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Law No. 272 Of 21 June 2004 (Republished) On The Protection And Promotion Of The Rights Of The Child *)

Original Language Title:  LEGE nr. 272 din 21 iunie 2004 (*republicată*) privind protecţia şi promovarea drepturilor copilului*)

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LEGE no. 272 272 of 21 June 2004 (* updated *) (* *republished) on the protection and promotion of children's rights ((updated until 12 August 2016 *)
ISSUER PARLIAMENT




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** **) Republicated pursuant to art. V of Law no. 257/2013 to amend and supplement Law no. 272/2004 on protection and promotion of children's rights, published in the Official Gazette of Romania, Part I, no. 607 607 of 30 September 2013, giving the texts a new numbering.
Law no. 272/2004 on the protection and promotion of children's rights was published in the Official Gazette of Romania, Part I, no. 557 557 of 23 June 2004 and has been amended by Law no. 71/2011 for the implementation of Law no. 287/2009 on the Civil Code, published in the Official Gazette of Romania, Part I, no. 409 of 10 June 2011, corrected in the Official Gazette of Romania, Part I, no. 489 489 of 8 July 2011, as amended and supplemented, by Law no. 197/2012 on quality assurance in the field of social services, published in the Official Gazette of Romania, Part I, no. 754 of 9 November 2012, as amended, and by Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, corrected in the Official Gazette of Romania, Part I, no. 117 of 1 March 2013, as amended.
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+ Chapter I General provisions and definitions + Article 1 (1) This law regulates the legal framework on respect, promotion and guarantee of the rights of (2) Public authorities, authorized private bodies, as well as natural persons and legal persons responsible for the protection of the child are obliged to respect, promote and guarantee the rights of the child established by the Constitution and law, consistent with the provisions of the United Nations Convention on the Rights of the Child, ratified by Law no. 18/1990 , republished, as amended, and of the other international acts in the matter to which Romania is a party. + Article 2 (1) The present law, any other regulations adopted in the field of respect and promotion of the rights of the child, as well as any legal act issued or, as the case may be, concluded in this field shall be subject to the priority the child. (2) The upper interest of the child is circumscribed to the child's right to a normal physical and moral development, to socio-affective balance and to family life. (3) The principle of the best interests of the child is also imposed in relation to the rights and obligations of the child's parents, other legal representatives of the child, as well as any persons to whom he was lawfully placed. (4) The principle of the best interests of the child will prevail in all steps and decisions concerning children, undertaken by the public authorities and authorized private bodies, as well as in the cases dealt with by the courts. (5) Persons referred to in par. (4) are obliged to involve the family in all decisions, actions and measures regarding the child and to support the care, growth and training, development and education of it within the family. (6) 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. + Article 3 The provisions of this law benefit: a) children Romanian citizens on the territory of Romania; b) children Romanian citizens abroad; c) children without citizenship on the territory of Romania; d) children who request or benefit from a form of protection under the legal regulations regarding the status and regime of refugees in Romania; e) children foreign citizens located on the territory of Romania, in emergency situations found, under the conditions of this law, by the competent Romanian public authorities. + Article 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 towards the child. + Article 5 (1) Children have the right to protection and assistance in the realization and full exercise of their rights, under the conditions of this law. (2) The responsibility for raising and ensuring the development of the child lies primarily with the parents, with the obligation to exercise their rights and to fulfill their obligations to the child taking into account the higher interest of the child it. (3) In the alternative, the responsibility lies with the local community which includes the child and his family. Local public administration authorities have the obligation to support parents or, as the case may be, another legal representative of the child in carrying out their obligations regarding the child, developing and ensuring for this purpose diversified services, accessible and quality, corresponding to the child's needs (4) The intervention of the state is complementary; the state ensures the protection of the child and guarantees the respect of all its rights through the specific activity carried out by the state institutions and public authorities with attributions + Article 6 Respect and guarantee of the rights of the child shall be carried out a) respect and promotion with priority of the best interests of the child; b) equality of opportunity and non-discrimination; c) accountability of parents regarding the exercise of rights and fulfillment of parental obligations; d) the paramount of the parents ' responsibility for respecting and guaranteeing the rights of the child e) decentralization of child protection services, multisectoral intervention and partnership between public institutions and authorized private bodies; f) ensuring individualized and personalized care for each child; g) respect for child's dignity; h) listening to the child's opinion and considering it, taking into account his age and degree of maturity; i) ensuring stability and continuity in the care, growth and education of the child, taking into account its ethnic, religious, cultural and linguistic origin, in case of taking a protective measure; j) speed in making any decision on the child; k) ensuring protection against abuse, neglect, exploitation and any form of violence on the child; l) interpretation of each legal rule relating to the rights of the child in correlation with all the regulations in this matter. + Article 7 The rights provided by this law are guaranteed to all children without any discrimination, regardless of race, color, sex, language, religion, political opinion or other opinion, nationality, ethnic affiliation or social origin, of the situation material, the degree and the type of a deficiency, the status at birth or the acquired status, the difficulties of training and development or other gender of the child, parents or other legal representatives or any other distinction. + Article 8 In any case that concerns rights of the child, the court checks whether the agreements between the parents or their parents with other persons respect the best interest of the child. + Chapter II Child rights + Section 1 Civil rights and freedoms + Article 9 (1) The child has the right to establish and maintain his identity. (2) The child is registered immediately after birth and has from this date the right to a name, the right to acquire a citizenship and, if possible, to know his parents and to be cared for, raised and educated by them. (3) Parents choose the name and surname of the child, under the law. (4) The child has the right to retain his/her citizenship, name and family relations, under the conditions provided by law, without any interference. (5) If a child is found to be unlawfully deprived of the constituent elements of his identity or some of them, the institutions and public authorities shall be obliged to take all necessary measures to re-establish Child identity + Article 10 (1) In order to achieve the right provided in art. 9 9 para. (1), health facilities that have in the structure of newborn 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. + Article 11 (1) The medical certificate of birth, both for the child born alive and for the child born dead, shall be drawn up within 24 hours of birth. (2) The liability for fulfilling the obligation provided in par. (1) returns to the doctor who has assisted or found the birth and the chief of the section. (3) When the birth took place outside the health facilities, the family doctor having the registered office in the territorial area where the birth took place is obliged, at the request of any person, within 24 hours, to find the birth of the child, after which to draw up and issue the medical certificate of birth of the child, even if the mother is not registered on the list of his/her cabinet. + Article 12 (1) If the child is left by the mother in the maternity ward, the medical unit has the obligation to notify by phone and in writing the general direction of social assistance and child protection and police bodies, within 24 hours of finding the mother's disappearance. (2) Within 5 days from the referral provided in par. ((1), a report shall be drawn up on the finding of the child's leaving, signed by the representative of the general directorate of social assistance and child protection, the representative of the police and of the maternity ward; discharge, based on the minutes, the general direction of social assistance and child protection will determine the measure of the placement as a child emergency. (3) Within 30 days of the preparation of the minutes, the police are obliged to undertake specific checks on the mother's identity and to communicate the result of these checks to the general direction of social assistance and protection the child. (4) If the mother is identified, the general direction of social assistance and child protection will ensure the counseling and support of the child in order to carry out the steps related to the preparation of the birth act. (5) If, following police checks, it is not possible to identify the mother, the general direction of social assistance and child protection shall transmit to the public social assistance service in whose radius The administrative-territorial certificate was the birth of the file containing the medical certificate of birth, the minutes provided in par. (2), emergency placement provision and police response with the result of checks. (6) Within 5 days from the receipt of the documentation provided in par. (5), the public social assistance service has the obligation to obtain the provision of the child's name and surname, in accordance with the provisions Law no. 119/1996 on civil status documents, republished, with subsequent amendments and completions, and to make the declaration of birth registration at the competent civil status service. (7) Within 24 hours from the registration of the child's birth, the public social assistance service has the obligation to transmit to the general direction of social assistance and child protection the act of registration of the child's birth. + Article 13 In the situation of the child 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 the child's birth whose administrative-territorial area has been left, in compliance with the procedure provided for in art. 12. + Article 14 (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. (2) The forensic expertise required for the child's birth registration is free of charge. + Article 15 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. + Article 16 (1) Health facilities, social protection units, residential care services, entities without legal personality, other legal entities, 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 may 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 applicable, 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 stand out. (2) The one who takes a child to care for or temporarily protect, until the establishment of a protection measure under the law, has the obligation to maintain it and, within 48 hours, to announce the authority of the local public administration in whose the territorial area is based or domiciled. + Article 17 (1) The child has the right to maintain personal relationships and direct contacts with parents, relatives, as well as other persons to whom the child has developed attachment links. (2) The child has the right to know his relatives and to maintain personal relationships with them, as well as with other people with whom the child has enjoyed family life, insofar as this does not contravene his superior interest. (3) Parents or another legal representative of the child may not prevent his or her personal relationships with grandparents, brothers and sisters or other persons with whom the child has enjoyed family life than in cases where the court decides in this regard, appreciating that there are thorough reasons for the nature of the child's physical, mental, intellectual or moral development. (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 according to 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. + Article 18 (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, with or without supervision of the way in which personal relationships are maintained, depending on the best interest the child; ---------- Lit. c) a par. ((1) of art. 18 18 has been amended by section 4.2 1 1 of art. unique from LAW no. 52 52 of 30 March 2016 published in MONITORUL OFFICIAL no. 253 253 of 5 April 2016. 