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Law 272/2004 on the protection and promotion of children's rights

Law 272/2004 on the protection and promotion of children's rights



The Romanian parliament
Law no. 272/2004
from 21/06/2004
Published in the Official Gazette, Part I no. 557 of 06/23/2004
regarding the protection and promotion of the rights of the child
The Romanian Parliament adopts this law.
CHAPTER I
General provisions and definitions
Article 1 - (1) The present law regulates the legal framework regarding the respect, promotion and guarantee of the rights of the child.
(2) Public authorities, authorized private bodies, as well as natural persons and persons
legal entities responsible for the protection of the child are obliged to respect, promote and guarantee the rights of the child established by the Constitution and the law, in accordance with the provisions of the United Nations Convention on the Rights of the Child, ratified by Law no. 18/1990, republished, and of the other international acts in the matter to which Romania is a party.
Article 2 - (1) The present law, any other regulations adopted in the field of compliance and promotion
of the rights of the child, as well as any legal act issued or, as the case may be, concluded in this area
subordinates with priority the principle of the best interest of the child.
(2) The principle of the best interest of the child is imposed including in relation to the rights and obligations of the child's parents, other legal representatives of the child, as well as any persons to whom the child has been legally placed.
(3) The principle of the best interest of the child shall prevail in all the actions and decisions regarding the children, taken by the public authorities and by the authorized private bodies, as well as in the cases solved by the courts.
(4) The persons mentioned in par. (3) are obliged to involve the family in all decisions, actions and measures regarding the child and to support the care, growth and formation, development and education of the child within the family.
Article 3 - The provisions of the present law benefit from:
a) the children of Romanian citizens on the territory of Romania;
b) children of Romanian citizens abroad;
c) children without citizenship located in the territory of Romania;
d) children who request or benefit from a form of protection under the conditions of legal regulations
regarding the status and regime of refugees in Romania;
e) the children of foreign nationals who are on the territory of Romania, in emergency situations found, under the conditions
of the present law, by the competent Romanian public authorities.
Article 4 - For the purposes of this law, the terms and expressions below have the following meanings:
a) child - the person who has not reached the age of 18 and has not acquired the full capacity of exercise, according to the law;
b) family - their parents and their children;
c) extended family - the child, his parents and relatives up to the fourth degree inclusive;
d) substitute family - the persons, other than those belonging to the extended family, who, under the conditions of the law, ensure the raising and care of the child;
e) the individualized protection plan - the document through which the services, services and special protection measures of the child are planned, based on the psychosocial evaluation of him and his family, in order to integrate the child who was separated from his family into a permanent stable family environment, as soon as possible;
f) the service plan - the document through which the planning of the provision of services and services is carried out, based on the psychosocial evaluation of the child and the family, in order to prevent the separation of the child from his family;
g) legal representative of the child - the parent or the person designated according to the law to exercise the rights and fulfill the parental obligations towards the child;
h) A.N.P.D.C. - National Authority for the Protection of the Rights of the Child;
i) C.P.C. - the commission for child protection;
j) D.G.A.S.P.C. - the general direction of social assistance and child protection;
k) S.P.A.S. - the public service of social assistance;
l) O.R.A. - The Romanian Office for Adoptions.
Article 5 - (1) Children have the right to protection and assistance in the realization and full exercise of
of their rights, under the conditions of this law.
(2) The responsibility for raising and ensuring the development of the child rests first and foremost with the parents, having the obligation to exercise their rights and to fulfill their obligations towards the child, taking into account the best interests of the child.
(3) In the alternative, the responsibility rests with the local community of which the child and his family belong. The authorities of the local public administration have the obligation to support the parents or, as the case may be, another legal representative of the child in the fulfillment of their obligations regarding the child, developing and ensuring for this purpose diversified, accessible and quality services, corresponding to the needs of the child.
