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Law No. 108 Of 2 June 1998 Approving Government Emergency Ordinance Nr. 26/1997 Regarding The Protection Of Children In Difficult Situations

Original Language Title:  LEGE nr. 108 din 2 iunie 1998 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 26/1997 privind protecţia copilului aflat în dificultate

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LEGE no. 108 108 of 2 June 1998 for approval Government Emergency Ordinance no. 26/1997 on protection of the child in difficulty
ISSUER Parliament
Published in OFFICIAL MONITOR no. 205 205 of 2 June 1998



The Romanian Parliament adopts this law + Article 1 Approval Government Emergency Ordinance no. 26 26 of 9 June 1997 on the protection of the child in difficulty, published in the Official Gazette of Romania, Part I, no. 120 of 12 June 1997, with the following amendments and additions: 1. Article 1 (1) shall read as follows: "" Art. 1. --(1) For the purposes of this emergency ordinance, the child is in difficulty, if his physical or moral development or integrity is endangered. " 2. In Article 3, after paragraph 1, paragraphs 1 and 1 shall be inserted and (1 ^ 2) with the following contents: "" (1 ^ 1) Any child who, temporarily or permanently, is deprived of his family environment or who, in his own higher interest, cannot be left in this environment, is entitled to protection and special help from the local community. (1 ^ 2) The State guarantees the protection of the child against any forms of violence, including sexual, physical or mental abuse or abuse, abandonment or negligence, ill treatment or exploitation, while in the care of parents or of one of them, of his legal representative or of any other person. " 3. Article 3 (2) shall read as follows: "(2) The State shall support the local authority of which the child belongs, in fulfilling his obligations for the protection of the child in difficulty." 4. Article 4 (2) shall read as follows: " (2) In order to exercise the duties provided in par. (1), subordinated to the county council, respectively of the local councils of the sectors of Bucharest, the commission for the protection of the child, hereinafter referred to as the commission, and the specialized public service for child protection, hereinafter referred to as a specialized public service. " 5. Article 7 shall read as follows: "" Art. 7. -(1) In order to respect the best interests of the child in difficulty, the Commission may determine the following measures: a) entrusting the child to a family, a person or an authorized private body; b) Entrusting the child for adoption; c) provisional custody of the child to the specialized public service; d) the placement of the child to a family or to a person; e) the child's placement at the specialized public service or at an authorized private body; f) the child's placement as a matter of urgency; g) child placement in an assisted family. (2) In choosing one of these measures must be taken into account, appropriately, of the need for rational continuity in the education of the child, as well as of his ethnic, religious, cultural or linguistic origin. (3) The right to express his opinion on the protection measures provided in par. ((1). ' 6. In Article 10, paragraphs 3 and 5 shall read as follows: " (3) The school education of the child can only be changed in his interest, considering the provisions of art. 7 7 para. ((2) and (3), with the commission's approval. The religious faith in which the child was educated can only change in exceptional cases, with the special approval of the commission. " " (5) The right to administer the child's property shall be exercised by the commission, which may delegate it to the specialized public service or to the person or authorized private body, to whom the child was entrusted For this purpose, within 15 days from the date of entrustment, the inventory of the child's property shall be carried out. The specialized public service, with the approval of the commission, will be able to alienate the child's goods only if the act responds to some needs or presents an unquestionable use for The amounts of money resulting from the sale of the child's property, as well as the income brought by them will be deposited on behalf of the child, in the name of the child, through the care of the specialized public service, and will be able to be lifted 7. Article 19 shall become Article 13 with the following contents: "" Art. 19. -The harmonious development of the child entrusted under the conditions of 9 or given in placement under the conditions of art. 12 12 para. ((2) shall be provided in the placement centres which operate within the specialised public service or private body authorised to which the child has been entrusted or placed in foster care. '; 8. Articles 13 to 15 become Articles 14 to 16. 9. Article 20 shall become Article 17 with the following contents: "" Art. 20. -(1) The specialized public service or the authorized private body, which has received in custody or in placement a child, will provide it with the appropriate family environment. (2) In order to ensure the appropriate family environment, the specialized public service is obliged a) identify families or persons to whom the child may be entrusted or given in foster care, with priority among his relatives up to the fourth degree inclusive; b) determine the opinion of the child capable of discernment with regard to the family or the person proposed to receive him in custody or in foster care and to bring it to the attention of the commission; c) to provide assistance and support to that family or persons both before and after the child's custody or placement; d) to provide assistance and support to the child's parents, in order to prepare its return to its family environment; e) to provide specially arranged spaces within or outside the placement centers and the means necessary for the child's personal and direct contact with his parents, if applicable, according to the regulations; f) to supervise the families and persons to whom a child was entrusted or given in foster care, for the duration of this measure, as well as the parents of the child, after his return to his family environment; g) submit reports and proposals to the Commission on the abovementioned matters, quarterly or at its request. " 10. Article 21 shall become Article 18. 