Key Benefits:
CHAIR OF THE COUNCIL OF MINISTERS
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Proposal for Law No 339 /XII
Exhibition of Motives
The Protection of Children and Young People in Danger Act, passed by Law No. 147/99, of 1 of
September, amended by Law No. 31/2003 of August 22, assumes particular importance in the
Portuguese legal planning, coordinating the action of the competent entities, in the
effective promotion of the rights and protection of Portuguese children and young people.
The promotion of rights and the protection of the child set up structural assumptions of the
affirmation of a new culture of the child as a subject of law.
These principles of promotion and protection of the child arise from the Constitution of the
Portuguese Republic and are assumed, equally, in the Convention on the Rights of the
Child, approved by the Resolution of the Assembly of the Republic No. 20/90, passed in 8 of
June 1990 and ratified by the Decree of the President of the Republic No 49/90 of 12 of
September.
Decorated more than 20 years since the entry into force of the said Convention, the Resolution
of the Council of Ministers No. 37/2013 of June 11, determined the opening of the debate
tendant to the review of the system of promotion and protection of children and young people in danger and of the
legal regime of adoption, with a view to pondering the aspets that deserve improvements to the
enhancement of its ability to organize and carry out preventive and protective intervention
tempestive among children and young people.
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For this purpose, two commissions have been incorporated by representatives of the
government departments and the entities of the social economy, with special
responsibilities in the system of promoting the rights and protection of children and young people.
In fulfillment of the objectives set out and in observance of the recommendations
constants of the said Resolution of the Council of Ministers, the committee responsible for
operationalization of the debate specifically addressed to the review of the promotion system and
protection of children and young people in distress also proceeded to the auscultation of entities and
relevant personalities in the area of childhood and youth, with profligates participation of the
targeted. Many of the suggestions presented in that context came to be incorporated, by the
commission, in the final draft that proceeds to the second amendment to the Protection of Children Act and
Young people in Danger.
The final project presented by the committee maintains the fundamental lines that
characterize the matrix and principles of the children's promotion and protection system and
young people in distress.
The Protection of Children and Young People Act in Danger constitutes the aggregating legal instrument
of a culture of sharing responsibility and community-based, among the different
entities with special competences in respect of childhood and youth, being
similarly potentiating of the transversality required in the protection intervention
concrete together with children and young people.
Volved 14 years on the coming into force of this law and 12 years after the introduction of a
punctual but significant change to the said diploma, understands the Government to justify itself
bringing about the present amendment to the Protection of Children and Young People Act in Danger,
capitalizing on the jurisprudential, technical and doctrinal experience gained in the practical application
of the scheme instituted.
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The now-introduced amendment constitutes a contribution to operationalisation as soon as
of the operation of the competent entities in respect of childhood and youth, in the
organization of this first level of intervention, and proceeds to the clarification and reinforcement of the
articulation of the basic intervention in the territory, also strengthening the role of the
social sector institutions in the prevention of danger situations for children and young people.
In parallel, the levels of commitment of the entities that integrate the
commission for protection of children and young people, with reflections, specifically, in composition and
operationalization of its restricted modality.
On the other hand, a thorough review of the matter concerning the provision of
support for the operation of the protection commissions by the State, by
clarification, densification and extension of the provision of support, either in the logistics and
in the financial strand.
Additionally and innovatively, it creates a mechanism that allows to close the
difficulties in operating the protection commissions, as well as human resources,
creating the possibility of the National Commission for the Promotion of Rights and Protection of
Children and Young people to celebrate protocols regarding the affectation of support technicians to
protection commissions, with the entities of origin, represented in the enlarged committee.
It further enshrines the possibility of the redefinition of the territorial competences of the
protection commissions, through the creation of intermunicipal commissions, when such if
justifies, by agreement between adjacent municipalities, with the aim of potentiating the
qualification of the protective response to children and local youths.
The disgust of strengthening protection commissions in the performance of the respects
assignments determined the densification of the status of the commissioner, with reflections at the level of the
qualification of the function as a compulsory public service and with particular incidences to the
level of the qualification of the exercise of the presidency itself.
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In parallel, the changes made to the temporal duration of the mandates
of the commissioners and president allow for the best harnessing of knowledge and
specialized experience, the motivation and the profile of the commissioners, relevant still from the
hosting of recommendations issued by the Provedory of Justice in the matter.
The possibility of the effective and full-time exercise of the post of chair of the committee
of protection intends to provide the protection commissions of a presidency capable of
ensure the promotion of diversified functionalities, namely the concertation of the
various services of the local community and, well, the preventive arm, to be articulated with
social network.
The particular difficulties raised in the intervention of the protection commissions in the cases
in which the danger situation that legitimizes the said intervention takes the form of a crime
against freedom or sexual self-determination, being its authorship attributable to one of the
people of whose consent depends on the intervention of the committees, in the terms of the law,
led to the broadening of the judicial intervention to such cases, agilizing parallel,
by such a way, the interaction between the process-crime and the process of promotion and protection that
passes the course in the judicial instance.
On the other hand and recognizing that the circumstances of the concrete case may, in
any case, advising the most strengthened intervention of the court, creates a valve of
exhaust of the system, pursuant to which it is always reserved to the Public Prosecutor's Office,
supreme representative of the defence of the rights of children and young people in distress, the judgment of
opportunity pertaining to the judicial intervention of promotion and protection, even in cases in
that they would be meeting the assumptions for the intervention of the protection commission.
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Making the contribution of the doctrine contribution and coming to the meeting of needs
profusely manifested by the system operators, specifically in the context of the
efficient assessment of the problems of danger experienced by the beneficiaries of the
intervention, it is expressly regulated and in the strictness by the cautionary that the matter of
processing of sensitive personal data by the protection commissions of children and young people,
within the scope of its assignments.
With regard to the reception of children and young people, the bases are established that
allow to realize, in the seat of regulation of the family reception and the
residential reception, the latest guidelines in the promotion and protection of
children and young people in consonance with the legally anticipated guiding principles,
specifically the principle of the superior interest of the child, and in consideration of the
scientific knowledge and international recommendations vigour in the matter, all if
concreting in particular in the consecration of the preference that should be given to the
family reception with respect to residential reception, in particular relatively
to children up to the age of six.
Coherently, it enriches the cast of promotion and protection measures, upon the
creation of the new measure of trust the host family with a view to future adoption,
to be viable by this via a harmonious transition between family reception and the
adoptive project.
It further underlines, with particular relevance, the implementation of an alert mechanism
in the system in the face of the possibility of temporally extensive interventions,
specifically arising from the successive application of promotion and protection measures,
with a view to the assessment by the Public Prosecutor's Office, of the potential commitment of the
helpful time of the child, thus by viabilizing the timely inflection of the protection strategy
profiled, with consequences at the level of the child's life project.
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Various initiatives for clarification and densification in subjects of such carecides are diverse,
specifically: circumscribe the scope of audits and inspections to the committees of
protection, with gains of certainty and safety for all operators and benefits to
level of the system evaluation; clearly distinguishing yourself from the shipping situations of
process of promotion and protection of the situations of simple communications to the Ministry
Public, with benefits at the level of the agilisation of intervention; clarifies the relative regime
to the reopening of promotion and protection process, potentiating the effectiveness of the response
protective, and flexibilize the assumptions of prosecution of the judicial process of
promotion and protection, improving the framework of procedural thrust by part
of the Public Ministry.