(4) The state intervention is complementary; the state ensures the protection of the child and guarantees
the observance of all its rights through the specific activity carried out by the state institutions and by
public authorities with attributions in this field.
Article 6 - Respecting and guaranteeing the rights of the child is carried out according to the following
principles:
a) respecting and promoting with priority the best interests of the child;
b) equal opportunities and non-discrimination;
c) the responsibility of the parents regarding the exercise of the rights and the fulfillment of the obligations
parental;
d) the primordiality of the responsibility of the parents regarding the respect and guarantee of the rights
child;
e) decentralization of child protection services, multi-sectoral intervention and partnership between public institutions and authorized private bodies;
f) providing individualized and personalized care for each child;
g) respecting the dignity of the child;
h) listening to the child's opinion and taking it into consideration, taking into account the age and the
his degree of maturity;
i) ensuring stability and continuity in the care, growth and education of the child, taking into account the
its ethnic, religious, cultural and linguistic origin, in case of taking a protective measure;
j) speed in making any decision regarding the child;
k) ensuring protection against child abuse and exploitation;
l) interpretation of each legal norm regarding the rights of the child in correlation with the whole
regulations in this area.
Article 7 - The rights provided by this law are guaranteed to all children without any discrimination, regardless of race, color, sex, language, religion, political opinion or other opinion, nationality, ethnicity or social origin, material situation, degree and type. of a
deficiencies, by the birth status or by the acquired status, by the difficulties of formation and development or of another kind of the child, the parents or other legal representatives or any other distinction.

Chapter II - The rights of the child


SECTION 1 - Civil rights and freedoms
Article 8. - (1) The child has the right to establish and maintain his identity.
(2) The child is registered immediately after birth and has from this date the right to a name, the right to acquire a citizenship and, if possible, to know his parents and to be cared for, raised and educated by them.
(3) The parents choose the name and surname of the child, according to the law.
(4) The child has the right to preserve his citizenship, the name and the family relations, under the conditions provided by law, without any interference.
(5) If it is found that a child is illegally deprived of the constituent elements of his identity or of some of them, public institutions and authorities are obliged to take urgently all the necessary measures to restore the child's identity.
Article 9 - (1) In order to achieve the right provided in art. 8 paragraph (1), the health units that have in the structure of newborn and / or pediatric sections have the obligation to hire a social worker or, as the case may be, to appoint a person with social assistance duties.
(2) In order to establish the identity of the child left or found or of his parents, the competent police bodies have the obligation to designate one or more persons responsible for carrying out the steps that are due to them, according to the law, for the registration of the child's birth.
Article 10 - (1) The medical certificate confirming the birth, both for the live-born child and for the dead-born child, shall be drawn up within 24 hours after birth.
(2) The responsibility for the fulfillment of the obligation provided in par. (1) it is the doctor who has assisted or found the birth and the head of the department.
(3) When the birth took place outside the sanitary units, the family doctor having the registered office in the territorial area where the birth took place is obliged to, at the request of any person, within 24 hours, to ascertain the birth of the child, after which to draw up and issue the medical certificate confirming the birth of the child, even if the mother is not listed on her cabinet list.
Article 11 - (1) In case the child is left by the mother in the maternity, the medical unit has the obligation to notify by telephone and in writing the general direction of social assistance and the protection of the child and the police bodies, within 24 hours from the finding of the mother's disappearance. .
(2) Within 5 days from the notification provided in par. (1), a report is drawn up to find out the child's departure, signed by the representative of the general directorate of social assistance and child protection, the police and maternity representative; when the health of the child allows the discharge, based on the minutes, the general direction of social assistance and child protection will establish the measure of placement in emergency regime for the child.
(3) Within 30 days from the preparation of the report, the police is obliged to undertake the specific verifications regarding the mother's identity and to communicate the result of these checks to the general directorate of social assistance and child protection.
(4) In the situation in which the mother is identified, the general direction of social assistance and protection
the child will ensure its counseling and support in order to carry out the actions related to
drawing up the birth certificate.
