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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 (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1998, no. 15) the following amendments: 1. Put 1, 2, and 3 of the article as follows: "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 went away is located, not known or illness are unable to exercise parental authority or whose parents or deprived of parental authority;
3) audžuģimen — family, orphan or without parental care for orphaned child care and upbringing provided;
4) guardian: the person appointed or approved, in accordance with the procedure laid down in the civil code, to ensure the child's rights and interests;
5) supports family — a family that the child's care and upbringing within the family, which provides support for the chronically ill is a baby, not a full family, large family or family that do not have sufficient skills and competences in the child's care and upbringing;
6) trustee: a person who can provide support for children who have trouble learning or interacting with peers or need other support;
7) home-the child's residence;
8 shelter — accommodation) of valid state existing heated living space (dwelling) corresponds to the rules of construction and sanitary requirements;
9) ārpusģimen care — care that is provided without parental care and orphans are orphaned children;
10) child care and upbringing of the authority the authority is provided in the orphanage or without parental care for the remaining child care and upbringing or social adjustment of children's behavior and, if necessary, the nature of the therapeutic application of coercive measures;
11) private children's institution, natural or legal persons created body that ensures the interests and needs of children according to the provision of comprehensive development of the child;
12) shelter, child care institution, which temporarily gives the child the care and upbringing of the ārpusģimen;
13) violence hurt the child — a child who suffered from a family member or another person physical, sexual or emotional violence;
14) sexual violence — the child's involvement in sexual activities that a child does not understand or who cannot give informed consent;
15) physical violence — the child's health or life threatening the use of force in a conscious contact with the child;
16) — child abuse emotional emotional need override or the child's psychological influence;
17) earlier neglect — child health care, nutrition, education, environment, as well as other important physical or emotional needs are not met, if the parents have been able to meet these needs;
18) minimum level of well-being of the child, the amount of funds needed to ensure the child's right to development, health care, education and other statutory rights of the child.
2. article. The task of the law (1) this law is to define the rights of the child, freedom and protection, given that the child as physically and intellectually immature person need special protection and care.
(2) this Act also governs the conditions under which the controlled child behavior and determination of his responsibility, it is governed by elders and other natural and legal persons, as well as State and local rights, duties and responsibility for children's rights, defines the rights of the child protection system and legal principles of its operation.
(3) the protection of children's rights is a State policy. State and local governments shall organise and control the protection of the rights of the child throughout the country.
3. article. The child and the principle of equality of the rights of the child (1) the child is a person who is under 18 years of age, except for those persons who, in accordance with the law, the age of the past, that is, persons who advertised on the minor or entered the marriage before 18 years of age.
(2) the rights of the child and the State provides freedom for all children without any discrimination, irrespective of the child's parents, his guardian, family, race, ethnicity, gender, language, party affiliation, political and religious beliefs, national, ethnic or social origin, State of residence, economic and health status, birth or other circumstances. "
2. in article 5, first paragraph: replace in paragraph 1, the word "adoptive parents" with the word "audžuģimen";
Add to paragraph 4 after the words "public bodies" with the words "and other natural or legal persons".
3. Express article 8, second subparagraph by the following: "(2) the child has a right to their own identity."

4. Express article 10 quarter as follows: "(4) the minimum level of welfare of the child in the State determined by the Cabinet of Ministers."
5. in article 11: make the second subparagraph by the following: "(2) the child is entitled to free pre-school preparation, basic and secondary education as well as vocational education.";
to supplement the article with a fifth by the following: "(5) the child has the right to learn the cultural heritage and to participate in its protection, as well as to develop their creativity."
6. Supplement article 12 first paragraph with the sentence the following wording: "learning a Profession is provided in educational establishments, but children who have reached the age of 15 and have registered as unemployed — with the public employment services."
7. Turn off article 13, first paragraph, the words "until the age of 14".
8. To turn off the title of article 14 and in the first paragraph, the word "its".
9. Express article 18 as follows: "article 18. Guarantees on the rights of the child guarantees the rights of the child laid down the Constitution, this law, other laws and regulations, as well as for Latvia to binding international agreements. "
10. Article 20: Add to the first paragraph with the words "and are specially trained to work with children";
to supplement the article with the fourth paragraph as follows: "(4) in matters relating to the child's rights or interests, also defendants in the criminal case, which is a minor, the Court's consideration."
11. Article 21: make the first paragraph by the following: "(1) the child's own interests of safety and protection of the rights of the child may be subject to the restrictions laid down by law and are necessary to protect national security, public order, public morals and health and the protection of the rights and freedoms of others."
replace the second paragraph, the words "in finding an infringement action" with the words "rights are limited."
12. Turn article 22, second paragraph, the words "as well as".
13. Supplement article 23 with the sixth subparagraph by the following: "(6) the child is required to gently treat the environment."
14. Article 24: replace the first part of the word "the" with the word "effects";
replace the third paragraph, the words "legal representatives" with the words "natural guardian (legal representatives)".
15. in article 26: turn off the last sentence of the second subparagraph;
to make the fourth subparagraph by the following: "(4) the State and local governments provide support for family and children's education, health, culture and sport to strengthen, as well as the rest of the institutions and bodies to promote the child's physical development and creative work, take care of children's leisure and other services that promote child development and help family child upbringing."
16. Article 27: adding to the third paragraph with the following text: "and you get a free emergency assistance in hospitals and rehabilitation authorities.";
to supplement the article with a fifth by the following: "(5) in these cases, the municipal social assistance service together with other local institutions, the child's parents and the child's rights protection agencies develop family support and assistance programs."
17. off the second part of article 29.
18. Article 31 of the expression by the following: ' article 31. Adoption (1) in order to ensure child development family environment, adoption is supported.
(2) Adoption of legal bases are determined by civil law. Adoption of the agenda set by the Cabinet of Ministers.
(3) in the cases provided for in the law and in order to adopt a foreign child may, if that State is binding on any of the international conventions that govern the protection of the rights of the child and the transnational adoption cooperation, or if Latvia has concluded bilateral agreements on judicial cooperation in the field of adoption. "
19. Add to article 33 of the fourth subparagraph by the following: "(4) in cases where the parents are terminated parental, childcare and upbringing institution Manager can allow the child to stay with parents during holidays and weekends, if family courts granted written consent."
20. Supplement article 35 to the text by the following: "Act" and "The fosters pagastties, as well as the family courts and the provisions on the operation of the pagastties."
21. Article 37: turn off the fourth part of the second sentence;
to supplement the article with the new sixth as follows: "(6) of this article, the fourth and fifth in the cases provided for in part for taking care of the child children's authority shall notify the family courts (pagastties) no later than the next day."

consider the current sixth seventh and make it the second sentence as follows: "the General requirements and orphanage without parents ' care for the remaining child care and upbringing, as well as medical and sanitary and hygiene requirements determined by the Cabinet of Ministers."
22. Article 38 be expressed as follows: "article 38. Special child care and education institutions (1) special child care and education institutions are social adjustment of educational establishments in which children are placed with social behavioural deviations and, if necessary, applies a healing nature of forced features. Insert the special child care and upbringing of the child, if his behaviour in social adjustment, staying in his residence, was unsuccessful or he committed a criminal offence before reaching the age of 14.
(2) the institutions referred to in this article, the child may be placed with a court order under the procedures laid down in the law on the individual. "
23. Article 42: replace the first paragraph, the words "training institution" with the words "educational institution";
to supplement the article with a new second subparagraph by the following: "(2) in the first subparagraph, where the child leaves the care and upbringing of the child, he shall provide information in writing about the statutory guarantees social rights, including the right to receive the apartment.";
replace the existing second paragraph, the word "decision" with the word "ruling" and believe the second part of the third part.
24. Article 43: consider the current text of article of the first part;
to supplement the article with a new second subparagraph by the following: "(2) if the child continues to learn, the first paragraph of this article and used warranties are stored all the time, but no longer than up to 24 years of age."
25. Article 45: make the first paragraph by the following: "(1) Insert the child in another family or private children's institution for more than three months, the parents or guardian shall immediately notify the family courts (pagastties) at the family residence or the location of the institution concerned.";
to supplement the article with the fourth, fifth and sixth the following: "(4) child care and education authority may permit the child to weekly holidays and holidays to visit and stay in the other's family, if the Administration has surveyed by conditions in the family and come to the opinion that the stay does not harm the child, as well as in writing informed the family courts (pagastties).
(5) to put the child in the family for more than a fourth part of this article, the care and upbringing of the child may, if the above is surveyed in this family material and domestic conditions and family courts (pagastties) is recognized as possible to place the child in the family. Child's food costs shall be borne by the children's care and upbringing, in agreement with the family.
(6) Insert ārpusģimen care of the child at the time of the family or children's institution in a foreign country may, with the consent of the family courts (pagastties), if this is matched by the national child protection authority, subject to the procedure laid down in this country. "
26. Express article 47 the second subparagraph by the following: "(2) in order to reduce the negative impact of the social environment, the national social policy is to create a favourable cultural environment and to promote healthy lifestyle. The State budget it means you want. "
27. Article 48 off fifth paragraph, first sentence, the word "special" and the second sentence, the word "specially".
28. Turn in the third subparagraph of article 49 in the last sentence, the word "specially".
29. To supplement the law with article 50.1 the following: ' article 50.1. Limitations of the involvement of children in activities prohibited to involve children in activities (contests, model agencies URu.tml.), which is estimated at she looks like. "
30. Supplement article 52 paragraph 1 the third paragraph with the words "who specially prepared for working with children victims of violence".
31. To replace the words "in article 53 and" with the words "whether or not".
32. Replace article 55 in the second part of the word "integrate" with the word "included".
33. Article 58 of the following expressions: "article 58. Crime prevention work organization (1) in the area of crime prevention work with children take the municipality in cooperation with the children's parents, educational institutions, State police, public bodies and other institutions.
(2) the municipality of equipment and prevention behavior of social adjustment and the social assistance programs in each child who: 1) committed a criminal offence during the pre-trial investigation and not arrested;
2) found guilty of the crime, but the punishment not involving the deprivation of liberty;
3) released from criminal responsibility;
4) released from prison or parole;
5) made in illegal Criminal activities before the age of 14 years;
6) more than twice committed administrative offences provided for in the code of the unlawful activities;
7) begging, roaming, or take other actions that may lead to the unlawful action.
(3) the national police can take preventive accounts children, specified in the second subparagraph of article 6, paragraph 1, as well as other children, which the municipality arranged prevention thing, if developed in the social adjustment and social assistance program provides police participation in the particular case. "
34. Article 59: Add to the first part of paragraph 7 as follows: "7) arbitrarily walked out of the family, a guardian, or audžuģimen child care and education authorities.";
replace the second paragraph numbers "3.-6." with numbers "3. — 7.".
35. Supplement article 61 with paragraph 4 by the following: "4) approved a national programme for social educators and social workers."
36. Article 62 be expressed by the following: ' article 62. The competence of the Ministry of welfare, the Ministry of Welfare: 1) develop public policy projects in child and family social security, including social insurance, social assistance (social care, social rehabilitation, material assistance), health care and medical rehabilitation, as well as teenage employment, coordinates the implementation of the project and is responsible for its implementation;
2) provides the medical and social rehabilitation of children who are victims of violence or other unlawful activities;
3) provides medical rehabilitation and technical AIDS, as well as develop institutional and alternative-care and rehabilitation services for children with special needs;
4) methodically manages child care institutions of ārpusģimen;
5) monitors and methodically run by family courts (pagastties) custody issues;
6) provides the public social worker and social educator preparation on the State budget. "
37. Article 63 of the expression as follows: "article 63. The Ministry of education and science competency (1) the Ministry of education and Science: 1) develop a national policy for children's education and projects in the field of sport and organises the implementation of approved projects;
2) provides the availability and quality of education, as well as children with special needs and the social inclusion of children who are victims of violence or other illegal activities, from drug, toxic and other intoxicating substance or alcohol abuse or negative social impacts of the environment;
3) develop awareness programmes on the rights of the child;
4) provide health education as a compulsory subject in schools implementation;
5) determines the education staff qualifications requirements and feasibility criteria to promote the education of staff levels;
6) together with the Ministry of Welfare is developing a national programme for social workers, social educators and teacher training for working with children with special needs and children who need social and pedagogical behavior correction as well as with the families of the children and to coordinate the national implementation of the programme;
7) develop a national policy on the rights of the child protection project.
(2) the Ministry of education and science under the supervision of the State child's rights protection Center. "
38. Article 64: to complement the article with a new paragraph 2 as follows: "2) in cooperation with the other institutions take measures to combat the illegal movement of children across national frontiers and the child does not coming back from abroad;"
to complement the existing paragraph 2 with the words "and their families" and treat it as paragraph 3.
39. To complement the law with 64.1, 64.2 and 64.3 of the article as follows: "article 64.1. The competence of the Ministry of Justice (1) the Ministry of Justice organizes training of judges on the rights of the child.
(2) the Ministry of Justice provides for the Organization of work of the Court, to things related to the child's rights and interests are considered.
Article 64.2. The competence of the Ministry of culture, the Ministry of Culture in the development of the national programme for children in the areas of culture and kultūrizglītīb and is responsible for its implementation.
64.3 article. The competence of the Prosecutor General's Office of the General Prosecutor's Office organized training of prosecutors on the rights of the child and ensure respect for the rights of the child during the pre-trial investigation process. "
40. Article 65 of the expression as follows:

"article 65. The State child's rights protection Center (1) State children's rights protection Center: 1) draw up proposals for the draft national policy on the rights of the child in the field of the protection and the annual State programme to improve the situation of children and is responsible for the implementation of approved projects;
2) monitors the laws and other legislation on the rights of the child protection and develop proposals for ensuring protection of the rights of the child requires amendments to the laws;
3) coordinates the national and municipal institutions, monitor and analyse the process of protection of children's rights on the rights of the child of quality;
4) half-yearly Parliamentary and Cabinet provides a written report on the work of the Centre and the report on the situation of children in the country;
5) every five years, be prepared 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.
