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LAW OF THE REPUBLIC OF MOLDOVA

of November 30, 2018 No. 299

About the measures and services intended to children with deviant behavior

(as amended of the Law of the Republic of Moldova of 09.06.2022 No. 156)

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject of the law

This law regulates the measures and services intended to children with deviant behavior, categories of receivers of these measures and services, the principles and the purposes of establishment of the measures intended to children with deviant behavior and also procedure for establishment, prolongation, change and cancellation of such measures.

Article 2. Subjects of the law

Provisions of this law are applied in the relation:

a) the children who made the act provided by the penal statute, but which is not subject to criminal liability;

b) the children who made the act provided by the law on offenses, but which is not subject to pravonarushitelny responsibility;

c) parents, other legal representatives or persons on whose care there are children provided by Items a) and b);

d) the persons/organizations responsible for providing the measures and services intended to the children provided by Items a) and b).

Article 3. Purposes of measures and services

The purposes of the measures and services intended to children with deviant behavior are:

a) provision of qualified public, pedagogical, psychological, information or other assistance to children with deviant behavior for realization of positive changes in their behavior;

b) creating favorable conditions for socialization, resocialization and development (self-development) of children with deviant behavior;

c) assignment of universal values, education of feeling of equality, responsibility for the acts, respect for human rights and freedoms, encouragement of aspiration to social integration;

d) strengthening of the relations of children with deviant behavior with the environment favorable for their development.

Article 4. Guidelines

In case of establishment of measures and services for children with deviant behavior the following principles are considered:

1) principle of observance and priority promotion of the highest interest of the child. The child shall use protection for ensuring its welfare, and necessary legal and administrative means for this purpose shall be applied;

2) the principle of participation of the child in decision making in its relation. Before establishment of measure the child should give the chance to be heard as it is direct, and through his legal representative or faces on whose care he is. The opinion of the child when it does not contradict its own interests, shall be taken into account;

3) principle of individualization. In case of decision making, concerning the child, its age and degree of maturity, mental and physical qualities, requirements, social environment in which it is, and other circumstances are considered;

4) principle of stimulation of education of the child. The child should be helped to bring up him in the spirit of development of responsibility for the acts in family and social circles;

5) principle of responsibility of parents. Parents shall take all necessary measures for observance and providing the rights of the child and for accomplishment of parental responsibilities;

6) the principle of not separation with family. It is possible to separate the child from family only under condition if its content in family does not correspond to the highest interest of the child and/or safety of family;

7) principle of inklyuziya. The state shall provide necessary conditions for mobilization of community in the course of resocialization and social integration of the child with deviant behavior. In harmonious education and social integration of the child diversified approach and support, participation of local community, non-profit organizations, companies, bodies of the public power and public organizations shall be encouraged;

8) principle of availability. The state shall provide availability and convenience of visit of social specialized and highly specialized services in close proximity to the residence of the child.

9) principle of subsidiarity. The measures intended to children with deviant behavior are established with observance of the provisions of article 5 of the Law on special protection of children which are in risk situations, and the children separated from parents, No. 140/2013.

Chapter II of the Measure, intended to children with deviant behavior. Procedure for establishment, prolongation, change and termination of these measures

Article 5. The measures intended to children with deviant behavior

(1) concerning children, stipulated in Item and) Articles 2, one of the following measures can be established:

a) specialized supervision;

b) accommodation of the child in service of guardianship/guardianship or in service of family type;

c) accommodation of the child in service of residential type;

d) placement in highly specialized service of residential type.

(2) concerning children, stipulated in Item b) Articles 2, the measure of specialized supervision can be established. The measure of accommodation of the child in service of guardianship/guardianship, in service of family type or in service of residential type is established only if after establishment of measure of specialized supervision the child makes two or more acts provided by the law on offenses.

(3) Provided by parts (1) and (2) measures are appointed and implemented according to the mechanism of cross-industry cooperation approved by the Government.

(4) In case of purpose of the measures provided by parts (1) and (2), are considered:

a) the conditions promoting making of the act provided by the penal statute or the law on offenses;

b) degree of social danger of the act made by the child with deviant behavior;

c) environment in which there grew and lived the child;

d) risk of repeated making by the child of any act provided by the penal statute or the law on offenses;

e) any other elements capable to characterize the child's situation with deviant behavior.

Article 6. Specialized supervision

(1) Mer of specialized supervision consists in preserving the child with deviant behavior in family on condition of accomplishment by the child and his parents / his legal representative or person on whose care it is, on circumstances, one or several obligations, such as:

a) complete course of compulsory education;

b) use specialized services of social day service;

c) undergo medical treatment, the program of consultation or psychotherapy;

d) not visit certain places or not have bonds with certain persons;

e) not make the acts provided by the penal statute and/or the law on offenses.

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