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 one of the parents prevents or adversely affects the child's personal ties with the other parent, by failing to comply with the program established by the court or agreed by the parents, the other parent may ask the service public 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 of up to 6 months. ---------- Alin. ((5) of art. 18 18 has been amended by section 2 2 of art. unique from LAW no. 52 52 of 30 March 2016 published in MONITORUL OFFICIAL no. 253 253 of 5 April 2016. ((6) The monitoring allows the representatives of the public social assistance service or, as the case may be, persons with social assistance duties, to assist in the taking of the child by the parent to whom he does not live steadfastly, at the visits performed at the child's home by the parent who does not live with him, as well as the return of the child by the parent who does not live with him At the same time, monitoring allows representatives of the public social assistance service or, as the case may be, people with social assistance duties to attend and during the child's hosting by the parent to whom the child does not live ordinary, if the court ordered the monitoring by a final sentence. The provisions of the second sentence shall also be applied accordingly in the situation referred to in par. ((1) lit. g). ---------- Alin. ((6) of art. 18 18 has been amended by section 2 2 of art. unique from LAW no. 52 52 of 30 March 2016 published in MONITORUL OFFICIAL no. 253 253 of 5 April 2016. ((6 ^ 1) On the occasion of monitoring, representatives of the public social assistance service or, as the case may be, persons with social assistance attributions may realize the interviewing of parents, child, persons with whom the child relates in situations provided in par. ((1) lit. c) and g), as well as other persons whose interviewing is appreciated to be useful in order to draw up the monitoring report. ---------- Alin. (6 ^ 1) of art. 18 18 has been introduced by section 3 3 of art. unique from LAW no. 52 52 of 30 March 2016 published in MONITORUL OFFICIAL no. 253 253 of 5 April 2016. (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. + Article 19 (1) The child who was separated from both parents or one of them by a measure ordered under the law has the right to maintain personal relationships and direct contacts with both parents, except in the event that this contradicts the best interests of the child (2) The court, taking into account, as a matter of priority, the best interests of the child, may limit the exercise of this right, if there are thorough reasons such as to endanger the physical, mental, spiritual, moral or social development of the child. + Article 20 (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 period of hosting, as well as to prevent the prevention of taking over the child, at the end of hosting at the home of the parent who does not live with the child, 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. The provisions of the thesis shall also be applied accordingly in the situation provided for in art. 18 18 para. ((1) lit. g). ---------- Alin. ((1) of art. 20 20 has been amended by section 4 4 of art. unique from LAW no. 52 52 of 30 March 2016 published in MONITORUL OFFICIAL no. 253 253 of 5 April 2016. (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 21 (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. (6), 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 in which the minor's dwelling is established in third parties or at a special protection service. + Article 22 The child whose parents live in different states has the right to maintain personal relationships and direct contacts with them, unless this is contrary to the best interest of the child. + Article 23 (1) Children not accompanied by parents or by another legal representative or who are not found under the legal supervision of persons have the right to be provided, as soon as possible, to return with their legal representatives. (2) The placing of children abroad is carried out in compliance with the Law no. 248/2005 on the regime of free movement of Romanian citizens abroad, with subsequent amendments and completions. (3) Parents or, as the case may be, another person responsible for the supervision, growth and care of the child are obliged to notify to the police his disappearance from home, no later than 24 hours after the disappearance. + Article 24 (1) Romania's diplomatic and consular missions have the obligation to refer the matter to the Ministry of Labour, Family, Social Protection and Elderly regarding Romanian citizens abroad who, for any reason, are not accompanied by parents or another legal representative or are not found under the legal supervision of people from abroad. (2) The Ministry of Labour, Family, Social Protection and Elderly will take the necessary measures for the return of the child to the parents or another legal representative, immediately after their identification. If the persons identified cannot or refuse to take over the child, at the request of the Ministry of Labour, Family, Social Protection and Elderly, the tribunal at the home of the child or the Bucharest Court, if this home is not known, will order the placement of the child in a special protection service proposed by the Ministry of Labor, Family, Social Protection and Elderly. ((3) The procedure for the return of children to the country, the identification of parents or other legal representatives of children, the way of advancing the expenses occasioned by their return to the country, as well as special, public protection services or private, competent to ensure the emergency protection of children in the situation provided in par. (1), shall be established by Government decision. + Article 25 (1) Foreign diplomatic and consular missions are required to refer the matter to the Ministry of Labour, Family, Social Protection and the Elderly and the General Inspectorate for Immigration about all situations in which they are aware of citizen children foreigners located on the territory of Romania, who, for any reason, are not accompanied by their parents or by another legal representative or are not found under the legal supervision of some persons. If the Romanian authorities take notice, they will urgently notify the competent foreign mission about the children concerned. (2) In the case of children referred to in par. (1), the Ministry of Labour, Family, Social Protection and Elderly, until the completion of the legal steps falling within the competence of the General Inspectorate for Immigration, will ask the Bucharest Tribunal to establish the child's placement in a special protection service proposed by the Ministry of Labour, Family, Social Protection and Elderly. (3) The measure of the placement lasts until the return of the child to the country of residence of the parents or in the country where other family members were identified willing to take the child. (4) In the case of non-refoulement of the child, he shall benefit from the special protection provided + Article 26 For the application of art. 24 and 25 conclude the necessary treaties with the states or authorities of the states concerned, based on the proposals of the Ministry of Labour, Family, Social Protection and Elderly and the Ministry of Foreign Affairs, as well as other institutions Interested. + Article 27 (1) The child has the right to protect his public image and his intimate, private and family life. (2) Any action likely to affect the public image of the child or his right to intimate, private and family life is prohibited. ((3) The participation of the child up to 14 years of age at public debates in audiovisual programs can be done only with the written consent of him and his parents or, as the case may be, of another legal representative. (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, in order to obtain personal/institutional advantages or influence the decisions of public authorities. (5) The National Audiovisual Council monitors the conduct of audiovisual programs, so as to ensure the protection and guarantee of the right of the child provided in par. ((1). + Article 28 (1) The child has the right to freedom of expression. (2) The freedom of the child to seek, receive and disseminate information of any nature, aimed at promoting his social, spiritual and moral well-being, his physical and mental health, in any form and by any means of his choice, is inviolable. ((3) Parents or, as the case may be, other legal representatives of the child, persons who have children in foster care, as well as persons who, by the nature of the function, promote and ensure respect for the rights of children have the obligation to provide information explanations and advice, depending on their age and understanding, as well as allowing them to express their point of view, ideas and opinions. (4) Parents may not limit the right of minor child to freedom of expression except in cases expressly provided by law. + Article 29 (1) The child capable of discernment has the right to freely express his opinion on any issue concerning him. (. In any judicial or administrative proceedings concerning him, the child shall have the right to be heard. It is mandatory to listen to the child who reached the age of 10. However, the child who has not reached the age of 10 years may also be heard, if the competent authority considers that his hearing is necessary for the resolution of the case. (3) The right to be heard gives the child the opportunity to request and receive any pertinent information, to be consulted, to express his opinion and to be informed of the consequences his opinion may have, if respected, as well as the consequences of any decision that concerns him. (4) In all cases provided in par. (2), the opinions of the child listened to will be considered and given due importance, in relation to the age and the degree of maturity of the child. (5) Any child may ask to be heard according to the provisions of par. ((2) and (3). In the event of refusal, the competent authority shall rule by a reasoned decision. (6) The special legal provisions regarding the consent or the presence of the child in the proceedings concerning him, as well as the provisions regarding the appointment of a curator, in case of conflict of interest, are and remain applicable + Article 30 (1) The child is entitled to freedom of thought, conscience and religion. ((2) The parents guide the child, according to his own beliefs, in the choice of a religion, under the law, taking into account his opinion, age and degree of maturity, without being able to compel him to adhere to a certain religion or to a certain cult religious. ((3) The religion of the child who is 14 years old cannot be changed without his consent; the child who has reached the age of 16 has the right to choose his own religion. (4) When the child benefits from special protection, persons in whose care are prohibited any actions aimed at influencing the religious beliefs of the child. + Article 31 (1) The child has the right to free association in formal and informal structures, as well as the freedom of peaceful assembly, within the limits provided by law. (2) Local public administration authorities, educational establishments and other competent public or private institutions shall take the necessary measures to ensure the proper exercise of the rights provided in par. ((1). + Article 32 (1) The child belonging to a national, ethnic, religious or linguistic minority is entitled to his own cultural life, to the declaration of his ethnic, religious affiliation, to the practice of his own religion, as well as the right to use the language jointly with other members of the community to which it belongs. (2) The child belonging to national minorities has the right to express himself in the mother tongue in the proceedings concerning him. (3) 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. (4) The National Council for Combating Discrimination ensures and aims to exercise the rights provided in par. ((1). + Article 33 (1) The child has the right to respect his personality and individuality and cannot be subject to physical punishment or other humiliating or degrading treatment. (2) The child's disciplinary measures can only be established in accordance with the child's dignity, not being allowed under any reason physical penalties or those that are related to physical, mental development or affecting the emotional state the child. + Article 34 (1) The child has the right to lodge complaints regarding the violation of his fundamental rights. (2) The child shall be informed by the parent/legal representative of the rights and duties of the child, as well as the ways of exercising and fulfilling them. (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. + Section 2 Family environment and alternative care + Article 35 (1) The child has the right to grow up with his parents. (2) The parents have the obligation to ensure the child, in a manner corresponding to the continuous capacities of the child, the orientation and advice necessary for the proper exercise of the rights provided in this law. (3) The parents of the child have the right to receive the necessary information and assistance for their care, growth and education. + Article 36 (1) Both parents are responsible for raising their children. (2) Exercise of rights and fulfilment of parental obligations must take into account the best interests of the child and ensure the material and spiritual well-being of the child, in particular through his care, by maintaining relations personal with him, by ensuring his growth, education and maintenance, as well as through his legal representation and administration of his heritage. (3) 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. (4) If, for any reason, a parent does not express his will for the decision-making provided in par. ((3), they shall be taken by the parent with whom the child lives, unless this is contrary to the best interest of the child. ((5) 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. (6) 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. (7) It is considered reasonable grounds 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. (8) In