11. In Article 22, which becomes Article 19, paragraph 2 shall read as follows: " (2) At the request of the child, he may remain in foster care or in the family or person to whom he was entrusted or given in foster care and after acquiring full exercise capacity, if he continues his studies, but without exceeding the age for 26 years. " 12. In Article 23, which becomes Article 20, paragraph 1 shall read as follows: "" Art. 23. -(1) For each child entrusted or given in foster care is granted a monthly maintenance allowance in the amount of 300,000 lei, which is indexed by Government decision. " 13. Article 24 shall become Article 21. 14. After Article 25, which becomes Article 22, Chapter II ^ 1 shall be inserted as follows: "Chapter II ^ 1-Educational measures towards the child who committed an act provided for by the criminal law, but not criminally liable" 15. Article 16 shall become Article 23 with the following contents: "" Art. 16. -(1) The child who committed a deed provided by the criminal law, but who does not respond criminally, benefits from protection under the conditions of this emergency ordinance. (2) The child who has not reached the age of 14 or who is between 14 and 16 years of age is not criminally liable, if it is not proved that he has committed the act with discernment. " 16. In Article 17, which becomes Article 24, paragraph 1 shall read as follows: "" Art. 17. -(1) Compared to the child in the situation referred to in art. 16, the Commission will take one of the following educational measures: a) reprimand; b) supervised freedom; c) internment in a re-education center; d) internment in a medical-educational institution. " 17. After Article 17, which becomes Article 24, Articles 17 ^ 1-17 ^ 5 shall be inserted with the following contents: "" Art. 17 17 ^ 1. -The educational measure of the reprimand consists in the dojenation of the child, in showing the social danger of the act committed, in the advice of the child to behave in such a way as to show correction, while drawing his attention that, if he new a crime, it will take towards him a more severe measure or he will be able to apply a sentence. Article 17 ^ 2. -(1) The educational measure of supervised freedom consists in leaving the child at large for one year under special supervision. Supervision may be entrusted, as appropriate, to the parents, adopter or guardian of the child. If none of them can ensure satisfactory supervision, the Commission shall order the supervision of the child, within the same period of time, to a family or a trusted person, to an authorised private body, or specialized public service. (2) The person entrusted with the supervision of the child has the obligation to closely watch over his behavior, for the purpose of his correction, as well as the obligation to notify, immediately, the commission when the child absconds from supervision, has bad behavior or has again committed a deed provided by the criminal law. (. The Commission may impose on the child the following obligations: a) not to attend certain established places; b) not to get in touch with certain persons; c) to regularly attend school or a qualification course. (4) The Commission draws the child's attention to the consequences of his (5) After taking the measure of supervised freedom, the commission shall inform the school to which the child learns. (6) If within the term of supervision the child evades the supervision that is exercised on him or has bad behavior or again commits a deed provided by the criminal law, the commission shall revoke the measure of supervised freedom and take child measure of admission to a re-education center or to a medical-educational institution. Art. 17 ^ 3. -(1) The educational measure of the child's admission to a re-education center is taken for the purpose of reeducating the child, who is assured the possibility to acquire the necessary teaching and a professional training, according to his skills. (2) The measure of admission shall be taken towards the child in respect of whom the other educational measures are non-sufficient. Article 17 ^ 4. -The measure of admission to a medical-educational institution is taken towards the child who, because of his physical or mental state, needs medical treatment and a special education regime. Art. 17 ^ 5. -(1) The measures provided for in art. 17 ^ 3 and 17 ^ 4 are taken in indefinite time, but can only last until the child reaches the age of 18. The measure provided in art. 17 ^ 3 must be lifted as soon as the cause of its taking has disappeared. The Commission, having the measure provided for in art. 17 ^ 4, may, if appropriate, take the measure of admission to a child in a re-education center. ((. When the child becomes a major, the Commission may order the extension of admission for a period of not more than 2 years, if it is necessary for the purpose of the purpose of admission. " 18. Article 18 shall become Article 30 with the following contents: "" Art. 18. -(1) Educational measures provided for in art. 17 are taken to notify the prosecutor, police bodies, school, parents or any interested person. (2) The educational measures provided for in art. 17 lit. b)-d) are taken only with the prosecutor's opinion. (3) In taking educational measures, the commission will take into account the degree of social danger of the act committed, the physical, intellectual and affective development of the child, his general behavior, the conditions in which he was raised and in which he lived and of any elements likely to characterize its personality. " 19. Chapter III shall become Chapter IV with the following title: "" Chapter III-Organization and functioning of the Child Protection Commission " 20. Articles 26 to 28 shall become Articles 31 to 33. 21. Article 29 shall become Article 34 with the following contents: "" Art. 29. -The judgment of the Commission may be appealed to the competent territorial court, under the rules of common law. ' 22. Article 30 shall become Article 35 with the following contents: "" Art. 30. -The private bodies, provided for in this emergency ordinance, are legal persons of private law with non-profit purpose, constituted under the law. When establishing Romanian private bodies, the court will seek the opinion of the Department for Child Protection and the Ministry of National Education. If the statutory objectives of the private body also include activities for social categories other than children, the opinion of the Ministry of Labour and Social Protection will also be required. " 23. Articles 31 to 36 shall become Articles 36 to 41. 24. In Article 37, which becomes Article 42, paragraph 1 shall read as follows: "" Art. 37. -(1) The expenses for the protection of the child in difficulty are financed from the budget of the county council, respectively from the budget of the councils of the Extra-budgetary funds can also be used for the same purpose. The Department for Child Protection can finance programs of national interest for the protection of the child in difficulty, from funds transferred from the state budget with this destination, from external credit entries, as well as from Extra-budgetary funds. ' 25. Article 38 shall become Article 43 with the following contents: "" Art. 38. -(1) In application of this emergency ordinance, the Department for Child Protection together with the interested ministries will develop methodological norms and transitional measures, which are approved by Government decision. (2) The Department for Child Protection shall control, under the law, the activity of protection of the child in difficulty, exercised by the local public administration authorities. " 26. Article 39 becomes Article 44 with the following contents: "" Art. 39. -The actions and applications regarding the application of the provisions of this emergency ordinance shall be exempt from stamp duty and judicial stamp duty. " 27. Article 40 shall become Article 45 with the following contents: "" Art. 40. -(1) Within 6 months after the entry into force of this emergency ordinance, the commissions will verify and reassess all the protection measures established by pending decisions of the former territorial commissions for the protection of the minors, which functioned according to Law no. 3/1970 on the regime of protection of some categories of minors. (2) Upon expiry of the term provided in par. (1), the decisions of the territorial commissions for the protection of minors shall cease their applicability. " 28. Article 41 shall become Article 46 with the following contents: "" Art. 41. -(1) The transfer of the protection institutions-swings, children's houses-and the reception centers of minors, which functioned according to Law no. 3/1970, the transfer of the patrimony and their staff, as well as their reorganization in placement centers and reception centers of the child within specialized public services will be made until the entry into force of the state budget law in 1998, by protocol concluded between the county councils, respectively the local councils of the sectors of Bucharest, and the authorities under which these institutions operated until the entry into force of this ordinance Emergency. (2) Heritage transferred according to par. (1) retains its destination for the organization and conduct of the child protection activity in difficulty. (3) The auxiliary teaching and teaching staff, existing in the protection institutions that functioned according to Law no. 3/1970 and which is transferred, according to par. (1), within the placement and reception centers of the child within the specialized public services, as well as within the Department for Child Protection, shall retain the status of teaching staff. (4) The staff responsible for training, education, transferred under the conditions of par. (3), the provisions of Law no. 128/1997 on the Staff Regulations. (5) The teaching functions of the staff in the placement centers, referred to in par. (3), are: educator/educator, institute-educator, teacher-educator, teacher-educator, teacher-speech, psychopedagogue, music teacher, teacher of physical education. (6) The auxiliary teaching functions of the staff in the placement centers, referred to in par. ((3), are: a) librarian, documentarian, editor; b) computer scientist; c) laboratory; d) technician; e) school teacher; f) instructor-animator, extracurricular education instructor; g) social worker; h) corepeater; i) night supervisor. " 29. Article 42 shall become Article 47. + Article 2 Government Emergency Ordinance no. 26/1997 on the protection of the child in difficulty, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, giving the texts a new numbering. This law was adopted by the Chamber of Deputies at its meeting on May 11, 1998, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT PAULA MARIA IVANESCU This law was adopted by the Senate at the meeting of May 11, 1998, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT CRISTIAN SORIN DUMITRESCU ------