CODE OF CRIMINAL JUSTICE FOR CHILDREN   |   37/2017

Article 69: Placing a child in foster care

1A child shall be placed in foster care in an educational and/or correctional programme if the care of the parent or guardian of the child in conflict with the law for the upbringing, behaviour and personality development of the child is inadequate to fulfil the aim of the mandatory measures and if constant care and supervision by a person or specialised service is necessary.

2The educational and/or correctional programme shall be provided, where appropriate, by the responsible institutions defined by the legislation in force on the rights and protection of children. The responsible authorities under this legislation shall assign persons specialised for the application of constant care. The latter in cooperation with the child, the parent, guardian, social welfare and educational institutions, doctors and other professionals, shall influence on constant basis on the personality and behaviour of the child, take care of their treatment and monitor the fulfilment of obligations, according to an individual plan.

3Placement in foster care is decided, where appropriate, by the prosecutor or the court for a period from six months to two years.

4Constant care and supervision may be carried out without the need to separate the child completely and permanently from the previous premises. In this way, the child may be committed to the specialised service for 24 hours or partial duration which varies from 4 to 8 hours.

5When deciding placement in foster care, the prosecuting body shall consider that execution does not preclude the regular education and employment of the child as well as their involvement in effective activities. The activities shall be appropriate to the age, development, skills and interests of the child aiming at development of the sense of responsibility.

6The parents of a child placed in foster care may be involved in the process of application of this measure provided that it does not contradict the interests of the child. The prosecuting body, by imposing this measure, shall give to the parents or the guardian special instructions and impose on them the obligation to collaborate with the specialised person in relation to the issues that may arise.

7When the prosecuting deems the effective enforcement of the given measure to be necessary, may order as well that the child fulfils one or several mandatory measures, foreseen in article 68 of this Code.

8The service specialised for the application of the measure of placement in foster care shall inform the prosecutor in case of failure to fulfil the obligations according to this article.

9Specialised service shall be provided by the disciplinary/educational centre set up according to the legislation on the protection of the rights of the child.

10In case of a disabled child, the provisions of this article shall be applied by the specialised professionals according to the disability and according to the legislation on inclusion and accessibility.

Table of Content

    • No Comment
    • No Comment
    • No Comment
    • No Comment
    • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment