ARPCC  -- [ngo1930]

Parental Responsibilities HUNGARY

 

 

 

NATIONAL LEGISLATION: HUNGARY

 

DIE ELTERLICHE SORGE – ALLGEMEINE REGELN

 

§  71

 

(1)  Die elterliche Sorge ist entsprechend den Interessen des minderjährigen Kindes auszuüben. Die Eltern haben zu gewähren, daß das urteilsfähige Kind zu ihn betreffenden Entscheidungen die Möglichkeit habe, seine Meinung zu äußern. Die Meinung des Kindes ist - mit Beachtung seines Alters und Entwicklungsstandes - zu berücksichtigen.

(2)   Die elterliche Sorge umfaßt das Recht und die Pflicht der Pflege, der Erziehung, der Vermögensverwaltung sowie der gesetzlichen Vertretung des minderjährigen Kindes, ferner das Recht der Benennung eines Vormunds und der Ausschließung von der Vormundschaft.

 

 

§  72

 

(1)   Die Eltern üben die elterliche Sorge gemeinsam aus, - mangels ihrer diesbezüglichen gegensätzlichen Vereinbarung auch dann, falls sie nicht mehr zusammenleben.

(2)   Ist das Kind in einem Scheidungsverfahren oder in einem Verfahren über die Unterbringung des Kindes aufgrund einer Vereinbarung der Eltern oder eines Gerichtsurteils bei einem der Elternteile untergebracht geworden, übt derjenige Elternteil das Sorgerecht aus, es sei denn, daß das Gericht auf Antrag der Eltern gleichzeitig für die gemeinsame elterliche Sorge entschieden hat bzw. die diesbezügliche Einigung der Eltern bestätigt hat.

(3)     Falls die Eltern in der Ausübung des gemeinsamen Sorgerechts nicht mehr kooperieren können, hebt das Gericht die gemeinsame Sorge auf Antrag von jedwedem Elternteil auf, falls dies auch im Interesse des Kindes begründet ist.

 

(4)  Der sorgeberechtigte Elternteil bzw. die Vormundschaftsbehörde kann die Herausgabe des Kindes von demjenigen verlangen, der das Kind rechtswidrig bei sich hält.

 

§  72/B

 

(1) Getrennt lebende Eltern üben ihre Elternrechte in den den Lebenslauf des Kindes betreffenden Angelegenheiten - auch ohne eine gemeinsame elterliche Sorge - auch nach der Regelung der Unterbringung des Kindes (des Sorgerechts) gemeinsam aus, es sei denn das Gericht hat das Sorgerecht des getrennt lebenden Elternteils beschränkt, ausgesetzt oder aufgehoben.

 

 

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(2) Die den Lebenslauf des Kindes betreffenden wichtigen Angelegenheiten sind: die Bestimmung des Namens und der Namensänderung des minderjährigen Kindes, die Bestimmung seines Aufenthaltsortes, und ferner die Wahl seiner Ausbildung und seines Berufs.

 

(5) Der von seinem Kind getrennt lebende Elternteil kann vom Gericht auch zur von seinem Kind getrennt lebende Elternteil kann vom Gericht auch zur Vermögensverwaltung und zur gesetzlichen Vertretung in Vermögensangelegenheiten des Kindes berechtigt werden1 bzw. es können die ihm sonst zustehenden Sorgerechtsbefugnisse - wie das Recht auf die Entscheidung über die den Lebenslauf des Kindes betreffenden Angelegenheiten - beschränkt oder entzogen werden bzw. das Ruhen der Ausübung einzelner Rechte angeordnet werden.

 

§  73

 

(1)     Sofern dieses Gesetz nichts anderes bestimmt, hat in Fragen der elterlichen Sorge, über die sich die die elterliche Sorge gemeinsam ausübenden Eltern nicht einigen können, die Vormundschaftsbehörde zu entscheiden - mit Ausnahme von Fragen der Gewissens- und der Religionsfreiheit.

(2)     Können sich die getrennt lebenden Eltern über das gemeinsam auszuübende Sorgerecht nicht einigen, fällt die Entscheidung in die Zuständigkeit des Gerichts, mit Ausnahme der Bestimmung des Aufenthaltsorts eines Minderjährigen, der sein sechzehntes Lebensjahr vollendet hat (§ 77 Abs. 1).

 

DIE UNTERBRINGUNG DES KINDES

 

§  72/A

 

(1)   Die Eltern des Kindes entscheiden, bei wem das Kind untergebracht wird. Mangels einer Vereinbarung der Eltern bringt das Gericht das Kind bei demjenigen Elternteil unter, bei welchem die günstigere körperliche, geistige und sittliche Entwicklung des Kindes gewährleistet ist. Wäre das Kindeswohl durch die Unterbringung des Kindes bei den Eltern gefährdet, kann das Gericht das Kind bei einer anderen Person unterbringen, vorausgesetzt, daß auch die Person die Unterbringung des Kindes bei sich verlangt.2

 

(2)   Eine Veränderung der Unterbringung des Kindes kann dann beantragt werden, wenn sich diejenigen Umstände, auf die das Gericht seine Entscheidung gegründet hat, nachträglich wesentlich geändert haben und demzufolge die Veränderung der Unterbringung im Interesse des Kindes steht.

 

1  Nach § 32 der Verordnung Nr. 4/1987 des Justizministers werden in diesem Fall auch diese Rechte und Pflichten gemeinsam auszuübende Rechte und Pflichten der Eltern.

 

2 Nach § 96 Abs. 2a UFGB wird in diesem Fall diese Person als Vormund für das Kind bestellt.

 

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(3)     Die Unterbringung des Kindes und auch die Veränderung der Unterbringung des Kindes können die Eltern, die Vormundschaftsbehörde und der Staatsanwalt beantragen.

 

(4)     Falls im Interesse des Kindes in seiner Unterbringung (in der Sorgerechtsregelung) eine Sofortmaßnahme notwendig ist, beschließt dies das Gericht vorweg durch einstweilige Anordnung.

 

§ 74

 

Das Gericht und die Vormundschaftsbehörde haben in einem Verfahren über die Angelegenheiten der elterlichen Sorge bzw. die Unterbringung des Kindes und die Veränderung der Unterbringung - sofern kein unüberwindliches Hindernis entgegensteht - beide Eitern anzuhören. In begründeten Fallen, so auch dann, wenn es von dem Kind verlangt wird, haben sic unmittelbar oder mittels eines Sachverständigen auch das Kind anzuhören. Falls das Kind das vierzehnte Lebensjahr vollendet hat, ist eine Entscheidung betreffend seiner Unterbringung nur mit seiner Zustimmung zu treffen, es sei denn die von ihm gewählte Unterbringung gefährdet seine Entwicklung. Das Gericht kann sich über die Stellungnahme des Kindes betreffend seiner Unterbringung auch durch eine diesbezügliche übereinstimmende Erklärung der Eltern informieren.

 

 

DAS UMGANGSRECHT

 

§ 92

 

(1)   Das Kind hat das Recht, mit seinem getrennt lebenden Elternteil einen persönlichen und unmittelbaren Kontakt aufrechtzuerhalten. Der von seinem Kind getrennt lebende Elternteil hat das Recht und die Pflicht mit seinem Kind den Kontakt aufrechtzuerhalten, mit ihm regelmäßig zu verkehren (Umgangsrecht). Der sorgeberechtigte Elternteil oder eine andere Person, durch die das Kind erzogen wird, haben die Pflicht, die ungestörte Ausübung des Umgangsrechts zu gewähren.

(2)   Die Eltern sind auch dann berechtigt, mit ihrem Kind den Kontakt zu halten, wenn ihr elterliches Sorgerecht ruht.

 

(3)    In einem besonders begründeten Fall kann im Interesse des Kindes auch derjenige Elternteil zur Ausübung eines Umgangsrechts mit seinem Kind berechtigt werden, dessen Sorgerecht durch Gerichtsurteil entzogen wurde. Hierüber entscheidet das Gericht, das die elterliche Sorge entzogen hat - falls das Kind in Heimerziehung genommen wurde, die Vormundschaftsbehörde.

 

(4)      Mangels einer Vereinbarung der Eltern bzw. im Falle einer Meinungsverschiedenheit zwischen den Eltern und dem Vormund entscheidet in den Fragen des Umgangsrechts die Vormundschaftsbehörde. Ist ein Ehescheidungs- oder Sorgerechtsverfahren anhängig, so entscheidet - mangels einer

 

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Vereinbarung der Eltern - das Gericht über das Umgangsrecht.3 Die Vormundschaftsbehörde bzw. das im Ehescheidungs- oder Sorgerechtsverfahren zuständige Gericht kann im Interesse des Kindes das Umgangsrecht des Elternteils, der gegenüber dem Kind in der Erziehung schuldhaft versagt hat, beschranken oder entziehen bzw. das Ruhen der Ausübung dieses Rechts anordnen.

