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Amended Child Protection Act

Original Language Title: Grozījumi Bērnu tiesību aizsardzības likumā

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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 (the Saeima of the Republic of Latvia and three cabinet the rapporteur, 1998, no. 15; 2000, no. 8, 12; 2001, 24 No; 2002; 2003, 23, the No. 12. No; 2004, nr. 12) the following amendments: 1. Express article 1 by the following: "article 1. The terms used in the law, the law is applied in the following terms: 1) orphan-child whose parents are dead or in the procedure prescribed by law for the dead;
2) without parental care left child-child whose parents are unknown, are gone or illness are unable to enforce custody or that parents deprived of care or custody rights;
3) audžuģimen — family or a person who provides care to a child who temporarily or permanently deprived of his family environment or whose interest is not allowed to stay in his family until the child can return to his family or, if that is not possible, is adopted, he founded the custody or child placed in the care of the child;
4) support the family — the family that the child care provides support to other family, based on the municipal social service assessment of the necessity of the aid;
5) trust the person — a person who can provide support for children who have trouble learning or interacting with peers or need other support;
6) shelter, living in current valid state heated living space (dwelling) corresponds to the rules of construction and sanitary requirements;
7) ārpusģimen care — care that orphaned and without parental care children are left at the guardian, audžuģimen, child care institution;
8) child care authority the authority is provided in the social care and social rehabilitation of orphaned or without parental care for orphaned children, as well as children who need social rehabilitation or special care for health reasons;
9) shelter, child care institution, which temporarily gives the child care ārpusģimen;
10) sexual violence — one of the children will go reeling in sexual activities that a child does not understand or who cannot give informed consent;
11) physical violence — the child's health or life threatening the use of force in a conscious contact with the child;
emotional abuse-12) child's self-esteem or psychological harassment harassment (threatening him, cursed him, humiliated him or otherwise harming his emotional development);
13) — child of parents negligence and duty of care failure;
street children — 14) children who have insufficient ties to family and most of the time spent on the street or other child development without appropriate conditions. "
2. Replace article 3, first paragraph, the words "in accordance with the law of the majority there earlier, that is, persons who declared" with the words "in accordance with the law which declared".
3. in article 5, first paragraph: make point 2 as follows: "2) education, culture, health care and child care authorities;"
supplemented with paragraph 5 by the following: "5) employers."
4. To make article 6 the second subparagraph by the following: "(2) all activities relating to children, whether taken by public or local government bodies, public organizations or other natural and legal persons, as well as judicial and other law enforcement authorities, the priority is to ensure the child's rights and interests."
5. in article 12: Add to the third paragraph after the words "the same Government social assistance" with the words "and social services";
in the fourth paragraph, replace the words "the necessary material life conditions" with the words "Cabinet" in certain social guarantees.
6. To express the name of article 19 and the first paragraph by the following: ' article 19. Information on the rights of the child and obligations (1) the educational institutions implement General education programs, enables every child to acquire a basic knowledge of the child's rights and responsibilities. "
7. Express article 20, the first paragraph by the following: "(1) the State shall ensure that in matters relating to the protection of the rights of the child, in all State and local government bodies in the consideration of specialists who have special knowledge in this field. The order in which this special knowledge of child protection laws, and this knowledge content is determined by the Cabinet of Ministers. "
8. Supplement article 24 with the sixth part as follows: "(6) is the responsibility of the Parents not to leave children up to the age of seven, without a policy person, not guš or later for 13 years."
9. Supplement article 25, first paragraph, point 1, after the word "development" with the words "and protect their health and life".
10. To supplement article 26, second paragraph with the sentence as follows: "support the family or person of trust, based on tripartite agreements concluded between the support family or trustee, municipal social services and family that needs support, provide support for the child or family."
