety or development of a child or another person seriously endangering the child or another person. The consignment shall be transmitted without delay to the child-related social worker for decision making. For the purposes of the decision, a social worker may read a letter or any other confidential message, where there are reasonable grounds for suspecting that the content of the message could compromise the life, health, safety or Development. (12.2.2010/88)
A person belonging to an institution or a person belonging to the management and educational staff of an institution may, in order to calm the child, hold a child if the child is likely to harm himself or others on the basis of a confused or threatening behaviour. Holding is the life, health or safety of the child, or the immediate threat to the safety of the child, or the need to prevent significant damage to property. The maintenance must be of a therapeutic and maintenance nature and, as a whole, to be defended, given the behaviour of the child and the change in the situation. It can also include the transfer of a child. It must be stopped as soon as it is no longer necessary.
The holding shall be provided to the Director of the institution in writing in writing. In the event of the closure of the head of an institution, a statement shall be made to the social worker referred to in Article 13b. (12.2.2010/88)
Exexaggeration of the Chinese marketing Article 6 of Chapter 4 of the Penal Code (3) and Article 7.
If it is necessary for his or her service and is in the best interests of the child, a child may be allowed to leave the premises, the institution or the premises of a particular resident if:
(1) the decision leading to the maintenance of a child has been taken on the grounds that he has seriously jeopardised his health or development by means of intoxication by means of a criminal act other than a minor criminal act or any other comparable Behaviour;
(2) the child in the establishment acts as mentioned in paragraph 1; or
(3) the restriction is otherwise necessary for the care or maintenance of the child to protect the child from a behaviour which is seriously damaging to him.
(12.2.2010/88)The limitation referred to in paragraph 1 shall not be allowed without a new decision to continue for more than seven days. For a continuous period of time, limitation shall not exceed 30 days. Restrictions shall not be imposed on a wider or longer period than necessary for the care and upbringing of the child. The measure shall also be terminated as soon as it is no longer necessary in accordance with paragraph 1.
A total amount of up to seven days may be decided by the head of the institution or by a person belonging to the management and educational staff of the institution designated by him. Of this longer duration, a maximum of 30 days' restriction shall be taken by the social worker responsible for the child's affairs referred to in Article 13b of the Decision. The social worker responsible for the child's affairs shall be informed without delay for the purpose of the decision. (12.2.2010/88)
The child is to be isolated from other children in the institution if, according to his behaviour, he is a danger to himself or others, or where isolation is necessary for the life, health or safety of the child for a particular reason. The isolation shall not be imposed on a wider or longer period than necessary for the care and care of the child. Without a new decision, isolation will not be allowed for more than 24 hours. The isolation must be stopped as soon as it is no longer necessary.
The decision shall be taken by the Director of the institution or by a person belonging to the management and educational staff of the institution designated by him. The isolation must take place under the constant care of the institution's care and education staff. At the same time, when a child is ordered to be isolated, it is necessary to determine who is responsible for the safety of the child. The conditions of the child during isolation shall be arranged in such a way as to ensure that the child receives adequate care and care and to discuss with the nurse.
An isolation can be immediately extended by a new decision only if the conditions for isolation provided for in paragraph 1 still exist. It is also required that it is still not appropriate or possible for the child to be treated in any other way. The maximum total duration of insulation shall not exceed 48 hours.
Prior to the continuation of the isolation decision, a medical examination shall be carried out for the child, unless it is manifestly unnecessary. If necessary, medical examination should also be performed at the onset of isolation or during isolation.
The administrator of an institution or a person belonging to the institution designated by him shall without delay inform the social worker responsible for the child's affairs referred to in Article 13b of the isolation or extension thereof. (12.2.2010/88)
A special concern shall be the special, multi-professional care and care of a child who has completed 12 years of foster care in the care of the child, during which the child's freedom of movement can be exercised and To the extent necessary for their care, as provided for in Articles 72 and 73 below.
A child may be provided during the maintenance period if it is necessary for his or her very important private interests to take special care to break the serious substance or the criminal cycle, or when the child's own behaviour otherwise seriously jeopardised His life, his health, his development. The aim of particular care is to break the child's self-destructive behaviour and to provide comprehensive care for the child. In addition, it is required that, taking into account the need for a child's care and care, it is not possible to arrange for a replacement, and health care services are not suitable for use rather than special care.
