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http://www.legislationline.org/legislation.php?tid=178&lid=2857&less=false CHILD PROTECTION ACT (31 MAY 2000) REPUBLIC OF BULGARIA THIRTY-EIGHTH NATIONAL ASSEMBLY Chapter one GENERAL PROVISIONS Purpose of the Act Article 1 The present Act governs the rights of the child; the principles and the measures for child protection; the state and municipal bodies and their interaction in the process of performing child protection activities, as well as the participation of non-for profit legal entities and natural persons in the said activities. Definition of "a child" Article 2 In the meaning of the present Act a child shall be any natural person, who has not reached the age of 18. Principles of protection Article 3 Child protection shall rest on the following principles: 1. recognition and respect for the child's personality; 2. the child shall be brought up in a family environment; 3. the interests of the child shall be secured in the best possible way; 4. special protection shall be provided to children at risk or to children of prominent talent; 5. voluntary participation in child protection activities shall be encouraged; 6. persons directly involved in child protection activities shall be selected in accordance with their personal qualities and social communication abilities, and with care as to their professional training 7. restrictive measures shall be of temporary nature; 8. the effectiveness of measures undertaken shall be controlled. Protection measures Article 4. Child protection under the present Act shall be carried out through: 1. assistance, support and services rendered in the child's family environment; 2. placement of the child with relatives or close families; 3. placement of the child with a foster family; 4. placement of the child in a specialised institution; 5. police protection. Special protection Article 5. Special protection shall be secured to: 1. children at risk; 2. children of prominent talent. Child protection bodies Article 6. Child protection shall be implemented by: 1. The State Agency for Child Protection; 2. The municipal social assistance services; Obligation to Report Article 7. (1) Persons, who become aware of the existence of a child in need of protection, shall immediately report the case to the municipal social assistance service. (2) The same obligation shall be undertaken by all persons, who become aware of the said situation in the course of exercising their profession or occupation, irrespective of them being bound by occupational secret. Rights and Obligations of Parents Article 8. (1) All parents may request and be granted assistance from the bodies pursuant to this Act. (2) All parents shall have the right to be informed and consulted on all the measures and activities undertaken pursuant to this Act, with the exception of cases under Article 13. Parents may request alteration of measures in the event of a change of circumstances. (3) Parents shall bring into effect the measures undertaken under the present Act and shall provide assistance towards the implementation of child protection activities. (4) The provisions set forth in the previous paragraphs shall hold valid also for persons, who provide care related to the rearing and upbringing of children. Participation of Non-for-profit legal entities Article 9. (1) Non-for-profit legal entities, as well as separate natural persons shall participate in the activities related to child protection under the terms and conditions set forth in an act. (2) The persons under para 1 and the state and municipal bodies shall cooperate in their child protection activities. Chapter two RIGHTS OF A CHILD Right to Protection Article 10. (l) Every child has a right to protection with a view to his/her normal physical, intellectual, moral and social development and to protection of his/her rights and interests. (2) There shall be no limitation of rights, nor any privilege, on the grounds of race, nationality, ethnic background, sex, origin, property status, religion, education and convictions. Protection against Violence Article 11. (1) Every child has a right to protection against involvement in activities that are harmful to his or her physical, mental, moral and educational development. (2) Every child has a right to protection against all methods of upbringing, that undermine his or her dignity; against physical, psychical or other types of violence; against all forms of influence, which go against his or her interests. (3) Every child has a right to protection against the use of children for purposes of begging, prostitution, dissemination of pornographic material, receipt of unlawful pecuniary income, as well as protection against sexual abuse. (4) Every child has a right to protection against forcible involvement in political, religious and trade union activities. Right to Freedom of Expression Article 12. Every child has a right to express freely his or her opinion on all issues affecting his or her interests. He or she may seek the assistance of the bodies and persons, to whom his or her protection pursuant to this Act has been assigned. Information and Consultation Article 13. Every child has a right to be informed and consulted by the child protection body even without the knowledge thereof of his or her parents or of the persons who take care of his or her rearing and upbringing, should that be deemed necessary in view of protecting his or her interests in the best possible way and in case where informing the said persons might harm the child's interests. Protection of Religious Beliefs Article 