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Law No. 257 Of 26 September 2013 For The Modification And Completion Of The Law #. 272/2004 On The Protection And Promotion Of The Rights Of The Child

Original Language Title:  LEGE nr. 257 din 26 septembrie 2013 pentru modificarea şi completarea Legii nr. 272/2004 privind protecţia şi promovarea drepturilor copilului

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LEGE no. 257 257 of 26 September 2013 to amend and supplement Law no. 272/2004 on the protection and promotion of rights
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 607 607 of 30 September 2013



The Romanian Parliament adopts this law + Article I Law no. 272/2004 on protection and promotion of children's rights, published in the Official Gazette of Romania, Part I, no. 557 of 23 June 2004, as amended, shall be amended and supplemented as follows: 1. In Article 2, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "(1 ^ 1) The higher interest of the child is circumscribed to the right of the child to normal physical and moral development, to socio-affective balance and to family life." 2. in Article 2, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) In determining the best interests of the child, at least the following shall be considered: a) the needs of physical, psychological, education and health, security and stability and belonging to a family; b) the child's opinion, depending on the age and degree of maturity; c) the child's history, especially considering the situations of abuse, neglect, exploitation or any other form of violence on the child, as well as the potential risk situations that may occur in the future; d) the capacity of parents or persons to deal with the growth and care of the child to meet his/her concrete needs; e) maintaining personal relationships with people to whom the child has developed attachment relationships. " 3. Article 4 is amended and shall read as follows: "" Art. 4. -For the purposes of this law, the following terms and expressions have the following meanings: a) child-the person who has not reached the age of 18, nor has acquired the full capacity of exercise, according to the law; b) family-their parents and children; c) extended family-relatives of the child, up to the fourth degree; d) substitute family-persons, other than those belonging to the extended family, including blueberries up to the fourth degree and foster carers who ensure the growth and care of the child, under the law; e) individualized protection plan-the document through which the planning of services, benefits and special protection measures of the child is carried out, based on the psychosocial evaluation of the child and his family, in order to integrate the child which has been separated from his family in a permanent stable family environment as soon as possible; f) service plan-the document through which the planning of the provision of services and benefits is carried out, based on the psychosocial assessment of the child and the family, in order to prevent abuse, neglect, exploitation, any forms of violence on the child as well as the separation of the child from his family; g) legal representative of the child-the parent or person designated, according to the law, to exercise the rights and fulfill the parental obligations to the child. " 4. After Article 7, a new article is inserted, Article 7 ^ 1, with the following contents: "" Art. 7 7 ^ 1. -In any case concerning the rights of the child, the court shall verify that the agreements between the parents or their parents with other persons respect the best interests of the child. " 5. Article 9 is amended and shall read as follows: "" Art. 9. -(1) In order to achieve the right provided in art. 8 8 para. (1), health facilities that have in the structure of nounascuti and/or pediatric wards have the obligation to hire a social worker or, as the case may be, to designate a person with social assistance duties. (2) In order to establish the identity of the child left in health facilities or found or his parents, police bodies and community public services of record of persons, competences, have the obligation to designate one or more responsible persons, who carry out, expeditiously, their steps, according to the law, for the registration of the child's birth and to transmit the identification data to the general direction of social assistance and child protection or, as the case may be, public service of social assistance. (3) Persons designated in par. (2) have the obligation to carry out the steps to establish the identity of the parents of the children left in the health facilities, in case they were identified and did not draw up the birth certificate. " 6. Article 11 (7) shall be amended and shall read as follows: "" (7) Within 24 hours of the child's birth registration, the public social assistance service shall be required to transmit to the general direction of social assistance and child protection the act of registration of the child's birth. " 7. After Article 11, a new article is inserted, Article 11 ^ 1, with the following contents: "" Art. 11 11 ^ 1. -In the situation of the child left by his parents in other health facilities, whose birth was not registered, the obligation to carry out the steps provided by law for the registration of the child's birth whose administrative-territorial area has been left, in compliance with the procedure provided for in art. 11 11. " 8. In Article 12, paragraph 1 shall be amended and shall read as follows: "" Art. 12. -(1) In the situation of the child found in the family or in a public place, as well as of the one left by the parents in other health facilities, whose birth was not registered, the obligation to carry out the steps provided by law for the registration of birth the child lies with the public social assistance service in whose administrative-territorial area the child was found or left. " 9. After Article 12, a new article is inserted, Article 12 ^ 1, with the following contents: "" Art. 12 12 ^ 1. -The methodology for carrying out the obligations of local public administration authorities, institutions and professionals involved in preventing and intervening in cases of children at risk or leaving in units sanitary/dry/specialized compartments obstetrics-gynecology and neonatology/other health facilities that provide medical services for children are approved by Government decision, at the proposal of the Ministry of Labour, Family, Social Protection and Elderly people, in collaboration with the Ministry of Regional Development and Public Administration and the Ministry of Health. " 10. In Article 13, paragraph 1 shall be amended and shall read as follows: "" Art. 13. -(1) Health facilities, social protection units, residential care services, entities without legal personality, other legal persons, as well as individuals who interns or receive in care pregnant women or children who do not possess acts on the basis of which their identity can be established are obliged to notify, within 24 hours, in writing, the authority of the local public administration in whose radius they are based or, where appropriate, their domicile, in order to establish their identity, as well as the general direction of social assistance and child protection from which belong, in order to take into account. " 11. in Article 14, after paragraph 3, two new paragraphs are inserted, paragraphs 4 and 5, with the following contents: " (4) In case of misunderstanding between parents regarding the ways of exercising the right to have personal ties with the child, the court will establish a program based on the child's age, its care and education needs, the the intensity of the affective link between the child and the parent to which he does not live, the latter's behaviour, as well as other relevant issues in each individual case. (5) The criteria provided in par. (4) will also be considered when establishing the personal relations program and with the other people with whom the child enjoyed family life. " 12. Article 15 is amended and shall read as follows: "" Art. 15. -(1) For the purposes of this law, personal relationships can be achieved by: a) meetings of the child with the parent or another person who has, according to the present law, the right to personal relations with the child; b) visit of the child to his/her c) hosting the child, for a fixed period, by the parent or by another person to whom the child does not normally live; d) correspondence or other form of communication with the child; e) the transmission of information to the child regarding the parent or other persons who have, according to the present law, the right to maintain personal relations with the child; f) the transmission by the person to whom the child lives of information regarding the child, including recent photographs, medical or school evaluations, to the parent or to other persons who have the right to maintain personal relations with the child; g) meetings of the child with the parent or another person to whom the child has developed attachment links in a neutral place in relation to the child, with or without supervision of the way in which personal relationships are maintained, depending on best interests of the child. (2) Transmission of information provided in par. ((1) lit. e) and f) will be done in compliance with the best interest of the child, as well as the special provisions regarding the confidentiality and transmission of personal information. (3) The parent to whom the child lives is required to support the maintenance of the child's personal relationships with the other parent, provided in par. ((1). (4) For the restoration and maintenance of the child's personal relations, the public social assistance service and, as the case may be, the general directions of social assistance and child protection at the level of each sector of Bucharest municipality have the obligation to provide advice, given by specialists to both the child and his parents, at their request. (5) If the parent to whom the child resides prevents or adversely affects the child's personal ties with the other parent, by non-compliance with the program established by the court or agreed by the parents, the parent lives in a steadfast manner can ask the public service of social assistance or, as the case may be, people with social assistance duties in the constituency of which the child's home is located to monitor personal relationships with the child for a duration up to 6 months. (6) The monitoring allows the representatives of the public social assistance service or, as the case may be, the persons with social assistance duties to assist in the taking of the child by the parent to whom he does not live steadfastly, upon the return it, to carry out the interviewing of parents, the child and the persons with whom the child lives, as well as other persons, in order to draw up the monitoring report. (7) At the end of the monitoring period, the representative of the public social assistance service or, as the case may be, the person with social assistance duties who prepared the report provided in par. (6) may propose to extend the monitoring period by no more than 6 months, may recommend psychological counseling of one of the parents or both, as well as a series of measures to improve the personal relationship between the child and the parent who doesn't. (8) The monitoring report referred to in par. (6) shall be handed to each of the parents and may be used as evidence in court. " 13. After Article 16, two new articles are inserted, Articles 16 ^ 1 and 16 ^ 2, with the following contents: "" Art. 16 16 ^ 1. -(1) In order to ensure the maintenance of the child's personal relationships with his parents or other persons with whom he enjoyed family life, as well as to ensure the return of the child to his home at the end of the the visit, the court may order, at the request of the interested parent or another entitled person, one or more measures of an insurance nature or of guarantees. (2) The measures provided in par. ((1) may include: a) fine on the day of delay imposed on the person who refuses the implementation or observance of the program of maintaining the child's personal relationships; b) the filing of a real or personal guarantee by the parent or person from which the child is to be taken, in order to maintain personal relations or, as the case may be, to the termination of the visiting program c) the filing of the passport or other identity document at an institution designated by the court and, when necessary, of a document showing that the person requesting personal relations has notified their submission, for the duration visit, competent consular authority. Article 16 ^ 2. -(1) If the parents do not understand about the child's home, the guardianship court will determine its home to one of them, according to art. 496 496 para. (3) of the Civil Code. When assessing the interest of the child the court may consider, outside the elements provided in art. 2 2 para. (5), and aspects such as: a) the availability of each parent to involve the other parent in decisions related to the child and to respect the parental rights of the latter; b) the willingness of each parent to allow the other to maintain personal relationships; c) the dwelling situation of the last 3 years of each parent; d) the history of the violence of the parents on the child or other persons; e) the distance between the home of each parent and the institution that provides education (2) Provisions of para. ((1) shall also apply accordingly to cases where the minor's dwelling is established in third parties or at a special protection service. " 14. Article 17 (2) shall be repealed. 