The changes brought to the level of the judicial process of promotion and protection relevam
essentially of the purpose of process agilization, in order to the opportunity of the
protection response, as well as the reinforcement of guarantees from the procedural actors, there is
much claimed, including by the jurisprudence of the European Court of the Rights of the
Man.
Thus, we take a cautious look at the dispensation of judicial debate at the head of review of the
promotion and protection measures, sensing of the said debate in all cases
where it is not in question the replacement of the measure revidend or the extension of
revidend allotment measure execution.
On the other hand, it is conspicuated the mandatory prediction of constitution of lawyer or
appointment of patron to the parents of the child in the judicial debate, where it is in question to
application of confidence-building with a view to future adoption, conferring, parallel,
suspensive effect to the appeal of the decision that has applied such a measure, with evident gains,
specifically, of legal certainty and stabilization of the child's life project
beneficiary of the intervention.
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We further strengthen the guarantees of the actors in the process upon prediction of a
standard on notification of the decision taken in the judicial process of promotion and protection.
The intervention operated at the level of the deadlines for claims and response of resources and,
particularly, of the decision deadline of the measure of confidence with a view to the future
adoption relies, inter alia, of the purpose of printing swiftness to the formation of the
outright adoptability decisions.
Still in relation to the formation of adoptability decisions, and by welcoming the contributions of the
incarcerate commission of the revision of the legal regime of adoption, acauctiate, in a way
innovative, the possibility of-in duly substantiated cases and assumption that such
corresponds to the superior interest of the child adotanda-be judicially authorized to
maintenance of contacts between siblings, and in the same way, the resortability of this
decision, attributing to such a resource suspensive effect.
Finally, the possibility of taking advantage of, for cable tutelary effects, is devotes
results provided by the process of promotion and protection, specifically the
obtaining cable tutelar agreement, which rationalizes and simplifies procedures, reducing
significantly the morosity of the cable tutelar justice.
Attentive to matter, at the headquarters of the legislative process taking place in the Assembly of the Republic,
are to be heard the self-governing bodies of the Autonomous Regions, the
Prosecutor-General of the Republic, the Provedory of Justice, the National Association of
Portuguese Municipalities, the National Confederation of Institutions of Solidarity, the
Union of Portuguese Misericordias and the Union of Portuguese Mutualities.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
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Article 1.
Object
The present law proceeds to the second amendment to the Protection of Children and Young People Act in
Hazard, as approved by Law No. 147/99 of September 1, amended by Law No. 31/2003, of
August 22.
Article 2.
Amendment to the Protection of Children and Young People Act in Danger
Articles 4, 5, 7, 11, 17 to 26, 29 to 33, 37 to 38, 38, 46, 46, 46, 46, 46.
49 to 51, 53, 54, 57 to 70, 73, 75, 79, 85, 87, 88, 91, 91, 91, 91, 91, 91.
92, 94 to 99, 101, 105, 106, 110, 111, 118, 123, 124, 124, 124, 124, 124.
of the Protection of Children and Young People in Danger Act, passed by Law No. 147/99, of 1 of
September, amended by Law No. 31/2003 of August 22, go on to have the following essay:
" Article 4.
[...]
[...]:
a) Superior interest of the child and the young person-the intervention must meet
priorition the interests and rights of the child and the young person,
notably to the continuity of quality affection relations and
significant, without prejudice to the consideration that is due to others
legitimate interests in the context of the plurality of the present interests
in the concrete case;
b) [...];
c) [...];
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d) [...];
e) [...];
f) [...];
g) [...];
h) [...];
i) [...];
j) [...].
Article 5.
[...]
[...]:
a) [...];
b) [...];
c) Emergency situation-the current or imminent danger situation for the
life or the current or imminent danger situation of serious
commitment of physical or mental integrity of the child or
young person, who requires immediate protection under Rule 91, or who
determine the immediate need for the application of measures of
promotion and protection caucuses;
d) Entities with competence in respect of childhood and youth-the
natural or collective persons, public, cooperatives, social or
private that, by developing activities in the areas of childhood and
youth, have legitimacy to intervene in the promotion of rights and
in the protection of the child and the young man in distress;
e) [...];
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f) [...].
Article 7.
[...]
1-The entities with competence in respect of childhood and youth must,
within the framework of their assignments, promote primary prevention actions and
secondary, inter alia, by the definition of local action plans
for childhood and youth, aiming at the promotion, defence and delivery of the
rights of the child.
2-The entities with competence in respect of childhood and youth must
promote and integrate partnerships and to make use of them, whenever, by the
circumstances of the case, its isolated intervention does not show adequate to the
effective promotion of the rights and protection of the child or young person.
3-A intervention of entities with competence in respect of childhood and
youth is effected in a consensual manner with the people of whose
consent would depend on the intervention of the protection commission in the
terms of Article 9.
4-With a view to the realization of its tasks, it competes with the entities with
competence in respect of childhood and youth:
a) To assess, diagnose and intervene in situations of risk and danger;
b) Implement necessary and appropriate intervention strategies to
decrease or eradication of the risk factors;
c) Accompany the child, young and respect family in execution of
intervention plan defined by the entity itself, or in
collaboration with other congenic entities;
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d) Carry out the material acts inherent in the promotion measures and
protection applied by the commission of protection or by the court, of which
are incumbent, under the terms of the promotion and protection agreement or
judicial decision.
5-In the exercise of the competences conferred on the preceding paragraph it is up to the
entities with competence in respect of childhood and youth elaborating and
keep an updated record, from which it consents to the summary description of the
representations made and respect results.
Article 9.
[...]
1-[...].
2-A The intervention of the protection commissions of children and young people depends on the
consent of both parents, even if the exercise of the
parental responsibilities has been entrusted exclusively to one of them,
provided that these are not inhibited from the exercise of responsibilities
parental.
3-When the parent who should provide consent, in the terms of the
previous number, is missing or, in any case, uncontactable, is
sufficient consent of the progenitor present or contactable, without
injury to the duty of the diligeny protection commission, demonstrably
and by all means at their reach, by the knowledge of the whereabouts
of that, with a view to the provision of the respectable consent.
4-When the tutelage has been instituted, consent is provided by the
tutor or, in his absence, by the protutor.
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5-If the child or young person is entrusted with the third person guard, in the
terms of Articles 1907 and 1918 of the Civil Code, or find themselves living
with a person who has only their de facto guard, consent is
provided by those who have their guard, albeit in fact, and by the parents, being
sufficient consent from that to the beginning of the intervention.
6-If, in the case of the preceding paragraph, it is not possible to contact the parents despite the
realization of the appropriate representations to find them, applies, with the
necessary adaptations, the provisions of paragraph 3.
7-A The intervention of the protection commissions of children and young people depends
still of the express consent and provided in writing of those who
hajam apadrinated civilly, while subsisting such a bond.
8-In the cases provided for in paragraphs 3 and 5, the legitimacy of the committee of
protection for the intervention at all time, should the parent not
inhibited from the exercise of parental responsibilities is opposed to the
intervention.
Article 11.
[...]
1-[ Previous proadmium of the body of the article ]:
a) [ Previous article (a) of the body of the article ];
b) The person who should provide consent, in accordance with Article 9,
there has been indictment for the practice of crime against freedom or the
sexual self-determination that vies the child or young person deprived of
protection, or when, against that one has been deducted complaint by the
practice of any of the aforementioned types of crime;
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c) Do not be provided or the necessary consent to the
intervention of the protection commission, when the promotion agreement
and of protection is repeatedly unfulfilled or when it occurs
non-compliance with the said agreement that it results in a serious situation
danger to the child;
d) No promotion and protection agreement is obtained, keeping up with
situation justifying the application of measure;
e) [ Previous Article (c) of the body of the article ] ;
f) [ Previous article (d) of the body of the article ] ;
g) Decorrids six months after the knowledge of the situation by the
commission of protection has not been handed down any decision and the
parents, legal representative or people who have the de facto guard
of the child or young person require the judicial intervention;
h) [ Previous article (f) of the body of the article ];
i) The process of the protection commission is apprehended the process
judicial, under the law;
j) Following the application of urgent procedure provided for in the
article 91.
2-A The judicial intervention still takes place when, given the seriousness of the
danger situation, the special relationship of the child or the young person with whom the
provoked or to the knowledge of previous repeated failure to
measure of promotion and protection by who should give consent, the
Public prosecutor's office, officiously or on a proposal from the committee, understand, from
justified form, which, in the concrete case, does not show adequate to
intervention of the protection commission.
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3-For the purposes of the provisions of the preceding paragraphs, the committee refers the
process to the prosecutor's office.
Article 12.
[...]
1-[...].
2-[...].
3-The protection commissions are declared installed by portaria dos
members of the Government responsible for the areas of justice, solidarity and
of social security.
Article 13.
[...]
1-Public services, administrative authorities and police entities
have a duty to collaborate with the protection commissions in the exercise of the
your attributions.
2-[...].
3-The duty of collaboration covers that of information and emission, without
any charges, of certificates, reports and any other documents
deemed necessary by the protection commissions, the exercise of their
skills of promotion and protection.
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Article 14.
Support for operation
1-The support for the operation of the protection commissions, specifically, in the
logistic, financial and administrative strands, is ensured by the municipality,
it may, for the purpose of this, be concluded protocols of cooperation with the
services and bodies of the State represented in the National Commission.
2-The logistical support covers the means, equipment and resources required by the
proper functioning of the protection commissions, specifically,
facilities, informatics, communication and transport, according to the
terms of reference to be defined by the National Commission.
3-Financial support consists of the provision:
a) From a mannered fund, intended to support occasional expenses and
of small amount resulting from the action of the protection commissions
together with the children and young people, their families or people who have their
de facto guard, in accordance with the terms of reference to be defined by the
National Commission;
b) From money to hiring insurance that covers the risks that may
occur in the context of the exercise of the functions of the planned commissioners
in the points h ), i ), j ), l ) and m ) of Article 17 (1).
4-Administrative support consists of the ceding of administrative staff,
in accordance with the terms of reference to be defined by the National Commission.
5-Excecionally, preceding opinion favorable by the National Commission, the
municipalities may protocolar with other services represented in the
protection commissions that provide them with better conditions of support
logistical.
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6-The criteria for assigning support to the operation of the committees of
protection must be set by taking into consideration the resident population
under the age of less than 18 years, the procedural volume of the committee and the
proper stability of the protective intervention, in the terms to be defined by the
National Commission.
Article 15.
[...]
1-[...].
2-In view of the qualification of the protective response, upon proposal of the
municipalities involved and preceding opinion favorable by the Commission
National, can be created:
a) In municipalities with a greater number of inhabitants and when
justifies, more than one protection commission, with competencies
in one or more freguesias, in the terms to be defined by the porterie of
installation;
b) In adjacent municipalities with lower number of inhabitants and
when justifying, inter-municipal commissions, in the terms to be defined
by the installation porterie.
Article 17.
[...]
1-[ Previous proadmium of the body of the article ]:
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a) A representative of the municipality, to be indicated by the city hall, of the
municipalities, to be indicated by the municipal chambers, in the case provided for in the
point ( b ) of Article 15 (2), or of the freguesthes, to be indicated by these,
in the case set out in paragraph a) of Article 15 (2), of between persons
with particular interest or aptitude in the area of children and young people in
danger;
b) [ Previous Article (b) of the body of the article ];
c) [ Previous Article (c) of the body of the article ];
d) A representative of the Ministry of Health preferentially medical
or nursing, and which integrates, where possible, the Support Core
to Children and Young People at Risk;
e) A representative of the private institutions of social solidarity
or from other nongovernmental organizations that develop, in the
area of territorial competence of the commission of protection, answers
social non-residential character, directed at children, young people and
families;
f) A representative of the competent public body in respect of
employment and vocational training;
g) A representative of the private institutions of social solidarity
or from other nongovernmental organizations that develop, in the
area of territorial competence of the commission of protection, answers
social character of residential character directed at children and young people;
h) [ Previous article point (g) of the body of the article ] ;
i) [ Previous article (h) of the body of the article ] ;
j) [ Previous article (i) of the body of the article ] ;
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k) A representative of each security force dependent on the
Ministry of Internal Administration present in the area of
territorial competence of the protection commission;
l) Four citizen voters, preferentially with special
knowledge or abilities to intervene in the area of children and
young people in distress, designated by the municipal assembly, or by the
municipal assemblies or assembly of freguesia, in cases
provided, by respect, in the paragraphs b ) and a ) than in paragraph 2 of the
article 15;
m) [ Previous paragraph (m) of the body of the artig o].
2-In cases of the b ) of Article 15 (2) the designation of citizens
voters to which the letter is reported. l ) must be done by agreement between the
municipalities involved, privileging themselves, where possible, the
representativeness of the diverse local populations.
3-In the cases provided for in Article 15 (2) the composition of the committee
observes the inter-institutional and pluridisciplinary representativeness provided for in the
n. 1 of this article.
Article 18.
[...]
1-[...].
2-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
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e) Collaborate with the competent entities in the constitution,
operation and formulation of projects and initiatives of
local social development in the area of childhood and youth;
f) [...];
g) Analyze the semiannual information concerning the initiated processes and the
progress of those pending in the restricted commission, without prejudice to the
provisions of Article 88;
h) Provide the support and the collaboration that the restricted commission requests,
particularly in the context of the provision of the resources
necessary for the performance of their duties;
i) Elaborate and approve the annual plan of activities;
j) Approve the annual activity and evaluation report and send it to
National Commission, the municipal assembly and the Public Prosecutor's Office;
k) Collaborate with the Social Network in the elaboration of the plan of
local social development, in the area of childhood and youth.
3-In the exercise of the powers provided for in points b ), c ), d ) and and ) of the number
previous, the committee should articulate with the local Social Network.
Article 19.
[...]
1-[...].
2-The plenary of the committee meets with the periodicity required by the
fulfillment of its functions, at the minimum monthly.
3-The exercise of duties in the enlarged committee presupposes the affectation of the
commissioners to the effective work at committee, for time not less than eight
monthly hours, to integrate the normal period of work.
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Article 20.
[...]
1-[...].
2-Are, by inherence, members of the committee restricted to the chairman of the committee
of protection and the representatives of the municipality, or of the municipalities or of the
freguesias in the cases provided for, respectively, in the paragraphs b ) and a ) than in paragraph 2
of Art. 15, and of social security, education and health when not
exercise the presidency.
3-[...].
4-[...].
5-[...].
6-In cases where the exercise of full-time duties by the commissioners
does not guarantee the observance of the criteria laid down in Article 22 (3), the
entities mentioned in the ( a ), b ), c ) and k ) of Article 17 (1)
make available yet technical support for the committee, applying with the
due adaptations to the provisions of paragraph 2 of the following article.
Article 21.
[...]
1-[...].