11. Article 27: adding to the second part of the sentence the following wording: "eviction of the family living quarters may not be a reason for the separation of the child from the parents."
replace the fifth paragraph, the words "social assistance" with the words "social service";
Supplement fifth with new first sentence as follows: "the family courts (pagastties) after adoption of the decision on the separation of the child from the family, immediately notify the municipality or municipal social services delegated person."
12. Express article 29 the following: ' article 29. Child care ārpusģimen parents request (1) the family courts (pagastties), in cooperation with municipal social services provides child care at ārpusģimen at the request of the parents, if they are due to the treatment could not care for the children.
(2) a newborn baby's mother's request, if she has no means of subsistence or shelter, the mother bear's child care institution together with the child while she was breastfeeding.
(3) the municipal social service at the request of parents provides family the necessary social assistance or social services, or, if necessary, the child's ārpusģimen care child care institution where the child's State of health can their parents don't care. "
13. Express article 30 the first part as follows: "(1) the parents have the obligation to pay for the services of ārpusģimen. The Cabinet of Ministers determines the care of ārpusģimen and pay. "
14. Article 33: to complement the second paragraph after the words "his position" with the words "or to take a decision on the prohibition of the meeting";
in the fourth paragraph, replace the words "provided a written consent" with the words "adopted a decision" about it.
15. Article 35: Supplement to the second part of the article as follows: "(2) the municipality within its budget supports the training of guardians. Guardian training program approved by the sample of children and Family Affairs Minister. "
believe the current text of the first part of the article.
16. Add to article 36, the second part with the following text: "Audžuģimen has the right to children's consumption. These resources must not be less than the amount by which, on the basis of article 179 of the civil code, the fifth part, determined by the Cabinet of Ministers. "
17. in article 37: turn off the title and in the text, the word "General" (the number and fold);
turn off the first part;
to express the third, fourth and fifth paragraph as follows: "(3) a child care institution and without parental care the child remained a child placed with the family courts (pagastties) decision, but article 29 of this law the third case referred laws within the social services and social assistance.
(4) child care institution having the care of children temporarily (up to three months) after the family courts (pagastties), the decision of the Chairman alone following a police decree or local social service. If the child care institution having the care of children temporarily after the police order, the head of the authority, no later than the next working day shall inform the family courts of the place of residence of the parents (pagastties) and the municipal social services.
(5) childcare institution may not refuse to accept children in temporary care, if for help turning him or his admission requires a person who found that children left without care. The admission of the child to the child care institution its Director not later than the next working day shall inform parents of the place of residence of the family courts (pagastties) and the municipal social service. ";
turn off the sixth;
Supplement to the eighth article as follows: "(8) child care authority may establish separate apartment type rooms orphans and without parental care of orphaned children who have reached the age of 15."
18. Article 38: make the title and first paragraph as follows: "article 38. Social adjustment and prevention of education authorities

(1) the social adjustment of educational institutions that have placed children with social behavioural deviations and, if necessary, applies a healing nature of forced features. Child male social adjustment institution, if his behaviour in social adjustment, staying in his residence, was unsuccessful or he committed a criminal offence before reaching the age of 14. ";
to supplement the article with the third part as follows: "(3) Prevention Authority Police temporarily (no more than five days), place the child in article 60 of this law the cases."
19. Supplement article 39 with the third and fourth subparagraph by the following: "(3) the child care agency shall inform the child about his rights and obligations in the care of the ārpusģimen.
(4) children placed in child care institution must comply with the internal rules of the authority, should be treated gently against the authorities and material values inventory. "
20. Article 40: make the first paragraph by the following: "(1) If child care institutions, social adjustment to the driver's education institutions, guardian or audžuģimen has a reasonable suspicion that a child is alcohol, narcotic, psychotropic or toxic substances or devices required for use, as well as articles and substances that may endanger the child's own or other people's life or health, children may crawl.";
to complement the second paragraph after the word "narcotic drugs" with the word "justice".