case of misunderstandings between parents regarding the exercise of rights and the fulfillment of parental obligations, the court, after hearing both parents, decides according to the best interest of the child. + Article 37 The child has the right to be raised in conditions that allow his physical, mental, spiritual, moral and social development. For this purpose the parents are obliged: a) to supervise the child; b) to cooperate with the child and to respect his intimate, private life and dignity; c) inform the child about all the acts and facts that might affect him and take into account his/her opinion; d) undertake all necessary measures to achieve the rights of their child; e) to cooperate with individuals and legal entities exercising attributions in the field of child care, education and training. + Article 38 The child cannot be separated from his parents or one of them, against their will, except the express and limiting cases provided by law, subject to judicial review and only if this is imposed by the best interest of the child. + Article 39 (1) The public social assistance service will take all necessary measures for the early detection of risk situations that may determine the separation of the child from his parents, as well as for the prevention of abusive behavior of parents and domestic violence. (2) Any separation of the child from his parents, as well as any limitation of the exercise of parental rights must be preceded by the systematic granting of the services and benefits provided by law, with particular emphasis on information corresponding to parents, counseling them, therapy or mediation, granted on the basis of a service plan. + Article 40 (1) The service plan shall be drawn up and implemented by the public social assistance service, organized at the level of the municipalities and cities, as well as by the persons with social assistance attributions from the own apparatus of the local councils communal from the administrative-territorial unit where the child is located, following the assessment of the situation of the child and his family. (2) At the level of Bucharest municipality the preparation and implementation of the plan provided in par. (1) is carried out by the general direction of social assistance and child protection at the level of each sector. (3) The service plan is approved by the mayor's office. (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 support the access of the child and his family to other services. (5) The service plan may have as its purpose the transmission to the general direction of social assistance and the protection of the child of the request for the establishment of a special protection measure for the child, only if, after the provision of the services this plan, it is found that keeping the child with his parents is not possible. + Article 41 (1) If there are thorough reasons to suspect that the child's life and security are received in the family, representatives of the public social assistance service or, as the case may be, of the general direction of social assistance and child protection from the level of the sectors of Bucharest municipality have the right to visit the children at their home and to inform themselves about the way they are cared for, about their physical health and development, their education, their teaching and their professional training, granting, if necessary, the necessary guidance. (2) If, following the visits made according to par. (1), it is noted that the physical, mental, spiritual, moral or social development of the child is received, the public social assistance service is obliged to immediately notify the general direction of social assistance and child protection in to take the measures provided by law. (3) The General Directorate of Social Assistance and Child Protection shall be obliged to refer the matter to the court where it considers that the conditions laid down by law for the fall, total or partial, of the parents or of one of them in the exercise of parental rights. + Article 42 (1) The Directorate-General for Social Assistance and Child Protection will take all necessary measures to ensure that parents deprived of parental rights, as well as those to whom the exercise of certain rights has been limited to benefit from assistance specialized in increasing their capacity to deal with children, in order to regain the exercise of parental rights. (2) Parents who request the rendering of the parental rights exercise shall enjoy free legal assistance under the law. + Article 43 The court shall be the sole competent authority to rule, taking into account, as a matter of priority, the best interests of the child, as regards: a) the person exercising the rights and fulfilling the parental obligations in the event that the child is deprived, temporarily or permanently, of the protection of his parents; b) the ways in which the rights are exercised and the parental obligations are fulfilled; c) total or partial decay of the parental rights exercise; d) rendering the exercise of parental rights. + Article 44 (1) Any child who is, temporarily or permanently, deprived of the protection of his or her parents or who, in order to protect his interests, cannot be left in their care is entitled to alternative protection. (2) The protection provided in par. (1) includes the establishment of guardianship, the special protection measures provided for by this law, adoption. In choosing one of these solutions the competent authority will take due account of the need to ensure a certain continuity in the education of the child, as well as its ethnic, religious, cultural and linguistic origin. + Article 45 The guardianship shall be established according to the law by the court in whose territorial constituency the child resides or the child was found. + Section 3 Health and Child Welfare + Article 46 (1) The child has the right to enjoy the best state of health that he can achieve and to benefit from the medical and recovery services necessary to ensure the effective realization of this right. (2) The child's access to medical and recovery services, as well as to the medication appropriate to his condition in case of illness is guaranteed by the state, the related costs being borne from the Single National Health Insurance Fund and from the state budget. (3) The specialized bodies of the central public administration, the local public administration authorities, as well as any other public or private institutions with attributions in the field of health are obliged to adopt, under the law, all measures necessary for: a) reducing infant mortality; b) the provision and development of primary and community health services; c) prevention of malnutrition and illness; d) insurance of medical services for pregnant women during the pre-and postnatal period, whether or not they have the status of insured person in the health insurance system; e) informing parents and children about the health and nutrition of the child, including on the advantages of breastfeeding, hygiene and sanitation of the environment; f) development of actions and programs for health protection and disease prevention, parents ' assistance and education, as well as family planning services; g) regular verification of the treatment of children who have been placed to receive care, protection or treatment; h) ensuring confidentiality of medical advice granted at the request of the child; i) systematic development in school facilities of life education programs, including sex education for children, in order to prevent the contact of sexually transmitted diseases and the severity of minors. (4) Parents are obliged to seek medical assistance in order to ensure the child the best state of health that he can achieve and to prevent life-threatening situations, growth and development of the child. (5) In the exceptional situation in which the child's life is in imminent danger or there is a risk of serious consequences with regard to his health or integrity, the doctor has the right to carry out those medical acts of strict necessity to save the child's life, even without having the consent of his parents or other legal representative. (6) Periodic visits of specialized medical personnel to the home of pregnant women and children up to the age of one year are mandatory, in order to protect the health of the mother and child, health education, prevention abandonment, abuse, neglect, exploitation and any form of violence on the child. + Article 47 (1) The child has the right to benefit from a standard of living that allows his physical, mental, spiritual, moral and social development. (2) Parents or, as the case may be, legal representatives, are 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. + Article 48 (1) The child has the right to benefit from social and social security assistance, depending on the resources and the situation in which he/she is located and the dependents to whom he is found. (2) If parents or persons who have, according to the law, the obligation to maintain the child cannot ensure, for reasons independent of their will, the satisfaction of the minimum housing, food, clothing and education needs of the child, the state, by the competent public authorities, it is obliged to provide them with adequate support, in the form of financial benefits, benefits in kind, as well as in the form of services, under the law. ((3) Parents have the obligation to ask the competent authorities to grant allowances, allowances, benefits in money or in kind and other facilities provided by law for children or for families with children. (4) Local public administration authorities have the obligation to inform parents and children about their rights, as well as the way of granting social and social security rights. + Article 49 (1) The disabled child is entitled to special care, adapted to his needs. (2) The disabled child has the right to education, recovery, compensation, rehabilitation and integration, adapted to his own possibilities, in order to develop his personality. (3) In order to ensure access to education, recovery and rehabilitation, the disabled child can be schooled in another county/sector of Bucharest municipality than the home one, with the support of the expenses from the county budget/sector in which is the educational establishment. (4) Special care must ensure the physical, mental, spiritual, moral or social development of children with disabilities. Special care shall consist of appropriate aid to the situation of the child and his parents, or, where appropriate, to the situation of those to whom the child is entrusted and shall be granted free of charge, whenever possible, to facilitate effective access and without discrimination of children with disabilities in education, training, medical services, recovery, training, employment, recreational activities, and any other activities capable of enabling them to fully integrate social and development of their personality. (5) The specialized bodies of the central public administration and local public administration authorities are obliged to initiate programs and to provide the necessary resources for the development of services aimed at meeting the needs of children with disabilities and of their families in conditions that guarantee their dignity, foster their autonomy and facilitate their active participation in the life of the community. + Article 50 (1) The disabled child benefits from free health care, including free medicines, both for outpatient treatment and during hospitalization, within 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 in the recovery plan for the child with disabilities classified in the degree of disability. + Section 4 Education, recreational and cultural activities + Article 51 (1) The child has the right to receive an education that allows him to develop, in non-discriminatory conditions, his skills and personality. (2) The parents of the child have a priority right to choose the way of education to be given to their children and have the obligation to enroll the child at school and to ensure their regular attendance of school courses. (3) The child who has reached the age of 14 may ask for the consent of the court to change his teaching and professional training. + Article 52 (1) The Ministry of National Education, as a specialized body of the central public administration, as well as school inspectorates and educational establishments, as institutions of the local public administration with attributions in the field of education, are obliged to undertake necessary measures to: a) facilitating access to pre-school education and ensuring compulsory and free general education for all children; b) development of education programs for young parents, including in order to prevent domestic violence; c) the organization of special training courses for children who cannot respond to the requirements of the national school curriculum, so as not to enter the labor market prematurely; d) the organization of special training courses for children who have abandoned school, in order to reintegrate them into the national education system; e) respect for the right of the child at rest and leisure time, as well as his right to participate freely in cultural and artistic life; f) preventing school dropout for economic reasons, taking active measures to provide social services in the school environment, such as food, supplies, transport and the like. (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. (3) The child, personally and, as the case may be, represented or assisted by his legal representative, has the right to challenge the modalities and results of the evaluation and to address in this regard the management of the educational establishment, under the law. (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 