2-[...]:
a) [...];
b) Decide on the opening and instruction of the promotion process and
protection;
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c) To liminally appreciate the situations that the protection commission
have knowledge, deciding the immediate filing of the process
when it occurs manifold disneed of intervention;
d) [ Previous paragraph (c) ];
e) [ Previous point (d) ];
f) [ Previous point (e) ];
g) Decide the application and follow up and review the promotion measures and
protection, with the exception of the confidence measure the selected person
for adoption, the host family or the institution with a view to
adoption;
h) Practise the acts of instruction and follow-up of measures of
promotion and protection that are requested to you in the context of
processes of collaboration with other protection commissions;
i) [ Previous point (g) ].
Article 22.
[...]
1-[...].
2-[...].
3-The members of the restricted commission carry out functions in a time regime
complete or part-time, in compliance with the criteria of
reference established by the National Commission.
4-[...].
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5-When the entity represented or responsible for making technical available
for support in accordance with Article 20 (6), failing to meet the times of
affectation defined in the terms of paragraph 3, shall the chairman of the commission of
protection communicating the said irregularity to the Public Prosecutor's Office and to the
National Commission, in the 30 days following its verification, by its fit
the latter arrange for the competent entities by the sanation
of that irregularity.
Article 23.
[...]
1-The chairman of the protection committee is elected by the committee's plenary
extended from among all its members.
2-[...].
3-The secretary replaces the president in his or her lines and impediments.
4-Effective exercise of the presidency is mandatory for the elected member and
binds, in the applicable cases, the represented entity.
5-The chairman of the committee carries out his duties on a full-time basis, always
that the resident population in the area of territorial competence of the respect
commission is at least equal to 5000 inhabitants with equal age or
less than 18 years.
6-For the purposes of the performance evaluation of the chairman of the committee of
protection by its source entity, the exercise of the corresponding
functions is compulsorily considered and valued, in terms of
progression in career and in concursal procedures.
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7-For the purposes of the binding referred to in paragraph 4, the committee issues and
makes available to the home entity certify the minutes of the meeting that elected the
president.
Article 24.
[...]
[...]:
a) [...];
b) [...];
c) [...];
d) Coordinate the work of drawing up the annual plan of activities,
draw up the annual report of activities and evaluation and submit them to the
approval of the enlarged committee;
e) [...];
f) [...].
Article 25.
[...]
1-The members of the protection commission represent and force the services and
the entities that designate them, being in particular responsible for the
fulfillment of the objectives contained in the annual plan of action of the service
respect for the protection of the child concerning the responsibilities of these
services within the protection commissions of children and young people.
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2-The exercise of the duties of the members of the protection commission, in the framework
of the competence of this, have priority character with respect to those who exercise
in the respects services and constitute compulsory public service being
considered, for all purposes, as presaged in the profession, activity
or post of the titular respect.
3-A The initial and continuing training of the members of the committees constitutes a
duty and a right, fit to the entity represented or to the Commission
National, in the case of the commissioners provided for in points h ), i ), j ), l ) and m ) from the
Article 17 (1), provide the indispensable means of frequency
of these actions.
4-When demanded by acts practised in the performance of their duties, the
members of the protection commission enjoy exemption from costs, fit to
entity represented or to the National Commission, in the case of the commissioners
provided for in points h ), i ), j ), l ) and m ) of Article 17 (1), ensure the
costs inherent in the respect of judicial patronage.
5-The members of the protection commission are entitled to the assignment and use of
id card, model approved by porterie of the members of the
Government responsible for the areas of justice, solidarity and security
social.
Article 26.
[...]
1-The members of the protection commission are designated for a period of
three years, renewable for two times.
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2-Excecionally, the exercise of duties in the protection commission may
extend beyond the maximum period set out in the preceding paragraph,
in particular in the cases of impossibility of replacement of the member,
provided that there is agreement between the commissioner and the represented entity, in the
applicable cases, and opinion favorable by the national commission.
3-The chairman of the committee is elected for the period of three years, renewable by
a single time.
4-The commissioners remain in office until the end of their term of office.
5-Elapsed the period of nine consecutive years of exercise of duties in the
protection commission, can only occur designation of the same commissioner
for the said exercise, which is the complete period of duration
of a mandate.
Article 29.
[...]
1-[...].
2-A minutes contains the identification of the
members present and indicate whether deliberations have been taken by a majority
or unanimously, making further mention of the opinions issued in the
terms of article 20 (2).
Article 30.
[...]
The protection commissions are accompanied, supported and evaluated by the
National Commission.
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Article 31.
[...]
[...]:
a) Provide specialized training and appropriate information in the
mastery of the promotion of rights and protection of children and
young people in distress;
b) Formulate guidelines and issue generic directives regarding the
exercise of the competences of the protection commissions, as well as
make recommendations as to their regular functioning and
composition;
c) [...];
d) [...];
e) [...];
f) Promote supervisory mechanisms and audit the commissions of
protection;
g) Participate in the execution of inspections to the activity of the commissions of
protection promoted by the Public Prosecutor's Office and its application.
Article 32.
[...]
1-The protection commissions annually draw up a report of activities,
with identification of the situation and existing problems in the area's respect
of territorial intervention in the promotion of rights and protection
of children and young people in distress, including statistical data and information
to make it possible to know the nature of the cases appreciated and the measures
applied and assess the difficulties and effectiveness of the intervention.
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2-[...].
3-[...].
4-[...].
5-A The National Commission promotes the annual achievement of a meeting of
evaluation of the protection commissions, based on the disclosure and analysis of the
report of national activities.
Article 33.
[...]
1-Protection commissions are the subject of audits and inspection on the terms
of the law.
2-The audits of the protection commissions are the competence of the Commission
National and are effected in the terms provided for in the respected diploma that
approves of its organic, targeting exclusively:
a) Afar the regular operation and composition of the committees of
protection, having by reference the constant legal framework of the articles
15. to 29.
b) Afer the levels of observance of generic guidelines and directives
that versem the exercise of the competences of the protection commissions
and to be directed by the National Commission.
3-The audits are carried out at the initiative of the National Commission or the
application from the prosecutor's office.
4-Inspections to the protection commissions are of the competence and initiative of the
Prosecutor's Office, and may take place by request of the National Commission.
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5-Inspections have per object the activity globally developed by the
protection commissions, excluding the respective scope of the subjects to which
reports on paragraph 2.
Article 35.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) Residential reception;
g) Trust the person selected for the adoption, the family of
foster care or the institution with a view to adoption.
2-Promotion and protection measures are performed in the natural medium of
life or in a placement regime, depending on its nature, and may be
decided on a cautionary basis.
3-Considerate measures to be implemented in the natural medium of life as provided for in the
points a ), b ), c ) and d) of paragraph 1 and measures for placing those provided for in points (1)
and ) and f ); the measure provided for in the g ) is considered to be performing in the middle
natural life in the first case and placement, in the second and third
cases.
4-[...].
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Article 37.
Precautionary measures
1-A The cautionary title, the court may apply the measures provided for in points a ) a
f ) of Article 35 (1), in the terms provided for in Article 92 (1), or
while carrying out the diagnosis of the situation of the child and the definition of the
their subsequent forwarding.
2-The commissions may apply the measures provided for in the preceding paragraph
as they proceed to the diagnosis of the child's situation and the definition of the
your subsequent forwarding, without prejudice to the need for the
celebration of a promotion and protection agreement under the general rules.
3-The measures applied in the terms of the previous figures have the duration
maximum of six months and must be reviewed within the maximum of three months.