14. (1) The attitude of children below 14 years of age towards religion shall be decided upon by their parents or legal guardians; while those of children between 14 and 18 shall be decided by common consent between them and their parents or their guardians. (2)Where such consent can not be reached, the underage person may refer through the bodies pursuant to this Act to the regional court to settle the dispute. Participation in Procedures Article 15. (1) All cases of administrative or judicial proceedings affecting the rights and interests of a child should provide for an obligatory hearing of the child, provided he or she has reached the age of 10, unless that proves harmful to his or her interests. (2) In cases where the child has not reached the age of 10, he or she may be given a hearing depending on the level of his or her development. The decision to hear the child shall be substantiated. (3) Before the child is given a hearing, the court or the administrative body shall: 1.provide the child with the necessary information, which would help him or her form his or her opinion; 2. inform the child about the possible consequences of his or her desire, of the opinion supported by him or her, as well as about all the decisions made by the judicial or administrative body. (4) The hearing and the consultation of a child shall by all means take place in appropriate surroundings and in the presence of a social worker or another appropriate specialist. (5) In every legal case the court or the administrative body shall notify the municipal social assistance service, located in the child's place of residence; the service shall send a representative of its own to the case. (6) The municipal social assistance service may represent the child in cases provided for by law. (7) The child has a right to legal aid and appeal in all proceedings, affecting his or her rights or interests. Confidentiality of Information Article 16. (1) All information, obtained through administrative or judicial proceedings and concerning a child shall not be disclosed without the parents' consent and without the child's consent where the child has reached the age of 10. (2) The court may permit the bodies under this Act to use information pursuant to para 1 without the consent of persons under para 1, should it become necessary in view of the child's interests or for purposes of undertaking child protection measures. Chapter three CHILD PROTECTION BODIES A State Agency for Child Protection Article 17. (1) The State Agency for Child Protection, further referred to as "the Agency", is a specialised body at the Council of Ministers in charge of the governance, co-ordination and control of child protection activities. (2) The State Agency for Child Protection is a legal entity maintained from state budget funds, having its seat in the city of Sofia. (3) The Agency is governed and represented by a Chairperson, who shall be nominated through a Council of Ministers' ruling and shall be appointed by the Prime Minister. (4) A Deputy Chair, appointed by the Prime Minister, shall assist the activities of the Agency Chairperson. (5) The Agency's activities, structure, work organisation and staff shall be determined by a Regulation, adopted by the Council of Ministers upon recommendation of the Chairperson. (6) The Agency Chairperson shall on an annual basis submit to the Council of Ministers a report on the Agency's activities. A National Council on Child Protection Article 18. (1) A National Council on Child Protection shall be set up at the State Agency for Child Protection. The Council shall perform consultative functions. It shall comprise representatives of the Ministry of Labour and Social Policy, the Ministry of Justice, the Ministry of Education and Science, the Ministry of Health, the Ministry of the Interior, the Ministry of Finance, the Ministry of Culture, the Committee on youth, physical education and sports, as well as non-for-profit legal entities, whose purpose of activity is child protection. (2) The structure, the organisation and the activities of the National Council on Child Protection shall be determined by a Regulation, adopted by the Council of Ministers. Functions of the Agency Article 19. The State Agency for Child Protection shall: 1. organise and coordinate the implementation of child protection state policies; 2. prepare and bring into effect national and regional programs to ensure child protection by providing the necessary financial resources and allocating them amongst the child protection departments; 3. propose to the Council of Ministers and take part in the deliberations of draft legislative acts in the field of child protection; 4. provide methodological guidance and control the municipal social assistance services in their child protection activities; 5. encourage child protection activities of non-for-profit legal entities; 6. organise and conduct scientific research and educational activities in the field of child protection; 7. perform international cooperation activities; 8. develop and maintain a national information system on: a) children in need of special protection; b) children eligible for adoption; c) specialised institutions; d) non-for-profit legal entities, working on child protection programs; e) other data, relevant to child protection. Municipal Social Assistance Service Article 20. (1) The municipal social assistance service is a specialised body in charge of conducting child protection policies within the municipality. A child protection department shall be set up at the municipal social assistance service. (2) The department under