 

(5)    Falls das Gericht in der Frage des Umgangsrechts entschieden hat, kann eine Änderung dieser Entscheidung binnen zwei Jahren ab Eintritt der Rechtskraft dieser Entscheidung nur bei dem Gericht beantragt werden.

 

(6)      Für die Vollstreckung der gerichtlichen Entscheidung über das Umgangsrecht hat die Vormundschaftsbehörde zu sorgen.4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3  Für eine einvernehmliche Scheidung ist eine Vereinbarung der Eheleute (der Eltern) über das Umgangsrecht Voraussetzung, § 18 Abs.

 

4   Weitere Detailfragen des Umgangsrechts sind in den §§ 22 bis 26 der Verordnung Nr. 51/1986 des Ministerrates geregelt.

 

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ACT NO. XXXI OF 1997

 

ON THE PROTECTION OF CHILDREN AND THE ADMINISTRATION OF GUARDIANSHIP AFFAIRS *

 

The Parliament, recognizing the importance of its responsibility to future generations, and in order to assert the rights of the child set forth in Act No. LXIV of 1991 on the Announcement of the Convention on the Rights of the Child signed in New York on November 20, 1989 as well as in the Constitution of the Republic of Hungary, and in accordance with Act No. IV of 1952 on Marriage, Family, and Guardianship as well as Act No. III of 1993 on Social Administration and Social Benefits, shall enact the following law:

 

CHAPTER ONE

 

BASIC PROVISIONS

 

Section 1

 

General provisions

 

Purpose and principles of the act

 

Article 1 (1) This act aims to define the basic principles according to which the state, the local governments, natural and legal persons as well as other organizations not qualifying as legal persons, which are responsible for the protection of children, shall provide assistance, in the form of specified provisions and measures, in the implementation of the statutory rights and interests of children, and shall also ensure the prevention and elimination of endangerment of children, supplement absent parental care, and assist the social integration of adolescents leaving child protection.

 

(2) In order to achieve the goals set forth in section (1) above, the act defines the fundamental rights of children, the guarantees of the assertion of such rights, and the system and basic principles of the protection of children.

 

Article 2 (1) Upon implementation of this act, local governments, guardianship authorities, courts of law, police, prosecution, and other organizations and persons responsible for the protection of children, shall act by taking the best interests of children into consideration and ensuring their statutory rights.

 

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(2)      The organizations and persons acting according to paragraph (1) above shall, in the course of their activities, cooperate with the family and - as provided for by law - facilitate the upbringing of the child within the family.

 

(3)     All support assisting the upbringing of the child within the family shall be provided in accordance with the situation and needs of the child as well as his or her family.

 

(4)        The safety, care according to the age, education, and healthy personality development of the child deprived, for any reason, of his or her family environment shall be ensured.

 

Article 3 (1) Utilization of support provided for by law is usually voluntary. Parent or other legal representative of the child may only be forced to utilize any type of support in cases specified by law.

 

(2) Upon protection of the child, any type of discrimination - irrespective of his or her sex, nationality, ethnic origin, conscientious, religious or political views, origin, property, legal incapacity or disability, or based upon the fact that he or she is under child protection - is forbidden.

 

 

Scope of the act

 

Article 4 (1) This act shall apply to all children and adolescents as well as their parents staying in the Republic of Hungary, who are Hungarian citizens, or immigrants entitled to permanent residence with personal identification cards, or those recognized by Hungarian authorities as refugees.

 

(2)     Beyond the persons defined in paragraph (1) above, this act shall be applied to a child who stays in the Republic of Hungary and is not a Hungarian citizen, to protect his or her interest, if failure to take such measures would involve endangerment of the child or unavoidable damage.

 

(3)     In the guardianship affairs of children and adolescents as well as their parents, who stay outside the Republic of Hungary, but are Hungarian citizens, this act shall be applied, if their personal rights apply according to international agreements or other legal regulations.

 

 

 

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Terms of reference

 

Article 5 For the purposes of this act

 

a)       child: minor according to paragraph (2) of Article 12 of Act No. IV of 1959 on the Civil Code of the Republic of Hungary (hereinafter referred to as Civil Code),

b)       young person: person between 14 and 18 years of age at the time of commission of a petty offense or a criminal act,

 

c)    adolescent: major under the age of 24,

d)      relatives of the child: biological parents and foster parents (the two hereinafter referred to as parents) of the child, spouses of parents, siblings of parents, grandparents, spouses of grandparents, siblings of grandparents, great grandparents, siblings, spouses of siblings, and own child,

e)       close relatives of the child: unless otherwise provided for by this act, parents, spouses of parents, siblings of parents, grandparents, siblings, and own child,

f)        person obliged to bring up the child: person defined in paragraph (4) of Article 61 and paragraph (1) of Article 62 of Act No. IV of 1952 on Marriage, Family, and Guardianship (hereinafter referred to as Family Law), and in Article 69/A and paragraph (2) of Article 69/D of the Family Law,

g)       child welfare: guaranteeing of the child’s physical, intellectual, emotional, and moral development as well as his or her personal, property, and other rights,

 

h)      rights of the child: all the rights to which children are entitled set forth in the Constitution of the Republic of Hungary, Act No. LXIV of 1991 on the Announcement of the Convention on the Rights of the Child signed in New York on November 20, 1989, as well as in other legal regulations,

 

i)        support: basic and professional support providing statutory financial, in-kind, and personal care,

j)         in-kind benefits: support by which the state (local government) assists the child in satisfying his or her basic needs by providing material assets, paying for as well as providing services,

 

k)       guardianship authority: the notary of the local government and the guardianship office,

 

l)        guardianship affairs: range of affairs remitted to the scope of authority of the guardianship authority by law,

 

m)    child protection and welfare: support and protection based upon administrative measures ordered according to the provisions of this act,

n)      endangerment: conditions - as a result of certain behavior, failure, or circumstances - blocking or hindering the child’s physical, intellectual, emotional, and moral development,

 

o)       social crisis of expectant mother: situation of family, environment, or society or conditions as a result thereof causing the physical or emotional

 

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shock or difficult social situation of the expectant mother and therefore endangering the birth of a healthy child,

 

p) permanent illness: certain disease entitling to a higher family allowance set forth by specific law,

r)    income: as set forth in point a) of paragraph (1) of Article 4 of Act No. III of 1993 on Social Administration and Social Benefits (hereinafter referred to as Welfare Act),

 

s)    backer: natural or legal person (local government, government agency, legal person of the church, foundation, public organization, public foundation, non-profit company, association, and other legal persons) and the companies thereof not qualifying as legal persons, which provide necessary conditions of support and the operation of institutions according to the provisions of this act as well as other legal regulations,

 

t)    natural personal identification data: family and first name(s), maiden name(s) sex, place and date of birth, mother’s maiden name(s), citizenship, as well as immigration or refugee status, place of abode and residence of the affected person (hereinafter referred to as personal identification data).

 

 

Section 2

 

Fundamental rights and obligations

 

Rights of the child

 

Article 6 (1) The child shall be entitled to grow up in his or her own family environment ensuring his or her physical, intellectual, emotional, and moral development as well as his or her welfare.

 

(2)        The child shall be entitled to obtain assistance in his or her upbringing within his or her own family, developing his or her personality, avoiding situations endangering his or her development, his or her social integration as well as in the establishment of his or her independent life.

 

(3)      Disabled and permanently ill children shall be entitled to special care facilitating their development as well as the development of their personality.

 

(4)    The child shall be entitled to protection against environmental and social effects harmful for the child’s development as well as against substances damaging the child’s health.

 

 

 

 

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(5)    The child shall be entitled to respect of his or her human dignity as well as protection against violence - physical, sexual, or emotional abuse -, neglect, and informational damage.

 

(6)       The child shall be entitled to access programs in public service media which are appropriate for his or her age, assist the extension of his or her knowledge, are free of violence, and preserve the values of Hungarian language and culture.

 

Article 7 (1) The child may only be separated from his or her parents or other relatives in the child’s own interest, in cases and with methods provided for by law. The child shall not be separated from his or her family exclusively on account of endangerment prevailing for material reasons.

 

(2)     Within a foster family or in the form of other support substituting family, the child shall be entitled to protection substituting parental care or care provided by other relatives.

 

(3)     In the case of substituting care of the child, his or her freedom of conscience and religion shall be respected as well as his or her national, ethnic, and cultural background shall be taken into consideration.

 

(4)    The child shall be entitled to knowledge of his or her origin as well as to maintaining relations with his or her biological family.

 

(5)     The child shall be entitled to maintain relations with both parents, even if his or her parents live in different states.

 

Article 8 (1) The child shall be entitled to freely express his or her views as well as to be informed of his or her rights, the ways of exercising such rights, and to be heard, either directly or in any other way, in all matters affecting his or her person and property, the views of the child being given due weight in accordance with his or her age, health, and maturity.

 

(2)        The child shall be entitled to make complaints in all matters affecting the child toward the agencies defined in this act.

 

(3)    Upon infringement of his or her fundamental rights, the child shall be entitled to institute proceedings at any judicial or other administrative organizations provided for by law.

 

 

 

 

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Article 9 (1) In accordance with his or her age, health, and maturity as well as his or her other needs, the child in short-term or long-term foster care shall in particular be entitled to

 

a)    receive full provision and nursing ensuring stability and emotional safety, appropriate education and guidance - taking his or her national, ethnic, and religious origin into consideration -,

b)    initiate changes in his or her placement or joint placement with his or her siblings,

 

c)    participate in integrating programs or in those developing the child’s talents as well as leisure activities suitable for his or her fields of interest,

 

d)    freely choose, express and exercise his or her views of religion or conscience as well as participate in religious education,

e)    express his or her opinion about the care, education, and provision the child receives as well as to be heard and informed in all matters affecting the child,

 

f)    initiate the establishment of a self-government of children to represent his or her interests,

 

g)    receive support from his or her caregiver, legal representative to return into his or her family environment,

 

h)    initiate his or her return into his or her family environment,

 

i)    maintain his or her personal relations,

 

j)    receive after-care.

 

(2) If exercising the right set forth in point i) of paragraph (1) above has a negative effect upon the development of the child’s personality, then the right to maintain contact of the parent or other close relative entitled to maintain contact may be restricted, revoked or suspended according to provisions of this act.

 

Article 10 (1) The child shall in particular be obliged to

 

a)    cooperate with his or her parents or other legal representatives or caregivers in order to facilitate his or her care and education,

b)    fulfill his or her educational responsibilities in accordance with his or her abilities,

 

c)    refrain from leading a destructive life-style including substance

abuse.

 

(2) The regulations of organizations responsible for the protection of children (hereinafter referred to as institutions) shall, based upon the provisions of this act, specify the rules of exercising the rights and fulfilling the obligations of children in accordance with the age, health, and maturity of the child.

 

 

 

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(3) Upon backer’s approval of the regulations of the institution, such regulations shall be displayed in an easily visible place and the announcement thereof as well as access thereto by the children, their relatives, and the employees of the institution shall be ensured.

 

 

Protection of the rights of the child

 

Article 11 (1) The protection of the rights of the child is the obligation of all natural and legal persons responsible for the care, education, provision, and representation of the child.

 

(2) The protection of the constitutional rights of the child shall be assisted by the parliamentary commissioner of citizenship rights (hereinafter referred to as commissioner) with the commissioner’s special means, and in conducting this activity

 

a)    the commissioner shall be responsible for investigating - disclosed - infringements affecting the constitutional rights of the child and initiating general or individual measures to the remedy of such infringements,

b)    the commissioner shall report the measures set forth in point a) above to the Parliament once a year.

 

 

Parental rights and obligations

 

Article 12 (1) The parent of a child shall be entitled and obliged to provide care and guidance to the child within a family, ensure the conditions necessary for the physical, intellectual, emotional, and moral development of the child - accommodation, food, clothing in particular - as well as provide for the education and health care of the child.

 

(2)    The parent of a child shall be entitled to receive information about the provision helping the care of the child as well as assistance in upbringing the child.

 

(3)    The parent of a child - unless otherwise provided by law - shall be entitled and obliged to represent the child and his or her property.

 

(4)    The parent of a child shall be obliged to

 

a)    cooperate with his or her child and respect the child’s human dignity according to paragraph (5) of Article 6 above,

 

b)    inform his or her child about the matters affecting the child and take the child’s views into consideration,

 

c)    provide guidance, advice, and assistance to the child in exercising his or her rights,

 

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d)    take necessary measures in order to assert the rights of his or her

 

child,

e)    cooperate with the persons and agencies participating in the care of his or her child as well as with the authorities.

 

Article 13 (1) The parent of a child in short-term foster care shall be entitled to

 

a)    receive regular information from the caregiver, guardian, or legal guardian of his or her child about the placement, care, and development of his or her child,

b)    request change of placement of his or her child at the guardianship

office,

 

c)    receive help - to remove the reasons for foster care, settle circumstances, and integrate the child with the family - from the local government in order to reunite the child with his or her family,

d)    be heard, in accordance with the Family Law, in all material issues affecting the future of his or her child - defining or changing the child’s name, selecting his or her place of residence, choosing schools and a carrier for the child,

 

(2)    The parent of a child in short-term foster care shall be entitled and obliged to

 

a) cooperate with the persons and institutions responsible for the care of the child - in order to facilitate his or her care,

 

b) maintain contact with his or her child - as provided for by law.

 

(3)    The parent of a child in short-term foster care shall be obliged to

 

a)   do his or her best to reunite the child with his or her family,

 

b)    respect the family and the home of the foster parent, the persons working in the institution, and observe the regulations of the institution,

 

c)    pay fostering allowance for the foster care of his or her child.

 

 

Section 3

 

System of the protection of children

 

Article 14 (1) The protection of children is an activity aiming to promote the upbringing of the child within a family, prevent and eliminate the endangerment of the child, and ensure the substitute protection of a child leaving care of parents or other relatives.

 

(2) The protection of children is ensured by basic child welfare provision providing financial, in-kind, and personal care as well as

 

 

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professional child protection provision, and administrative measures set forth by this act.

 

(3) The system of the protection of children shall be operated by the state and the local governments.

 

Article 15 (1) Financial support:

 

a)   regular child benefit,

 

b)    exceptional child benefit,

c)    advance payment of child support,

 

d)    housing benefit.

 

(2)         Basic child welfare provisions falling under the category of personal care:

 

a) child welfare service,

 

b) day-time care of children,

c) short-term foster care of children.

 

(3)     Professional child protection provisions falling under the category of personal care:

 

a) home-like provision,

 

b) district professional child protective service.

 

(4)         Administrative measures falling under the category of child protection and welfare:

 

a) placement under protection,

 

b) acceptance of the child in another family, c) temporary placement,

 

d) short-term foster care, e) long-term foster care, f) after-care,

g) after-care provision.

 

(5)    Institutional care of young persons sent to young offender institutions or placed under preventive detention by a court order as well as the probation officer’s supervision of young persons also constitute a part of the child protective system. The care of young persons in young offender institutions as well as their supervision by probation officers are regulated by a separate act.

 

(6)    Professionals acting ex officio within the child protective system perform public duties.

 

Article 16 (1) Powers and duties set forth in this act ensuring the protection of children shall be exercised by

 

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a)   the representative body of local governments,

 

b)    the notary of local governments,

c)    the child protection and guardianship officer of the selected mayor’s office of a city or a district of Budapest (hereinafter referred to as city guardianship office),

d)          the agency of the county or Budapest administration office responsible for child protection and guardianship affairs (hereinafter referred to as county guardianship office), [points c) and d) together hereinafter referred to as guardianship office]

 

Article 17 (1) In order to promote the upbringing of the child within a family and to prevent and eliminate the endangerment of the child, the responsibilities in connection with the child protective system regulated by this act shall, within the framework of the basic activities provided for by law, be performed by

 

a)    health care service providers, in particular, district nurses, family doctors, family pediatricians,

 

b)    institutions providing personal care, in particular, family support service, family support centers,

 

c)    institutions of public education, in particular, fostering-educational institute, educational and behavioral counseling service,

 

d)    police,

 

e)    prosecution,

f)    court of law,

 

g)    refugee centers, temporary accommodation of refugees,

h)    social organizations, churches, foundations.

 

(2)     The institutions and persons listed in paragraph (1) above shall be obliged to notify the child welfare service defined in Article 40 below of any endangerment of the child and, if justified, initiate administrative procedures. Any citizen or institution representing the interests of the child may also notify said service and initiate said procedures.