Article 38-The
Trust the person selected for the adoption, the host family or the
institution with a view to future adoption
The measure of trust the person selected for the adoption, the family of
hosting or the institution with a view to future adoption, applicable when
check some of the situations provided for in Article 1978 of the Civil Code,
consists:
a) [...];
b) Or in the placement of the child or the young person under the family guard of
foster care or institution with a view to future adoption.
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Article 43.
[...]
1-[ Previous body of the article ].
2-A The measure may be accompanied by support of a psychopedagogical nature and
social and, when necessary, of economic aid.
Article 46.
Definition and assumptions
1-The family reception consists in the assignment of the child's trust or the
young person to a natural person or to a family, enabled for the purpose,
providing their integration into a family medium and the provision of
care suitable for your needs and well-being and education
necessary to their full development.
2-[...].
3-Family reception takes place when it is predictable to integrate the
child or young person in a biological family or not, or, not being
predictable such integration, for the preparation of the child or young person for the
autonomy of life.
4-Privilegia-if the application of the family reception measure on that of
residential reception, in particular with respect to children up to the six
years of age, save:
a) When the consideration of the excecional and specific situation of the child
or young carecides of protection impose the application of the measure of
residential reception;
b) When it is constate impossibility of fact.
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5-A application of the residential reception measure in the cases provided for in the
points a ) and b ) of the preceding paragraph is duly substantiated.
Article 49.
Definition and purpose
1-A The residential reception measure consists of the placement of the child or
young person in the care of an entity which has facilities,
host equipment and permanent human resources,
suitably sized and enabled, which guarantee them the care
suitable.
2-Home reception is intended to contribute to the creation of
conditions that guarantee the proper satisfaction of physical needs,
psychics, emotional and social of children and young people and the effective exercise
of your rights, favoring your integration in sociofamiliary context
insurance and promoting your education, well-being and development
integral.
Article 50.
Residential reception
1-Home reception takes place at home of reception and obeys the
models of socio-educational intervention suitable for children and young people in it
hosted.
2-Host houses can organise themselves by specialized units,
specifically:
a) Host homes for response in emergency situations;
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b) Host homes for specific problem response and
needs for educational and therapeutic intervention evidenced by the
children and young people to be welcomed;
c) Autonomization apartments for the support and promotion of
autonomy of young people.
3-In addition to the host houses, the institutions that develop
residential responses, particularly in the areas of special education and
health can, in situations duly substantiated and by the time
strictly necessary, carry out residential reception measures
relatively to children or young people with permanent disabilities, diseases
chronicles of serious character, psychiatric disturbance or behaviors
additives, ensuring the socio-educational and therapeutic care to be provided in the
scope of the implementation of the measure.
4-A regulation of the arrangement of organization and operation of the houses of
foster care for children and young people appear in legislation of their own.
Article 51.
Modalities of integration
1-With regard to integration in the reception, the host measure
residential is planned or, in the emergency situations, urgent.
2-A The planned integration presupposes the preparation of integration in the house of
hosting, upon exchange of relevant information between the entity that
applies the measure, the entity responsible for the management of vacancies in
reception and the institution responsible for the reception, with a view to
better protection and promotion of the rights of the child or young person to be welcomed and
focuses, specifically, on:
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a) The evaluation of the intervention plan performed in a natural medium of
life, in the applicable cases;
b) The situation of danger that determines the application of the measure;
c) The specific needs of the child or young person to be accommodated; and
d) The resources and characteristics of the intervention that are revealed
required, to be made available by the host institution.
3-A The planned intervention still presupposes the informed preparation of the child
or young and, where possible, of the family's respect.
4-A urgent integration at home care home is determined by the
need for protection of the child when emergency situation occurs
in the terms set out in paragraph c ) of Art. 5 and prescinde of the planning to
reporting the previous number, by conducting themselves by procedurum model
specifically targeted for protection in the crisis.
5-In the cases referred to in the preceding paragraph, the integration takes place
preferentially in specialized emergency reception unit,
integrated in home care for children and young people, to be indicated by the
managing entity of the vacancies in reception.
Article 53.
Operation of the host houses
1-Host houses are organized in units that favour a
affective relationship of the familiar type, a personalized daily life and the integration
in the community.
2-The operating regime of the host houses is defined in
own diploma.
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3-The parents, the legal representative or who has the de facto guard of the child
you can visit the child or the young man, according to the schedules and rules
of the operation of the house, unless otherwise judicial decision.
4-In the lack or idoneity of the persons to which the previous number and in the
conditions there referred to, the court or the protection commission may
authorize other elderly adults, of affective reference for the child, the
visit in.
Article 54.
Human resources
1-A
s houses of reception are necessarily of human resources
organized in teams articulated to each other, specifically:
a) The technical team, consisting of pluridisciplinary mode, integrates
necessarily collaborators with minimum training
corresponding to graduation in the areas of psychology and work
social, being designated the technical director of among these;
b) The educational team integrates
preferentially collaborators with vocational training
specific to the socio-educational follow-up functions of the
children and young people embraced and inherent in the profession of auxiliary action
educational and care of children.
c) The support team compulsorily integrates service collaborators
general.
2-Whenever it is justified, the host house may resort to the answers and
existing services in the community, specifically in the areas of health and the
right.
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3-To the technical team it is up to the diagnosis of the situation of the child or the young man
welcomed and the definition of your promotion and protection project, as well as
the respect execution.
4-For the purposes of the provisions of the preceding paragraph, the technical team of the house of
host is compulsorily heard by the decision-maker,
in particular when reviewing the applied host measure.
Article 57.
[...]
1-[...]:
a) The modality of integration in the reception and the eventual
specialization of the response;
b) [...];
c) [...].
2-A information referred to in point c ) of the previous number must contain the
elements necessary to evaluate the development of the personality, the
school-taking, progression in other apprenticesments, suitability
of the applied measure and the possibility of the return of the child or the young person to the
your family, as well as another family type solution suitable to the
promotion of their rights and protection, or autonomy of life.
Article 58.
[...]
1-[...]:
a) [...];
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b) [...];
c) [...];
d) Be listened to and actively participate, depending on your degree of
discernment, in all subjects of your interest, which include the
relating to the definition and execution of your promotion project and
protection and the operation of the institution;
e) [ Previous point (d) ] ;
f) [ Previous point (e) ] ;
g) Not being transferred from the host house, save when that
decision corresponds to their superior interest;
h) [ Previous point (g) ] ;
i) Be welcomed, where possible, at close reception home
of your family and social background of origin, except if your superior
interest for discounselling;
j) Not to be separated from other siblings welcomed, except if your
superior interest in discouraging.
2-The rights referred to in the preceding paragraph necessarily appear from the
internal regulation of the host houses.
Article 59.
[...]
1-[...].
2-[...].
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3-For the purposes of the provisions of the preceding paragraph, the court designates teams
specific, with the composition and competencies provided for in the law, or entity
which it considers more appropriate, and may not, in any case, be
assigned the protection commission to execute measures applied by the
court.
4-[ Revoked ].
Article 60.
[...]
1-Without prejudice to the provisions of the following number, the measures provided for in the
points a ), b ), c ) and d ) of Article 35 (1) shall have the duration set out in the
agreement or in the court decision.
2-Without prejudice to the provisions of the following number, each of the measures
referred to in the preceding paragraph shall not be for a duration of more than one year,
it may, however, be extended up to 18 months if the child's interest or
of the young person advising him and as long as they hold the consents and the
legally required agreements.
3-Excecionally, when the defence of the superior interest of the child or of the
young to impose it, the measure provided for in the paragraph d ) of Article 35 (1)
can be extended until those peruse the 21-year-old.
Article 61.
[...]
The measures provided for in points e) and f ) of Article 35 (1) have the duration
established in the agreement or in the court decision.
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Article 62.
[...]
1-Without prejudice to the provisions of Article 37 (3), the measures implemented are
compulsorily reviewed the deadline set in the agreement or in the decision
judicial, and, in any case, decorated periods never exceeding six
months, inclusive of residential care measures and while the child
there remain.
2-[...].
3-A The review decision determines the verification of the conditions of execution of the
measure and may determine, as yet:
a) [...];
b) [...];
c) [...];
d) [ Repealed ];
e) [ ... ].
4-In cases provided for in the preceding paragraph, the review decision shall
present the due technical fundamentals, in coherence with the project
of life of the child or young person.
5-[ Previous Article No 4 ] .
6-[ Previous Article No 5 ].
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Article 62-The
Measure of trust the person selected for the adoption, the family of
foster care or the institution with a view to adoption
1-Except the provisions of the following number, the measure of trust the person
selected for the adoption, the host family or the institution with
view the adoption, lasts until it is enacted the adoption and is not subject to review.
2-A excecional title the measure is reviewed, in cases where its execution is
manifestly unviable, specifically when the child reaches the
age limit for adoption without the adoptive project having been
concretized.
3-In the sentence that applies the measure provided for in paragraph 1, the court designates
interim curator to the child, which carries out functions until it is enacted to
adoption or instituted another cable tutelary measure.
4-The interim curator is the person to whom the minor has been entrusted.
5-In case of trust the host institution or family, the curator
provisional is, preferably, who has a more direct contact with the
child, owing, the requirement of the social security body or the
particular institution authorized to intervene in adoption matter, the curatorship
provisional to be transferred to the candidate for adopter, as soon as selected.
6-Without prejudice to the provisions of the following number, implemented the planned measure
in paragraph 1, there is no place for visits on the part of the natural family.
7-In duly substantiated cases and in the function of the defence of the superior
interest of the adopting, contacts between siblings may be allowed.
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Article 63.
[...]
1-[...].
2-When the cessation of the measure applied, the protection commission or the
court effectuate the communications eventually necessary from the
entities referred to in Article 7, with a view to the monitoring of the
child, young and his or her family, for the period that is thought to be appropriate.
Article 68.
[...]
[...]:
a) The situations in which they do not obtain the availability of the means
necessary to carry out the diagnostic assessment of cases,
particularly by opposition of a service or institution and, in
particular, the situations of refusal of provision of information concerning
sensitive personal data, specifically clinical information,
requested in accordance with Article 13 (1);
b) [ Repealed ] ;
c) [ Repealed ];
d) [...];
e) [...];
f) The cases in which, by virtue of the successive or isolated application of the
promotion and protection measures provided for in points a ) a c ), and ) and f) from the
Article 35 (1), the sum-of-duration of the said measures
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perdo 18 months.
Article 69.
[...]
The protection commissions further communicate to the Public Prosecutor's Office as
de facto situations justifying the regulation or alteration of the regime of
exercise of parental responsibilities, the inhibition of exercise of
parental responsibilities, the setting up of the guardian or the adoption of any
other cable providence, particularly in cases where it is proved
required fixing or alteration or if you check the default of the
food benefits.
Article 70.
[...]
1-When the facts that have determined the danger situation constitute
crime, the entities and institutions referred to in Articles 7 and 8 shall
communicate them immediately to the Public Prosecutor's Office or to the police entities,
without prejudice to the communications provided for in the preceding Articles.
2-The situations provided for in the preceding paragraph shall, at the same time, be
communicated by the commission of protection to the magistrate of the Ministry
Public who, in accordance with Article 72 (2), accompanies the respect
activity.
Article 73.
[...]
1-[...]:
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a) Be aware of the situations of children and young people in distress
residents in areas where it is not installed commission of protection,
without prejudice to the provisions of the following article;
b) Received the communications referred to in Article 68, consider
there are indications of a danger situation for the child or young person,
susceptible to claiming the application of judicial measure of promotion and
protection;
c) [...].
2-[...].
Article 75.
[...]
[...]:
a) When the protection commission has referred to it the process of
promotion and protection for lack of competence for application of the
appropriate measure in the terms provided for in Article 38 and agree to
the understanding of the protection commission;
b) [...].
Article 79.
[...]
1-[...].
2-[...].
3-[...].
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4-Se, after the application of non-cautionary measure, the child or the young person changes from
residence for period of more than three months, the process is remitted to the
protection commission or the court of the area of the new residence.
5-For the purposes of the provisions of the preceding paragraph, the execution of measure of
promotion and protection of reception does not determine the change of
residence of the child or youth welcomed.
6-Without prejudice to the provisions of the preceding paragraph, the protection commission with
territorial competence in the area of the municipality or host freguesia of the
child or young person, provides the committee that applied the promotion measure and
protection all necessary collaboration to the effective follow-up of the
applied measure, which to the effect is requested to it.
7-Unless the provisions of paragraph 4, are irrelevant the de facto modifications that
they occur subsequently at the time of the prosecution.
Article 80.
[...]
Without prejudice to the rules of territorial competence, when the situation of danger
cover simultaneously more than one child or young person, or if the relationships
family or danger in concrete the justifying, proceedings are instituted
individual who run through apensal to what was instituted in the first place.
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Article 81.
[...]
1-When, in respect of the same child or young person, they are instituted
successively processes of promotion and protection, including on the commission
of protection, educational tutelary or relative to cable tutelary arrangements,
should the same run by apenso, regardless of the respect
state, being competent for them to know the judge of the process
instituted in the first place.
2-[ Revoked ] .
3-For the purposes of the provisions of paragraph 1, the judge requests the protection commission to
o inform you about any pending promotion and protection process or
which comes to be instituted later in respect of the same child
or young.
Article 82.
[...]
1-When relatively to a same young person run simultaneously
process of promotion and protection and criminal procedure, the protection commission
or the section of family and minors referred to the competent judicial authority
for the criminal proceedings copy of the respective decision, and may add the
information on the family and socio-professional insertion of the young man who
consider adequate.
2-[...].
3-[...].
4-[...].
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Article 84.
[...]
1-Children and young people are heard by the protection commission or by the judge
on the situations that gave rise to the intervention and relatively to the
application, review or cessation of promotion and protection measures, having
in attention to your age, the degree of maturity and the ability to
understanding of the subjects under discussion, being their view taken into account
in the determination of your superior interest.
2-A child or the young person has a right to be heard individually or
accompanied by the parents, by the legal representative, by counsel for their
choice or officiate or by coach or other adult of your trust.
3-A hearing of the child is preceded by the provision of clear information on the
meaning and reach of it.
4-A hearing of the child respects his specific condition, assuring himself in
any case, the existence of suitable conditions for the purpose,
specifically:
a) The non-subjection of the child to space or intimidatory environment, hostile
or inappropriate to their age, maturity and personal characteristics;
b) The intervention of technicians or judicial operators with training
proper.
5-In view of the fulfillment of the provisions of the preceding paragraph, privileged-
if the non-use of professional attire at the hearing of the child, in
seat of the judicial process of promotion and protection.
