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Second Amendment To The Law On Protection Of Children And Young People In Danger, Approved By Act No. 147/99 Of 1 September

Original Language Title: Segunda alteração à Lei de Proteção de Crianças e Jovens em Perigo, aprovada pela Lei n.º 147/99, de 1 de setembro

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CHAIR OF THE COUNCIL OF MINISTERS

1

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:

CHAIR OF THE COUNCIL OF MINISTERS

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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