 

(3)    In order to promote the upbringing of the child within a family and prevent and eliminate the endangerment of the child, the persons, service providers, institutions, and authorities listed in paragraphs (1) and (2) above shall be obliged to cooperate with each other.

 

 

CHAPTER TWO

 

SUPPORT

 

Section 4

 

 

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Financial and in-kind benefits

 

Forms of financial support

 

Article 18 (1) According to both this act and the decree of the local government, the representative body of the local government shall assign regular and exceptional child benefit to the child in need.

 

(2)    As provided for by its decree, the local government may, with respect to the social needs of the child and the young person, supplement the financial support set forth by this act, moreover, determine further financial assistance.

 

(3)    According to this act, the guardianship office may advance child support to the person responsible for the child, determine housing benefit for the young person in need, and assign such financial assistance.

 

(4)    The determination of the financial aid set forth in paragraph (1) above may be initiated by fostering-educational institutions, guardianship authorities as well as by other institutions or persons responsible for family protection, or by social organizations responsible for the protection of the interests of children.

 

 

Regular child benefit

 

Article 19 (1) The regular child benefit (hereinafter referred to as regular benefit) aims to promote the care and upbringing of the child in a family environment and prevent deprivation of the child of his or her family.

 

(2)    The representative body of the local government assigns regular benefit to the child, if the monthly income per person in the family looking after the child does not exceed the minimum amount of old-age pension (hereinafter referred to as minimum amount of old-age pension), and upbringing within the family is not against the interests of the child.

 

(3)    Upon determination of income, the six-month average prior to filing the application shall be considered. This rule may be departed from, if, for a justified reason, permanent deterioration of income conditions is expected.

 

(4)    Upon calculation of the amount set forth in paragraph (2) above, the following persons shall be considered as close relatives living in the same household at the time of filing the application:

 

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a)   parent, spouse or common-law spouse of parent,

 

b)    child under 20 years of age, without personal income,

c)    child under 25 years of age, without personal income, full-time university or college student,

d)    regardless of age, child suffering from permanent illness or with physical, sense organ, mental, language, or other disabilities (hereinafter referred to as permanently ill or disabled)

 

e)    relative not falling under categories specified in points a) - d), dependent on parents or spouse according to Family Law.

 

Article 20 (1) The parent or other legal representative may file an application for regular benefit at the mayor’s office of the appropriate local government at his or her place of abode or at the agency specified in the decree of the local government.

 

(2)    The monthly amount of the regular benefit - per child - should not be lower than 20% of the minimum old-age pension.

 

(3)    If regular benefit is granted based upon a final decision, it shall be payable from the time of filing the application. The period of payment shall last as long as conditions prevail. Conditions of entitlement to regular benefit shall be revised by the local government no less frequently than once a year.

 

(4)    If person receiving regular benefit is a full-time student at an institute of secondary or higher education, such benefit may be granted after maturity of the child and paid as long as child’s legal status as student exists, however, until his or her 25th birthday.

 

Exceptional child benefit

 

Article 21 (1) The representative body of the local government assigns exceptional child benefit of an amount specified by the decree to the child (hereinafter referred to as exceptional benefit), if the family looking after the child temporarily faces existential problems or is in an extraordinary situation endangering the family’s existence.

 

(2) Exceptional benefit shall, from time to time, be granted primarily to children whose family is not able to provide care in any other manner, or due to periodically incurring extra expenses - in particular promoting the maintenance of contact of the child in short-term or long-term foster care with his or her family, placement of the child back to the guardianship office after she or he ceases to be looked after, sickness, or schooling - they are in need of financial help.

 

 

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(3) The parent or other legal representative may file an application for exceptional benefit at the mayor’s office of the competent local government at his or her place of abode or at the agency specified in the decree of the local government.

 

Advance payment of child support

 

Article 22 (1) Child support may be advanced, if the court has already granted the child support in a final decision, or there is a final decision made by a foreign court or other authority, which shall be executed in favor of the child living in Hungary based upon international agreement or reciprocity.

 

(2)         The guardianship office shall advance the child support, if recovery of such child support is temporarily impossible and the person looking after the child is not able to provide necessary care for the child, provided that the amount of income per person in the family is less than three times the minimum old-age pension.

 

(3)             The guardianship office shall regard child support as unrecoverable upon unsuccessful foreclosure upon the regular income of the person obliged to pay such child support. If foreclosure upon other property of the obligor is successful, the guardianship office shall ex officio review the necessity of advance payment of the child support.

 

(4)     Upon calculation of the amount set forth in paragraph (2) above, persons specified in paragraph (4) of Article 19 shall be considered as close relatives living in the same household at the time of filing the application.

 

(5)    Child support shall not be advanced, if

 

a)   obligor serves in the armed forces,

 

b)    obligor’s place of residence is abroad and is unknown, or his or her place of abode is in a country, where there are no international agreements for the recovery of child support and there is also no reciprocity.

 

c)    obligor lives in the same household with the person entitled to such child support.

 

(6) Furthermore, child support shall not be advanced

 

a) if, during procedures, the guardianship office declares that recovery of the advanced child support is hopeless, and

b) upon expired child support.

 

(7) Upon rejection of the application for child support, the guardianship office shall simultaneously notify the local government at the place of abode of applicant.

 

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Article 23 (1) The guardianship office shall advance the amount specified in the court’s final decision with respect to the compulsory payment of child support, while in the case of a percentage condemnation, the basic amount.

 

(2)    The guardianship office may grant a lower amount than that specified in paragraph (1) above, if parent looking after the child is able to provide care for the child to some extent. In this case, the advanced amount shall not be lower than 50% of the amount ordered by court.

 

(3)    The decision of the guardianship office ordering the advance payment of child support may, regardless of any appeals, be executed immediately.

 

(4)    Based upon the decision of the guardianship office, the notary of the local government at the seat of the guardianship office shall advance child support from the central budget.

 

Article 24 (1) If advance payment of child support is granted based upon a final decision, it shall be payable from the time of filing the application. The period of payment shall last as long as reasons for such advance payment are expected to exist, however, for a maximum of 3 years following the date of the first payment of advanced child support. In justified cases, advance payment may be ordered again.

 

(2) The guardianship office shall, ex officio or based upon the notification of agencies and persons specified in separate legal regulation, suspend payment of child support for a maximum of 6 months, if

 

a)    the conditions of applicant specified in paragraph (2) of Article 22 are modified,

b)    obligor directly pays child support to applicant,

c)    foreclosure upon the regular income or other property of obligor is successful,

 

d)    the child reaches majority and is no longer a student,

 

e)    the child receives regular income for an activity involving work,

f)      the child is taken into short-term foster care by the guardianship

 

office,

g)    the child of legal age abandons or finishes his or her studies.

 

(3) As a result of the investigation following suspension of payment, the guardianship office shall either order continuing payment or discontinue the advance payment of child support. Advance payment of child support shall be discontinued, if child is taken into long-term foster care.

 

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(4) Obligor shall, with an interest defined in paragraph (2) of Article 232 of the Civil Code, reimburse advanced child support to the state. The non-reimbursed part of advanced child support shall be recovered as if it were tax according to Act No. XCL of 1990 on taxation system.

 

 

Housing benefit

 

Article 25 (1) The housing benefit aims to facilitate temporary or permanent housing of young persons leaving short-term or long-term foster care.

 

(2)    A young person shall be entitled to such housing benefit, if his or her uninterrupted foster care of at least 2 years ceased upon his or her majority, and the value of his or her property (cash and real estate) at the time he or she reaches majority does not exceed 50 times the minimum amount of old-age pension. Savings from the regular income of the young person shall not be included in the calculation of his or her possession of cash.

 

(3)    A young person shall be entitled to such housing benefit, if he or she was taken in foster care of less than 2 years for the reason specified in paragraph (1) of Article 80.

 

(4)    Such housing benefit may be used for the purchase, building, accommodation, renovation, or extension of building land, apartment, family house, or for the payment of rent or renovation of rented apartment or room, or for the repayment of housing loan granted by a financial institution as well as precautionary savings for housing.

 

(5)    In the application for housing benefit, the young person shall declare the conditions specified in paragraphs (2) and (3) above, and whether the young person cooperates or undertakes to cooperate - until the submission of the settlement specified in paragraph (2) of Article 26 below - with his or her after-carer in using the housing benefit.

 

(6)    The after-carer shall provide assistance in the realization of the goals of such housing benefit for one year.