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6-It is correspondingly applicable to the hearing of the child and the young man in the
scope of the judicial process of promotion and protection, and whenever your
superior interest justifies it, the provisions of Article 271 of the Code of
Criminal procedure, with due adaptations.
Article 85.
Hearing of the holders of parental responsibilities
1-[ Previous body of the article ].
2-Thessaloniki of the provisions of the preceding paragraph the situations of absence,
even if in fact, by impossibility of contact due to
disknowledge of the whereabouts, or the other cause of impossibility, and those of
inhibition of the exercise of parental responsibilities.
Article 87.
[...]
1-[...].
2-[...].
3-The medical examinations are correspondingly applicable to the
articles 9 and 10, save in the emergency situations provided for in Article 91.
4-[...].
5-[...].
Article 88.
[...]
1-[...].
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2-[...].
3-[...].
4-A child or young person can consult the process through their lawyer
or in person if the judge or the chairman of the committee authorizes it,
listening to their maturity, ability to understand and nature of the
facts.
5-[...].
6-The processes of the protection commissions are destroyed when the child
or young attain the age of majority or, in the case of point (s) d ) of the Article 1 (1)
63., at the age of 21.
7-Without prejudice to the provisions of the preceding paragraph, the information to which you rent the
provisions of Article 13 (1)-It is destroyed as soon as the process to
shelter from which it was collected is shelved, by the fact that the situation of
danger not to be substantiated or no longer subsist.
8-In case of application of the promotion and protection measure provided for in
point ( g ) of Article 35 (1), the secret of identity shall be respected
relating to adopters and biological parents of the adopted, in the terms
provided for in Article 1985 of the Civil Code and in Articles 4 and 5 of the Regime
Legal of the Process of Adoption and, unless special provision, the parents
biological are not notified for the terms of the subsequent process to the
traffic on trial of the decision that applied it.
9-When the case has been filed under the terms of the c ) of paragraph 1 of the
article 21, it is destroyed past two years after the filing.
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Article 91.
[...]
1-When there is current or imminent danger to life or serious
commitment to the physical or mental integrity of the child or young person, and
in the absence of consent from the holders of the responsibilities
parental or from whom it has the de facto guard, any of the entities
referred to in Article 7 or the protection commissions take the measures
suitable for your immediate protection and ask for the intervention of the court
or the police entities.
2-A entity that intervenes in the terms of the previous number gives knowledge
immediate from the situations to which there is a ruded up to the Public Prosecutor's Office or, when such
is not possible, as soon as it cates the cause of the impossibility.
3-As long as the intervention of the court is not possible, the authorities
policemen remove the child or the young man from the danger in which he / she finds himself and
they ensure their emergency protection at home reception, in the
facilities of the entities referred to in Article 7 or in another appropriate place.
4-[...].
Article 92.
[...]
1-[...].
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2-For the purposes of the provisions of the preceding paragraph, the court shall carry out the
summary and indispensable enquiries and orders the necessary representations
to ensure the implementation of its decisions, and may make use of the entities
police officers and allow the people to whom it is entrusted with the fulfillment of their
decisions the entry, during the day, in any house.
3-[...].
Article 94.
[...]
1-A protection commission, received the communication of the situation or after
proceed to summary representations that confirm it, must contact the child or
the young person, the holders of parental responsibilities or the person with whom
the child or the young person resided, informing them of the situation and listening to them
about her.
2-[...].
3-The summary representations referred to in paragraph 1 are intended only for obtaining,
together with the entity that communicated the situation of danger, of elements that
can confirm it or clarify it.
Article 95.
[...]
Missing or having been removed from the consents provided for in Article 9, or
there being opposition from the child or the young person, pursuant to Art. 10, the
commission refrains from intervening and refers the process to the Public Prosecutor's Office
competent.
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Article 96.
[...]
1-When the child finds herself living with a person who does not detain the
parental responsibilities, nor its de facto guard, the commission of
protection must diligenate immediately, by all means at its range,
in the sense of getting in touch with the people who must provide the
consent, for these to put an end to the situation of danger or
provide consent to the intervention.
2-[...].
3-[...].
Article 97.
[...]
1-[...].
2-[...] .
3-The process is organized in a simplified way, in it by registering by
chronological order the acts and representations practiced or requested by the
protection commission that substantiates the practice of the acts provided for in the
previous number.
4-[...].
5-The acts practiced by commission of rogo protection of another,
in particular at the level of the instruction of proceedings or follow-up
of measures of promotion and protection, integrate the procedural activity of the
commission, being registered as acts of collaboration.
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Article 98.
[...]
1-[...].
2-[...].
3-[...].
4-There is no agreement, and by maintaining the situation justifying the application of
measure, the provisions of the paragraph shall apply. d ) of Article 11 (1).
Article 99.
[...]
Ceasing the measure, the process is filed, it may only be reopened if
occur facts justifying the application of promotion measure and
protection.
Article 101.
[...]
1-Compete to the family and minor sections of the central instance of the court of
compriss of the instruction and trial of the process.
2-Outside areas covered by the jurisdiction of the family sections and minors
it is up to the cable sections of the local instance to know about the causes that to those
are assigned, by application, with due adaptations, of the provisions of the
n Article 124 (5) of Law No 62/2013 of August 26.
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3-Without prejudice to the provisions of the preceding paragraph, in the event that it does not occur
unfolding, it is up to the generic competency sections of the local instance
know of the causes mentioned there, as per the provisions of the paragraph a ) of paragraph 1
of Article 130 of Law No 62/2013 of August 26.
4-In the cases provided for in the preceding paragraphs, the court constitutes in
family and minor section.
Article 103.
[...]
1-[...].
2-[...].
3-[...].
4-In the judicial debate is compulsory the constitution of lawyer or the appointment
of patron to the parents when it is in question application of the envisaged measure in the
point ( g ) of Article 35 (1) and, in any case, to the child or young person.
Article 105.
[...]
1-[...].
2-The parents, the legal representative, the persons who have the de facto guard and the
child or young person older than 12 years may also apply for
intervention of the court in the case set out in paragraph g) of Article 11.
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Article 106.
[...]
1-The process of promotion and protection is constituted by the stages of instruction,
negotiated decision, judicial debate, decision and enforcement of the measure.
2-Received the initial application, the judge professes dispatch of statement opening
or, if it considers that it has all the necessary elements:
a) Designates day for conference with a view to achieving agreement of
promotion and protection or suitable cable tutelar;
b) Decides the filing of the case, pursuant to Art. 111; or
c) Orders the notifications referred to in Article 114 (1),
following the remaining terms set out there.
Article 108.
[...]
1-[...].
2-A information and the social report are requested by the judge to the teams or
entities to which it allees Article 59 (3), in the time limits of eight and 30 days,
respects.
3-[ Revoked ].
Article 110.
[...]
1-[ Previous proadmium of the article ]:
a) [...];
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b) Designates day for conference with a view to achieving agreement of
promotion and protection or tutelar suitable cable; or
c) [...].
2-When the impossibility of obtaining agreement as to the measure of
promotion and protection result of proven absence in an uncertain part of
both progenitors, or of one of them, when the other manifests his
adherence to the measure of promotion and protection, the judge can dismiss the realization
of the judicial debate.
3-The provisions of the preceding paragraph shall apply, with due adaptations, to the
legal representative and the holder of the de facto guard of the child or young person.
Article 111.
[...]
The judge decides the filing of the proceedings when it concludes that, by virtue of
the danger situation not to be proved or no longer subsist, has become
unnecessary the application of promotion and protection measure, and may be
reopened if facts occur that warrant the said application.