15. In Article 18, paragraph 2 shall be amended and shall read as follows: " (2) The placement of children abroad is carried out in compliance with the provisions Law no. 248/2005 on the regime of free movement of Romanian citizens abroad, with subsequent amendments and completions. " 16. In Article 22, paragraph 4 shall be amended and shall read as follows: " (4) Children may not be used or exposed by parents, legal representatives, other persons responsible for their growth and care, accredited private bodies as social service providers, public or private institutions for the purpose of obtain personal/institutional advantages or influence the decisions of public authorities. " 17. In Article 27, after paragraph 1, two new paragraphs are inserted, paragraphs 1 ^ 1 and 1 ^ 2, with the following contents: "" (1 ^ 1) The child belonging to national minorities has the right to express himself in the mother tongue in the proceedings concerning him. (1 ^ 2) Ways to exercise the right provided in par. ((1), including through the use of interpreters or translations, shall be determined in such a way as to prevent the rights of all children from being carried out. " 18. In Article 29, paragraph 2 shall be amended and shall read as follows: "(2) The child shall be informed by the parent/legal representative of his rights and duties, as well as the ways of exercising and fulfilling them." 19. in Article 29, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) The duties of the child shall be determined according to the age and degree of maturity, without them leading to violations of his rights." 20. In Article 31, after paragraph (2), five new paragraphs are inserted, paragraphs 2 ^ 1,-(2 ^ 5), with the following contents: " (2 ^ 1) If both parents exercise parental authority, but do not live together, important decisions, such as those relating to the choice of teaching or professional training, complex medical treatments or interventions surgical, child's residence or administration of goods, are taken only with the consent of both parents. (2 ^ 2) If, for any reason, a parent does not express his will for the decision-making provided in par. (2 ^ 1), they shall be taken by the parent with whom the child lives, unless this is contrary to the best interest of the child. ((2 ^ 3) Both parents, whether or not they exercise parental authority, have the right to request and receive information about the child, from school facilities, health facilities or any other institutions that come into contact with the child. (2 ^ 4) A parent cannot give up the parental authority, but can be understood with the other parent about the way of exercising the parental authority, under the conditions of art. 506 of the Civil Code. (2 ^ 5) It is considered good reasons for the court to decide that the parental authority should exercise by one parent alcoholism, mental illness, drug addiction of the other parent, violence towards the child or the other parent, convictions for human trafficking offences, drug trafficking, sex life offences, crimes of violence as well as any other reason related to risks to the child, which would derive from the exercise by that parent of parental authority. " 21. In Article 35, paragraph 4 shall be amended and shall read as follows: " (4) The service plan aims to prevent abuse, neglect, exploitation and any forms of violence on the child or the separation of the child from his/her family. For this purpose, the public social assistance service or, as the case may be, the general direction of social assistance and child protection at the level of each sector of the city of Bucharest has the obligation to provide services and benefits child in the family and to support the access of the child and his family to other services. " 22. In Article 44, paragraph 2 shall be amended and shall read as follows: " (2) Parents or, as the case may be, legal representatives shall be responsible for ensuring the best living conditions necessary for the growth and development of children; parents are obliged to provide their children with housing, as well as the conditions necessary for growth, education, teaching, professional training, as well as a healthy living environment. " 23. In Article 46, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "" (2 ^ 1) In order to ensure access to education, recovery and rehabilitation, the disabled child can be schooled in another county/sector of Bucharest than the home one, with the support of expenses from the county budget/sector in which is the educational establishment. " 24. After Article 46, a new article is inserted, Article 46 ^ 1, with the following contents: "" Art. 46 46 ^ 1. -(1) The disabled child benefits from free health care, including free medicines, both for outpatient treatment and during hospitalization, under the health insurance system, under the conditions set out in the by the framework contract. (2) The parent or legal representative has the obligation to respect and/or follow the services provided for in the recovery plan for the disabled child in the degree of disability. " 25. In Article 48, paragraphs 2 and 4 shall be amended and shall read as follows: " (2) In the instructive-educational process, the child has the right to be treated with respect by the teachers, the auxiliary and administrative staff and to be informed of his rights, as well as the modalities of exercising them. Corporal punishment or other degrading treatment within the instructive-educational process are prohibited. .......................................................................... (4) Teachers have the obligation to refer to the county centers of resources and educational assistance/to the Bucharest Municipality Center for Educational Resources and Assistance cases of abuse, neglect, exploitation and any other form of violence on to the child and to report to the public social assistance service or, as the case may be, to the general direction of social assistance and child protection. " 26. In Article 51, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) At the request of the young man, expressed after the acquisition of full capacity of exercise, if he continues his studies only once in each form of education of the day, special protection is granted, under the law, for the duration of the continuation studies, but without exceeding the age of 26. (3) The young man who has acquired full exercise capacity and has benefited from a special protection measure, but who does not continue his studies and does not have the possibility of returning to his own family, being faced with the risk of social exclusion, benefit, on request, for a period of up to 2 years, of special protection, in order to facilitate its social integration. This right is lost if proof is made that the young man was offered a job and/or home at least twice, and he refused them or lost them for reasons attributable to him. " 27. Article 54 is amended and shall read as follows: "" Art. 54. -(1) The General Directorate of Social Assistance and Child Protection shall be required to draw up the individualized plan of protection within 30 days after receipt of the request for the establishment of a special protection measure or immediately after the director of the general Directorate of Social Assistance and Child Protection ordered the placement as a matter of urgency. (2) In the case of the child for whom the guardianship was established, the provisions ((1) are not applicable. (3) When establishing the objectives of the individualized protection plan, priority shall be given to the reintegration of the child into the family, and if this is not possible, it will proceed to the opening of the (4) Reintegration of the child into the family as the objective of the individualized protection plan is established with the mandatory consultation of parents and extended family members who could be found. (5) The opening of the internal adoption procedure is carried out under the special law, adoption as objective of the individualized plan of protection by establishing without consulting the parents and extended family members. (6) The individualized protection plan may provide for the placement of the child in a residential-type service, only if the guardianship could not be instituted or could not be disposed of the extended family placement, to a maternal assistant or to another person or family, under the conditions of this law. " 28. Article 56, point d) is amended and shall read as follows: "d) the child found or the child left in health facilities;" 29. Article 62 is amended and shall read as follows: "" Art. 62. -(1) Rights and parental obligations to the child shall be maintained for the duration of the measure of the placement ordered by the child protection committee. (2) The rights and parental obligations to the child shall be maintained for the duration of the measure of the placement ordered by the court in the situation of the child provided in art. 56 lit. b) and e), when there is no agreement of the parents or, as the case may be, of one of the parents, for the establishment of this measure, if in order to respect the best interest of the child the court does not have otherwise, depending on (3) Rights and parental obligations to the child for the duration of the measure of the placement ordered by the court in the situation of the child provided in art. 56 lit. a), as well as in the situation of the child provided for 56 lit. c) and d) are exercised by the director of the general directorate of social assistance and child protection. ((4) The provisions of the legislation in force regarding the right of the natural parent to consent to the adoption of the child shall be applied accordingly. " 30. Article 63 is amended and shall read as follows: "" Art. 63. -(1) The Commission for the protection of the child or, as the case may be, the court that ordered the child's placement under the conditions of this law shall determine, if applicable, the amount of the monthly contribution of the parents to its maintenance, the Civil Code. The amounts thus collected are income to the county budget, respectively to that of the Bucharest municipality sector, where the child comes from. (2) If the payment of the contribution to the child's maintenance is not possible, the court obliges the able-bodied parent to provide between 20 and 40 hours monthly for each child, actions or works of local interest, during the application of the protection measure special, within the administrative-territorial area where he has his domicile or residence (3) The actions and works provided in par. (2) are included in the plan of actions or works of local interest, drawn up according to the legal provisions in force. " 31. In Article 64, paragraph 1 shall be amended and shall read as follows: "" Art. 64. -(1) The placement as a matter of urgency is a special protection measure, of a temporary nature, which is established for the child in the following situations: a) abused, neglected or subjected to any form of violence; b) found or left in health facilities. " 32. In Article 64, after paragraph 1, two new paragraphs are inserted, paragraphs 1 ^ 1 and 1 ^ 2, with the following contents: " (1 ^ 1) The emergency placement may also be ordered in the case of the child whose sole legal protector or both have been detained, arrested, hospitalized or in a situation where, for any other reason, they cannot exercise their rights and obligations. parental about the child. (1 ^ 2) The authority, institution or unit that has decided or ordered one of the measures provided for in par. (1 ^ 1) which led to the stay of a minor without parental protection or who, as the case may be, receives or hosts a person who he knows is the only legal protector of a child has the obligation to inform, as soon as possible, the general direction of social assistance and the protection of the child in whose constituency the child resides about his or her legal status. " 33. In Article 64, paragraph 3 shall be amended and shall read as follows: " (3) For the duration of the emergency placement, the exercise of parental rights shall be suspended, until the court decides on the maintenance or replacement of this measure and on the exercise of the rights Parental. During the period of suspension, parental rights and obligations regarding the person of the child are exercised and, respectively, fulfilled by the person, family, maternal assistant or head of the residential type service who received the child in emergency placement, and those regarding the child's property are exercised and, respectively, carried out by the director of the general directorate of social assistance and child protection. " 34. Article 65 (1) shall be amended and shall read as follows: "" Art. 65. -(1) The measure of the emergency placement shall be established by the director of the general directorate of social assistance and child protection from the administrative-territorial unit in which the child is found in the situations provided in art. 64 64 para. ((1), if no opposition is met from representatives of legal entities, as well as individuals who have in care or ensure the protection of that child. 64 64 para. ((1 ^ 1), the measure of emergency placement shall be determined by the Director of the Directorate-General for Social Assistance and Child Protection. " 35. In Article 66, paragraph 1 shall be amended and shall read as follows: "" Art. 66. -(1) In the situation of the emergency placement ordered by the director of the general directorate of social assistance and child protection, she is obliged to notify the court within 5 days from the date she ordered this measure. ' 36. In Article 66, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) If the circumstances that were the basis for establishing the measure of the placement as a matter of urgency are no longer maintained, the director of the general directorate of social assistance and the protection of the child may order, within the period provided in par. ((1), the revocation of the investment measure as a matter of urgency. " 37. In Article 66, paragraph 2 shall be amended and shall read as follows: " (2) The court will consider the reasons behind the measure adopted by the general direction of social assistance and child protection and will order the cessation of the placement as a matter of urgency and, as the case may be, the reintegration of the child into his family, the replacement of the emergency placement with guardianship or the placement. The court will also rule on the exercise of parental rights. " 38. in Article 69, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) The proposal for the termination of the protection measure and the reintegration into the family is necessarily accompanied by documents showing the participation of parents in counseling sessions, so that the reintegration is carried out in the best conditions. " 39. Article 70 is amended and shall read as follows: "" Art. 70. -Upon termination of special protection measures through the reintegration of the child into his family, the public social assistance service, organized at the level of municipalities and cities, persons with social assistance duties from the specialized apparatus of the mayor, as well as the general direction of social assistance and child protection, in the case of the sectors of Bucharest, from his home, as the case may be, from the parents ' residence, are obliged to follow the evolution of the child and how parents exercise their rights and fulfil their obligations with look at the baby For this purpose, they shall draw up monthly reports for a minimum period of 6 months. " 40. in Article 80, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The parents of the child who perform criminal acts and are not criminally liable are required to attend the counseling sessions carried out by the general direction of social assistance and child protection, based on a personalized program of psychological counseling. " 41. in Article 84, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The child who committed an act provided for by the criminal law and who does not respond criminally will be accompanied and assisted by a psychologist or social worker, designated by the general direction of social assistance and child protection at any stage of criminal investigation. " 42. The title of Chapter VI is amended and shall read as follows: "" CHAPTER VI Child protection against abuse, neglect, exploitation and any form of violence " 43. In Article 85, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 85. -(1) The child has the right to be protected against abuse, neglect, exploitation, trafficking, illegal migration, abduction, violence, pornography through the Internet, as well as any forms of violence, regardless of the environment in which it is located: family, educational, medical, protection, crime research and rehabilitation/detention, internet, media, employment, sports, community, etc. (2) Any natural or legal person, as well as the child may refer the general direction of social assistance and child protection in the county/home sector to take appropriate measures to protect him against any forms of violence, including sexual violence, injury or physical or mental abuse, ill-treatment or exploitation, abandonment or negligence. " 44. In Article 87, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 87. -(1) The child has the right to be protected against exploitation and cannot be compelled to work or domestic activity or outside the family, including in educational, special protection, re-education and detention facilities or in the field of cultural, artistic, sporting, advertising and modeling, which carries a potential risk or that is likely to compromise its education or harm its health or physical, mental, spiritual, moral or social development. (2) Any practice by means of which a child is given by one or both parents or by his legal representative, in exchange for a reward, debts or not, with the purpose of exploitation of the child through work. " 45. After Article 87, a new article is inserted, Article 87 ^ 1, with the following contents: "" Art. 87 87 ^ 1. -(1) Children's provision of paid activities in the cultural, artistic, sports, advertising and modeling fields provided in art. 87 87 para. (1) is subject to the prior information of the public social assistance service at the child's home. (2) The working conditions for the situations referred to in par. (1) and the modalities of the prior information procedure shall be established by Government decision. " 46. Article 89 is amended and shall read as follows: "" Art. 89. -(1) By child abuse is understood any voluntary action of a person who is in a relationship of responsibility, trust or authority towards him, through which life, physical, mental, spiritual, moral development, or social, bodily integrity, physical or mental health of the child and classifies as physical, emotional, psychological, sexual and economic abuse. (2) By neglect of the child is understood the omission, voluntary or involuntary, of a person who has the responsibility of raising, caring or educating the child to take any action that this responsibility entails, which endangers life, physical, mental, spiritual, moral or social development, bodily integrity, physical or mental health of the child and can dress several forms: food, clothing, neglect of hygiene, medical neglect, educational neglect, emotional neglect or leaving child/family abandonment, which is the most serious form of neglect. " 47. Article 90 is amended and shall read as follows: "" Art. 90. -It is forbidden to commit any act of violence, as well as depriving the child of his rights likely to endanger life, physical, mental, spiritual, moral or social development, bodily integrity, physical or mental health of the child, both in the family and in the institutions that ensure the protection, care and education of children, in health facilities, educational establishments, as well as in any other public or private institution providing services or carrying out activities with children. " 48. After Article 91, a new article is inserted, Article 91 ^ 1, with the following contents: "" Art. 91 91 ^ 1. -Parents or legal representatives have the obligation to supervise the child and to take all measures to prevent the child from being facilitated or practised. " 49. Article 92 is amended and shall read as follows: "" Art. 92. -In order to ensure compliance with the right provided for in 85 85 para. (1), the general direction of social assistance and child protection shall be: a) to verify and resolve all complaints regarding possible cases of abuse, neglect, exploitation and any form of violence on the child; b) ensure the provision of the services provided in art. 107, specialized for the needs of children, victims of abuse or neglect, and of their families. " 50. In Article 94, paragraph 4 shall be amended and shall read as follows: "" (4) Within 5 days from the date of execution of the presidential order ordering the placement as a matter of urgency, the general direction of social assistance and child protection shall refer the matter to the court to decide on: the replacement of the placement as a matter of urgency with the measure of the placement, the decay in the exercise of parental rights, as well as the exercise of parental rights. The court also rules on the obligation of the child's parents to appear at counseling sessions. " 51. In Chapter VI, after section 3 a new section is inserted, section 3 ^ 1-a, comprising Articles 97 ^ 1 to 97 ^ 5, with the following contents: " SECTION 3 ^ 1 -a Child protection with parents going to work abroad Art. 97 ^ 1. -(1) The parent who exercises the parental authority alone or where the child lives, who are to go to work abroad, has the obligation to notify this intention to the public social assistance service at home, with a minimum of 40 days before leaving the country. (2) The notification will necessarily contain the designation of the person in charge of the maintenance of the child during the absence of his parents or guardian, as the case may be. ((3) The confirmation of the person in which the child will remain shall be carried out by the guardianship court, in accordance with the provisions of this law (4) The provisions of this Article are also applicable to the guardian, as well as if both parents are to go to work in another state. Article 97 ^ 2. -(1) Person designated according to art. 97 ^ 1 para. (2) must be part of the extended family, be at least 18 years old and meet the material conditions and moral guarantees necessary for the growth and care of a child. (2) Public social assistance services organized at the level of municipalities, cities, communes provide designated persons counseling and information on the responsibility for raising and ensuring the development of the child for a period of 6 Monday. (3) The court will order the temporary delegation of the parental authority regarding the person of the child, during the absence of parents, but not more than one year, to the person designated according to art. 97 ^ 1 para. ((3). (4) The agreement of the person to whom the parental authority is to be delegated shall be expressed by this staff, before the court. (5) On request, documents showing the fulfilment of the conditions provided in par. ((1). (6) The application shall be settled in the non-contentious procedure, according to the Code of Civil Procedure. The resolution of the request for delegation of parental rights and duties shall be made within 3 days of its submission. (7) The decision will include the express mention of the rights and duties that are delegated and the period for which the delegation takes place. (8) For the situation referred to in par. (2), after the court decides to delegate parental rights, the person in charge of whom the child care and growth fall must follow, mandatory, a counseling program, in order to prevent situations of conflict, non-adaptation or negligence in relation to the minor. (9) The court will communicate a copy of the delegation decision to the mayor from the home of his parents or guardian, as well as to the mayor of the home of the person to whom the delegation of the parental authority is granted. Article 97 ^ 3. -Local public administration authorities, through social assistance services, can initiate, within the limits of the state budget or local budgets and within the income and expenditure budgets provided with this destination, information campaigns of parents, in order to: a) parents ' awareness of the risks assumed by their departure to work abroad; b) informing parents about their obligations in the situation in which they intend to go abroad. Article 97 ^ 4. -The procedure for monitoring the mode of growth and care of the child with parents working abroad, as well as the services they can benefit from are established by Government decision, at the proposal of the Ministry of Labor, Family, Social Protection and Elderly, in collaboration with the Ministry of Regional Development and Public Administration. Article 97 ^ 5. -The public social assistance service and the county center of resources and educational assistance have the obligation to develop specialized counseling services intended for the child who returned to the country, after a period of stay abroad with of parents of more than one year. " 52. In Article 104, after paragraph 2, two new paragraphs shall be inserted, paragraphs 3 and 4, with the following contents: " (3) The President, the Vice-Chair and the members of the Child Protection Committees, as well as their secretary, constituted according to the law, are entitled to a sitting allowance equivalent to 1% of the county council president's allowance, respectively of the sector mayor. (4) The allowance shall be borne from the budget of the county, respectively of the sector of Bucharest, within the limits of the budgetary appropriations approved with this destination and with the maximum classification of personnel expenses, established by law. " 53. After Article 105 a new article is inserted, Article 105 ^ 1, with the following contents: "" Art. 105 105 ^ 1. -The Directorate-General for Social Assistance and Child Protection shall exercise, in the field of protection and promotion of the rights of the child, a) coordinate the activities of social assistance and protection of the family and the rights of the child at the county level, respectively of the Bucharest municipality sector; b) coordinate, at the county level, the activities and measures to implement the objectives of the county strategy in the field of protection and promotion of the c) ensure the methodological guidance of the activities of public social assistance services; d) ensure, at the county level, the unitary application of the provisions of the legislation in the field of protection and promotion e) monitor and analyze the observance of the rights of the child in the county/sector and propose measures for situations in which they are violated f) monitors the authorized activity according to art 87 ^ 1 performed by children in the cultural, artistic, sports, advertising and modeling fields, within its territorial competence; g) request information and documents, under the law, from any public or private legal person or from individuals involved in its sphere of competence, these having the obligation to make them available within 15 days calendar from the date of the request. " 54. In Article 106 (1), points a) and g) shall be amended and shall read as follows: " a) monitor and analyse the situation of children in the administrative-territorial unit, as well as how to respect the rights of children, ensuring the centralisation and synthesizing of relevant data and information, on the basis of a monitoring record approved by order of the Minister of Labour, Family, Social Protection and Elderly; ..................................................................... g) visit, periodically, at home, families and children who benefit from services and benefits and follow the use of benefits, as well as families who have children in care with parents who go to work abroad. " 55. In Article 106 (1), after letter j) a new letter, letter k) is inserted, with the following contents: " k) follow the implementation of the decisions of the commission for the protection of the child/court of guardianship regarding the provision of local interest actions or works, provided in art. 63 63 para. ((2). ' 56. In Article 106, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The working methodology on the collaboration between the general directorates of social assistance and child protection and public social assistance services, as well as the standard model of documents elaborated by them are approved by decision of the Government, at the proposal of the Ministry of Labour, Family, Social Protection and Elderly, in collaboration with the Ministry of Regional Development and Public Administration. " 57. After Article 109, a new article is inserted, Article 109 ^ 1, with the following contents: "" Art. 109 109 ^ 1. -(1) Children and persons who are at least 18 years of age, have full capacity of exercise, domicile in Romania and who have moral guarantees and material conditions necessary for the growth and care of the child separately, temporarily or definitively by his parents. (2) When establishing the placement measure for families and persons, the general direction of social assistance and child protection shall take steps to identify the extended family members with whom the child enjoyed family life, in to consult and involve them in setting/reviewing the objectives of the individualized protection plan. (3) The activity of the person attested as a maternal assistant, under the law, is carried out on the basis of a special contract, related to the protection of the child, concluded with his direction with an accredited private body, which has the following elements characteristic: a) the activity of growth, care and education of children in foster care is carried out at home; b) the working hours are required by the children's needs; c) the planning of the free time is based on the program of the family and children in foster care; d) during the period of carrying out the legal leave of rest ensures the continuity of the activity carried out, unless the separation, during this period, from the child in foster care in his family is authorized by the direction. (4) The individual employment contract shall be concluded at the date of issue of the provision of the director of establishment of the measure of placement as a matter of urgency or of the decision of the commission for the protection of the child/court regarding the establishment of the 58. In Article 110, paragraph 2 shall be amended and shall read as follows: "(2) The category of residential services includes all services that provide hosting for a period of more than 24 hours." 59. In Article 113, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " (3) The private bodies that organize and develop services to prevent the separation of the child from his family, as well as special protection services of the child deprived, temporarily or permanently, of the protection of his parents are required to notify the general direction of social assistance and the protection of the child when they start their actual operation and to allow the access of the specialists of the directorate to the premises where (4) Accredited private bodies may conclude collaboration agreements with the general directorates of social assistance and child protection and/or with public social assistance services or may contract services intended to prevent child separation by his parents, as well as the special protection of the child separately, temporarily or permanently, by his parents, under the law. " 60. In Article 118, paragraph 1 shall be amended and shall read as follows: "" Art. 118. -(1) The prevention of the separation of the child from his family, as well as the special protection of the child deprived, temporarily or definitively, of the protection of his parents shall be financed from a) the state budget-within the limit of the amounts broken down from some state budget revenues approved with this destination by the annual budgetary laws, distributed by county, according to the proposals made by the Ministry of Labor, Family, Social Protection and Elderly, based on the cost standards for social services, approved by Government decision; b) the budget of the county, respectively of the Bucharest municipality sector-in addition to the amount provided in a), in order to cover the expenses of organization and functioning of the services, from their own income or from amounts broken down from some state budget revenues for balancing local budgets; c) the local budget of the communes, towns and municipalities; d) donations, sponsorships and other private forms of monetary contributions, permitted by law. " 61. In Article 119, paragraph 1 shall be amended and shall read as follows: "" Art. 119. -(1) For each child to whom the placement measure was taken, a monthly placement allowance shall be granted, relative to the reference social indicator, in the amount of 0,194 ISR. This allowance also benefits the child for whom the guardianship was established, under the law. " 62. In Article 119, after paragraph 3, two new paragraphs are inserted, paragraphs 4 and 5, with the following contents: " (4) For the children for whom the measure of the placement was established or the guardianship was established, the establishment of the right to allowance provided in par. ((1) shall be made from the month following that in which the provision of the head of the general direction of social assistance and protection of the child was issued or the decision of the commission for the protection of the child or the court, as (5) The procedure for determining and paying the allowance provided in par. (1) shall be established by order of the Minister of Labour, Family, Social Protection and Elderly. " 63. Article 120 is amended and shall read as follows: "" Art. 120. -(1) Children and young people for whom a special protection measure has been established, as well as mothers protected in maternity centres are entitled to food, clothing, shoes, hygienic-sanitary materials, supplies/manuals, toys, transport, materials cultural-sports, as well as