 

Article 26 (1) The amount of housing benefit shall be determined based upon the number of years in foster care as well as the financial circumstances, so that, in the case of applicant without property it shall reach, while in the case of applicant with property, it shall, combined with the property, reach

 

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a)    20 times the minimum amount of old-age pension in the case of foster care of less than 3 years,

 

b)    30 times the minimum amount of old-age pension in the case of foster care of at least 3 years,

c)    40 times the minimum amount of old-age pension in the case of foster care of at least 4 years,

 

d)    50 times the minimum amount of old-age pension in the case of foster care of at least 5 years.

 

(2)    The young person shall, within 30 days following the execution of the contract (purchase or lease agreement), however, within 1 year following the granting of the housing benefit at the latest, be obliged to present a settlement of the use of the housing benefit - for a purpose approved by the guardianship office - by providing documents.

 

(3)    Based upon the decision of the guardianship office, the notary of the local government at the seat of the guardianship office shall pay the housing benefit from the central budget.

 

(4)    The guardianship office shall be entitled to register prohibition of transfer over the real estate acquired with the help of the housing benefit for 5 years in the land register in favor of the Hungarian state.

 

(5)    Upon request of the young person entitled to housing benefit, in the case of material changes in his or her circumstances, the guardianship office may lift the prohibition of transfer registered by the guardianship office.

 

Article 27 (1) The guardianship office shall inform the child 6 months before the child reaches maturity in writing about the availability of housing benefit.

 

(2) Applicant may file an application for housing benefit

 

a)    upon reaching maturity, however, before turning 24 years of age at the latest,

 

b)    if the young person reaching maturity is still a student, until the end of his or her studies, however, before turning 25 years of age at the latest.

 

Failure to meet such deadlines shall involve forfeiture.

 

 

In-kind benefits

 

 

 

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Article 28 (1) Based upon the decision of the representative body of the local government, regular and exceptional child benefit may also be provided in the form of in-kind benefits, especially for children taken under protection.

 

(2) In-kind benefits are in particular the support of the supply of text books and school equipment for children, price allowance of food in child care institutions, tuition fee, fee for health care service, as well as payment for other services.

 

 

Section 5

 

Provision of personal care

 

General rules of provision of personal care

 

Article 29 (1) The local government shall pass a decree on the forms of provision of personal care (hereinafter referred to as personal care), the use thereof, and the fees to be paid therefor.

 

(2) Unless otherwise provided for by law, the local government shall, in a decree, regulate

a)   the forms of personal care provided by the local government,

b)    the way of filing applications for the care provided by the local government and the considerations of judgment,

c)    provision falling within the scope of authority of the head of the institute to be ensured without special procedures,

 

d)    cases and ways of stopping provision,

e)    amount of fees to be paid, cases and ways of reducing and releasing thereof.

 

Article 30 (1) Unless otherwise provided for, local governments as well as natural and legal persons, other organizations not qualifying as legal persons performing duties of the local government based upon agreements with the local government (hereinafter referred to as non-government agencies), and non-government agencies using normative state contribution shall provide personal care in accordance with the conditions set forth in this act as well as in separate legal regulation.

 

 

Ways of using the provision

 

Article 31 (1) Unless otherwise provided for by this act, using personal care shall be voluntary, and it shall be received upon the

 

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application of user (hereinafter referred to as applicant). Application of a legally incapable person shall be submitted by his or her legal representative, while a person of restricted capacity may submit his or her application upon consent of his or her legal representative. All disputes arising from the use of provision between the person of restricted capacity and his or her legal representative shall, upon ascertainment of the facts, be settled by the notary of the local government.

 

(2)    If protection of the child is not ensured by the voluntary use of the provision, this act orders the compulsory use of the provision.

 

(3)    Unless otherwise provided for by the decree of the local government, applicant may submit the application

 

a) to the head of the institute in the case of non-residential child care institute financed by the competent local government at the place of abode of applicant,

 

b) at the mayor’s office of the local government at the place of abode of applicant in the case of other institutes.

 

Article 32 (1) The use of provision of personal care shall, upon ascertainment of the facts, be based upon

 

a)   resolution of the representative body of the local government,

 

b)    measures of the head of the institute within the field specified by the decree of the local government,

 

c)    resolution of the notary of the local government or the guardianship

office.

 

(2)    If provision is used based upon points a) and c) of paragraph (1) above, a copy of the resolution shall be sent to the head of the institute providing care, who shall arrange the placement of applicant. The head of the institute shall arrange exceptional placement of the child or young person entitled to such care based upon the resolution ordering immediate placement.

 

(3)    Based upon point b) of paragraph (1) above, the head of the institute shall not make any arrangements with respect to use of personal care, but immediately send application to the agencies specified in the resolution of the local government.

 

(4)    Non-government agencies using normative government contribution and providing personal care shall not be obliged to comply with the provisions listed in paragraph (1) above. If the use of personal care is not based upon a resolution, applicant and the non-government agency shall sign an agreement on the use and the conditions of termination of the provision.

 

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Duty of disclosure

 

Article 33 (1) Upon filing the application, applicant shall be informed about the conditions of personal care.

 

(2)    Upon commencement of provision in the case of provision of personal care, the child entitled to care and his or her legal representative or the young person shall be informed about

 

a) the time period and conditions of such provision, b) records on him or her kept by the institute,

 

c) the contact to be maintained between the child or young person and his or her relatives in the case of provision of personal care in accordance with Articles 50 and 57 (hereinafter referred to as residential child care institute) as well as in the case of provision of personal care in accordance with Articles 49 and 54, in particular about the regulation of visiting, leaving and returning,

 

d) the ways of keeping valuables and property, e) the regulations of the institute,

 

f) ways of exercising his or her right to complaints,

g) the service fee and the fostering allowance to be paid.

 

(3)    The legal representative of the child entitled to provision or the young person shall be obliged

 

a) to declare the acknowledgment of information defined in paragraph

(1)  above,

b)    to provide information for the records of the institute,

c)    to report changes in the conditions of entitlement as well as in personal identification data.

 

 

Contact between the child and his or her relatives

 

Article 34 (1) In the case of provisions set forth in point c) of paragraph (2) of Article 33 above, the forms of maintaining contact between the child and his or her parents or close relatives entitled to maintaining contact shall be as follows: continuous and periodic contact with the right to take away the child and the obligation of returning the child, and visiting the child at the place of residence of the child, correspondence, maintaining contact through telephone, gifts, sending packages.

 

 

(2) During the provisions set forth in paragraph (1) above, the parents’ or other relatives’ contact with the child shall be facilitated. Therefore, the

 

 

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head of the residential institute shall ensure suitable and undisturbed circumstances of maintaining contact.

 

(3)    Parents and other relatives may visit the child looked after in residential institutes at the times and in the rooms set forth in the regulations of such institute.

 

(4)    In the case of provision of personal care set forth in Article 54 above and in residential institutes set forth in Article 57 above, visiting children temporarily placed in such institute or taken into short-term or long-term foster care as well as approval of leaving and holidays shall be based upon the resolution of the guardianship office.

 

 

Safeguarding of interests

 

Article 35 (1) The backer of the institute shall determine the rules of formation and operation of a panel responsible for safeguarding the interests of those receiving provision.

 

(2)    The elected members with voting rights of the panel responsible for safeguarding such interests shall be as follows:

 

a) representatives of the self government of children,

b) parents or other legal representatives of the child as well as representatives of the young person,

 

c) representatives of the employees of the institute, d) representatives of the backer of the institute.

 

(3)    The number of persons specified in points a) and b) of paragraph

 

(2)   above shall not be lower than the total number of persons specified in points c) - d) of paragraph (2) above.

 

(4)    The panel responsible for the safeguarding of interests shall investigate the complaints submitted to such panel, and make decisions within its scope of authority, and initiate measures to be taken by backer, the guardianship office controlling the institute, and other agencies with authority.

 

(5)    The panel responsible for the safeguarding of interests may express its opinion to the head of the institute regarding the issues affecting the child or young person, and make recommendations regarding the planning, operation, and use of the income from the services provided in connection with the basic activity of the institute. The panel responsible for the safeguarding of interest shall exercise its right of consent to the approval of the regulations of the institute.

 

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Article 36 (1) Parents or other legal representatives of the child, the self government of children, as well as the young person, and the agencies responsible for the safeguarding of interests of children may, in accordance with the provisions of the institute’s regulations, complain to the head of the institute or the panel responsible for the safeguarding of interests

 

a)    in order to address problems arising in connection with the provision,

 

b)    upon infringement of the right of the child or violation of obligations of the institution’s employees.