the child and to report to the public social assistance service or, as the case may be, the general direction of social assistance and child protection, these cases. + Article 53 (1) The child has the right to rest and vacation. (2) The child must be given sufficient time to rest and vacation, to participate freely in his own age and to the cultural, artistic and sporting activities of the community. Public authorities have the obligation to contribute, according to their duties, to ensuring the conditions for exercising this right on an equal basis. (3) Public authorities have the obligation to ensure, according to their duties, sufficient and adequate playgrounds for children, especially in the situation of heavily populated areas. + Chapter III Special protection of the child deprived, temporarily or permanently, of the protection of his parents + Section 1 Common provisions + Article 54 The special protection of the child is the whole of measures, benefits and services intended for the care and development of the child deprived, temporarily or definitively, of the protection of his or her parents or that, in order to protect his cannot be left in their care. + Article 55 (1) The child shall benefit from the special protection provided by this law until the full capacity of the exercise is acquired. (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 of 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. + Article 56 The special protection services are those provided for in art. 120-123. + Article 57 (1) The special protection measures of the child shall be established and applied on the basis of the individualized protection plan. (2) The plan provided in par. (1) shall be drawn up and reviewed in accordance with the methodological norms developed and approved by the Ministry of Labour, Family, Social Protection and Elderly. (3) The special protection measures of the child who have reached the age of 14 shall be determined only with his consent. If the child refuses to give his consent, the protection measures shall be established only by the court, which, in duly motivated situations, may override its refusal to express its consent to the measure. proposed. + Article 58 (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 the general direction 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 be done at the opening ---------- Alin. ((3) of art. 58 was amended by para. ((1) art. V of LAW no. 57 57 of 11 April 2016 published in MONITORUL OFFICIAL no. 283 of 14 April 2016 by replacing the phrase "opening the internal adoption procedure" with the phrase "opening the adoption procedure". (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 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. ---------- Alin. ((5) of art. 58 was amended by para. ((1) art. V of LAW no. 57 57 of 11 April 2016 published in MONITORUL OFFICIAL no. 283 of 14 April 2016 by replacing the phrase "opening the internal adoption procedure" with the phrase "opening the adoption procedure". (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. + Article 59 The child's special protection measures are: a) placement; b) the placement as a matter of urgency; c) specialized supervision. + Article 60 The special protection measures, established by this law, benefit: a) the child whose parents are deceased, unknown, fallen from the exercise of parental rights or to whom the punishment of the prohibition of parental rights, put under prohibition, declared to be declared dead or missing, when not the guardianship was established; b) the child who, in order to protect his interests, cannot be left in the care of the parents for reasons not attributable to them; c) child abused or neglected; d) the child found or the child left in health facilities; e) the child who committed a deed provided by the criminal law and who does not respond criminally. + Article 61 Parents, as well as the child who has reached the age of 14, have the right to appeal in court the special protection measures established by this law, benefiting from free legal assistance, under the law. + Section 2 Placement + Article 62 (1) The child's placement constitutes a special protection measure, having a temporary character, which may be ordered, under the conditions of this law, as the case may be, at: a) a person or family; b) a maternal assistant; c) a residential type service, provided in art. 123 123 para. (2) and licensed under the law. (2) The person or family receiving a child in foster care must be domiciled in Romania and be evaluated by the general direction of social assistance and child protection with regard to the moral guarantees and material conditions that must meet them to receive a child in foster care. + Article 63 Throughout the placement, the child's home is, as the case may be, in person, family, maternal assistant or the residential-type service that has him in care. + Article 64 (1) The placement of the child who has not reached the age of 3 years may be ordered only to the extended, substituted family or to the maternal assistant, his placement in a residential service being prohibited. ------- Alin. ((1) of art. 64 64 has been amended by art. I of LAW no. 131 131 of 8 October 2014 , published in MONITORUL OFFICIAL no. 740 740 of 10 October 2014. (2) By exception to the provisions of par. (1), the placement may be established in a residential type service of the child younger than 3 years, in a situation where he presents serious disabilities, with dependence on care in specialized residential services. ------- Alin. ((2) of art. 64 64 has been amended by art. I of LAW no. 131 131 of 8 October 2014 , published in MONITORUL OFFICIAL no. 740 740 of 10 October 2014. (3) When determining the placement measure, it will be followed: a) placing the child, as a priority, with the extended family or the substitute family; b) keeping the brothers together; c) to facilitate the exercise by parents of the right to visit the child and to keep in touch with him. + Article 65 (1) The measure of the placement shall be established by the child protection committee, if there is the consent of the parents, for the situations provided in art. 60 lit. b) and e). (2) The measure of the placement shall be determined by the court, at the request of the general direction of social assistance and child protection: a) in the situation of the child provided for 60 lit. a), as well as in the situation of the child provided for 60 lit. c) and d), if it is necessary to replace the placement as a matter of urgency ordered by the general direction of social assistance and child protection; b) in the situation of the child provided in 60 lit. b) and e), when there is no parental consent or, as the case may be, one of the parents, for the establishment of this measure. + Article 66 (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 commission. (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. 60 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. 60 lit. a), as well as in the situation of the child provided for 60 lit. c) and d) are exercised by the director of the general directorate of social assistance and child protection. (4) The provisions laid down by the legislation in force regarding the right of the natural parent to consent to the adoption of the child shall be applied accordingly. + Article 67 (1) The Commission for the protection of the child or, as the case may be, the court which ordered the child's placement under the present law will determine, if applicable, the amount of the monthly contribution of the parents to its maintenance, under the conditions 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. + Section 3 Placement as a matter of urgency + Article 68 ((1) The emergency placement shall be a special protection measure of temporary nature, which shall be 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. (2) The placement as a matter of urgency 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. (3) The Authority, the institution or the unit that decided or ordered one of the measures provided for in par. ((2) 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, the situation of the child and his legal protector. (4) Provisions art. 62 62-64 shall apply accordingly. (5) 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 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. + Article 69 (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. 68 68 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. 68 68 para. ((2), the measure of emergency placement shall be established by the Director of the General Directorate of Social Assistance and Child Protection. (2) The measure of placement as a matter of urgency shall be established by the court under the conditions of art. 100 100 para. ((3). + Article 70 (1) In the case of emergency placement ordered by the director of the general directorate of social assistance and child protection, she is obliged to refer the matter to the court within 5 days from the date on which she ordered it measure. (2) 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. (3) 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. (4) If the placement as a matter of urgency is ordered by the court, it will be pronounced under the conditions of art. 100 100 para. ((4). + Section 4 Specialised supervision + Article 71 (1) The specialized supervision measure is ordered under the conditions of this law to the child who committed a criminal act and who does not respond criminally. (2) If there is the consent of the parents or legal representative, the measure of specialized supervision shall be ordered by the child protection committee, and, in the absence of this agreement, by the court. + Section 5-a Monitoring the application of special protection measures + Article 72 (1) Impressions which formed the basis for the establishment of special protection measures, ordered by the child protection commission or by the court, must be checked quarterly by the Directorate-General for Social Assistance and Protection the child. (2) If the circumstances referred to in par. (1) they have changed, the general direction of social assistance and the protection of the child is obliged to immediately notify the child protection commission or, as the case may be, the court, in order to amend or, as the case may be, to cease the measure. (3) The right of referral provided in par. (2) also have parents or other legal representative of the child, as well as the child. + Article 73 (1) The Directorate-General for Social Assistance and Child Protection or, where applicable, the authorized private body is required to follow the way in which the special protection measures, development and care of the child are implemented during the period The measure (2) In fulfilling the obligation provided in par. (1) the general direction of social assistance and the protection of the child or, as the case may be, the authorized private body shall draw up, quarterly or whenever a situation arises that so requires, reports on the development of physical development, mental, spiritual, moral or social of the child and how it is cared for. (3) If it is found, on the basis of the report prepared according to par. (2), the need to amend or, as the case may be, the termination of the measure, the general direction of social assistance and the protection of the child is obliged to immediately notify the child protection commission or, as the case may be, the (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. + Article 74 At the end of the 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. + Article 75 The child to whom a special protection measure has been taken has the right to maintain relations with other persons, if they do not have a negative influence on his physical, mental, spiritual, moral or social development. + Chapter IV Protection of child refugees and protection of children in case of armed conflict + Article 76 (1) Children applying for refugee status, as well as those who have obtained this status shall enjoy adequate protection and humanitarian assistance for the realization of their rights. (2) Children referred to in par. (1) benefit from one of the forms of protection provided for by Law no. 122/2006 on asylum in Romania, with subsequent amendments and completions. + Article 77 (1) If the child applying for refugee status is unaccompanied by the parents or another legal representative, the support of his/her interests during the procedure for granting refugee status shall be ensured by the general social assistance and protection of the child in whose administrative-territorial area is the territorial body of the Ministry of Internal Affairs where the application is to be submitted. (2) The application for the granting of refugee status of the child in the situation provided in par. (1) shall be considered as a priority (3) In order to adequately support the interests of the child provided in par. ((1), the general direction of social assistance and the protection of the child shall designate a person with higher legal or social assistance studies within his own staff or an authorized private body to support the rights of the child and to participate, together with it, in the whole procedure for granting refugee status. (4) Where it is found that the person designated by the Directorate-General for Social Assistance and Child Protection does not properly fulfil his obligation to defend the interests of the child or proves bad faith in the fulfilment of The General Inspectorate for Immigration may request the general direction of social assistance and child protection to replace this person. + Article 78 (1) Until the final and irrevocable settlement of the application for granting refugee status, the accommodation of the children referred to in art. 77 is carried out in a residential