21. Supplement article 41 paragraph 1 first subparagraph after the word "narcotic drugs" with the word "justice".
22. Article 42: replace the first paragraph, the words "where the child must complete an educational institution or course of treatment" by the words "to the end of the school year if the child continues learning";
make the second paragraph as follows: "(2) in the first subparagraph of this article, in the cases specified in the six months before leaving the institution in writing at the head of the child provides information about statutory guarantees, including the right to housing."
23. Replace article 43 first paragraph, the words "provide another statutory social assistance" with the words "in accordance with the requirements of the Cabinet three social guarantees provided other assistance".
24. the express article 45 name, first, second and third subparagraph by the following: ' article 45. Other family child care monitoring inserted (1) Insert the child in another family for more than three months, the parents or guardian shall immediately notify the family residence for the family courts (pagastties).
(2) the receipt of that information, the family courts (pagastties) assessed whether this family child will be well cared for and that the person responsible for the care of child care is able to, and insert or interests of the child. Evaluation of the family family courts (pagastties) informs in writing the municipal social services.
(3) If it is recognized that children in this family are not properly cared for, the family courts (pagastties), in cooperation with municipal social services ensure the child's return to parental care. If the child's return to his parents is not possible, the parents of the place of residence of the family courts (pagastties), in cooperation with the social services of the Government will decide on the future of the ārpusģimen of the child care. "
25. Article 48: to supplement the first part with a new first sentence by the following: "children should not smoke and use spirits.";
to make the third and fourth subparagraph by the following: "(3) in accordance with the law of the movement of alcoholic beverages and the law" on the marketing of tobacco products, restrict advertising and use of "the child may not sell liquor and tobacco products.
(4) on the involvement of children in the use of alcoholic beverages or smoking the perpetrators called to statutory liability. On the involvement of children in the use of alcoholic beverages or smoking also considered alcoholic beverages or tobacco products at the disposal of children passing. "
26. Article 49: make the name of the article as follows: "article 49. The protection of the child from drugs, psychotropic, toxic or other intoxicating substances;
to supplement the first part with a new first sentence by the following: "the child may not use narcotic drugs, psychotropic, toxic or other intoxicating substances.";
Add to the first paragraph, after the word "drugs" with the word "psychotropic";
make the second paragraph as follows: "(2) For the illicit manufacture of narcotic drugs, psychotropic, toxic or other intoxicating substances, transfer or disposal of the child in creating the conditions that these substances become freely available, the child of the child's incitement to use drugs, psychotropic, toxic or other intoxicating substances, following the child's involvement in substance use or distribution of the perpetrators called to criminal liability.";
Supplement third after "psycho tropic" with the word "toxic".
27. Express article 50 as follows: "article 50. Kids and games film, media (1) prohibits the child play, sell, selling, lease and bestow toys and videos, computer games, newspapers, magazines and other publications that the propaganda cruel behavior, violence, eroticism, pornography, which pose a threat to the child's mental development.
(2) a child may not be available in the materials that the propaganda cruel behavior, violence, eroticism, pornography and which pose a threat to the child's mental development, regardless of their form of expression, transmission device, and location.
(3) to protect the rights of the child, restrictions on radio and television programs determined by the radio and television law.
(4) the child will be prohibited in places where produced or demonstrates the erotic and pornographic materials.
(5) it is prohibited to involve Children in erotic and pornographic material in the manufacture, distribution and playback.
(6) the erotic and pornographic material import, manufacture, distribution, public play and advertising restrictions determined by the Cabinet of Ministers.
(7) a child who has not reached the age of 16 is prohibited during training without the educational institutions administration permission in writing and during the night to be in the halls, internet datorsalono, internet cafes and other similar places, for a fee, provides internet and computer services. The specific time is determined by the local government.
(8) in accordance with the law on lotteries and gambling "the child may not be available in the game room, and a child may not participate in the games.
(9) computer games distribution terms are determined by the Cabinet of Ministers.
(10) the prohibition referred to in this article and limit violation perpetrators called to legal responsibility. "
28. the express 54. the second and third subparagraphs by the following: "(2) the State and local governments can help the child with special needs into society and provide them education, health care and social services in accordance with laws and regulations.