The decision to initiate or extend the special provision of care shall be taken by the holder of the office referred to in Article 13 (2) and (3), as the social worker referred to in Article 13b. The decision shall be based on a multi-professional assessment of the situation of the child for special care, based on educational, social, psychological and medical expertise.
Special care may be provided for up to 30 days. The period of time shall be calculated from the actual start of the special care. The decision to organise special care shall lapse, unless the implementation has been possible within 90 days of the adoption of the decision. Special care may be taken, for a very serious reason, for a maximum period of 60 days, provided that it is necessary to organise the replacement of the child on the basis of the criteria mentioned in paragraph 1. Special care must be stopped immediately if it proves to be ineffective in order to achieve its objectives or when there is no longer any need. The termination shall be decided by the social worker responsible for the child's affairs referred to in Article 13b.
Special care may be provided in a child protection institution which is available to provide adequate educational, social, psychological and medical expertise in order to provide special care. The institution must be equipped with suitably qualified professional qualifications and for the organisation of special care in health and other conditions. A child of particular care may be prevented from leaving these premises without authorisation or supervision.
During particular care, the persons with the expertise referred to in paragraph 1 shall regularly meet the child and participate in the planning, implementation and evaluation of the particular care of the child. During the period of special care, the child must also undergo the necessary medical examinations. In particular, it is necessary to keep a record of these and other measures concerning the implementation of particular care and their impact on the child and on her situation and on the organisation of the replacement of the child. If necessary, the content of the statement may be further regulated by a decree of the Ministry of Social Affairs and Health.
The customer plan for the child shall be checked at the end of the special care.
In order to ensure the monitoring and control of the use of the restriction measures referred to in Articles 65 to 70 of the Law, the child protection institution shall be duly recorded in its restrictive measures. The recording shall include a description of the restriction measure, the justification and duration of the measure, the name of the person who decided the measure and the person present and, where appropriate, Article 66 (1) and Article 67 (3) Special cause. In addition, the possible impact of the measure on the management and education plan should be mentioned. The recording shall also indicate the extent to which the child has been consulted prior to the termination or implementation of the restriction measure and the opinion of the child. The contents of the records shall be sent to the social worker responsible for the child referred to in Article 13b, on a monthly basis. Where appropriate, the content of the recording may be regulated in more detail by a decree of the Ministry of Social Affairs and Health. (12.2.2010/88)
In particular, the review of the customer plan for a child shall assess the achievement of the objectives of the restriction measures against the child and their impact on the customer plan. If the need for an immediate review of the customer plan arises, the head of the institution or a person belonging to the institution designated by him shall immediately inform the child referred to in Article 13b. The social worker responsible. (12.2.2010/88)
There will be sufficient discussion with the child on the causes of the restrictions imposed on him and the possible effects on the treatment and education plan and the customer plan.
The institution responsible for social services shall arrange for the child or young person to be managed after the end of the maintenance period referred to in Article 40. Ex-post maintenance shall also be provided after the end of the investment in the field of open maintenance referred to in Article 37, if the investment has lasted at least six months and the child alone.
The detention may also be organised for a young person other than the child protection client referred to in paragraph 1.
The municipality's obligation to organise aftercare shall expire five years after the child has been the last customer for child protection since the exterior of the home referred to in paragraph 1. The obligation to organise aftercare shall end at the latest when the young person reaches the age of 21.
The municipality shall organise aftercare, in accordance with Article 30 (4), based on the needs of the child or the young person, by supporting a child or a young person, as well as his parents and guardians, as well as the person in whose care and education A child or a young person, as provided for in Chapter 7 on support measures for the open maintenance of this law, Article 46 (2) on support for family carers after the transfer of maintenance, Article 54 on relationships and contacts, and this Chapter.
At the end of the maintenance period, the social worker shall, where appropriate, draw up a plan with a young person to record, after the end of the service, the services and support measures available to the young person.