service provided by this law, belonging to the general direction of social assistance and the protection of the child or a private authorized body. (2) Children who have reached the age of 16 may also be accommodated in the reception and accommodation centers subordinated to the General Inspectorate for Immigration. (3) Children referred to in par. (1), who have been granted refugee status, benefit from the special protection of the child deprived, temporarily or permanently, of the protection of his parents, provided by this law. + Article 79 (1) If the request of the child referred to in art. 76, granting refugee status, is definitively and irrevocably rejected, the general direction of social assistance and child protection notifies the General Inspectorate for Immigration and asks the court to establish child placement in a special protection service. (2) The measure of the placement lasts until the return of the child to the country of residence of the parents or in the country where other family members were identified willing to take the child. + Article 80 (1) Children affected by armed conflict shall enjoy protection and assistance under the conditions of this law. (2) In case of armed conflicts, state institutions shall take the necessary measures to develop special mechanisms aimed at ensuring the monitoring of measures adopted to protect the rights of the child. + Article 81 No child will be used as a spy, guide or courier during armed conflicts. + Article 82 (1) In case of an armed conflict, the Ministry of Labour, Family, Social Protection and Elderly, in collaboration with the Ministry of Internal Affairs, with the Ministry of National Defence, as well as with other institutions specific, has the obligation to initiate and implement strategies and programs, including at family and community level, to ensure the demobilization of child soldiers and, respectively, to remedy the physical and mental effects of conflicts on the child and to promote its social reintegration. ((2) The bodies of the central public administration referred to in paragraph (1), in collaboration with the National Employment Agency and the Ministry of National Education, will promote the appropriate measures for: a) education in the spirit of understanding, solidarity and peace, as a general and continuous process in the prevention of conflicts; b) educating and preparing demobilized children for an active and responsible social life. + Article 83 (1) In any county or sector of Bucharest, the president of the county council or, as the case may be, the mayor of the Bucharest municipality sector has the obligation to submit to the general direction of social assistance and child protection, within 24 hours after the initiation of an armed conflict, a complete list of all children on the territory of that administrative-territorial unit, in order to monitor their situation. (2) The infrastructure for the protection and promotion of the rights of the child shall not be used for military purposes. (3) In the case of evaluation actions carried out following armed conflicts, children will be given priority. The general direction of social assistance and child protection, in collaboration with civil protection, will take the necessary measures to ensure the supervision of children who are evacuated by persons who can assume responsibility for protection and their safety. Whenever possible, members of the same family will be accommodated together. + Chapter V Protection of the child who committed a criminal act and does not respond criminally + Article 84 (1) For the child who committed an act provided for by the criminal law and who does not respond criminally, on the proposal of the general direction of social assistance and child protection in whose administrative-territorial unit the child is located, one of the the measures provided in art. 59 lit. a) and c). (2) In the disposition of one of the measures provided in art. 59 lit. a) and c), the child protection commission, when there is the consent of the parents or other legal representative of the child, or, as the case may be, the court, when this agreement is missing, will take into account: a) the conditions that favored the act; b) degree of social danger of the act; c) the environment in which the child grew up and lived; d) the risk of committing again by the child of a fact provided by the criminal law; e) any other elements of nature characterize the child's situation. (3) The parents of the child who perform criminal acts and do not face criminal charges 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. + Article 85 (1) The measure of specialized supervision consists in the maintenance of the child in his family, provided that he/she complies with obligations, such as: a) attendance of school courses; b) the use of day care services; c) follow-up to medical treatments, counseling or psychotherapy; d) the prohibition to frequent certain places or to have links with certain persons. ((2) If maintenance in the family is not possible or when the child does not meet his obligations established by the measure of specialized supervision, the child protection commission or, as the case may be, the court, after the distinctions provided in art. 84 84 para. (2), may order its placement in the extended or substituted family, as well as the fulfilment by the child of the obligations provided in par. ((1). + Article 86 If the act provided by the criminal law, committed by the child who does not respond criminally, presents a high degree of social danger, as well as if the child for whom the measures provided for in art. 85 continues criminal acts, the commission for the protection of the child or, as the case may be, the court orders, for a fixed period, the placement of the child in a specialized residential service. + Article 87 It is forbidden to release any data relating to the commission of criminal acts by the child who does not face criminal charges, including data regarding his person. + Article 88 (1) For the duration of the application of measures intended for the child committing criminal acts and not criminally liable, specialized services will be provided to assist the children in the process of reintegration into society. (2) The types of specialized services provided in par. (1), as well as the standards on how to ensure these services are approved by Government decision. (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. + Chapter VI Child protection against abuse, neglect, exploitation and any form of violence + Article 89 (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. ((3) Employees of public or private institutions who, by the nature of the profession, come into contact with the child and have suspicions of a possible case of abuse, neglect or ill-treatment are required to urgently refer the general direction of assistance social and child protection. + Article 90 (1) The parents of the child or, as the case may be, another legal representative of the child, the public authorities and the private bodies are required to take all appropriate measures to facilitate the physical and psychological readability and social reintegration of any child who has been the victim of any form of negligence, exploitation or abuse, of torture or punishment or cruel, inhuman or degrading treatment. (2) Persons referred to in par. (1) will provide the necessary conditions for readjustment and reintegration to foster the health, self-respect and dignity of the child. + Section 1 Child protection against economic exploitation + Article 91 (1) The child has the right to be protected against exploitation and cannot be coerced to work or domestic activity or outside the family, including in educational institutions, special protection, re-education and detention or in the cultural field, artistic, sporty, 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 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, is prohibited. (3) In situations where school-age children evade the educational process, carrying out work with non-compliance with the law, educational establishments are obliged to notify the public social assistance service immediately. In the case of such findings, the public social assistance service together with the county school inspectorates and the other competent public institutions are obliged to take measures in order to reintegrate the child's school. (4) The Labour Inspection, in collaboration with the Ministry of Labour, Family, Social Protection and Elderly, has the obligation to promote awareness and information campaigns: a) for children-about the protection measures they can benefit from and the risks involved in cases of economic exploitation; b) for the general public-including parental education and training activities for the professional categories working with and for children, in order to help them to provide children with real protection against economic exploitation; c) for employers or potential employers. + Article 92 (1) Children's provision of paid activities in the cultural, artistic, sports, advertising and modeling fields provided in art. 91 91 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. + Section 2 Child protection against drug use + Article 93 (1) The child has the right to be protected against the illicit use of narcotic drugs and psychotropic substances. (2) The sale of solvents to children is prohibited, without the consent of the parent or another legal representative. (3) The National Anti-Drug Agency, in collaboration with the Ministry of Labour, Family, Social Protection and Elderly and, as the case may be, with other central public administration authorities or bodies, is required to take the measures corresponding to: a) preventing the use of children in the illicit production and trafficking of these substances; b) awareness of the general public and, in particular, of children on this issue, including through the education system and, as the case may be, by introducing this topic in the curriculum; c) supporting children and their families, through counseling and guidance-if necessary, of a confidential nature, but also through the development of policies and strategies that guarantee the physical and mental recovery and social reintegration of children drug addicts, including through the development for this purpose of alternative intervention methods to traditional psychiatric institutions; d) further development of systems for gathering real data on the occurrence of drug use in children, as well as their involvement in illicit drug production and trafficking; permanent assessment of these situations, progress achieved, the difficulties encountered and, respectively, the objectives proposed for the future; e) the development of a public information system that reduces tolerance in terms of drug use and helps to recognize the first symptoms of drug use, especially among children. (4) The institutions provided in par. (3) will ensure that children's views are taken into account when developing drug strategies. + Section 3 Child protection against abuse or negligence + Article 94 (1) Child abuse means any voluntary action of a person who is in a relationship of responsibility, trust or authority to him, through which life, physical, mental, spiritual, moral or moral development are endangered. 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. + Article 95 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. + Article 96 (1) Any person who, by the nature of his profession or occupation, works directly with a child and has suspicions about the existence of a situation of abuse or neglect thereof is obliged to notify the public service of social assistance or the general direction of social assistance and the protection of the child in whose territorial area the case was identified. (2) In order to report cases of abuse or neglect of the child, at the level of each general direction of social assistance and child protection the child's phone is compulsorily established, the number of which will be brought to the attention of the public. + Article 97 Parents or legal representatives are required to supervise the child and to take all measures in order to prevent the child from being facilitated or practiced. + Article 98 In order to ensure compliance with the right provided for in 89 89 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. 