 

(2) The head of the institute or the panel responsible for the safeguarding of interests shall investigate such complaints and reveal other possible ways of addressing the problems. Parents or other legal representatives of the child, the self government of children, as well as the young person may appeal at the backer of the institute or the county guardianship office, if the head of the institute or the panel responsible for the safeguarding of interests fails to announce the outcome of the investigation within 15 days or if they do not agree with the measures taken.

 

Article 37 (1) Children placed in residential institutes may form a self government of children in order to safeguard their interests.

 

(2)    A self government of children elected by more than 50% of the children may represent the rights of all children of a residential institute.

 

(3)    The self government of children may, upon requesting the opinion of the head of the institute, make decisions regarding its own operation. Its bye-laws shall be accepted by the community of voting children and approved by the head of the institute. Such approval may only be rejected, if such bye-laws infringe any legal regulation or are contrary to the bye-laws or the regulations of the institute.

 

(4)    The self government of children may express its opinion to the head of the institute regarding all issues in connection with the operation of the residential institute as well as the children, which shall be taken into consideration by the head of the institute.

 

 

Section 6

 

Basic child welfare provision

 

The purpose of basic child welfare provision

 

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Article 38 (1) Basic provision shall contribute to the promotion of the physical, intellectual, emotional, and moral development, welfare, and upbringing in a family environment of the child, the prevention of endangerment and elimination of existing endangerment, and prevention of deprivation of the child of his or her family.

 

(2) Personal care provided within the framework of basic provision shall, as much as possible, be ensured at the person or institute providing care closest to the place of abode or residence of the child.

 

 

Child welfare services

 

Article 39 (1) The duty of child welfare services, in order to promote the physical and mental health and upbringing in a family environment of the child, is to

 

a)    provide information on the rights of the child and the support ensuring the development of the child, assist the child in accessing such support,

 

b)    provide family planning, psychological, educational, health, and mental hygienic counseling as well as counseling with the aim of preventing substance abuse, or to organize access to these types of counseling,

 

c)    support, help, and advise expecting mothers in social crisis,

d)    organize leisure programs,

 

e)    provide assistance in taking care of official errands.

 

(2)    The duty of child welfare services, in order to prevent endangerment of the child, is to

 

a) operate a system recognizing and indicating endangerment, and encourage participation of non-government agencies and private individuals in such preventing system,

b) discover the reasons causing endangerment and make proposals for the solutions thereof,

 

c) arrange cooperation with the persons and institutions specified in point a) above as well as in paragraph (1) of Article 17 above, and coordinate their activities.

 

(3)    The duty of child welfare services, in order to eliminate existing endangerment, is to

 

a) provide family support to counterbalance malfunction within the family,

 

b) promote solutions to family conflicts, especially in the case of divorce, placement of the child, and maintenance of contact,

 

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c)    initiate health and social provision, as well as intervention of the authorities,

 

d)    make proposals for depriving the child of his or her family, the future place of his or her care as well as changes in such place.

 

(4) The duty of child welfare services, in order to return the child previously deprived of his or her family, is to

 

a)    provide family support - with the cooperation of the institute providing home or professional child protective services in the district - to establish or improve the conditions of upbringing the child within the family, and re-establish the relation between the parents and the child.,

 

b)    provide after-care - with the cooperation of the institute providing home or professional child protective services in the district - to re-integrate the child within his or her family.

 

 

Child welfare service

 

Article 40 (1) The local government shall ensure the organization, management, and coordination of child welfare services defined in Article 39 above through the operation of child welfare service or within the framework of family assistance service as well as the employment of a person qualified in accordance with separate legal regulation (together hereinafter referred to as child welfare service).

 

(2) The child welfare service shall, coordinated with the district nurse service, perform duties with respect to organization, service and care provision. Beyond the activities listed in Article 39 above, the child welfare service shall

 

a)    closely monitor social conditions and endangerment of children living in the area,

b)    listen to children’s complaints and in order to address such complaints it shall take appropriate measures,

 

c)    develop plans for the care and upbringing of the child taken under protection,

 

d)    organize the network of substitute parents,

e)    assist the care provider and educational institute in the performance of its duty of child protection,

 

f)    on request, prepare environmental study,

 

g)    initiate the introduction of new provisions to be carried out by the local government,

 

h)    in accordance with the request of the professional service responsible for child protection , investigate and reveal the conditions of those willing to adopt children.

 

 

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(3) The child welfare service specified in paragraphs (1) and (2) shall be free of charge.

 

 

Day -time provision of children

 

Article 41 (1) As the day-time provision of children, day-time care, nursing, education, and food according to the age of children living in families shall be arranged for children whose parents, foster parents, or caregivers are not able to look after them during the day due to their employment, illness or for other reasons.

 

(2)    Day-time provision of children shall, in particular, be ensured for a

 

child

 

a) in need of permanent provision during the day because of their physical or mental development,

 

b) who is looked after by single or elderly persons, or lives with three or more other children to be looked after in the family, except for a child whose caregiver receives child benefit, child support or nursing fee for the child.

 

c) whose parents, caregivers are not able to look after the child due to their social circumstances.

 

(3)    Day-time provision of children may be organized based upon daily or weekly periods, especially in day nurseries, out-of-school care, kindergarten, within the framework of after-school care or child-minding.

 

 

Day nursery

 

Article 42 (1) Day nurseries are institutions providing day-time care, professional nursing, and education of children living in families who are under three years of age. If a child reaches 3 years of age, but based upon his or her physical or mental development, the child is not yet mature to attend kindergarten, he or she may be looked after and nursed in day nursery until August 31 following his or her 4th birthday.

 

(2) Beyond the activities specified in paragraph (1) above, day nurseries may be responsible for the care and nursing of disabled children aiming at early habilitation and rehabilitation. Based upon the professional opinion of the committee of experts and rehabilitation regulated by the Act No. LXXIX of 1993 on Public Education (hereinafter referred to as Public Education Act, within the framework of day nursery provision, a disabled child shall, until the age of six, participate in pre-school training ensuring his or her development.

 

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(3)    Beyond their basic provisions, day nurseries may assist families with services such as special counseling, temporary child care, child hotel, or other services providing help for child rearing.

 

(4)    Day nursery provision shall cease

 

a)    at the end of the nursery year, if the child has already reached 3 years of age,

 

b)    if the child has already reached the ages specified in paragraphs (1) and (2).

 

 

Out-of-school care

 

Article 43 (1) The out-of-school care, which does not fall under the category of public education, of children not receiving day nursery or kindergarten care, as well as the out-of-school care outside of the opening hours of schools of those receiving school education, as well as of those not participating in day-time school activities or learning room provision shall be qualified as a day-time care provision of children.

 

(2) The out-of-school care provides day-time supervision, care, education, food, and activities for children living in families in accordance with their age. Disabled children shall be offered provision adjusted to their special needs.

 

 

Child-minding

 

Article 44 (1) Within the framework of child-minding, the day-time care of the child may be ensured by a caregiver in the home of the parents or other legal representatives, if temporary or permanent provision of the child in day-time institutions is not possible (e.g. because of illness), and the parents of the child are not able to ensure day-time care of the child for the whole day.

 

(2) The time period of day-time care provided in the framework of child-minding shall follow the work schedule of the parents.

 

 

Short-term foster care of children

 

Article 45 (1) Within the framework of short-term foster care of the child, food, clothing, mental hygienic and health provision, nursing, education, and accommodation of the child promoting the physical,

 

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intellectual, emotional, and moral development of the child as well as in accordance with his or her age, health, and other needs (hereinafter referred to as full provision) shall be provided.

 

(2)    Short-term foster care of the child shall, upon the request or approval of parents or other legal representatives of the child with parental responsibilities (hereinafter referred to as parents), be provided temporarily with full provision, if parent fails to ensure the upbringing of the child in the family because of his or her health condition, problems of his or her way of living, justified absence, or other interference. Disabled children shall be offered provision adjusted to their special needs.

 

(3)    At the place of short-term foster care of the child, the homeless parent of the child may also be placed. A child under 14 years of age may only be separated from his or her parents in exceptionally justified cases. Parents shall participate in the care of their child in accordance with their work schedule.

 

(4)    If possible, during the short-term foster care of the child, school education of the child shall be ensured without changing schools.

 

(5)    The child welfare service at the place of abode - if there is none, the place of residence - of his or her parents shall be notified of the commencement of short-term foster care of the child.

 

(6)    The short-term foster care of children shall last as long as the original reason exists, however, for a maximum of six months.

 

Article 46 (1) Within the framework of short-term foster care of children, special provision and accommodation shall be ensured for children arbitrarily leaving their place of abode, thus staying without provision and supervision.

