DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

of November 24, 2006 No. 18

About additional measures for the state protection of children in dysfunctional families

For the purpose of ensuring protection of the rights and legitimate interests of children in dysfunctional families, and according to part three of article 101 of the Constitution of the Republic of Belarus I decide increases in responsibility of the parents who are not carrying out obligations on education and content of the children:

1. Children are subject to the state protection and the placement on the state providing * if it is determined that parents (the single parent) lead immoral life that makes harmful effects on children, are chronic alcoholics or addicts or is otherwise inadequate carry out the obligations on education and content of children in this connection they are in socially dangerous provision.

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* The placement of children on the state providing for the purposes of this Decree is understood as their placement to child care residential care facilities (children's homes, social and pedagogical organizations, boarding schools for orphan children and children without parental support, auxiliary schools - the boarding schools, special general education boarding schools, special teaching and educational facilities, special medical and educational facilities and other organizations providing conditions for accommodation (content) of children), organizations of professional, secondary vocational, higher education, orphanages of family type, tutorial families, foster homes.

State bodies, other organizations, the citizens having the information about the children specified in part one of this Item shall report immediately about it in the commission on cases of minors, the guardianship and custody body, other state organizations authorized by the legislation to perform protection of the rights and legitimate interests of children, in the location of these children.

In the presence of the bases specified in part one of this Item, the commission on cases of minors of district (city) executive committee, local administration (further - the commission for minors) in the location of the child in three-day time makes the decision on recognition of the child needing the state protection, on confiscation of the child at parents (the single parent), establishment to it the status of children without parental support, the placement of the child on the state providing (further - the decision on confiscation of the child). In case of decision about confiscation of the child the commission on cases of minors performs functions of guardianship and custody bodies.

For the purpose of ensuring presentation in court of necessary documents for consideration of the requirement about collection from parents of the expenses spent by the state for content of the children who are on the state providing (further - expenses on content of children), in the decision on confiscation of the child record about obligation of parents within ten-day term it is made to submit within management (department) of formation of local executive and administrative organ (daleeupravleniye (department) of education) the identity document, and the copy of the conclusion of the medical and consulting commission about availability or absence of diseases in case of which parents (parent) cannot carry out parental responsibilities, certified by the state organization of health care. The copy of the decision on confiscation of the child is handed to parents (parent) from whom the child is taken away, and also goes no later than the day following behind day of pronouncement of this decision, to law-enforcement body at the place of residence of the obliged person.

The corresponding prosecutor is notified on the made decision on confiscation of the child in three-day time. In case of identification of violations of the law in case of pronouncement of this decision the prosecutor after receipt of this decision shall bring idea of its cancellation in three-day time.

The decision on confiscation of the child is obligatory for execution by state bodies, other organizations, their officials, citizens.

2. Confiscation of the child is performed no later than the day following behind day of decision about confiscation of the child, the commission created by the commission on cases of minors. The commissions are included representatives of management (department) of education, law-enforcement body and in need of management (committee) of health care of local executive and administrative organ, and also other organizations.

After confiscation the child is located on the state providing according to the procedure, established by the legislation.

3. In exceptional cases in case of direct threat of life or to health of the child it the guardianship and custody body according to part two of article 85 of the Code of the Republic of Belarus about scrap and family has the right to make the decision on immediate confiscation.

4. The commission on cases of minors after decision about confiscation of the child shall:

within five working days to inform on the made decision of the organization for place of employment of parents from whom children are taken away, and in cases when parents do not work or when the child is granted pension, - management (department) of work, employment and social protection or management (department) of social protection of local executive and administrative organ;

in six-months time to make the relevant decision:

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