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LAW OF THE REPUBLIC OF MOLDOVA

of June 14, 2013 No. 140

About special protection of children, being in risk situations, and the children separated from parents

(as amended on 09-07-2020)

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject of the law

This law establishes procedures of identification, assessment, the help, the direction, monitoring and accounting of the children who are in risk situations, and the children separated from parents and also establishes the authorities and structures responsible for application of the specified procedures.

Article 2. Scope of this law

Children use protection according to the procedure, established by this law, without any discrimination, irrespective of race, skin color, floor, language, religion, political or other convictions, nationality, ethnic origin or social origin, the status in case of the birth, financial position, degree and type of restriction of opportunities, specific aspects of education and education of the child, parents, legal representatives or legally responsible persons, and also irrespective of the location of the child (family, teaching and educational organization, social service, medical institution, community, etc.).

Article 3. Basic concepts

For the purpose of this law the following basic concepts are used in value:

the central body for protection of the child - the Ministry of Health, work and social protection, authorized to develop, advance and perform monitoring of realization of policy of the state in the field of protection of the child;

local body of guardianship - primara of villages (communes), cities;

territorial authority of guardianship - departments/management of social security and protection family/management on protection of the rights of the child of municipium of Chisinau. In municipiums of Belts and Chisinau the territorial authority of guardianship performs also powers of local body of guardianship, except for the autonomous administrative and territorial units which are part of these municipiums in which local body of guardianship are primara of the corresponding administrative and territorial units;

the child - the person who did not reach 18 years and not having full legal capacity;

the child who is in risk situation - the child concerning whom as a result of assessment are established one or more situations provided in Article 8;

the child separated from parents - the child who is actually deprived of care of the parents/only thing of the parent in the situations caused by reasonable finding of that/that in other settlement in the country or abroad more than two months in a row; the child who was taken away from parents in view of direct threat of his life or to health; the child to whom the status of the child, temporarily without parental support, or the child, without parental support is established;

the thrown child - the child revealed as the child without parents or other legally accompanying his face, in case of impossibility of establishment of neither the children, nor parents proving the identity of data;

the highest interest of the child - providing satisfactory conditions for growth and harmonious development of the child taking into account specific features of his personality and specific provision in which it is;

family - parents and their children;

expanded family - the child's relatives to the fourth degree of relationship inclusive;

the legal representative of the child - the child's parent, person or authority appointed according to the law to protect legitimate rights and interests of the child and to act on behalf of the child in questions of protection, safety, health protection, education, property and in other areas;

work with case of the beneficiary - the main method of work of the specialist in protection of the rights of the child or the social assistant by means of whom he estimates together with the child and his family needs of those coordinates, performs monitoring, estimates and supports the child and his family in that, as for obtaining to corresponding specified requirements of social services and benefits;

multi-profile group - the group called by the specialist in protection of the rights of the child or, in the absence of that, the social assistant to community, consisting of specialists of various areas given authority in the sphere of protection of children which cooperates for the purpose of prevention and/or hearing of cases of the children who are in risk situation;

the individual plan of the help - the document by means of which planning of services, benefits and measures for protection of the child on the basis of complex assessment of the child and his family is performed;

violence over the child - the ill-treatment forms from parents / legal representatives / faces which is looking after the child or any other person which lead to causing the actual or potential harm to health of the child and create threat of his life, to development, advantage and morality, the including violence types determined in article 2 of the Law on the prevention and suppression of violence in family No. 45-XVI of March 1, 2007;

neglect the child - omission or evasion, conscious or irresponsible, from obligations on rashcheniye and education of the child that physical, intellectual, spiritual, moral or social development of the child puts in danger, its corporal integrity, physical or mental health. The neglect can take the following forms:

a) food neglect - deprivation of the child of food or malnutrition of the child;

b) neglect in providing the child with clothes - lack of clothes and/or footwear, especially necessary for the cold period of year;

c) neglect hygiene - non-compliance with general regulations of personal hygiene, insanitary housing conditions, life-endangering or to health of the child;

d) neglect medical care - absence or refusal of necessary medical care for protection of life, corporal integrity and health of the child, not address to health workers in urgent cases;

e) neglect education - refusal of transfer of the child in school organization and not visit by the child of school;

f) emotional neglect - ignoring of psychoemotional problems of the child;

g) neglect supervision - statement or leaving of the child in such conditions and circumstances in which lack of supervision can lead to disease, injury rate, operation or the death of the child;

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