(5) In the situation where, after the police checks, it is not possible to identify the mother, the general department of social assistance and child protection transmits to the public service of social assistance in whose administrative-territorial area the file containing the medical certificate was produced. of the birth, the report provided in par. (2), the emergency placement arrangement and the police response with the result of the checks.
(6) Within 5 days from the receipt of the documentation provided in par. (5), the public service of social assistance has the obligation to obtain the disposition to establish the name and surname of the child, in accordance with the provisions of Law no. 119/1996 regarding the civil status documents, with the subsequent modifications, and to make the declaration of birth registration at the competent civil status service.
(7) After registering the child's birth, the public social assistance service has the obligation to transmit to the general directorate of social assistance and child protection the act of registering the child's birth.
Article 12 - (1) In the situation of the child found, as well as the one left by the parents in other health units, whose birth has not been registered, the obligation to carry out the measures provided by law for the registration of the child's birth rests with the public social assistance service where the administrative-territorial radius was found or left the child.
(2) The forensic expertise necessary for the registration of the child's birth is free.
Article 13 - (1) Health units, social protection units, residential care services, entities without legal personality, other legal persons, as well as natural persons, who hospitalize or receive pregnant women or children who do not possess documents based on which to be able to establish their identity, they are obliged to announce, within 24 hours, in writing, the authority of the local public administration in whose area they have their headquarters or, where appropriate, their domicile, in order to establish their identity.
(2) The person who takes a child to care for or temporarily protect it, until the establishment of a protection measure under the law, has the obligation to maintain it and, within 48 hours, to announce the authority of the local public administration in which the territorial area has its headquarters or domicile.
Article 14 - (1) The child has the right to maintain personal relationships and direct contacts with parents, relatives, as well as with other persons with whom the child has developed attachment relationships.
(2) The child has the right to know his relatives and to maintain personal relations with them, as well as with other persons with whom the child has enjoyed the family life, insofar as this does not contradict his or her best interests.
(3) The parents or another legal representative of the child cannot prevent his personal relations with his grandparents, brothers and sisters or with other persons with whom the child has enjoyed family life, except in cases where the court decides in this regard, appreciating that there are good reasons for jeopardizing the physical, mental, intellectual or moral development of the child.
Article 15 - (1) For the purpose of the present law, personal relations can be realized through:
a) meetings of the child with the parent or with another person who, according to the present law, has the right to personal relations with the child;
b) visiting the child at his / her home;
c) hosting the child during the period determined by the parent or by another person where the child does not habitually live;
d) correspondence or other form of communication with the child;
e) the transmission of information to the child regarding the parent or other persons who, according to the present law, have the right to maintain personal relations with the child;
f) the transmission of information regarding the child, including recent photographs, medical or school assessments, to the parent or other persons who have the right to maintain personal relations with the child.
(2) Transmission of the information provided in par. (1) lit. e) and f) will be done with the respect of the best interests of the child, as well as of the special provisions regarding confidentiality and the transmission of personal information.
Article 16 - (1) The child who has been separated from both parents or one of them by a measure provided under the law has the right to maintain personal relationships and direct contacts with both parents, unless this contravenes the best interests of child.
(2) The court, taking into account, with priority, the best interests of the child, may limit the exercise of this right, if there are compelling reasons of nature that jeopardize the physical, mental, spiritual, moral or social development of the child.
Article 17 - (1) The child whose parents live in different states has the right to maintain personal relationships and direct contacts with them, unless this is contrary to the best interests of the child.
(2) The exercise of the right provided in par. (1) will be facilitated by the National Authority for the Protection of the Rights of the Child, in collaboration with the Ministry of Foreign Affairs, based on a procedure approved by common order.
Article 18 - (1) Children who are not accompanied by their parents or other legal representative or who are not under the legal supervision of some persons have the right to ensure, as soon as possible, their return with their legal representatives.