 

(2) Placement of children specified in paragraph (1) above shall in each case happen only upon the approval of parents. If parents fail to take care of the child within 3 days following the notification about the short-term foster care, or disapprove such short-term foster care, the guardianship office shall immediately be notified to take necessary administrative measures.

 

Article 47 (1) The short-term foster care of the child shall be discontinued upon parents’ request or if the original reasons do not exist anymore.

 

 

 

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(2)    The short-term foster care of the child shall be discontinued upon expiration of the period of foster care.

 

(3)    If the period of foster care has already expired, however, the child is not able to return to his or her family environment,

 

a) such foster care may be extended by three more months, or

 

b) the guardianship office shall be immediately notified to take necessary measures.

 

(4)    The guardianship office shall also notified before the end of the sixth month, if it becomes evident that the child will not be able to return to his or her family environment.

 

Article 48 (1) The short-term foster care of the child may be arranged for weekly or longer periods, in particular with substitute parents selected by the notary of the local government, in temporary home of children or temporary home of families.

 

(2) As a form of temporary child-minding, a caregiver may, upon parents’ request, provide care for the child at his or her home, if care of the child, due to his or her physical or mental health, in a residential institute is not possible and such care is in the best interests of the child.

 

 

Substitute parents

 

Article 46 (1) The substitute parent shall provide temporary care in his or her own home for children living in families.

 

(2)    The substitute parent may be a capable person of legal age and with a clean record, who has successfully participated in a training specified in separate legal regulation and, based upon his or her personality and conditions, is qualified for the temporary care of the child, and undertakes to look after and provide care for the child to be placed with such substitute parent for a period specified by parent.

 

(3)    The substitute parent may provide care for no more than 5 children

 

-  including his or her own children - at the same time.

 

(4)    The child welfare service shall assist the substitute parent with professional counseling. The substitute parent shall be obliged to cooperate with the child welfare service.

 

(5)    The substitute parent shall perform his or her duties having the legal status as substitute parent set forth in separate legal regulation.

 

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(6) In particularly justified cases, the number of children specified in paragraph (3) above may, in the interests of the child, be deviated from upon the request or consent of the substitute parent.

 

 

Temporary home of children

 

Article 50 (1) The temporary home of children shall provide care for the child living in his or her family, however, staying temporarily without provision and supervision, or would stay lacking such provision and supervision without such placement, as well as for the child whose provision is endangered due to difficulties arising from the way of living of the family.

 

(2) The temporary home of children shall, in cooperation with the child welfare service, provide assistance in returning the child to his or her family.

 

 

Temporary home of families

 

Article 51 (1) Upon the request of the homeless parent, the child and his or her parent may together be placed in the temporary home of families, if without such placement, their accommodation would not be ensured and the child would have to be separated from his or her parent.

 

(2) The temporary home of families shall

 

a)    ensure accommodation and necessary further provision of both parent and child,

 

b)    assist parent in the full provision, care, and upbringing of the child,

c)    contribute to the elimination of the family’s homelessness and stabilize their situation.

 

 

Section 7

 

Professional child protection provision

 

The purpose of professional child protection provision

 

Article 52 (1) Within the framework of professional provision, home-like provision for the child temporarily placed or taken into short-term or long-term foster care, further after-care for the young person as well as full

 

 

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provision for the child requiring professional provision for other reasons shall be ensured.

 

 

Home-like provision

 

Article 53 (1) Within the framework of home-like provision, the following provisions shall be ensured for the child temporarily placed or taken into short-term or long-term foster care

 

a)   full provision specified in paragraph (1) of Article 45 above,

 

b)    family support to help maintain contact with family members and preparing the return of the child into his or her family environment, or, if this is not possible, support of adoption,

 

c)    after-care necessary for the integration of the child into his or her family as well as for the beginning of his or her own life.

 

(2)    In the course of home-like provision, special care shall be provided for the child with disabilities or integrating, behavioral or learning difficulties or for those with special needs due to their age.

 

(3)    Such special care shall involve education, professional training, activities in accordance to the child’s age, conditions, and needs as well as nursing, socializing, and re-socializing as well as habilitation and rehabilitation of the child.

 

(4)    Accommodation and necessary further provision shall be ensured within the framework of after-care provision for the young person leaving short-term or long-term foster care, whose after-care provision is ordered by the guardianship office.

 

(5)    The child shall also be entitled to home-like provision, if

 

a)    his or her school education and upbringing is possible in a student home or dormitory,

 

b)    his or her care is possible in an institute responsible for the care and nursing of disabled children (hereinafter referred to as other residential institute).

 

(6) Home-like provision shall be ensured by

 

a)   foster parent with the support of backer, if this is not possible,

 

b)    children’s home, or

 

c)    other residential institute with the assistance of the professional child protective service.

 

 

Foster parents

 

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Article 54 (1) The foster parent may be a capable person of legal age and with a clean record, who has successfully participated in a training specified in separate legal regulation and, based upon his or her personality and conditions, is qualified to ensure the child’s balanced development as well as to assist the child to return to his or her family.

 

(2)    A person who fails to meet the requirements specified in this act, or whose right to parental supervision has been revoked by a court order or suspended, except if the reason for such suspension is that the child is under the supervision of the other parent living separately, shall not be a foster parent.

 

(3)    A professional foster parent is a foster parent meeting the qualification requirements specified in separate legal regulation.

 

(4)    A specialized professional foster parent is a professional foster parent who meets the qualification requirements and is competent for ensuring the balanced development of the child with integrating, behavioral, or learning difficulties, or addicted to drugs, alcohol, etc., or requiring special care due to other circumstances as well as to assist such child in returning to his or her family.

 

(5)    The foster parent may provide care for no more than 5 children - including his or her own children - at the same time.

 

(6)    The professional foster parent may provide care for no less than 3 and no more than 8 children - including his or her own children - at the same time.

 

(7)    The specialized professional foster parent may provide care for no more than 5 children - including his or her own children - at the same time.

 

(8)    Upon determination of the number of children to be placed under the supervision of foster parent, professional foster parent, or specialized professional foster parent (hereinafter referred to as foster parent), disabilities or personality disturbance or other circumstances justifying for special care.

 

(9)    In particularly justified cases, the number of children specified in paragraphs (5) - (7) above may, in the interests of the child, be deviated from upon the request or consent of the substitute parent.

 

Article 55 (1) The foster parent shall, based upon individual nursing-fostering plans developed in accordance with the statutes, ensure full

 

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provision in his or her own home for the child or young person temporarily placed or taken into short-term or long-term foster care.

 

(2)    The foster parent shall, based upon the order of the guardianship office, perform guardian’s responsibilities.

 

(3)    The foster parent shall, based upon the resolution of the guardianship office, ensure the relation of the child he or she is looking after to the child’s parent and close relatives entitled to maintaining contact.

 

(4)    Backer shall provide assistance in the activity of foster parent with counseling, family support, and after-care.

 

(5)    The foster parent shall perform his or her duties having the legal status as foster parent set forth in separate legal regulation.

 

Article 56 (1) The foster parent shall, for the provision of the child temporarily placed or taken into short-term or long-term foster care, or the young person who has previously been a foster child, be entitled to fostering allowance. The minimum amount of such fostering allowance per child shall be 120% of the minimum amount of old-age pension.

 

(2)     The fostering allowance shall be 140% of the minimum amount of old-age pension, if the child in foster care is

 

a) afflicted with severe integrating, behavioral, or learning difficulties according to the professional opinion prepared by the agency specified in paragraph (1) of Article 132 below,

b) permanently ill or disabled.

 

(3)    The foster parent shall, beyond said fostering allowance, receive special allowance for the clothing, text books, school supplies as well as other equipment of the child necessary for the child’s studies, pocket money of the child, and for parts of the household expenses. The annual amount of such allowance per child shall not be lower than 25% of the annual fostering allowance.

 

(4)    The special allowance specified in paragraph (3) above shall mainly be in cash and paid monthly together with the fostering allowance.

 

(5)    The foster parent shall use the allowances set forth in paragraphs

 

(1)  - (3) exclusively for the appropriate provision of the child.

 

 

Children’s home

 

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Article 57 (1) The children’s home shall ensure home-like provision for the child temporarily placed or taken into short-term or long-term foster care.

 

(2)    If necessary, the children’s home shall accept the child of the child specified in paragraph (1) above and the young person receiving after-care as well as his or her child.

 

(3)    The children’s home shall provide temporary care for the child in need - because of his or her health - who is under 3 years of age, not under child protection, and requires special care and may accept the homeless parents of the child as well as expectant mothers in social crisis.