(3) a child with special needs, whose care the family cannot ensure law order valid full national or municipal care. "
29. Add to article 57 of the second part of the text by the following: "every child has the right to apply to the application of children's rights protection institutions. This list is not cenzējam. The head of the institution shall ensure that the application will immediately be sent to the recipient. "
30. Replace article 59, first paragraph, point 5, the number "15" with the number "16".
31. Article 60: replace the first part of the numbers and the word "3-6" with the words "first part";
make the second paragraph as follows: "(2) If, within three hours, it is not possible to ascertain the child's personality and put parents, their alternates or child care institution, where he left her, police: 1) this law, article 59, first paragraph, point 1 in that case, if the baby as a security measure does not apply to custody, and this law, article 59, first paragraph 2., 3., 4. and 5. in the cases referred to in point place the prevention of children and no later than the next working day shall notify it to the family courts (pagastties), and the municipal social the service;
2) this law article 59, first paragraph, points 6 and 7 of these cases the child placed in one of the child care institutions or audžuģimen and not later than the next working day shall notify it to the family courts (pagastties), and the municipal social service. ";
to make the fourth subparagraph by the following: "(4) If the police delivered the child needs medical attention, the police organizes the arrival of the child medical institution and make sure that the child is admitted or provides outpatient medical assistance."
32. Supplement article 61 paragraph 5 with the following: "5) approved the programme of crime prevention and child protection of the child against crime."
33. the express article 63 (4) as follows: "4) provides health education content of compulsory general education programmes;".
34. the express article 64 (1) of the following:

"1) in collaboration with the children and Family Affairs Ministry and other authorities shall ensure that the programme is being developed in a three-year period of crime prevention in the child and the child's protection against crime, and to coordinate the implementation of this programme;".
35. Article 65 of the expression by the following: ' article 65. Child and Family Affairs and the Minister of children and Family Affairs Ministry's jurisdiction (1) the child and Family Affairs Minister: 1) approves the annual national programme for child and family advancement and national youth policy programme;
2) coordinated by the national and local government bodies within their competence the cooperation in child protection and family law matters;
3) provides the protection of the rights of the child in the process of quality assessment, analysis and preparation of proposals for the necessary amendments to legislation;
4) provides an annual report on the situation of children in the country and submit it to the Parliament and Cabinet.
5) is responsible for Government-approved Pro gramm;
6) without special authorisation led negotiations for the conclusion of international treaties and the text of it;
7) run by the Cabinet of Ministers established the Commission on the protection of the rights of the child.
(2) children and Family Affairs Ministry: 1) in collaboration with the Ministry of education and science, Ministry of Interior, Ministry of Justice, the Ministry of culture, the Ministry of health and Welfare ministries, other national and local government bodies and non-governmental organizations in developing a long-term national policy projects on the rights of the child;
2) participates in social services and social assistance policy development project in child and family law;
3) participates in the orphanage and without parental care of children left behind in alternative care policy development project;
4) organises and coordinates the monitoring of compliance with the laws and the rights of the child in the field of the protection and development of the proposals for amendments to the regulations to ensure the protection of the rights of the child;
5) monitors and methodically driven child care institutions of ārpusģimen work on the rights of the child;
6) monitors and runs the family courts (pagastties) work (except functions, defined in the law "about a fosters and pagastties" in chapters VII and VIII);
7) provides methodical assistance to child protection experts in municipalities;
8) prepare for submission to the United Nations Committee on the rights of the child report on the situation of children in Latvia and the measures taken to ensure the rights of the child;
9) inform the public of the rights of the child adopted in the field of the protection of the law and regulatory provisions, as well as on the principles of law between the folksy in this area. "
36. To make the third paragraph of article 65.1 as follows: "(3) on the basis of the results of the inspection, the inspector shall make recommendations for the prevention of irregularities and, if necessary, within its competence, shall draw up a protocol of administrative violation, impose administrative penalties or propose to the relevant institution of the guilty officials called to disciplinary or other statutory responsibility."