(2) The movement of children in the country and abroad is accomplished with the notification and consent of both parents; any disagreements between the parents regarding the expression of this agreement are solved by the court.
(3) The parents or, as the case may be, another person responsible for the supervision, raising and caring of the child are obliged to notify the police of his disappearance from home, within 24 hours of finding the disappearance.
Article 19 - (1) The diplomatic and consular missions of Romania have the obligation to notify the National Authority for the Protection of the Rights of the Child regarding the children of Romanian citizens abroad, who, for whatever reasons, are not accompanied by parents or another legal representative or are not I find under the legal supervision of some persons from abroad.
(2) The National Authority for the Protection of the Rights of the Child shall take the necessary measures for the return of the child to the parents or to another legal representative, immediately after their identification. In case the identified persons cannot or refuse to take the child, at the request of the National Authority for the Protection of the Rights of the Child, the court at the child's domicile or the Bucharest Court, in the case in which this domicile is not known, will order the placement of the child in a service of special protection proposed by the National Authority for the Protection of the Rights of the Child.
(3) The procedure for returning the children to the country, identifying the parents or other legal representatives of the children, the way of advancing the expenses occasioned by the return to their country, as well as the special protection services, public or private, competent to provide emergency protection of children in the situation provided in par. (1) are established by Government decision.
Article 20. - (1) Foreign diplomatic and consular missions have the obligation to notify the National Authority for the Protection of the Rights of the Child and the Authority for Foreigners about all the situations in which foreign nationals who are in the territory of Romania know of children, who, for whatever reasons, are not accompanied by parents or another legal representative or are not under the legal supervision of some persons. If the Romanian authorities self-assess, they will urgently notify the competent foreign mission regarding the children in question.
(2) In the situation of the children mentioned in par. (1), the National Authority for the Protection of the Rights of the Child, until the finalization of the legal steps that fall within the competence of the Foreign Authority, will ask the Bucharest Court to establish the placement of the child in a special protection service proposed by the National Authority for the Protection of the Rights of the Child.
(3) The measure of the placement lasts until the return of the child to the country of the parents' residence or to the country in which other members of the family willing to take the child have been identified.
(4) In the case of the child's non-return, the child benefits from the special protection provided in this law.
Article 21 - In order to apply the provisions of art. 19 and 20 conclude the necessary treaties with the states or with the authorities of the countries concerned, based on the proposals of the National Authority for the Protection of the Rights of the Child and of the Ministry of Foreign Affairs, as well as of other interested institutions.
Article 22 - (1) The child has the right to protect his public image and his intimate, private and family life.
(2) Any action of a nature that affects the public image of the child or his right to intimate, private and family life is forbidden.
(3) The participation of the child up to 14 years of age in public debates in audiovisual programs may be done only with the written consent of him and his parents or, as the case may be, of another legal representative.
(4) Children may not be used or exposed by parents, legal representatives or other persons responsible for their upbringing and care, in order to obtain personal benefits or influence the decisions of public authorities.
(5) The National Audiovisual Council monitors the way in which the audiovisual programs are carried out, so as to ensure the protection and guarantee of the child's right provided in par. (1).
Article 23 - (1) The child has the right to freedom of expression.
(2) The child's freedom to seek, receive and disseminate information of any kind, aimed at promoting his social, spiritual and moral well-being, his physical and mental health, in any form and by any means of his choice, is inviolable.
(3) The parents or, as the case may be, other legal representatives of the child, the persons who have children in placement, as well as the persons who, by the nature of the function, promote and ensure the respect of the rights of the children have the obligation to provide information, explanations and advice, depending on their age and degree of understanding, as well as allowing them to express their point of view, ideas and opinions.
(4) Parents may not limit the right of the minor child to freedom of expression except in the cases expressly provided by law.
Article 24 - (1) The child capable of discernment has the right to freely express his opinion on any problem that concerns him.
