Amended Child Protection Act

Original Language Title: Grozījumi Bērnu tiesību aizsardzības likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/118.1


The Saeima has adopted and the President promulgated the following laws: law on protection of the rights of the child in the Child Protection Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1998, no. 15; 2000, no. 8, 12; 2001, 24 No; 2002; 2003, 23, the No. 6., no. 12; 2004, nr. 12; 2005; 2006, 8. No, No 22; 2007, nr. 9, No 15; 2008; 2009, 14, no. 23; Latvian journal, 2009, 193. no; 2010, no. 47, 205; 2011, 112, 132. No.) the amendments are as follows: 1. Article 1: to replace in paragraph 2, the words "deprived of care or" with the words "suspended or revoked"; Add to article 9.1 of the following paragraph: ' 91)-all types of violence, physical or emotional cruelty, sexual abuse, neglect or other behavior that endangers or may endanger the child's health, life, development or dignity; " make the following paragraph 11: "11) physical violence — the child's health or life threatening the use of force in a conscious contact with a child or children of the deliberate exposure to harmful factors, including tobacco smoke;"; Add to paragraph 12 a humiliate him after "the" with the words "in the presence of the child violently treat his loved ones"; supplement article 17 the following: "17) childcare services — skilled monitoring and care, which aims to ensure the child's being in the presence of the adult and a safe, meaningful and useful for the day, the Organization of the child, promoting the comprehensive development of the child." 2. To supplement the law with article 5.1 and 5.2 as follows: "article 5.1. Entities that require expertise in child protection laws (1) expertise in child protection laws are necessary: 1) of ārpusģimen care facilities Manager, a social worker and social rehabilitētāj; 2 the President of the family courts, family courts) Vice-President and a member of the family courts; 3) educational supervisor and Deputy Head of educational activity; 4) quality public service professionals; 5) youth specialist; 6) prison employee who works with minors; 7) to the head of the Administrative Commission or municipal Administrative Commission's children, the head of the Subcommittee; 8) municipal pedagogical Medical Commission leader; 9) municipal police officers, who work with children and families; 10) social services social worker who works with children and families; 11) the Prosecutor; 12) social educators and psychologists who work with children; 13) social services supervisor; 14) judge; 15) national child protection officer; 16) state pedagogical Medical Commission leader; 17) State police officer working with children; 18) general education, vocational training and education, the teaching of interest; 19) State probation officer; 20) to any other person, if they accepted the decision by the Administration (particularly administrative), the actual action or other type of work or service responsibilities are or may be affected by the child's rights and legitimate interests. (2) the order in which this expertise of child protection laws, as well as the knowledge content and amount of which shall be determined by the Cabinet of Ministers. 5.2 article. Psychologist's opinion matters associated with the protection of the rights of the child (1) psychological opinion on psychological research findings, family courts, the Court of Justice and the police to the Prosecutor's Office in matters related to the protection of the rights of the child, is entitled to give the person who gained at least a master's degree in psychology and a professional activity the child and family research at least five years. (2) the opinion of the psychologist shall specify: 1) the organ which requested the opinion; 2 psychological research objectives); 3) psychological research time and place; 4) basic information about the child who is or may be required to provide an opinion; 5) psychological research methods used; 6) observations during research, client motivation and research constraints; 7) psychological research and analysis; 8) reasoned conclusions and recommendations; 9) privacy information; 10) psychologist's name, degree, diploma, University, number in which the diploma obtained date of opinion. " 3. Make the text in article 20 the following: "(1) submissions and complaints related to the protection of the rights of the child, the matter immediately. (2) a child is given the opportunity to be heard in any proceedings relating to him or administrative procedures, either directly or through his legal representative or the body. (3) in matters relating to the child's rights or interests, also criminal, where the accused is a minor, the Court's consideration. " 4. Replace article 24 in the sixth paragraph, the words "parental responsibility to" with the words "parents or the person in whose care the child is released, there is an obligation". 5. Article 27: adding to the third paragraph with the sentence the following wording: "the child primary is able to grow at the guardian or audžuģimen."; Add to article 3.1 part as follows: "(31) Ārpusģimen care child care institution provides, if the care at the guardian or audžuģimen is not suitable for a particular child. Child care institution located in the child until he is provided appropriate care at the guardian or audžuģimen. "; replace the words "in part 4.3 care disqualification" with the words "stop" under the aegis of the law. 6. Express article 28, first subparagraph as follows: "(1) the right of Custody stops or robbed under the civil code and the family courts law." 7. Article 29: turn off the title, the word "ārpusģimen"; make the first part as follows: "(1) the municipal social service in cooperation with the family courts provide child care at ārpusģimen care provider at the request of the parents, if they are unable, for health care for the children."; replace the third paragraph, the words "child care ārpusģimen child care institution" with the words "child care services provider at ārpusģimen". 