para 1 works in cooperation with state bodies and non-for-profit legal entities, whose purpose of activity is child protection. Functions of the Municipal Social Assistance Service Article 21. Pursuant to the present Act the municipal social assistance service shall: 1. perform the current practical activities of child protection within the municipality; 2. determine and bring into effect concrete measures on child protection and shall control their implementation; 3. make checks relating to complaints and signals for violation of children's rights and shall make compulsory recommendations to remedy the breaches; 4. give advice and consultations on child rearing and upbringing; 5. provide information on services offered and render assistance and support to the parents and families of children in need thereof; 6. compile and update registers on: a) children in need of special protection; b) children under police protection; c) children eligible for adoption d) children placed to live with relatives' or close friends' families; e) children placed in foster families; f) children placed in specialised institutions; g) candidate and approved foster families; h) non-for-profit legal entities, working on child protection programs; 7. render assistance and cooperation to non-for-profit legal entities, performing child protection activities; 8. assist children in their occupational orientation and training, including persons that have completed their secondary education after they had come of age; 9. organise the training and consultations for foster parents and shall cater for the selection of the latter; 10. if necessary alert the police authorities, the prosecution and the courts, who shall take immediate steps to ensure child protection; 11. propose for appointment guardians councils and trustees; 12. investigate adoption candidates from the country and supply the court with a written conclusion concerning the candidates suitability to adopt a child; prepare adoption documents and express its opinion in the cases provided for by the Family Code; 13. take part in lawsuits relating to the limitation or divestment of parents of their rights over their children; 14. upon request of judicial and administrative bodies prepare reports and view-points on the situation of children; 15. nominate the persons to perform representative functions in the meaning of Article 15 para 5; 16. provide financial assistance under the terms and conditions set forth by law. Cooperation with the guardianship and trustee body Article 22. The municipal social assistance service shall work in cooperation with the guardianship and trustee body. Chapter four CHILD PROTECTION MEASURES Protection measures in a family environment Article 23. The following shall constitute protection measures in a family environment: 1. provision of pedagogic, psychological and legal aid to parents and to persons, entrusted with parental functions, concerning problems with child rearing, upbringing and education; 2. referring persons to the centres for social rehabilitation and integration; 3. consulting and informing the child in accordance with the level of his or her development; 4. consulting the parents or the persons, entrusted with parental functions, on issues of social assistance and services; 5. provision of assistance with a view to improve living conditions; 6. conducting social work to facilitate child-parent relations and solution of relations conflicts and crises; 7. studying the individual abilities and interests of a child and referring him or her to a suitable educational establishment; 8. assistance in finding appropriate jobs for children in need thereof, who have reached the age of 16, under the conditions set forth by the labour legislation; 9. referring the child to appropriate activities to fill up his or her spare time; 10. assisting the adoptive parents in their preparation to assume their parental responsibilities, to complete the act of adoption, as well as protecting the child's rights in cases of termination of adoption. Provision of protection measures in a family environment Article 24. (1) Assistance, support and services in a family environment shall be rendered by the municipal social assistance service upon request of parents, of persons, entrusted with parental functions, of the child, as well as by discretion of the municipal social assistance service. (2) Protection measures under para 1 may be rendered in combination with other protection measures pursuant to the present Act. Grounds for placement out of the family Article 25. A child may be placed to live out of his or her family in cases where his or her parents: 1. have passed away, are unknown or have their parents rights divested or limited; 2. without valid reason permanently fail to provide care for their child; 3. are in a position of permanent inability to rear their child. Placement out of the family Article 26. (1) The placement of a child with a family of relatives or friends, as well as placement of a child to be reared by a foster family or a specialised institution shall be done by the court. Until the court comes out with a ruling, the municipal social assistance service shall provide for a temporary placement by administrative order. (2) The request to apply measures under para 1 shall be submitted to the court by the municipal social assistance service, by the prosecutor or the parent. They shall refer to the regional court, seated in the region of the municipal social assistance service. Temporary placement by administrative order Article 27. (1) Placement out of the family pursuant