(2) In any judicial or administrative procedure concerning the child he has the right to be heard. It is compulsory to listen to the child who has reached the age of 10 years. However, the child who has not attained the age of 10 years can be heard, if the competent authority considers that his hearing is necessary to resolve the case.
(3) The right to be heard gives the child the opportunity to request and receive any relevant information, to be consulted, to express his opinion and to be informed about the consequences that his opinion may have, if it is respected, as well as the consequences of any decision that concerns him.
(4) In all the cases provided in par. (2), the opinions of the listened child will be taken into account and they will be given due importance, in relation to the age and the degree of maturity of the child.
(5) Any child may request to be heard according to the provisions of par. (2) and (3). In case of refusal, the competent authority will decide by a reasoned decision.
(6) The special legal provisions regarding the consent or presence of the child in the proceedings concerning him, as well as the provisions regarding the appointment of a guardian, in case of conflict of interests, are and remain applicable.
Article 25 - (1) The child has the right to freedom of thought, conscience and religion.
(2) The parents shall guide the child, according to their own beliefs, in choosing a religion, under the conditions of the law, taking into account his opinion, age and degree of maturity, without being able to compel him to adhere to a certain religion or a certain religious cult. .
(3) The religion of the child who turned 14 years old cannot be changed without his consent; the child who has reached the age of 16 has the right to choose his religion alone.
(4) When the child has special protection, the persons in the care of the child are forbidden any actions intended to influence the religious beliefs of the child.
Article 26 - (1) The child has the right to free association in formal and informal structures, as well as the freedom of peaceful assembly, within the limits provided by law.
(2) The authorities of the local public administration, the educational units and other competent public or private institutions shall take the necessary measures to ensure the proper exercise of the rights provided in par. (1).
Article 27 - (1) The child belonging to a national, ethnic, religious or linguistic minority has the right to his own cultural life, to declare his ethnic, religious affiliation, to practice his own religion, as well as the right to use his own language in common with other members of the the community of which he is a part.
(2) The National Council for Combating Discrimination ensures and follows the exercise of the rights provided in par. (1).
Article 28 - (1) The child has the right to respect his personality and his individuality and cannot be subjected to physical punishments or to other humiliating or degrading treatments.
(2) The disciplinary measures of the child can be established only in accordance with the dignity of the child, without being allowed under any reason the physical punishments or those that are in relation to the physical, mental development or that affect the emotional state of the child.
Article 29 - (1) The child has the right to file complaints concerning the violation of his fundamental rights alone.
(2) The child is informed about his rights, as well as about the ways of exercising them.
SECTION 2 - Family environment and alternative care

Article 30 - (1) The child has the right to grow up with his parents.
(2) Parents have the obligation to provide the child, in a manner appropriate to the child's continuously developing capabilities, the guidance and advice necessary for the proper exercise of the rights provided in this law.
(3) The parents of the child have the right to receive the information and specialized assistance necessary for its care, growth and education.
Article 31 - (1) Both parents are responsible for raising their children.
(2) The exercise of the rights and the fulfillment of the parental obligations must take into account the best interests of the child and ensure the material and spiritual well-being of the child, in particular by his care, by maintaining his personal relations with him, by ensuring his growth, education and maintenance, as well as by its legal representation and administration of its patrimony.
(3) In case of disagreement between parents regarding the exercise of rights and the fulfillment of parental obligations, the court, after listening to both parents, decides according to the best interests of the child.
Article 32 - The child has the right to be raised under conditions that allow his physical, mental, spiritual, moral and social development. For this purpose the parents are obliged:
a) to supervise the child;
b) to cooperate with the child and to respect his intimate, private and dignified life;
c) to inform the child about all the acts and facts that might affect him and to take into account his opinion;
d) to take all necessary measures for the realization of the rights of their child;
e) to cooperate with the natural and legal persons exercising attributions in the field of child care, education and training.
Article 33 - The child cannot be separated from his parents or one of them, against their will, except for the express and limiting cases provided by law, subject to judicial review and only if this is imposed by the best interest of the child.
Article 34. - (1) The public service of social assistance will take all the necessary measures for the early detection of the risk situations that can cause the separation of the child from his parents, as well as for the prevention of the abusive behaviors of the parents and of the violence in the family.
(2) Any separation of the child from his parents, as well as any limitation of the exercise of the parental rights, must be preceded by the systematic provision of the services and services provided by the law, with special emphasis on the proper information of the parents, their counseling, therapy or mediation, granted based on a service plan.
Article 35 - (1) The service plan is drawn up and implemented by the public social assistance service, organized at the level of municipalities and cities, as well as by the persons with social assistance attributions in the own apparatus of the communal local councils in the territorial administrative unit where they are find out the child, after assessing the situation of the child and his family.
(2) At the level of Bucharest municipality, the drawing up and implementation of the plan provided in par. (1) is carried out by the general directorate of social assistance and child protection at the level of each sector.
(3) The service plan is approved by the mayor's disposition.
(4) The service plan aims to prevent the separation of the child from his parents. For this purpose the public social assistance service or, as the case may be, the general directorate of social assistance and child protection at the level of each sector of the Bucharest municipality supports the access of the child and his family to the services and services intended for the maintenance of the child in the family.
(5) The service plan may have as purpose the transmission to the general directorate of social assistance and the protection of the child of the request for the establishment of a special protection measure of the child, only if, after the provision of the services provided by this plan, it is found that keeping the child together by his parents it is not possible.
Article 36 - (1) If there are good reasons to suspect that the life and safety of the child are endangered in the family, the representatives of the public service of social assistance or, as the case may be, of the general directorate of social assistance and child protection from the sectors of the Bucharest municipality have the right to visit the children at their home and get informed about how they are cared for, about their physical health and development, their education, teaching and professional training, giving them, if necessary, the necessary guidance.
(2) If, following the visits made according to par. (1), it is found that the physical, mental, spiritual, moral or social development of the child is jeopardized, the public service of social assistance is obliged to immediately notify the general direction of social assistance and child protection in order to take the measures provided by law.
(3) The general directorate of social assistance and child protection is obliged to notify the court in the situation in which it considers that the conditions provided by law for the total or partial decay of the parents or one of them from the exercise of parental rights are met.
Article 37 - (1) The general directorate of social assistance and child protection will take all the necessary measures so that the parents who are deprived of the parental rights, as well as those to whom the exercise of certain rights have been limited, can benefit from specialized assistance in order to increase their ability to deal with them. of children, in order to regain the exercise of parental rights.
(2) Parintii care solicita redarea exercitiului drepturilor parintesti beneficiaza de asistenta juridica gratuita, in conditiile legii.
Art. 38. - Instanta judecatoreasca este singura autoritate competenta sa se pronunte, luand in considerare, cu prioritate, interesul superior al copilului, cu privire la:
a) persoana care exercita drepturile si indeplineste obligatiile parintesti in situatia in care copilul este lipsit, temporar sau permanent, de ocrotirea parintilor sai;
b) modalitatile in care se exercita drepturile si se indeplinesc obligatiile parintesti;
c) decaderea totala sau partiala din exercitiul drepturilor parintesti;
d) redarea exercitiului drepturilor parintesti.
Art. 39. - (1) Orice copil care este, temporar sau definitiv, lipsit de ocrotirea parintilor sai sau care, in vederea protejarii intereselor sale, nu poate fi lasat in grija acestora are dreptul la protectie alternativa.
(2) Protectia prevazuta la alin. (1) include instituirea tutelei, masurile de protectie speciala prevazute de prezenta lege, adoptia. In alegerea uneia dintre aceste solutii autoritatea competenta va tine seama in mod corespunzator de necesitatea asigurarii unei anumite continuitati in educarea