119, specialized for the needs of children, victims of abuse, neglect, exploitation and any form of violence on the child. + Article 99 In order to verify the complaints regarding cases of abuse and neglect of the child, the representatives of the general department of social assistance and child protection have the right of access, under the law, in the premises of legal entities, as well as the home of individuals who have in care or provide protection for a child. In order to carry out these checks, the police bodies are obliged to support the representatives of the general Directorate of Social Assistance and Child + Article 100 (1) Representatives of legal persons, as well as individuals who have in care or ensure the protection of a child are obliged to collaborate with representatives of the general direction of social assistance and child protection and to provide all the information necessary to resolve the referrals (2) If, as a result of the checks carried out, the representatives of the Directorate-General for Social Assistance and Child Protection establish that there are strong grounds to support the existence of an imminent danger situation for the child, due abuse and neglect, and do not encounter opposition from the persons referred to in par. ((1), the director of the Directorate-General for Social Assistance and Child Protection shall establish the measure of emergency placement. Art. 62-64 62-64, art. 68 68 para. ((5) and art. 70 70 shall apply accordingly. (3) If the persons referred to in par. (1) refuse or prevent in any way the checks carried out by the representatives of the general direction of social assistance and child protection, and they establish that there are thorough reasons to support the existence of a danger situation imminent for the child, due to abuse and neglect, the general direction of social assistance and child protection seizes the court, requesting the issuance of an injunction to place the child as a matter of urgency at a person, to a family, to a maternal assistant or to a residential service, licensed under the law. Art. 62 62-64 and art. 68 68 para. ((5) shall apply accordingly. (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. + Article 101 (1) Within the process provided for in art. 100 100 para. ((3) and (4), may be administered, ex officio, as evidence, the written declaration of the child relating to the abuse, neglect, exploitation and any form of violence on the child to whom he was subjected. The child's statement can be registered, according to the law, by technical means-video. The records are necessarily carried out with the assistance of a psychologist. (2) The consent of the child shall be required to make the registration (3) If the court considers it necessary, it may call the child before it, in order to hear it. The hearing takes place only in the council chamber, in the presence of a psychologist and only after a prior preparation of the child in this regard. + Article 102 Where abuse, neglect, exploitation and any form of violence on the child was perpetrated by persons who, on the basis of a work or other legal relationship, provided protection, growth, care or education. the child, employers have the obligation to immediately notify the prosecution bodies and order the removal of the respective person from the children in his care. + Article 103 In public or private institutions, as well as in residential, public or private services, which ensure the protection, growth, care or education of children, it is forbidden to hire the person against whom a decision has been rendered final court for the commission, with intent, of a crime. + Section 4 Child protection with parents going to work abroad + Article 104 (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 105 (1) Person designated according to art. 104 104 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. 104 104 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 106 Local public administration authorities, through social assistance services, can initiate, within the limits of the state budget or local budgets and within the limits of the revenue and expenditure budgets provided with this destination, Parents ' information campaigns, 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 107 The procedure for monitoring the way of raising and caring for 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 Labour, Family, Social Protection and Elderly, in collaboration with the Ministry of Regional Development and Public Administration. + Article 108 The public social assistance service and the county center of resources and educational assistance are required to develop specialized counseling services intended for the child who returned to the country, after a period of stay abroad with parents for more than a year. + Section 5-a Child protection against abduction or any forms of trafficking + Article 109 (1) The Ministry of Internal Affairs and the Ministry of Labour, Family, Social Protection and Elderly, in collaboration with the Ministry of National Education, will take the necessary steps to adopt all legislative, administrative measures and education intended to ensure effective protection against any forms of domestic or international child trafficking, for any purpose or in any form, including by their own parents. (2) For this purpose, the public authorities referred to in par. (1) have the responsibility of developing a strategy at national level to prevent and combat this phenomenon, including an internal mechanism for coordinating and monitoring the activities undertaken. + Section 6 Child protection against other forms of exploitation + Article 110 (1) The child is entitled to protection against any form of exploitation. (. Public institutions and authorities, according to their duties, shall adopt specific regulations and shall apply appropriate measures to prevent, inter alia: a) illicit transfer and non-refoulement of the child; b) conclusion of adoptions, national or international, for purposes other than the best interests of the child; c) sexual exploitation and sexual violence; d) abduction and trafficking of children for any purpose and in any form; e) involvement of children in armed conflict; f) forced development of children's talents at the expense of their harmonious, physical and mental development; g) exploitation of the child by the media; h) child exploitation in scientific research or experiments. + Chapter VII Institutions and services in charge of child protection + Section 1 Institutions at central level + Article 111 Monitoring compliance with the principles and rights established by this Law and the United Nations Convention on the Rights of the Child, ratified by Law no. 18/1990 , republished, as amended, as well as the coordination and control of the activity of protection and promotion of the rights of the child is carried out by the Ministry of Labour, Family, Social Protection and Elderly. + Article 112 The protection of the rights and freedoms of the child in his relations with public authorities in order to promote and improve the condition of the child is carried out through the institution of the Ombudsman. + Section 2 Local institutions and services + Article 113 Local public administration authorities have the obligation to guarantee and promote respect for the rights of children in administrative-territorial units, ensuring the prevention of separation of the child from his parents, as well as special protection of the child deprived, temporarily or permanently, of his parents ' care. + Article 114 (1) Local public administration authorities have the obligation to involve the local community in the process of identifying the needs of the community and solving the social problems that concern children at the local level. (2) For this purpose, consultative community structures can be created, but without limitation, local businessmen, priests, teachers, doctors, local councillors, police officers. The role of these structures is both to solve concrete cases and to meet the global needs of that community. (3) The mandate of the consultative community structures shall be established by acts issued by the local public administration authorities. (4) In order to fulfil the role for which they have been created, the Community consultative structures will benefit from training programmes in the field of social assistance and child protection. + Article 115 (1) Under the county council and, respectively, the local councils of the sectors of Bucharest, the commission for the protection of the child operates, as their specialized body, without legal personality, having the following main tasks: a) establishing the degree of disability and school orientation of the child; b) pronouncing, under the conditions of this law, the proposals regarding the establishment of a special protection measure of the child; c) settlement of applications for the issuance of the maternal assistant certificate; d) other duties provided by law. (2) The organization and methodology of functioning of the child protection commission shall be governed by Government decision *). Note
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* *) See Government Decision no. 1.437/2004 on the organization and methodology of operation of the child protection commission, published in the Official Gazette of Romania, Part I, no. 872 872 of 24 September 2004.
(3) The President, the Vice-Chair and the members of the Child Protection Committees, as well as their Secretary, constituted according to the law, shall be entitled to a sitting allowance equivalent to 1% of the indemnity of the President of the 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.
+ Article 116 (1) The specialized public service for child protection, existing under the county councils and local councils of the sectors of Bucharest, as well as the public social assistance service at the level of counties and sectors Bucharest is reorganized as a general direction of social assistance and child protection. (2) The general department of social assistance and child protection is a public institution with legal personality, established under the county council, respectively of the local councils of the sectors of Bucharest, which take over, in a manner accordingly, the functions of the public social assistance service at the county level and, respectively, the duties of the public social assistance service at the level of the sectors of Bucharest (3) The institution provided in par. (2) exercise in the field of protection of the child's rights the powers provided by this law, as well as other normative acts in force (4) The organizational structure, the number of personnel and the financing of the general department of social assistance and child protection are approved by decision of the county council, respectively of the local council of the Bucharest municipality sector, which establish, in such a way as to ensure the proper performance of their duties, as well as the full realization and effective exercise of the rights of the child. (5) The attributions and the regulatory framework for the organization and functioning of the general direction of social assistance and child protection are approved by Government decision *), at the proposal of the Ministry of Labour, Family, Social Protection and Persons Elderly. Note
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* *) See Government Decision no. 1.434/2004 on the attributions and the framework regulation for the organization and functioning of the General Directorate of Social Assistance and Child Protection, republished in the Official Gazette of Romania, Part I, no. 547 547 of 21 July 2008, with subsequent amendments and completions.
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+ Article 117 The general direction of social assistance and protection of the child exercises, 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 92 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. + Article 118 (1) Public social assistance services organized at the level of municipalities and cities, as well as persons with social assistance duties from the own apparatus of the local councils meet in the field of child protection the following Tasks: a) monitor and analyze the situation of children in the administrative-territorial unit, as well as the way of respecting the rights of children, ensuring the centralization and synthesis of relevant data and information, based on a monitoring sheet approved by order of the Minister of Labour, Family, Social Protection and Elderly; b) performs the activity of preventing the separation of the child from his family; c) identify and evaluate the situations that require the provision of services and/or benefits to prevent the separation of the child from his/her family; d) develop the necessary documentation for the provision of services and/or benefits and grant these services and/or benefits, under the law; e) provide advice and information to families with dependent children on their rights and obligations, on the rights of the child and on the services available locally; f) ensure and follow the application of measures to prevent and combat alcohol and drug use, to prevent and combat domestic violence, as well as delinquent behavior; 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; h) submit proposals to the mayor, if it is necessary to take a special protection measure, under the law; i) follow the evolution of the child's development and how his parents exercise their rights and fulfill their obligations with regard to the child who benefited from a special protection measure and was reintegrated into his family; j) collaborate with the general direction of social assistance and child protection in the field of child protection and transmit to it all the data and information requested from this field; k) follow the implementation of the decisions of the commission for the protection of the child/court of guardianship regarding the provision of actions or works of local interest, provided in art. 67 67 para. ((2). (2) At the level of the sectors of Bucharest, the attributions provided (1) are exercised by the general direction of social assistance and child protection. (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 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. + Article 119 (1) In order to prevent the separation of the child from his parents, as well as for the realization of the special protection of the child separately, temporarily or permanently, by his parents, the following types of services are organized and a) day services; b) family-type services; c) residential services. (2) The framework regulation for the organization and functioning of the services provided in par. (1) is approved by Government decision * *). Note
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** **) See Government Decision no. 1.438/2004 for the approval of the framework regulations for the organization and functioning of the services to prevent the separation of the child from his family, as well as those of special protection of the child temporarily or permanently absent from the protection of his parents, published in Official Gazette of Romania, Part I, no. 872 872 of 24 September 2004.
