ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of January 20, 2016 No. 7

About approval of the Framework regulations on the organization and functioning of the Commission on protection of the child who is in difficult situation

Based on part provisions (1) article 12 of the Law No. 140 of June 14, 2013 on special protection of children, being in risk situations, and the children separated from parents (The official monitor of the Republic of Moldova, 2013, Art. No. 167-172, 534), the Government DECIDES:

1. Approve the Framework regulations on the organization and functioning of the Commission on protection of the child who is in difficult situation it (is applied).

2. Recommend to bodies of local public authority of the second level and People's assembly of Gagauzia to approve own regulations on the organization and functioning of the Commission on protection of the child who is in difficult situation, according to requirements of the approved Framework provision.

3. The financial resources necessary for the organization and functioning of the mentioned commissions, will be allocated from budgets of the corresponding administrative and territorial units and Autonomous territorial education Gagauzia, other resources provided by the law.

4. To local authorities of public management of the second level and Autonomous territorial education Gagauzia to provide till February 1 of the current year to the Ministry of Labour, Social Protection and Family information on activities of said commission, according to the sample approved by the Ministry of Labour, Social Protection and Family.

5. To the Ministry of Labour, Social Protection and Family provides the necessary methodological assistance to bodies of local public authority and Autonomous territorial education Gagauzia in the course of implementation of requirements of the Framework regulations on the organization and functioning of the Commission on protection of the child who is in difficult situation.

6. Recognize invalid:

The order of the Government No. 1177 of October 31, 2007. "About creation of the Commission on protection of the child who is in difficult situation, and approval of the Framework regulations on its activities" (The official monitor of the Republic of Moldova, 2007, Art. No. 178-179, 1248);

Item of 18 changes which are made to some resolutions, the Governments approved by the Order of the Government No. 130 of February 22, 2010. (Official monitor of the Republic of Moldova, 2010, Art. No. 30-31, 177).

Approved by the Order of the Government of the Republic of Moldova of January 20, 2016 No. 7

The framework regulations on the organization and functioning of the Commission on protection of the child who is in difficult situation

I. General provisions

1. The commission on protection of the child who is in difficult situation (further – the Commission), is body, authorized to issue the conclusion about approval of measures for family support for overcoming situations of risk and the prevention of separation of the child with family, and also measures for protection of the child separated from parents.

2. The commission is created as a part of bodies of local public authority of the second level and Executive committee of Gagauzia and submits to department/management of the public assistance and protection of family of regional councils, municipium of Belts, municipal authority on protection of the rights of the child of Chisinau and Department of health care and social protection of Executive committee of Gagauzia.

3. In this Provision the basic concepts in the following value are used:

1) local body of guardianship – primara of villages (communes) and cities;

2) territorial authority of guardianship – departments/management of social security and protection of family of district councils / municipium of Belts, municipal authority on protection of the rights of the child of Chisinau and Department of health care and social protection of Executive committee of Gagauzia;

3) the planned placement – accommodation of the child in social service for a certain period of time, according to provisions of the individual plan of the help;

4) manager of case – the specialist in territorial structure of social security, responsible for coordination of process of accomplishment of the individual plan of the help to the child, and also for development and accomplishment of the individual plan of services for the child;

5) 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 situation in which it is.

4. In the activities the Commission is guided by regulations of the Convention of the UN on the rights of the child, the Constitution of the Republic of Moldova, the Family code No. 1316-XIV of October 26, 2000, the Law No. 338-XIII of December 15, 1994 on the rights of the child, the Law No. 140 of June 14, 2013 on special protection of children which are in risk situation, and the children separated from parents, other regulations in the field of protection of the rights of the child and also this Provision.

II. Tasks, powers of the Commission and principles of activities

5. The commission has the following tasks:

1) ensuring obtaining with families with children in situation of risk of necessary support for overcoming situations of risk and the prevention of separation of the child with family or for reintegration of the child into family;

2) ensuring decision making about separation of the child by territorial authority of guardianship only in case after assessment it is determined that leaving of the child near parents is impossible or contradicts its highest interest;

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