Where insufficient income, poor housing conditions or lack of accommodation are an essential obstacle to the rehabilitation of a child or young person in the post-care area, the municipality shall without delay arrange for adequate financial support and Shortcomings in housing conditions or an apartment in accordance with need.
Where a child or young person has been placed outside the home in accordance with the provisions relating to the maintenance or maintenance of an outpost, as referred to in Article 40, an amount shall be reserved for his independence in the calendar month. Account for at least 40 % of the income, allowances or entitlements referred to in Article 14 of the Law on Clients for Social and Health Care. However, the calculation of the amount shall not be taken into account.
If the child or young person does not have any income, compensation or receivables within the meaning of Article 14 of the Social and Health Insurance Act, or if they are insufficient, the institution responsible for the social service shall support the investment At the end of the period of independence, with the need for independence in expenditure related to housing, education and other forms of independence.
The institution responsible for social services has the right to decide on the date of the payment of the independence funds. The independence funds shall be allocated to the child or to the young person who becomes independent at the end of the detention, or for a special reason relating to the support or protection of the child or of the young person, no later than 21 Years.
The institution responsible for social affairs shall report on the accumulation and payment of the independence funds at the end of the investment and at the request of the guardian, guardian or 15-year-old child, including during the investment.
In the cases referred to in Article 16 (2) of this Law, where the child is placed in the territory of a non-investment municipality, the investor shall declare the necessary child's services and support measures, and For the purposes of carrying out the supervision of the filling station, the institution responsible for the investment of the child and its termination to the institution responsible for the social services of the institution, which shall keep a register of children placed on its territory.
The municipality of origin of the child shall be responsible for ensuring that the child's investment in family or institutional care is effected in accordance with this law and, during the investment, receives the services and support it needs, in accordance with Article 16b. Organisation.
The activities of the establishment are supervised by an investment municipality and a regional management agency. When carrying out controls they shall cooperate with the investor in the first paragraph.
Without prejudice to the obligations of confidentiality, where the municipality of the child has located a place where a child is located in a place of surrogate, defects or deficiencies which may affect the care or care of the children placed, it shall, without prejudice to the obligations of confidentiality, inform without delay 2 To the investment municipality referred to in the article and to any other local authority located in the same place of foster care, as well as any other children in the file.
The Agency shall monitor the activities of child protection institutions, in addition to those provided for in Article 79, on its own initiative, and in particular to monitor the use of restrictions under Chapter 11 of this Act. Child Protective Services. In carrying out the supervision, the Regional Administrative Agency may reserve an opportunity for a child to have a confidential discussion with the representative of the Regional Administrative Agency.
The private service provider, which is constantly engaged in business or professional activities to provide round-the-clock services for child protection, must benefit from the (922/2011) in Article 7 Prior to the commencement, extension and modification of the operation. The application and the granting of authorisation, as well as the supervision of a private unit, are laid down in that law. (22/2011/925)
A child whose non-social security institution has invested in a permanent private home shall be informed without delay to the institution responsible for social care. The notification is required to do both the child's guardian and the person to whom the child is placed. The content of the notification may be laid down by a decree of the Ministry of Social Affairs and Health.
Upon receiving the notification, the institution responsible for social care shall establish whether a private home is suitable for the care and upbringing of a child, whether the person who has taken care of the child is able to take care of the child and whether it is in the best interests of the child. A decision must be taken to approve an investment.
The institution responsible for social services must clarify the rights and obligations of the person who took care of the child and, where appropriate, support the nurse by organising support measures under Chapter 7 to promote the care and education of the child.
The conditions set out in paragraph 2 for the continuation of the investment and the need for support under paragraph 3 shall be monitored. The institution responsible for social affairs shall keep a register of children in the municipality.
If a private home or care and upbringing is found to be inappropriate or inadequate, the institution responsible for social care must try to make a correction. If no correction is made, the institution may prohibit the keeping of the child in this private home. In this case, the institution shall ensure that the care and upbringing of the child is organised according to his interests and needs.
The administrative law and the Supreme Administrative Court, as referred to in this Act, are in force, which is governed by the law on administrative law. (18/06/1996) Unless otherwise provided for in this Act.