to Article 26 para 1 shall be done by the order of the head of the municipal social assistance service. (2) In cases of placement with relatives or friends, it is necessary to obtain the consent of the person with whom the child will be placed. (3) In cases of placement with a foster family, placement shall be done after a check has been performed on the suitability of the candidate foster persons. Placement shall be effected upon the signing of a contract with the foster family, which shall specify placement period, the funding, the contractual rights and obligations, related to the rearing and upbringing of the child. (4) The acts of the head of the municipal social assistance service shall be issued and appealed in the order set forth in the Administrative Procedure Act. Placement through the court Article 28. (1) The requests to apply measures under Article 26 para 1 shall be ruled out by the regional court, seated in the region of the municipal social assistance service. (2) The court shall immediately consider the request in an open sitting, where the bodies or the persons, that have submitted the request shall participate along with the child. (3) The court shall come out with a ruling within a one-month period. The ruling shall be disclosed to the parties concerned and shall be brought to immediate effect. In specifying the child protection measures the court shall follow the order set forth in Article 26 para 1, unless that goes against the child's interests. (4) The ruling may be appealed in front of the district court within a seven-days' period. In cases where a complaint or a letter of protest has been submitted, the court shall schedule the hearing within a period of less than seven days. The district court shall come out with a ruling, which shall be final. (5) The court may change the measure that has been ruled out upon request of the persons under Article 26 para 2 in case that is to the child's interest. Grounds for termination of placement Article 29. Placement out of the family shall be terminated: 1. upon revocation of the contract; 2. at the expiration of the term; 3. by mutual consent of the parties to the contract; 4. at the adoption of the child; 5. at the child's coming of age; 6. at the invalidation of grounds under Article 25; 7. at the death of the spouses or of the foster family person; 8. at a change in the protection measure. Procedure for placement termination Article 30. (1) Placement shall be terminated by the regional court upon request of the foster family, of the municipal social assistance service, of the child's parents or of the prosecutor. (2) Placement may be terminated temporarily by the municipal social assistance service until the ruling of the court comes out. In that case the municipal social assistance service may make a decision concerning the future rearing and upbringing of the child; or it may adopt another temporary protection measure in case that protects best the interests of the child. (3) The ruling of the regional court may be appealed against in front of the district court. The act of appeal may not stop the execution. The ruling of the district court shall be final and is not subject of cassation appeal. (4) The ruling to terminate placement shall be executed in the administrative order. Foster family Article 31. (1) A foster family shall consist of two spouses or of a separate individual, with whom a child is placed to be reared and brought up pursuant to a contract under Article 27. (2) The spouses or the person of the foster family do not bear the parental rights and responsibilities. Persons who may not apply for becoming a foster family Article 32. (1) Persons who may not apply for becoming a foster family are those that: 1. have not come of age; 2. have been placed under prohibitory injunction; 3. have been deprived of their parental rights or whose parental rights have been limited, unless that has happened for objective reasons and their parental rights have been restored; 4. may not act as guardians; 5. are guardians or trustees, as well as foster families, who have been discarded of that activity for culpable failure to fulfill obligations; 6. are unsuitable to perform parental functions as they lack the personal qualities to bring up a child and they do not have financial means to rear and care for a child. 7. are adoptive parents at the moment of adoption termination, which has been caused through their fault pursuant to the procedure set forth in the Family Code; 8. are afflicted with illnesses pursuant to Articles 36 and 36a of the National Health Act. Relations with birth parents Article 33. (1) The foster family shall provide information about the child to his or her parents and shall assist them in their personal relations with the child. Where such relations are to the interest of the child, the regional court shall rule out on their regime by a decision. (2) The decision under para 1 may be appealed pursuant to the order set forth in the Code of Civil Procedure by the parents, the child, the prosecutor, the municipal social assistance service or the foster family. Expression of opinion Article 34. The foster family has a right to express an opinion before a decision has been issued concerning a change in the child protection measure. Placement in specialised institutions Article 35. (1) Placement of children in specialised institutions shall be done in the order and under the conditions specified by the effective legislative acts. (2) Placement of children under para 1 shall be done only in cases where all possibilities for the child to stay in a family