amounts of money for personal needs. (2) The need for clothing, shoes, hygienic-sanitary materials, supplies/manuals, toys, cultural-sports materials is established according to the age and needs of the child, by decision of the county council, respectively of the local councils of the sectors of Bucharest or, as the case may be, of the governing body of the accredited private body. (3) In the case of children with disabilities, infected with HIV or AIDS, the amount of the amounts necessary to grant the rights provided in (1) shall be increased by 50%, in relation to the amounts granted. ((4) Children and young people for whom a special protection measure has been established, as well as mothers protected in maternity centres are entitled, when leaving the special protection system, to an allowance that is granted only once, equal to the value of the minimum gross basic salary per country, guaranteed in payment, established according to the law. (5) The amount of the rights provided in par. (1) for children in public services intended to prevent the separation of the child from his parents and the special protection of the child separately, temporarily or permanently, by his parents shall be established by Government decision and indexed, periodically, with inflation rate. " 64. In Article 125, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) The presidential order of placing the child as a matter of urgency in a person, family, maternal assistant or in a residential type service, licensed under the law, is given on the same day, the court ruling on the measure requested on the basis of the application and the documents submitted, without the conclusions 65. Article 130 (2) shall be repealed. 66. In Article 134, paragraph 2 shall be amended and shall read as follows: " (2) Failure to comply with the obligation provided for in 36 36 para. ((3), art. 87 87 para. (3) first sentence and art. 106 106 para. ((1) lit. a) constitutes disciplinary misconduct. " 67. Article 135 is amended and shall read as follows: "" Art. 135. -(1) It constitutes the following facts, if not committed under such conditions that, according to the law, to be considered crimes: a) non-compliance with the obligation provided 9 9 para. ((1); b) non-compliance with the obligation provided 9 9 para. ((2); c) non-compliance with the obligations provided 10 10 para. ((1) and (3); d) non-compliance with the obligation provided 11 11 para. ((1); e) non-communication, by police bodies, of the results of specific checks on the identity of the mother, in accordance with the provisions of art. 11 11 para. ((3); f) non-performance, by the public social assistance service, of the declaration of birth registration, in accordance with the provisions of art. 11 11 para. ((6); g) non-compliance with the obligation provided 11 11 para. ((7); h) non-compliance with the obligation provided 12 12 para. ((1); i) non-compliance with the obligations provided 13 and to art. 18 18 para. ((3); j) non-compliance with 22 22 para. ((2)-(4) and art. 83 83; k) non-compliance with 35 35 para. ((1) and (4); l) non-compliance with 48 48 para. ((2); m) non-compliance with 70 70; n) non-compliance with 80 80 para. ((3); o) non-compliance with 87 87 para. ((2); p) non-compliance with 91 91 ^ 1; r) non-compliance with the obligation provided 92 lit. a); s) non-compliance with the obligation provided 96 96; s) non-compliance with the obligation provided 97 ^ 1 para. ((1); t) non-compliance with 106 106 para. ((1) lit. c)-k); t) non-compliance with 118 118 para. ((1) lit. b). (2) Contraventions provided in par. ((1) shall be sanctioned as follows: a) with a fine of 500 lei per 1,000 lei, those provided in lett. a), c), g), h), i), k), m), n), o), r), s), s); b) with a fine of 1,000 lei to 2,500 lei, those provided in lett. f) and l); c) with a fine of 2,500 lei to 5,000 lei, those provided in lett. b), d), p) and t); d) with a fine of 5,000 lei to 10,000 lei, those provided in lett. e), j) and t). (3) The finding of contraventions and the application of the sanction shall be made by the police officers and agents, in case of contraventions provided in par. ((1) lit. i), j), o) and p), as well as of specific persons designated among those with control powers of: a) Ministry of Health, for the contraventions provided in par. ((1) lit. a), c) and d); b) The Ministry of Internal Affairs or its subordinate structures, as the case may be, for the contraventions provided in ((1) lit. b) and e); c) Ministry of Labour, Family, Social Protection and Elderly, for the contraventions provided in par. ((1) lit. h), k), m), n), r), s), s), t) and t); d) Ministry of National Education, for the contravention provided in par. ((1) lit. l); e) the county council, respectively the local council of the Bucharest municipality sector, for the contraventions provided in par. ((1) lit. f) and g). " 68. Article 148 (6) shall be repealed. 69. Throughout the law, the words "abuse or neglect", "abuse or neglect", "abused or neglected", "abuse and exploitation" are replaced by the phrases "abuse, neglect, exploitation and any form of violence on the child", " abuse, neglect, exploitation and any form of violence on the child "," abused, neglected, exploited and subjected to any form of violence on the child "," abuse, neglect, exploitation and any form of violence on the child ". 70. Throughout the law, the phrase "National Authority for the Protection of Children's Rights" is replaced by the phrase "Ministry of Labour, Family, Social Protection and Elderly". + Article II Government decisions provided for in art. 12 ^ 1, art. 87 ^ 1 para. ((2), art. 97 97 ^ 4 and art. 106 106 para. ((3) of Law no. 272/2004 on the protection and promotion of the rights of the child, as amended, as well as with the amendments and completions brought by this law, shall be adopted within 90 days from the date of entry into force of this Law. + Article III The date of entry into force of this Law shall be repealed Law no. 326/2003 on the rights enjoyed by children and young people protected by specialised public services for the protection of the child, mothers protected in maternity centres, as well as children entrusted or given in foster care professionals, published in the Official Gazette of Romania, Part I, no. 525 of July 22, 2003, with subsequent amendments and completions, except art. 2 2 para. ((1). + Article IV Until the approval of the law on the organization and functioning of the guardianship court, the duties assigned to it under this law are fulfilled by the court. + Article V Law no. 272/2004 on protection and promotion of children's rights, published in the Official Gazette of Romania, Part I, no. 557 of June 23, 2004, as amended, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALERIU-STEFAN ZGONEA SENATE PRESIDENT GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, 26 September 2013. No. 257. ________