Where a matter relating to the custody or parental responsibility of a child is pending before the administrative court or by the Supreme Administrative Court, the Court of Justice may, on its own initiative or on the request of the child, or the parent or guardian of the An interim order on the child's whereabouts and on the way in which the child's care and education is organised in the course of the court proceedings. The order may be issued without hearing the parties if it cannot be delayed.
The provisional provision shall remain valid until:
(1) the administrative court or the Supreme Administrative Court shall issue a decision in the matter of custody;
(2) the administrative court or the Council of State withdraws or amends the provisional order; or
(3) a decision on the urgent deployment of a child referred to in Article 38 shall be taken during the interim order.
In addition to the written preparation of the case, the administrative court may, in addition to the written preparation of the case, arrange for a limited oral procedure provided for in Article 37 (2) of the Administrative Code in order to establish the parties' requirements and their Criteria. In particular, the purpose of the proceedings is to find out where the parties and the authority which made the application or decision are divided and the evidence to substantiate the claims. There shall be no oral evidence or consultation of experts.
The proceedings shall continue, after a limited oral procedure referred to in paragraph 1, in writing, or an oral hearing may be held as provided for in Articles 37 and 38 of the Administrative Code.
A member of the law of administrative law may take the decision of administrative court:
(1) authorising the authorisation of a child within the meaning of Article 28; and
2) on the issue of the provisional provision referred to in Article 83.
(12.2.2010/88)In the case referred to in paragraph 1, the administrative court may also take a decision in the composition of a member of the law of administrative law and a member of the expert, if they are unanimous.
In addition, the formation of the solution provided for in paragraphs 1 or 2 may arrange an oral hearing within the meaning of Article 84 (1).
Otherwise, the quorum of the administrative court shall be governed by the administrative law (1999) .
The child can be heard in person by administrative court or by the Supreme Administrative Court if the child asks for it or agrees to it. In the context of the consultation, the child shall not be given any information that could seriously jeopardise his health or development. A child under the age of 12 years may be heard in person only if it is necessary to settle the matter and does not give the child any significant harm. (12.2.2010/88)
Where the procedure is necessary for the protection of the child or to ensure his or her independent opinion, the court shall, as a matter of priority, carry out the personal consultation of the child in such a way that only one or more members of the court and child are: Present. The interested parties and the authority which made the application or decision shall be given an opportunity to consult and express their views on the content of the hearing. The right of the parties to the information may be restricted if the omission of information is necessary for the protection of the child or for the protection of his other very important interests. (12.2.2010/88)
A child's personal hearing may take place at the hearing or in any other manner considered by the court.
When dealing with the matter referred to in this Act, the administrative court or the Supreme Administrative Court, acting as an agent or adviser to a private party, shall be entitled to act as a lawyer, a public defender or a lawyer who has obtained a licence Of the law (19/2011) The authorised legal aid for the authorisation.
The administrative court or the Supreme Administrative Court may provide the child with an assistant in the court proceedings referred to in this Act, if the child or his or her legal representative so requests, or the court or tribunal considers it necessary otherwise.
Where the administrative court or the Supreme Administrative Court decides to appoint an assistant, even if the child or his/her legal representative has not indicated that it wishes to do so, it shall, where applicable, provide the assistant with the amount of the premium and the compensation to be paid to the assistant, which Legal aid law (257/2002) , irrespective of whether the child has been granted or awarded legal aid within the meaning of the Law on Legal Aid. In this respect, legal aid is provided without compensation.
Child and family child protection matters within the meaning of this Act must be treated as a matter of urgency.
The parent and guardian of the child, as well as the person with whom the child is or is immediately prior to the preparation of the case, shall be free to appeal autonomously on matters relating to:
1. The urgent investment referred to in Article 38 (1);
(2) the continuation of the urgent investment referred to in Article 38a; (30/04/2013)
Paragraph 2 shall apply from 1 January 2016.
L to 1302/2014 The amended paragraph 2 entered into force on 1 April 2015. The previous wording reads:
2) an urgent investment within the meaning of § 38 (3);
(3) the provision of custody and ancillary services within the meaning of Article 43 (1);
(4) alteration of the filling station in custody or in the event of urgent investment within the meaning of Article 43 (3); and
5) the cessation of custody referred to in Article 47.