8. Make the text of article 30, the following: "(1) the parents have the obligation to pay for the services of ārpusģimen. Payment order and shall be determined by the Cabinet of Ministers. If the child's ārpusģimen of care services are provided by the appointment of a guardian to him, pay for them are provided in accordance with this law, article 35 of the third. (2) the fact that the parents cannot pay for child care, not ārpusģimen may be ārpusģimen on the basis not of services. The fee for the services of ārpusģimen in these cases are covered from the State budget or local government and then recovered from the parents of the administrative procedure law, on the basis of the authority of an executory order. (3) the payment for child care services for children ārpusģimen parent is released, if: 1) a child born of a mother against the crime of dzimumneaizskaramīb or the mother of the child, recognized as a victim in criminal proceedings initiated in connection with this crime, and child care ārpusģimen passed immediately after birth; 2 parents of the child is located) long-term social care and social rehabilitation institutions; the child's parent has 3) limited capacity and guardianship for mental or other health disorders; 4) child care is provided in article 29 of this law the cases; 5) municipal social service has provided a reasoned opinion of the parent's involvement in their problem solving; 6) parent child given up for adoption of the written consent. (4) the child's parents are obliged to provide for the child's maintenance or pay for child care services, even if both parents or one of them to the judgment of the Court of Justice under the auspices of the deprived of rights. This obligation shall not be performed when the child is placed in adoptive care. (5) the child and family benefits ārpusģimen's care during the parents not being paid. " 9. Article 33: replace the first part of the word "meet" with the words "to maintain personal relations and direct contacts" and the word "appointment" — with the word "it"; replace the second and third paragraph, the words "the prohibition to meet" with the words "personal relations and direct contacts the restriction"; replace the fourth subparagraph, the words "deprived of care or" with the words "suspended or revoked". 10. Add to article 35 of the third, fourth and fifth paragraph as follows: "(3) If the ārpusģimen care services are provided by the appointment of guardian for the child, the parents have the obligation to pay maintenance to the child a guardian to the extent necessary, but no less, as laid down in the legislation on the minimum level of maintenance for the child. (4) if the parents do not pay the alimony, the guardian has a duty to ensure that the child receives maintenance from their parents. To this end, the guardian has the right to go to court. (5) if the Court ruling on maintenance enforcement of civil law has been declared, or if the parents Court ruling on maintenance is performed in an amount that is less than the specified regulations on the minimum level of maintenance for the child, the guardian should contact the maintenance guarantee fund administration. " 11. Article 40: to supplement the first subparagraph following the words ' social adjustments in educational institutions for the driver "with the words" social rehabilitation institutions Manager "; Add to the second paragraph after the words "social adjustment of educational leader" with the words "social rehabilitation institutions driver". 12. Replace the third subparagraph of article 42, the words ' care or "with the words" stop or deprived ". 13. Replace article 44, first paragraph, the words "create conditions for the recovery of child care" with the words "facilitate the return of the child". 14. in article 28.1: Supplement to article 2.1 part as follows: "(21) For a room must not be a person: 1) which convicted for an intentional criminal offence connected with violence, or the violence of piedraudējum — regardless of the deletion or removal of the conviction; 2) which punished criminal offences against morals and dzimumneaizskaramīb, apart from deleting or removing the criminal record; 3) repealed the duties of guardian disordered their execution; 4) which deprived audžuģimen or host families status because the person has not complied with the obligations under the child's interests; 5) that a judgement has been deprived of his custody rights; 6) which the Court has applied the criminal law in certain medical coercive measures on the State of insanity do criminal offences provided for in the criminal law. " make the third paragraph as follows: "(3) the family courts, which adopted a decision on the designation of the host families, not less than annually assess the fitness of the host families host families status in accordance with the second paragraph of article 1 and 2 of the assessment criteria set out in, and make sure the room is well below can perform host families."; Add to article 3.1 part as follows: "(31) family courts shall decide on the termination of the status of the host families, if a room refuses from host families, or the duties of host families, on the status of the withdrawal if family courts finds that the room does not meet host families obligations under the child's best interests." 