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+ Article 120 (1) Day services are those services that ensure the maintenance, restoration and development of the capacities of the child and his parents, in order to overcome situations that could cause the child to be separated from his family. ((2) The access to these services is carried out on the basis of the service plan or, as the case may be, of the individualized protection plan, under the present law + Article 121 Family-type services are those services through which they ensure, at the home of a natural person or family, the increase and care of the child separately, temporarily or permanently, by his parents, as a result of the establishment under the conditions of this law Placement measure. + Article 122 (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, can receive children in foster care 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 (5) The conditions for obtaining the attestation, the attestation procedures and the status of the maternal assistant shall be approved by Government decision, at the proposal of the Ministry of Labour, Family, Social Protection and Elderly through the National Authority for Child Rights Protection and Adoption. ---------- Alin. ((5) of art. 122 122 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. + Article 123 (1) Residential services are those services that ensure the protection, growth and care of the child separately, temporarily or permanently, by his parents, as a result of the establishment under the present law of the measure of placement. (2) The category of residential services includes all services that provide hosting for a period of more than 24 hours. (3) They are considered residential services and maternity centers. (4) The residential services belonging to the public administration authorities shall be organized only in the structure of the general direction of social assistance and child protection, in the regime of their functional components, without personality legal. (5) Residential services are organized on a family model and may have a specialized character according to the needs of the children placed. + Article 124 (1) In order to ensure the prevention of the separation of the child from his parents, the local councils of the municipalities, towns, communes and sectors of Bucharest have the obligation to organize, autonomously or by association, day services, according to the needs identified in that community. (2) If the local council does not identify sufficient financial and human resources to organize the services provided in par. (1), at its request, the county council will provide the necessary funding to establish these services. The local council ensures the financing by up to 50% of the operating expenses of these services, the share and the total amount of these expenses being established annually by decision of the county council. + Article 125 In order to ensure the special protection of the child deprived, temporarily or permanently, of the protection of his parents, the county council and, respectively, the local council of the Bucharest municipality sector have the obligation to organize, autonomously or through association, family and residential type services, according to the needs identified at the level of their administrative-territorial unit. Depending on the assessed needs of the children placed, the county council can also organize and develop day services.
+ Chapter VIII Private bodies + Article 126 (1) The private bodies that may carry out activities in the field of protection of the rights of the child and of its special protection are legal persons of private law, without patrimonial purpose, constituted and accredited under the law. (2) In carrying out the activities provided in par. ((1), accredited private bodies shall be subject to the regime of public law provided for by this law, as well as by the regulations by which it is enforced. (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. + Chapter IX Financing of the child protection system + Article 127 (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. (2) The Ministry of Labor, Family, Social Protection and Elderly can finance programs of national interest for the protection and promotion of the rights of the child, from funds allocated from the state budget with this destination, from funds refundable and non-refundable external as well as other sources, under the law. + Article 128 (1) For each child to whom the measure of placement was taken with a family, person, maternal assistant, in a residential type service of an accredited private body or guardianship was established, under the law, a monthly allowance is granted. of placement, relative to the reference social indicator, in the amount of 1,20 ISR*). ---------- Alin. ((1) of art. 128 128 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. (2) The allowance provided in par. (1) shall be paid to the person, the maternal assistant, the representative of the family, the accredited private body who has taken into placement the child or guardian and is intended to ensure the rights provided in art. 129 129 para. ((1). ---------- Alin. ((2) of art. 128 128 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. (3) The placement allowance shall be borne from the state budget through the budget of the Ministry of Labor, Family, Social Protection and Elderly. (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) is established by order of the Minister of Labour, Family, Social Protection and Elderly. (6) In order to follow the use of the allowance provided in par. (1), the general directions of social assistance and the protection of the child or, as the case may be, authorized private bodies shall transmit the reports 73 73 para. (2) and the agency for payments and social inspection of the county, respectively of Bucharest. ---------- Alin. ((6) of art. 128 128 has been introduced by section 3 3 of art. I of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. + Article 129 (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 patients, the amount necessary to grant the rights provided in par. (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. The allowance is granted, upon leaving the special protection system, and to the children for whom a final decision to approve the adoption has been pronounced. ---------- Alin. ((4) of art. 129 129 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. (5) The amount of the minimum expenses limits related to the rights provided in par. (1), respectively the right to clothing, shoes, hygienic-sanitary materials, supplies/manuals, toys, transport, cultural-sports materials, as well as the amounts of money for personal needs, for children and young people for whom a the special protection measure in a public service of residential type, as well as for mothers protected in maternity centers are established by Government decision. ---------- Alin. ((5) of art. 129 129 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. (6) The amount of food allowance for children in public day services and for children and young people for whom a special protection measure has been established in a residential public service, as well as for mothers protected in centres Maternity is determined by Government decision. The amount of food allowance for children in day services is also applicable to children in nurseries and other early education units. ---------- Alin. ((6) of art. 129 129 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. (7) The amount of the minimum expenditure limits established under the conditions of par. ((5) and the amount of the food allowance established under the conditions of par. (6) are also applicable to children and young people with special educational requirements, schooled in special or mass educational establishments, including those schooled in a county other than their domicile, in accordance with the provisions of art. 51 51 para. (2) of the National Education Law no. 1/2011 , with subsequent amendments and completions. ---------- Alin. ((7) of art. 129 129 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. (8) The food allowance for children in day services organised by accredited private bodies shall be at least at the same level as that provided for children in public day services. ---------- Alin. ((8) of art. 129 129 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. (9) Within the limits of the approved budgets, the county councils, the local councils of the sectors of Bucharest or, as the case may be, the local councils of the municipalities, towns and communes may approve, by decision, the proposal of the general directions of social assistance and child protection, respectively of public social assistance services, a higher amount of minimum spending limits, respectively of the amount of food allowance related to the rights established according to the provisions of par. ((5) and (6). ---------- Alin. ((9) of art. 129 129 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. + Article 130 ((1) The mayors shall grant exceptional financial benefits, if the family caring for the child is temporarily faced with financial problems determined by an exceptional situation and endangering the harmonious development of the child. (2) Exceptional provision is given as a priority to children whose families do not have the possibility or the ability to provide the child with adequate care or as a result of the need to bear particular expenses intended to maintain child's bond with his family. (. Depending on each individual case, the mayor shall decide, by provision, on the granting of the exceptional financial performance and its amount. + Article 131 The maximum amount, as well as the conditions for granting exceptional financial benefits, shall be determined by decision of the local council. + Article 132 Exceptional financial benefits may also be granted in the form of benefits in kind, based on the mayor's provision, consisting mainly of food, clothing, textbooks and school supplies or equipment, bearing the expenses related to transport, procurement of prosthetics, medicines and other medical accessories. + Chapter X Special rules of procedure + Article 133 (1) The causes provided for by this law on the establishment of special protection measures are the competence of the court of the child's home. (2) If the child's home is not known, the jurisdiction shall lie with the court in whose territorial constituency the child was found. + Article 134 (1) The causes provided for in art. 133 is resolved as a matter of urgency, with the citation of the child's legal representative, the general direction of social assistance and child protection and the mandatory participation of the prosecutor. (2) The hearing of the child who has reached the age of 10 is mandatory and is made in compliance with the provisions of art. 29, except for cases concerning the establishment of a special protection measure for the child abused, neglected, exploited and subjected to any form of violence on the child; in this case, the hearing of the child is made in compliance with the provisions of art. 101 101 para. ((3). (3) The terms of judgment may not be more than 10 days. (4) The parties are legally cited if the subpoena was handed to them at least one day before the trial. (5) The presidential order of placing the child as a matter of urgency in a person, family, a maternal assistant or in a residential 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 + Article 135 (. The decisions by which the substance of the case shall be settled shall be decided on the day on which the proceedings have ended. (. In special circumstances, the pronouncement may be deferred for no more than two days. + Article 136 (1) The judgment of the court is enforceable and final. (. The judgment shall be drawn up and communicated to the parties no later than 10 days after the ruling. + Article 137 The time limit for appeal shall be 10 days from the date of the communication + Article 138 The provisions of this law on the procedure for settling cases concerning the establishment of special protection measures shall be duly completed with the provisions of the Code of Civil Procedure. + Article 139 In all cases concerning the application of this law, the general direction of social assistance and protection of the child from the residence of the child or in whose administrative-territorial area the child was found shall draw up and submit to the court the report concerning the child, which will include data on: a) the personality, physical and mental state of the child; b) the socio-medical and educational background of the child; c) the conditions in which the child was raised and in which he lived; d) proposals regarding the person, family or residential service in which the child could be placed; e) any other data relating to the growth and education of the child, which may serve the resolution of the case. + Article 140 The cases concerning the application of this law are exempt from judicial stamp duty and judicial stamp duty. + Chapter XI Liabilities and penalties + Article 141 (1) Failure to comply with the obligations provided for in 41 41 para. ((2), art. 52 52 para. ((4) and art. 96 constitutes serious disciplinary misconduct and is sanctioned according to the law. (2) Failure to comply with the obligation provided for in 41 41 para. ((3), art. 91 91 para. (3) first sentence and art. 118 118 para. ((1) lit. a) constitutes disciplinary misconduct. + Article 142 (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 10 10 para. ((1); b) non-compliance with the obligation provided 10 10 para. ((2); c) non-compliance with the obligations provided 11 11 para. ((1) and (3); d) non-compliance with the obligation provided 12 12 para. ((1); e) the non-communication by the police bodies of the results of specific checks on the identity of the mother, in accordance with the provisions of 12 12 para. ((3); f) non-performance