environment have been exhausted. (3) Institutions that provide services pursuant to Article 23 shall not be considered specialised institutions in the meaning of paras 1 and 2. Control Article 36. The head of the municipal social assistance service shall exercise current control on the effectiveness of measures undertaken. Police protection Article 37. (1) Provision of police protection to a child shall be done by the specialised bodies of the Ministry of the Interior. (2) The bodies under para 1 shall work in cooperation with child protection bodies. Grounds Article 38. Police protection is an urgent measure to be applied when: 1.the child has become subject of crime or there is an immediate threat for his or her life or health, as well as when there is a danger of the child getting involved in a crime; 2. the child has been lost or is in a helpless condition; 3. the child has been left without supervision. Police protection measures Article 39. (1) The specialised bodies of the Ministry of the Interior may: 1. accommodate the child in special premises, where they shall not permit any contacts with the child that may prove harmful to him or her; 2. place the child in specialised institutions and where necessary provide him or her with food; 3. return the child back to his or her parents or the persons entrusted with the parental functions. (2) The specialised bodies under para 1 shall inform the child and explain to him or her in an understandable manner the measures undertaken and the grounds for them. Obligation to notify Article 40. The police bodies, who have implemented the protection, shall notify immediately: 1. the child's parents; 2. the municipal social assistance service of the region where protection has been implemented; 3. the municipal social assistance service of the place of the child's residence; 4. the prosecution. Period Article 41. The child may not remain under police protection longer than 24 hours. Search for a disappeared child Article 42. The actions for the search of a disappeared child shall be undertaken immediately. Ordinance Article 43. The order and conditions to provide police protection shall be governed by an ordinance issued by the Minister of the Interior in agreement with the State Agency for Child Protection. Chapter five FINANCING OF CHILD PROTECTION ACTIVITIES Funding sources Article 44. Child protection activities are financed from: 1. the republican budget; 2. the municipal budgets; 3. other sources. Chapter six ADMINISTRATIVE AND PENAL PROVISIONS Punitive sanctions Article 45. (1) Persons who fail to fulfill an obligation pursuant to this Act shall be punished by paying a fine at the amount of 50 to 100 levs, unless they are subject to a more serious punishment under a special law and their act does not constitute a crime. (2) Officials who fail to fulfill an obligation shall pay a fine between 100 and 200 levs, unless they are subject to a more serious administrative punishment under a special law and their act does not constitute a crime. Procedure Article 46. (1) Offences shall be found out by an act of a social worker from the child protection department of the municipal social assistance service, whereas the penal decision shall be issued by the head of the municipal social assistance service. (2) Acts finding offences and penal decisions shall be prepared and appealed in the order set forth in the Administrative Offences and Penalties Act. ADDITIONAL PROVISION §1. In the meaning of this Act: 1. "A family environment" is the biological family of the child or the family of the adoptive persons, of the grandmother and grandfather or of the child's relatives, or a foster family, with whom the child is being placed pursuant to Article 26. 2. "Services" in the meaning of Article 23 are the social services in the usual home environment under the Social Assistance Act. 20 3. "A foster family" is a family of two spouses or of an individual person in the meaning of article 31. 4. "A specialised institution" is a child rearing and upbringing establishment with the Ministry of Health, the Ministry of Education and Science, the Ministry of Labour and Social Policy and the Ministry of the Interior. 5. "A child at risk" is a child: a) who does not have parents or has been permanently deprived of their care; b) who has become victim of abuse, violence, exploitation or any other inhuman or degrading treatment or punishment either in or out of his or her family; c) for whom there is a danger of causing damage to his or her physical, mental, moral, intellectual and social development; d) who is afflicted with mental or physical disabilities and difficult to treat illnesses. 6."A child of prominent talent" is a child that has demonstrated permanent capabilities and achievements in the field of science, arts or sports, and his or her achievements outdo those of his or her peers. TRANSITIONAL AND FINAL PROVISIONS §2. Within a period of six months from the effective date of this Act the Council of Ministers shall by decree set up a State Agency for Child Protection under the terms and conditions of the Administration Act. Financing under Article 44, items 1 and 2 shall become effective as of Jan 1/2001. §3. Within a period of six months from the effective date of this Act, the state authorities, specified in the respective provisions, shall issue the secondary legislative acts provided for by the Act. §4. The implementation of this Act is assigned to the Council of Ministers. This Act was adopted by the Thirty-eighth National Assembly on May 31/2000 and is stamped with the official seal of the National Assembly.