15. Supplement article 28.2 of the third subparagraph of paragraph 1, the words "after the number and 45.3 the second" with name and number "and 2.1". 16. the express article 48 of the first and the second part as follows: "(1) a child may not be smoking and use of alcoholic beverages. The child is protected from smoking and alcoholic beverages. The child must not be affected by tobacco smoke, and the presence of the child not to smoke, to ensure children from smoke free environment. (2) the Child must produce negative attitude toward smoking and alcoholic drinks. Children are prohibited from working in jobs that are directly related to the manufacture of tobacco products, testing, storage, use, as well as marketing or advertising. Children are prohibited from working in jobs that are directly related to the production of alcoholic beverages, try, storage, use, as well as trade or advertising, except when the child in accordance with the vocational training programme is the practical part of the training curriculum in practice, which is carried out in the presence of a supervisor and which is provided with employment protection laws related to compliance. " 17. Make the text of this article 50.3: "(1) where a parent or person in whose care the child is released, can not ensure that children up to the age of seven in their absence in the presence of trusted people, they have the obligation to ensure the child's supervision at the childcare provider in the residence of the child or another child for monitoring location, or at the childcare provider that implements the preschool education program or the interests of the child education program. (2) in article 72 of this law certain limitations also apply to the childcare provider (it staff). (3) the childcare provider service location provides the appropriate environment for children who do not pose a threat to his safety, life, health, morals, and comprehensive development, as well as the child's legal representative the opportunity to familiarize yourself with the documentation showing 72 of this law in the third subparagraph of article requirements. (4) the childcare provider is a registered childcare provider registry. Requirements for childcare providers, the registration rules, the childcare provider registry and registry administrator information is determined by the Cabinet of Ministers. " 18. in article 58: to supplement the first subparagraph following the words "State police" with the words "the national probation service, if the child is probation client"; replace the second paragraph, the words "the behavior of the social adjustment and social assistance programmes" with the words "behavioral social adjustment program"; replace the third paragraph, the words "social adjustment and social assistance programmes" with the words "behavioral social adjustment program." 19. Article 59: Add to the first part of paragraph 5, after the word "audžuģimen" with the words "child care authorities driver" and replace the word "surveillance" — with the word "presence"; to complement the second paragraph after the word "the" with the words "family courts and social services"; replace the third paragraph, the words "to yourself and" by "or"; to make the fourth and fifth by the following: "(4) explanations of the police delivered to the child in the context of this article referred to in the first subparagraph may require a police officer, which is the law in the first part of article 5.1 specific expertise on the rights of the child, participating parents, guardian, family courts (if the child is put in audžuģimen) or child care institutions delegate or his authorised person (hereinafter parent). If the parent participation is contrary to the best interests of the child, require an explanation of the parents refuses to participate or is not reachable, the police officer ask another person to whom the child trusts, or psychologists. (5) If the police have delivered a baby with special needs, ensuring the conditions for his special needs, as well as, if necessary, the pieaicinām specialist medical and other assistance to the child. "; to supplement the article with the sixth part as follows: "(6) the cabinet shall determine the order in which the police will establish whether the child has special needs, and call on the competent authorities, as well as the order in which the police provide conditions the special needs child." 20. Article 60: replace the first paragraph, the words "or alternate child care authorities representative" with the words "the guardian, audžuģimen, child care authorities or their authorized representative person"; make the second paragraph as follows: "(2) if the four hours it is not possible to ascertain the child's personality and put parents, audžuģimen, guardian, child care institution, where he left her, or if the authorized person and the child as a security measure does not apply, the police detained him, the audžuģimen crisis centre or a child care institution, but if this is not possible, and no later than the next working day shall notify it to the family courts and the municipal social service." 21. Turn off paragraph 3 of article 61. 22. Turn off article 64 (4). 23. To supplement the law with article 65.4 as follows: "article 65.4. Child Protection Commission's child protection Commission (hereinafter the Commission) is a collegiate advisory body that aims to promote, is implemented in Latvia to the United Nations on 20 November 1989 on the Convention on the rights of the child and comply with the United Nations Committee on the rights of the child in the recommendations to the Government of Latvia, related to this Convention. The Commission shall establish its composition and operating rules approved by the Minister of welfare. " 24. Replace the words "in article 67.1 deprived of care or" with the words "suspended or revoked". 25. To supplement the law with article 67.2 as follows: "article 67.2. The minor support information system (1) minors support information system is a national information system "in the Interior of the integrated information system" component, which includes the protection of the rights of the child the necessary information, the integration of national and local government bodies, as well as medical personal information about minors who need aid, and when preventative measures to be taken for the protection of the rights of the child. (2) the minor support information system aims to promote children's rights and interests by providing necessary information and promoting inter-institutional cooperation in such matters: 1) the minor's rights and interests; 2) the minor's rights and interests ensuring monitoring; 3) preventive work; 4) social assistance and social services; 5) and other criminal offences, the prevention of juvenile delinquency, and discovery; 6) minor search; 7) administrative penalties, criminal penalties, security measures and educative nature of the enforcement of coercive measures; 8) implementation and evaluation reconciliation reports for probation. (3) the right to handle the minor support information system the information, including personal data, you have the following institutions and persons of functioning regulatory framework the statutory functions: 1) the national police; 2) family courts; 3) municipal police; 4) municipal social service; 5 the national probation service); 6) prison administration; 7) social adjustment training institution; 8) the Ombudsman; 9) Ministry of Welfare; 10) treatment; 11) National Agency for social inclusion; 12) State child protection authorities; 13) National Guard; 14) citizenship and Immigration Headquarters; 15) State social insurance agency; 16) other State and local authorities that regulatory legislation stipulates that this authority is related to the protection of the rights of the child, or criminal sanctions or administrative execution of non-pilngadīgaj persons. (4) the minor support information in the system may include a child representative information about his interests and habits, lifestyle and living environment. representative information on children deemed information not obtained administrative filing or criminal proceedings and not received by the information system linking means. (5) the minor support information system contains information that describes the children be issued only to those public authorities that regulatory legislation stipulates that this authority is related to the protection of the rights of the child, or criminal or administrative penalties pilngadīgaj to discharge persons. (6) the minor support information in the system information, other than information that describes the child, keep up to date when a person has reached the age of 24, even if the person is dead before the age. Child information characterize the minor support information system stores until a person reached the age of majority, or up to the date of death if the child died before adulthood. (7) the cabinet shall determine the procedures and the extent to which information was submitted to the minor support information system and the receiving system, as well as the information included in the processing of order. " 26. the transitional provisions be supplemented with 20, 21, 22, 23, 24 and 25 as follows: "Cabinet of Ministers to 20, 2013 September 1, issued by this law, the seventh subparagraph of article 67.2 of the provisions laid down. To that Cabinet's date of entry into force of the provisions applicable to the Cabinet of Ministers may 22, 2012 rules No 348 ' minors support information system ", in so far as they do not conflict with this Act. 21. The Cabinet of Ministers to 31 December 2013 shall issue rules about the order in which the police will establish whether the child has special needs, and call on the competent authorities, as well as the order in which the police provided the special conditions for children's needs. 22. the amended law article 50.3 in the fourth paragraph that the Cabinet of Ministers shall lay down the requirements for the childcare provider (its employees), shall enter into force on 1 September 2013. 23. The Cabinet of Ministers until 31 March 2014 manages this law article 30 in the first paragraph of the terms. To article 30 of this law provided for in the first subparagraph the Cabinet from the date of entry into force of the provisions applicable to Cabinet 22 December 2009 rules no 1536 "rules on the payment of services of ārpusģimen and about", in so far as they do not conflict with this Act. 24. A child whose parents with family courts decision until 2012 31 December is deprived of rights, from 1 January 2013 shall until such time as the family courts will decide on custody rights restoration, or bringing to the Court, under the aegis of the disqualification is without parental care remained a child. 25. This law, article 5.1 of the person referred to in the first subparagraph which is not developed expertise in child protection laws, they learn not later than January 1, 2015. " The Parliament adopted the law of 30 may 2013. The President a. Smith in 2013 on June 20.