(2) the national child rights protection centre under the authority of the district (municipal) child protection inspection (Inspector), responsible for supervising law enforcement relevant administrative territory.
(3) the district (municipal) child rights protection Inspectorate (Inspectorate) has the right, at its own initiative or because of the complaints verified by any State or local authorities, public bodies or other natural or legal persons operating for the protection of children's rights, to request of the said authorities, organisations and persons information or clarifications in this area.
(4) due to the outcome of the inspection (Inspector) gives recommendations for the prevention of irregularities and, if necessary, propose to the relevant authority officials blame called to disciplinary or other statutory responsibilities.
(5) the Cabinet of Ministers appointed State children's rights protection Center Director and approved the Statute of the Centre. "
41. Article 66: adding to the article with the new fourth subparagraph by the following: "(4) district municipality coordinates referred to in the first subparagraph the operation.";
believe the current quarter for the fifth.
42. in article 67: replace the first paragraph, first sentence, the words "the County (City) authorities" with the words "district and local government";
to supplement the article with the new fourth subparagraph by the following: "(4) when the child is in the care of the ārpusģimen, his permanent place of residence remains in its administrative territory of the local government, which adopted a decision on the ārpusģimen of care. ';
replace the seventh paragraph, the words "without parental custody of the remaining children" with the words "orphan or without parental care for the remaining child";
consider the fourth, fifth, sixth and seventh respectively on the part of the fifth, sixth, seventh and eighth.
43. To supplement the law with article 67.1 the following: ' article 67.1. Informative statistical reports on the situation of the rights of the child of the Ministry of the Interior, the Ministry of education and science, Ministry of welfare, the Ministry of Justice, the Minister of special duties and authorities of public administration reform and local authorities provide statistical observation with regard to the protection of the rights of the child, as well as families that have been terminated or suspended or whom can parents with children in the apartment, in relation to a child, adoption, children transfer to ārpusģimen care , empowering and curative nature coercive measures for children, child prosecution and criminal proceedings for children who have become victims of violence, and the submission of a summary of the Central Administration of statistics. Central Statistical Bureau annually collects this information and present it to the State child's rights protection Center. "
44. Article 69 of the turn in the second paragraph, the words "which has not reached the age of 18".
45. Add to article 72 of the third subparagraph of paragraph 2 with the words "established by a court judgment or other decision of the competent authority".
46. To complement the article 76 of the law with the following: "article 76. The order in which the child can cross the national border (1) a child may cross the State border on its own, the parents (guardians) or their authorized persons.
(2) if the child is crossing the State border, together with one of the parents, check out requires the consent of the other parent, demonstrating to the notary public or family courts (pagastties).
(3) if the child is alone in crossing the State border, check out requires both parents (guardian) consent, demonstrating to the notary public or family courts (pagastties). Child alone may cross the State border, if reached 7 years of age.
(4) if the child is crossing the State border of the parents (guardian) authorized persons, check out requires both parents (guardian) consent, demonstrating to the notary public or family courts (pagastties). If the child crosses the State border group, require that one of the parents give consent to it.
(5) If in the second, third and fourth in the cases referred to in part one of the parents refuse to give consent or is not reachable, the consent may be given to family courts (pagastties).
(6) if the State border crosses the orphan or without parental care, children left the permissions check out gives a guardian or child care and upbringing institution Manager and family courts (pagastties), after making sure that the departure is in the best interests of the child and will ensure the child's care, while outside his country's borders.
(7) the order in which the child be to authorization to cross the State border and the control on his return, determined by the Cabinet of Ministers. "
47. transitional provisions: to make paragraph 1 by the following: "1. the Cabinet of Ministers: 2000 December 31, shall be submitted to the Parliament a draft law on the amendments required in other laws;
2000 December 31, shall be submitted to the Parliament a draft law on the educative nature of application of coercive measures of a medical nature, the draft law on coercive measures for children. ";
turn 3 and 4;
consider the current paragraph 5 of paragraph 3;
transitional provisions be supplemented with 4, 5 and 6 of paragraph by the following: "4. the Central Statistical Bureau with the Ministry of Interior, the Ministry of education and science, Ministry of Welfare, the Ministry of Justice, the Minister with special responsibility for public administration and local government and municipalities up to June 1, 2000 to develop and approve a single statistical reporting system for the protection of the rights of the child.
5. This law, article 27 part five shall enter into force on 1 January 2001.
6. Article 11 of this law the provisions of the second paragraph on the rights of the child to free preschool preparation shall enter into force on 1 January 2001. "
The Parliament adopted the law of 9 March 2000.
State v. President Vaira Vīķe-Freiberga in Riga, 28 March 2000, the