37. To supplement the law with article 65.2 as follows: "article 65.2. National Human Rights Office's competence in the national human rights office: 1) shall inform the public on the rights of the child;
2) complaints about violations of the rights of the child, with particular attention paid to the State or local government authorities and their staff for infringements;
3) submit proposals that contribute to respect for the rights of the child. "
38. in article 67: replace the third paragraph, the words "judgment of" with the words "with the Court's ruling";
to make the seventh subparagraph by the following: "(7) of this article, the fourth and fifth paragraphs in the cases provided for in the local government for social services shall be settled by social services and social assistance in the procedure prescribed by law."
39. Article 71: make the second paragraph as follows: "(2) it is prohibited to disseminate personal information about children who become victims of crime, witnesses, or committed a crime, as well as information that might harm the child immediately or later in the future."
to make the fourth subparagraph by the following: "(4) it is prohibited to interview the children and distribute the press and other media information about children who become victims of unlawful acts, witnesses or committed the offence, except when the child himself expressed willingness to disclose through public, with the consent of the parents or other legal representatives of the child and does not object to the promoters of the process in criminal proceedings."
40. Article 72 of the expression as follows: "article 72. The staff of the child and the responsibility of the event organizer (1) childcare, education, health care and other institutional managers and staff which keeps children, children's events and the event organizer, with children, are responsible for the child's health and life protection, so the child would be safe for him to provide qualified services and other respected his rights.
(2) the first paragraph of this article persons called for infringements to disciplinary or other statutory responsibilities.
(3) On child care, education, health care and other institutional managers and employees which keeps children, may not work for people: 1) which made the protection of children's rights legislation;
2) which committed immoral behavior at work or outside work, and is found by a court or other competent authority;
3) who are the subject of criminal offences related to violence or violence in the piedraudējum;
4) who are the subject of criminal offences against morals and dzimumneaizskaramīb — regardless of the convictions deleted.
5) which the Court has applied the criminal law in certain medical coercive measures on the State of insanity committed a criminal offence provided for in the criminal law.
(4) when the work on child care, education, health care and other institutional managers and employees which keeps children, demanded information about their previous šēj, competence and experience.
(5) recruitment of the fourth paragraph of this article, the persons, the employer is legally obliged to request from the registry a statement of that person's criminal record.
(6) the employee or the Manager of the authority, in the exercise of his duties, is responsible for the compliance with the rights of the child. If there are reasonable grounds for believing that the fourth paragraph of this article, the persons committed violations of children's rights, the employer relevant employees suspended from the post (of the job) to the facts of the case. The employer has a duty to impeach an employee or Manager of the authority, if it is on the basis of reasonable suspicion of child rights violations may require a children and Family Affairs Minister. "
41. Make 73. the first paragraph by the following: "(1) each resident's obligation is to protect your and other child safety, not later than that day to report to the police, family courts (pagastties) or other child protection authorities of any violence against children, for his act of infringement of rights or other hazards, as well as when a person is suspected, the child articles, substances or materials that may endanger the child's own or other people's life or health. "
42. the transitional provisions be supplemented with 10 and 11 of the following paragraph: "10 Cabinet until 1 June 2005 does this law article 12 in the fourth paragraph, article 20, in the first paragraph of article 30 and the first paragraph of article 50 of the rules laid down in the ninth paragraph.
11. the Cabinet of Ministers Regulations Until the date of entry into force, but not longer than until 1 June 2005 shall be valid for the Cabinet of Ministers of 2 December 1995 by Regulation No 348 ' rules for erotic and pornographic material, manufacture, importation, distribution, public display or advertising. "
The Saeima adopted the law on 17 March 2005.
The President of the Parliament instead of the President i. Otter Riga 2005 April 1 editorial comment: the law shall enter into force on 15 April 2005.