Article 114.
[...]
1-If it has not been possible to obtain the promotion and protection agreement, or
tutelar suitable cable, or when these show manifestly
unlikely, the judge notifies the Public Prosecutor's Office, the parents, the representative
legal, who detains the de facto guard and the child or young person with more than 12
years to claim, in writing, wanting, and present proof on time
of 10 days.
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2-[...].
3-[...].
4-[...].
5-For the purposes of the provisions of Article 62 there is no judicial debate, except if
is in question:
a) The replacement of the measure of promotion and applied protection; or
b) The prolongation of the placement of the placement measure.
Article 118.
[...]
1-A hearing is always recorded, and it should only be pointed out in the minutes the
beginning and the end of each affidavit, statement, information,
clarification, application and respect response, dispatch, decision and
oral claims.
2-[ Revoked ].
Article 123.
[...]
1-It shall be up to the appeal of decisions which, either permanently or provisionally, if
pronouncing on the application, amendment or cessation of measures of
promotion and protection and on the decision that there be authorized contacts between
siblings, in the cases provided for in Article 62 (7).
2-[...].
3-The decision appeal that has applied the measure provided for in paragraph g) from the
n Article 35 (1) is decided in 30 days.
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Article 124.
[...]
1-Resources are processed and adjudicated as in civil matter, the
term of claims and response of 10 days.
2-With the exception of the appeal of the decision that applies the measure provided in the
point ( g ) of Article 35 (1) and of the appeal of the decision that there is authorized
contacts between siblings, in the cases provided for in Article 62 (7), the
which have suspensive effect, it is up to the defendant court to fix the effect of the
feature.
Article 126.
[...]
To the promotion and protection process are applicable secondarily, with the
due adaptations, at the stage of judicial and resource debate, the relative standards
to the common declarative civil procedure. "
Article 3.
Addition to the Protection of Children and Young People Act in Danger
They are deferred to the Protection of Children and Young People Act in Danger, passed by the Law
no 147/99 of September 1, as amended by Law No. 31/2003 of August 22, the articles
13.-A, 13.-B, 20.-A, 82.-A, 112.-A and 122.-A, with the following essay:
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" Article 13.
Access to sensitive personal data
1-A The protection commission can, when necessary to ensure protection
of the child or the young person, proceed to the processing of personal data
sensitive, specifically, clinical information, as long as it consents to the
holder of the data or, being this minor or interspoken by psychic anomaly,
by your legal representative.
2-For the purposes of legitimation of the protection commission, in the terms of the schedule
in the preceding paragraph, the holder of the sensitive personal data shall provide, by
written, specific and informed consent.
3-The request for access to the processing of sensitive personal data by the
commission of protection must always be accompanied by the declaration of
consent to which rents out the previous number.
4-Where the entity holder of the information referred to in paragraph 1 is
a health unit, the request of the protection commission shall be directed
to the person responsible for their clinical direction, to whom it is up to the coordination of the
collection of information and its shipment to the requesting committee.
Article 13-B
Complaints
1-The protection commissions have record of complaints, in the terms
provided for in Articles 35-and 38 of the Decree-Law No. 135/99, 22 of
april, changed by the Decrees-Laws n. ºs 29/2000, of March 13,
72-A/2010, of June 18, and 73/2014, of May 13.
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2-The complaints are referred to the National Commission for Promotion of the
Rights and Protection of Children and Young People, hereinafter referred to as Commission
National, for appreciation of your motivation, conduct of representations or
issuance of recommendations, in the context of the respective allocations of
follow up, support and evaluation.
3-When, pursuant to Rule 72, the complaint involves matter of the
competence of the Public Prosecutor's Office, the protection commission shall, in
concurrent with the communication referred to in the preceding paragraph, refer copy
from the same to the magistrate of the prosecutor's office to whom it competes the
follow-up referred to in paragraph 2 of the same article.
Article 20-The
Technical support
1-Excecionally, because of manifest lack of human means and in function of the
qualification of the protective response the National Commission can protocolize
with the entities represented in the committee extended the affectation of technicians
for support for the activity of the restricted commission.
2-Technical support can take on the coordination of cases and issues opinion in the
scope of the processes in which it intervenes, which is taken into account in the
deliberations of the Commission.
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Article 82.-A.
Process manager
For each process of promotion and protection the protection commission of
children and young people or the competent court designate a technician manager of
process, to which it competes to mobilize the actors and resources
available to ensure in a global, coordinated and systemic manner, all the
supports, services and monitoring that the child or young person and his / her family
need, providing information on the assembly of the intervention
developed.
Article 112-A
Cable tutelar agreement
1-At the conference and verified the legal assumptions, the judge homologs the
agreement reached on cable tutelar matter, by staying this one by
apenso.
2-There is no agreement followed by the trames of Articles 312 to 37 of the
general regime of the cable tutelar process.
Article 122-The
Notification of the decision
The decision is notified to the persons referred to in paragraph 2 of the following article,
containing information about the possibility, the shape and the time frame of the interposition
of the resource. "
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Article 4.
Systematic change
Subsection II of Section III of Chapter III of the Protection of Children and Young People in
Hazard, as approved by Law No. 147/99 of September 1, amended by Law No. 31/2003, of
August 22, it becomes the designation of "Residential reception".
Article 5.
Definition of the operating regime of host houses and regulations
1-A The definition of the regime, organization and operation of the host houses, to which
report respectively the Article 53 (2) and Article 50 (4) of the Law of
Protection of Children and Young People in Danger, passed by Law No. 147/99, of 1 of
September, amended by Law No. 31/2003 of August 22 in the essay conferred by the
present law, take place within 120 days, from the date of entry into force of this.
2-The regime for the implementation of the as yet unregulated measures to be carried out in paragraph 4 of the
article 35 of the Protection of Children and Young People in Danger Act, passed by the Law
no 147/99 of September 1, as amended by Law No. 31/2003 of August 22 in the newsroom
conferred by this Law, is the object of regulation within 120 days, from the
date of entry into force of this.
Article 6.
Transient standard
Until the entry into force of the diploma referred to in Article 53 (2) of the Protection Act
of Children and Young people in Danger, approved by Law No. 147/99, of September 1, amended
by Law No. 31/2003 of August 22 in the essay conferred by this Law, the houses of
foster care work in open regime, such implying the free entry and exit of the child
and of the young person in the house in accordance with the general operating standards, having only
as limits the resulting from your educational needs and the protection of your rights
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and interests.
Article 7.
Abrogation standard
Articles 47, 48, Article 59 (4), paragraph 4 (4) (48) d ) of Article 62 (3),
the Article 67, the points b ) and c ) of Article 68, Article 81 (2), Article 108 (3) and
the Article 118 (2) of the Protection of Children and Young People in Danger, approved by the
Law No. 147/99 of September 1, amended by Law No 31/2003 of August 22.
Article 8.
Republication
1-Is republished, in annex to this Act and of which it is an integral part, the Protection Act
of Children and Young People in Danger, approved by Law No. 147/99 of September 1, with the
current essay.
2-For the purpose of republication is adopted the gift of the indicative in the essay of all the
standards.
Article 9.
Entry into force
This Law shall come into force on the first working day of the month following that of its publication.
Seen and approved in Council of Ministers of May 21, 2015
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
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ANNEX
( referred to in Article 8)
Republication of the Protection of Children and Young People Act in Danger, passed by the Law
n. 147/99, of September 1