by the public service of social assistance of the declaration of birth registration, in accordance with the provisions of art. 12 12 para. ((6); g) non-compliance with the obligation provided 12 12 para. ((7); h) non-compliance with the obligation provided 14 14 para. ((1); i) non-compliance with the obligations provided 16 and to art. 23 23 para. ((3); j) non-compliance with 27 27 para. ((2)-(4) and art. 87 87; k) non-compliance with 40 40 para. ((1) and (4); l) non-compliance with 52 52 para. ((2); m) non-compliance with 74 74; n) non-compliance with 84 84 para. ((3); o) non-compliance with 91 91 para. ((2); p) non-compliance with 97 97; r) non-compliance with the obligation provided 98 lit. a); s) non-compliance with the obligation provided 102 102; s) non-compliance with the obligation provided 104 104 para. ((1); t) non-compliance with 118 118 para. ((1) lit. c)-k); t) non-compliance with 127 127 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) and 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). + Article 143 Contraventions provided for in art. 142 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter XII Transitional and final provisions + Article 144 Within 6 months from the entry into force of this law, the general direction of social assistance and child protection will reassess the circumstances that were the basis of the protection measures ordered by the child protection commission and, as the case may be, require the establishment of the guardianship or the establishment of a special protection measure under the present law. + Article 145 Placement centers, emergency reception centers and maternity centers organized in the structure of former specialized public services for child protection are reorganized by the decision of the county council, respectively local of the sectors of Bucharest in the structure of the general direction of social assistance and child protection subordinated to the county council, respectively of the local council of the sectors of Bucharest, as a component functional of these, without legal personality. + Article 146 (1) Day services to prevent situations that endanger the security and development of the child, established by the county councils, as well as the staff serving these services shall be transferred to the local councils in whose territory they work. (2) I take exception to the provisions of par. (1) specialized day services for the child abused, neglected, exploited and subjected to any form of violence, which is considered of county interest. (3) If the services provided in par. (1) are part of a service complex that has as its object of activity and the protection of the child in residential regime, respectively placement center, emergency reception center or maternal center, the transfer is carried out only if it is possible separation of heritage and personnel. (4) Local councils have the obligation to preserve the destination and personnel structure of the services taken over. (5) The transfer provided in par. (1) is carried out on a protocol basis concluded between the county council and the local council. + Article 147 Auxiliary teaching and teaching staff, transferred according to art. 46 of Government Emergency Ordinance no. 26/1997 on the protection of the child in difficulty, republished, with subsequent amendments and completions, which on the date of entry into force of this Law is classified with this status within the specialized public services for protection the child, retains his status. + Article 148 Within 30 days from the entry into force of this law, the county councils, respectively the local councils of the sectors of Bucharest, the Ministry of Health, the Ministry of Internal Affairs and the Ministry of Labour, Family, Protection Social and Elderly have the obligation to designate the persons among those with control powers, who will find the contraventions and will apply the sanctions mentioned in this chapter. + Article 149 (1) On the date of entry into force of this Law, it is repealed a) art. 88 of the Family Code; b) Government Emergency Ordinance no. 26/1997 on the protection of the child in difficulty, republished in the Official Gazette of Romania, Part I, no. 276 of July 24, 1998, with subsequent amendments and completions, except art. 20 20; c) Government Decision no. 604/1997 on the criteria and procedures for the authorization of private bodies carrying out activities in the field of child protection, published in the Official Gazette of Romania, Part I, no. 280 280 of 16 October 1997; d) Government Emergency Ordinance no. 123/2001 on the reorganization of the child protection commission, published in the Official Gazette of Romania, Part I, no. 643 of 15 October 2001, approved with amendments by Law no. 71/2002 ; e) lit. A a par. ((2) of art. 3 of the Framework Regulation for the organization and functioning of the public social assistance service, approved by Government Decision no. 90/2003 , published in the Official Gazette of Romania, Part I, no. 81 81 of 7 February 2003, as amended. (2) The provisions relating to the registration of the child abandoned by the mother in hospital, contained in the Law no. 119/1996 on civil status documents, published in the Official Gazette of Romania, Part I, no. 282 of 11 November 1996, with subsequent amendments and completions *). Note
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* *) Law no. 119/1996 on the civil status documents was republished in the Official Gazette of Romania, Part I, no. 339 339 of 18 May 2012, subsequently amended and supplemented by Law no. 213/2013 .
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(3) On the date of entry into force of this Law, any other provisions shall be repealed.
+ Article 150 (1) The initial training in the field of child rights protection is mandatory for all professional categories in the system and for those who have decision-making powers regarding the child. (2) Continuous education and continuing vocational training in the field of special child protection shall be ensured for all professional categories in the system. (3) The Ministry of Labour, Family, Social Protection and Elderly together with the Ministry of National Education, the Ministry of Health, as well as, as the case may be, with the other public and private institutions concerned will ensure initial and continue staff who, in the exercise of their duties, come into contact with the field of protection and promotion of the rights of the child + Article 151 (1) In the employment of education, protection and care personnel within public and private institutions, which, by the nature of the profession, come into contact with the child, a neuropsychiatric expertise will also be required. (2) Annual staff referred to in par. ((1) is psychologically evaluated. (3) Reports on neuropsychiatric surveys, as well as psychological evaluation reports shall be kept in accordance with the law on the personnel file of the employee. + Article 152 (1) The own regulations of legal persons carrying out child protection activities will expressly specify the rules established to ensure the exercise of the rights and the performance of the duties the children have, in accordance with their age, health and degree of maturity. (2) These regulations will be displayed in a visible place, so as to allow the access of children and their adequate information. + Article 153 The provisions of this law are supplemented by other regulations referring to the rights of the child, including the provisions contained in the international conventions and treaties to which Romania is a party. + Article 154 The elaboration of draft normative acts referring to any of the rights of the child provided by this law shall be made mandatory with the opinion of the Ministry of Labour, Family, Social Protection and Elderly. + Article 155 (1) The present law shall enter into force on January 1, 2005, except for the provisions of 19 19 para. ((3) *), art. 84 84 para. ((2) * *), art. 104 104 para. ((2) * **), art. 105 105 para. ((5) * ***), art. 107 107 para. ((2) * ****) which takes effect 3 days from the date of publication of the present law in the Official Gazette of Romania, Part I. Note
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*) Art. 24 para. (3), former art. 19 19 para. ((3).
**) Art. 88 para. (2), former art. 84 84 para. ((2).
***) Article 115 para. (2), former art. 104 104 para. ((2).
****) Article 116 para. (5), former art. 105 105 para. ((5).
*****) Art. 119 para. (2), former art. 107 107 para. ((2).
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((2) The procedure for the return of children to the country, the identification of parents or other legal representatives of children, the way of advancing the expenses occasioned by their return to the country, as well as the special, public protection services or private, competent to ensure the emergency protection of children abroad, who, for any reason, are not accompanied by their parents or by another legal representative or are not found under the legal supervision of persons from abroad, provided in art. 24 24 para. ((3), shall be drawn up by the National Authority for Child Protection and Adoption * *****). Note
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******) On January 1, 2005 the phrase "National Authority for Child Protection and Adoption" was replaced by the phrase "National Authority for the Protection of Children's Rights", by Law no. 275/2004 for amendment Government Emergency Ordinance no. 12/2001 on the establishment of the National Authority for Child Protection and Adoption, published in the Official Gazette of Romania, Part I, no. 557 557 of 23 June 2004.
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(3) The organization and methodology of operation of the child protection commission, provided in art. 115 115 para. (2), shall be drawn up by the National Authority for Child Protection and Adoption * *****). Note
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******) On January 1, 2005 the phrase "National Authority for Child Protection and Adoption" was replaced by the phrase "National Authority for the Protection of Children's Rights", by Law no. 275/2004 for amendment Government Emergency Ordinance no. 12/2001 on the establishment of the National Authority for Child Protection and Adoption, published in the Official Gazette of Romania, Part I, no. 557 557 of 23 June 2004.
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(4) The framework regulation for the organization and functioning of the services provided in art. 119 119 para. (2) shall be drawn up by the National Authority for Child Protection and Adoption * *****). Note
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******) On January 1, 2005 the phrase "National Authority for Child Protection and Adoption" was replaced by the phrase "National Authority for the Protection of Children's Rights", by Law no. 275/2004 for amendment Government Emergency Ordinance no. 12/2001 on the establishment of the National Authority for Child Protection and Adoption, published in the Official Gazette of Romania, Part I, no. 557 557 of 23 June 2004.
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(5) The types of specialized services, provided in art. 88 88 para. (2), which shall ensure for the duration of the application of measures intended for the child committing criminal acts and not criminally liable, in order to assist the children in the process of reintegration into society, as well as the standards relating to the The National Authority for Child Protection and Adoption * ****) in collaboration with the Ministry of Justice. Note
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******) On January 1, 2005 the phrase "National Authority for Child Protection and Adoption" was replaced by the phrase "National Authority for the Protection of Children's Rights", by Law no. 275/2004 for amendment Government Emergency Ordinance no. 12/2001 on the establishment of the National Authority for Child Protection and Adoption, published in the Official Gazette of Romania, Part I, no. 557 557 of 23 June 2004.
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(6) The attributions and the framework regulation for the organization and functioning of the general directorate of social assistance and child protection, provided in art. 116 116 para. (5), shall be elaborated by the Ministry of Labour, Family, Social Protection and Elderly. Note
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NOTE:
We reproduce below the provisions art. II-IV of Law no. 257/2013 to amend and supplement Law no. 272/2004 on the protection and promotion of the rights of the child, not incorporated in the republished form Law no. 272/2004 and which continue to apply as own provisions of the amending law:
"" Art. II. -Government decisions provided in art. 12 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.
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Subsequently, by art. I section 70 70 of Law no. 257/2013 to amend and supplement Law no. 272/2004 on protection and promotion of children's rights, published in the Official Gazette of Romania, Part I, no. 607 of September 30, 2013, the phrase "National Authority for the Protection of Children's Rights" was replaced by the phrase "Ministry of Labour, Family, Social Protection and Elderly".
*******) Article 12 ^ 1 has become, by renumbering, art. 15.
********) Art. 87 ^ 1 para. (2) has become, by renumbering, art. 92 92 para. ((2).
*********) Art. 97 ^ 4 became, by renumbering, art. 107.
**********) Art. 106 para. (3) has become, by renumbering, art. 118 118 para. ((3).
Art. III. -On the date of entry into force of this Law, the 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).
Art. IV. -Until the approval of the law on the organization and functioning of the guardianship court, the attributions of this law are fulfilled by the court. "
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