In the case of an outlet within the meaning of Article 37, the child's guardian and the parent with whom the decision relates may be sought.
In the case of restrictions on the communication referred to in Article 63, the child's guardian and the person whose contacts with the child by decision of the child are restricted shall be sought.
In the case of the restriction measures referred to in Article 65, Article 67 (4), 69, 70 and 72, the child's guardian may apply.
In addition to the provisions of paragraphs 1 to 4 of this Article, a child who has completed 12 years of age shall be allowed to appeal separately for child protection issues relating to him.
In other respects, the right of appeal and the exercise of the right to speak shall be in force as laid down in the administrative law.
The decision of the office-holder of the institution responsible for social services may appeal directly to the administrative court, as provided for in the administrative law, in matters relating to:
1. The urgent investment referred to in Article 38 (1);
(2) the continuation of the urgent investment referred to in Article 38a;
Paragraph 2 shall apply from 1 January 2016.
(3) the provision of custody and ancillary services within the meaning of Article 43 (1);
(4) alteration of the filling station in custody or in the event of an urgent investment within the meaning of Article 43 (3);
(5) the closure of custody within the meaning of Article 47;
6) limitation of the communication referred to in Article 63;
(7) the taking-over of substances and articles referred to in Article 65;
(8) the non-disclosure of the consignment referred to in Article 67 (4);
(9) the restriction of freedom of movement within the meaning of Article 69;
(10) insulation referred to in Article 70; and
(11) special care referred to in Article 72.
Any decision of a person other than that of a person other than that of the institution responsible for social care shall be subject to an appeal against decisions relating to restrictive measures as provided for in paragraph 1. The appeal shall be lodged within 30 days of notification of the decision.
Unless otherwise provided for in this Act, an appeal shall be applied otherwise, as provided for in the Social Welfare Act and the Administrative Loan Act.
In spite of the appeal, the decision on the custody and custody of the child, the cessation of custody, the urgent investment, the limitation of contacts and the restriction measures referred to in Article 89 (4) may be implemented immediately, Where the implementation cannot be implemented without endangering the health or development of the child, the decision shall be immediately enforceable by the authority or court. (12.2.2010/88)
Article 28 (3) provides for the implementation of the authorisation for paediatric investigation.
Where an appeal has been lodged, the appeal authority may prohibit the execution of the decision or order it to be suspended.
The cessation of the custody of the child referred to in Article 43 of this Law, the cessation of custody pursuant to Article 47, the restriction of communication within the meaning of Article 63, the authorisation referred to in Article 28 for examination of the child, as referred to in Article 35, The maintenance of income and housing, Articles 75 and 76, the prohibition referred to in Article 81 (5), and the decision of the Administrative Court relating to the provision of administrative and financial responsibility between the municipalities referred to in Articles 16, 16a and 16b Shall be challenged by the appeal of the Supreme Administrative Court as The Administrative Loan Act. The administrative right of administrative or administrative law referred to in Articles 16, 16a and 16b of this Act shall be subject to appeal to the Supreme Administrative Court, if the administrative right of appeal is granted by the Council of State. (12.2.2010/88)
The application or decision of the issuing authority shall be entitled to appeal against the decision of the administrative court in the cases referred to in paragraph 1 to the Supreme Administrative Court.
The decision on the protection of children and families other than children and families referred to in paragraph 1 shall not be subject to appeal.
However, the decision taken by the Administrative Court during the course of the proceedings to prohibit or suspend the enforcement of an appeal decision shall not be subject to appeal to the Supreme Administrative Court.
The provisional order provided for in Article 83 of the Administrative Court shall not be subject to a separate appeal.
More detailed provisions on the implementation of this law may be adopted by a Council regulation.
This Act shall enter into force on 1 January 2008. Before the law enters into force, measures may be taken to implement it.
This law repeals the Child Protection Act of 5 August 1983. (683/1983) With its subsequent modifications.
If other legislation refers to the 1983 Child Protection Act, this law must be applied instead.
The maximum number of children covered by the child protection institution referred to in Article 59 (1) of this Act and the minimum number of persons employed by the child protection institution referred to in paragraph 2 of the same Article shall apply to all Child protection institutions no later than three years after the entry into force of the law. (12.2.2010/88)
This law shall not apply to the complaint or to the submission of a decision taken before the entry into force of this Act, and not to the handling of such a case in the above appeal authority.
THEY 252/2006 , StVM 59/2006, EV 309/2006This Act shall enter into force on 1 January 2008.
THEY 151/2007 , StVM 22/2007, EV 93/2007
The entry into force of this Act is laid down by a Council regulation.
THEY 218/2008 , LaVM 7/2009, EV 63/2009
This Act shall enter into force on 1 January 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 161/2009 , HVM 18/2009, EV 205/2009
This Act shall enter into force on 1 March 2010.
On the basis of the decision referred to in Article 13a, Articles 16a to 16c and 18 and the law on social and health care charges shall apply. (18/04/1992) Until 1 January 2011.
This law shall not apply to:
(1) a complaint lodged before the entry into force of this Act;
(2) an application for an application which is pending before the entry into force of this Act; and
(3) handling the cases referred to in paragraphs 1 and 2 as a result of a complaint in the upper appeal authority.
Before the law enters into force, measures may be taken to implement the law.
THEY 225/2009 , StVM 49/2009, EV 221/2009
This Act shall enter into force on 1 January 2011.
Article 16b shall apply from 1 May 2011.
Before the law enters into force, measures may be taken to implement the law.
THEY 137/2010 , StVM 37/2010, EV 231/2010
This Act shall enter into force on 1 September 2011.
Before the law enters into force, action can be taken to enforce the law.
THEY 185/2010 , HVM 26/2010, EV 239/2010
This Regulation shall enter into force on 1 March 2011.
This Act shall enter into force on 1 January 2012.
Before the law enters into force, action can be taken to enforce the law.
THEY 331/2010 , StVM 55/2010, EV 344/2010
This Act shall enter into force on 1 January 2012.
THEY 282/2010 , LaVM 43/2010 EV 364/2010
This Act shall enter into force on 1 January 2013.
Upon the entry into force of this Act, the provisions in force at the time of entry into force of the Act shall apply.
In addition to the provisions laid down in paragraph 2, in accordance with the provisions in force at the time of entry into force of this Act, a person eligible to act as agent and assistant shall be eligible to act as agent and assistant for one year from the date of entry into force of this Act. Moreover, in accordance with the provisions in force at the time of entry into force of this Act, a qualified person seeking authorisation within the meaning of the Law of 3 months prior to the date of application of the Law on Legal Aid And whose application has not been legally settled within one year of the date of entry into force of that law, shall be eligible to act as agent and assistant until his application is made Legally solved.
THEY 318/2010 , LaVM 40/2010, EV 337/2010
This Act shall enter into force on 1 September 2011.
THEY 266/2010 , HVM 38/2010, EV 357/2010
This Act shall enter into force on 1 October 2011.
THEY 302/2010 , StVM 56/2010, EV 342/2010
This Act shall enter into force on 1 January 2013.
THEY 159/2012 , StVM 26/2012, EV 160/2012
This Act shall enter into force on 1 January 2014. The data referred to in Article 27a (1) shall be collected only once in 2014.
THEY 61/2013 , StVM 6/2013, EV 83/2013
This Act shall enter into force on 1 January 2014.
THEY 130/2013 , StVM 11/2013, EV 106/2013
This Act shall enter into force on 1 August 2014.
THEY 67/2013 , SiVM 14/2013, EV 218/2013
This Act shall enter into force on 1 April 2015, however, that Articles 38 and 38a, Article 39a (2), Article 89 (1) (2) and Article 90 (1) (2) shall not apply until 1 January 2016.
A complaint lodged before the date of entry into force of this Act and the complaint lodged with a higher appeal authority shall apply to the provisions in force at the time of entry into force of this Act.
THEY 164/2014 , StVM 27/2014, EV 195/2014
This Act shall enter into force on 1 April 2015.
THEY 256/2014 , StVM 48/2014, EV 313/2014