 

(4)    The children’s home shall, in order to fulfill the provisions of paragraphs (1) - (3)

 

a) accept the child requiring temporary care and, in order to stabilize the situation of the child, initiate necessary measures,

 

b) arrange the acceptance of the child temporarily placed or taken into short-term or long-term foster care, and notify the guardianship office and the district professional child protective service,

c) accept the young person receiving after-care, who is not able to ensure his or her own existence, or is a full-time student, or is waiting for acceptance to a social institute (providing nursing, fostering, and rehabilitation),

 

d) based upon individual nursing-fostering plans developed by the children’s home, ensure home-like provision, moreover, based upon the order of the guardianship office, performance of guardian’s responsibilities, and preparation of regular supervision of provision; and according to this

da) help maintain contact between the child and his or her family, returning the child to his or her family, therefore, cooperate with the family, the child welfare service responsible for the family, the district professional child protective service, and the guardianship office.

 

db) inform the guardianship office of the development of relationship between the child and his or her family,

 

dc) prepare the child for family life and an independent way of living, and promote the child’s preparation for independent life by successfully completing his or her studies, learning a profession, and precautionary savings.

 

dd) ensure after-care for the child or young person who has been a foster child before.

 

 

 

 

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(5)    The children’s home may operate a network of foster parents and perform related preparations, family support, and provide professional counseling and support for foster parents.

 

(6)    The children’s home shall, in accordance with the requirements of the district and professional regulations set forth in separate legal regulations, develop its organization, fostering and nursing system. The basic document of the institute with respect to nursing and fostering shall be a professional program defining the goals, principles, and methods of fostering.

 

(7)    The children’s home may, in accordance with its basic activities, provide services for the local population (e.g. children’s holidays, day-time care of children, temporary care of children), although such services of the children’s home shall not endanger the performance of its basic responsibilities.

 

Article 58 (1) The specialized children’s home or the specialized team of the children’s home shall provide nursing, socializing, re-socializing, habilitation and rehabilitation for the child temporarily placed or taken into short-term or long-term foster care, or suffering from permanent illness or disabilities, or integrating, behavioral, or learning difficulties, or addicted to drugs, alcohol, etc., or requiring special care because of his or her age.

 

(2) Upon the request of the guardianship office, the specialized children’s home may perform a personality test of the children within the framework of residential care.

 

Article 59 (1) The children’s home shall ensure home-like provision for no less than 12 and no more than 40 children placed in individual habitation units.

 

(2)    The group home is a children’s home offering home-like provision for a maximum of 12 children in an individual apartment or family house, in a family environment.

 

(3)    The children’s home specialized for children with integrating, behavioral, and learning disabilities shall, with respect to their age, health, and maturity, ensure home-like provision, nursing, habilitation, and rehabilitation of no more than 15 children.

 

(4)    If the children’s home ensures full after-care of young persons exclusively, such children’s home shall operate as an after-care home.

 

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District professional child protective service

 

Article 60 (1) The duty of district professional child protective service (hereinafter referred to as professional child protective service), in order to find the foster place of the child temporarily placed or taken into short-term or long-term foster care, is to

 

a)    perform the personality test of the child, prepare a professional opinion and placement recommendation with respect to the child upon the request of the guardianship office,

b)    develop individual placement plan of the child upon the request of the guardianship office,

 

c)    select foster parent and children’s home performing the duty of temporary placement as well.

 

Article 61 (1) The duty of professional child protective service, in order to organize, maintain, and operate a network of foster parents, is to

 

a)    test qualification of foster parent, select foster parent based upon professional requirements set forth in separate legal regulation,

 

b)    prepare foster parent - with training and further education - to be able to perform his or her duties and continuously assist him or her with professional counseling.

 

Article 62 (1) The duty of professional child protective service, in order to professionally prepare adoption of the child, declaration of the child taken into short-term or long-term foster care to be available for adoption, and offer for adoption of the child, as well as perform the procedures of adoption, is to

 

a)         keep records on the child in short-term foster care declared available for adoption based upon the resolution of the guardianship office, the child available for adoption in long-term foster care as well as the child available for adoption based upon the report of parent, the agency or person providing health care service, the child welfare service, or other agency responsible for family protection,

 

b)    inform the person wanting to adopt a child and prepare him or her for the adoption,

 

c)    test the qualification of the person wanting to adopt of a child with respect to health and mental conditions in accordance with the professional requirements set forth in separate legal regulation, and keep records on such person based upon the resolution of the guardianship office.

d)    take necessary measures, within its jurisdiction as an ad hoc trustee, in the case of the child taken into short-term or long-term foster care.

 

 

 

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(2) The professional child protective service shall continuously inform the National Institute of Family and Child Protection of the records kept in accordance with points a) and c) or paragraph (1) above.

 

Article 63 (1) With respect to the duties of the children’s home set forth in this act, the professional child protective service shall, for the assistance and professional control of the nursing-fostering activities of the guardian (legal guardian), caregiver of the child taken into short-term or long-term foster care according to individual programs

 

a)   develop the individual nursing-fostering plan of the child,

 

b)    upon the request of the guardianship office, or semi-annually without such request, ex officio inform the guardianship office of the duties performed in connection with nursing and fostering, the development of the relationship between the child and his or her parent as well as the cooperation of the parent with the institution or person responsible for looking after his or her child.

 

c)    notify the guardianship office, if limitation of the jurisdiction of guardian (legal guardian) or revocation or suspension of his or her function is justified,

d)    take care of the execution of the placement plan, therefore, in cooperation with the child welfare service, provide family support to establish the conditions of bringing up the child in the birth family and restore the relationship between parent and child,

 

e)    perform family support and after-care, in cooperation with the child welfare service, to reintegrate the child into his or her family and encourage the child to start his or her independent life, if the child’s foster place is not a children’s home

 

Article 63 (1) The professional child protective service shall, for the guardianship of the child temporarily placed or taken into short-term or long-term foster care,

 

a)    represent the child within its jurisdiction as an ad hoc trustee, if guardian is not allowed to represent the child, or, in matters requiring special expertise, guardian is not qualified to represent the child,

 

b)    perform property management duties in its jurisdiction as an ad hoc trustee, if the guardianship office fails to authorize guardian to manage the property of the child,

c)    perform the duties related to the guardianship of individual children in its jurisdiction as a legal guardian, based upon paragraph (4) of Article 98 of the Family Law.

 

Article 65 (1) The professional child protective service shall, within the framework of professional counseling,

 

a) provide professional, methodological assistance for performing professional duties related to personal care,

 

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b) prepare recommendations for the development of professional provision and promote implementation of scientific research in practice.

 

 

District professional child protective service

 

Article 66 (1) County and Budapest-based local governments shall ensure professional support of child protection specified in Articles 60-65 above through the operation of institutes of child protection or other institutions providing professional support (hereinafter referred to as district professional child protective service).

 

(2) The district professional child protective service shall in particular

 

a)       operate a network of ad hoc trustees, property managers, legal guardians,

b)    perform the duties of professional counseling, and

c)    based upon the decision of county and Budapest-based local governments, operate a home to enable short-term foster care or temporary placement of children.

 

 

 

CHAPTER THREE

 

CHILD PROTECTION AND WELFARE

 

Article 67 (1) If provision for the physical, intellectual, emotional, and moral development of the child can not be ensured upon the approval of parent, and such situation may endanger the development of the child, the notary of the local government or the guardianship office shall, depending on the extent of endangerment, take one of the measures set forth in paragraph (4) of Article 15.

 

(2)    If a divorce or child placement suit is under way between the parents, and child protection seems to be justified in the best interests of the child, the court shall immediately request the guardianship office to take necessary measures.

 

(3)    If the court refuses the request of the guardianship office to cease parental supervision and arrange the placement of the child, another means of child protection shall be chosen.

 

 

Section 8

 

 

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Taking the child under protection

 

Article 68 (1) If parent is not able or does not want to eliminate endangerment of the child through the optional use of basic provisions, however, it is presumable that, with assistance, development of the child within a family environment may be ensured, the notary of the local government shall take the child under protection.

 

(2) Simultaneously with taking the child under protection, the notary of the local government shall appoint a family caregiver from the child welfare service for the child in order to continuously help the care and organize the provision of the child and support parental care, and, if necessary,

 

a)      oblige the parent to continuously use the day-time provision of children,

b)    oblige the parent to contact, together with his or her child, a person or organization responsible for family protection,

 

c)    initiate with the competent family practitioner - in the case of severe endangerment, with any practitioner - the medical examination of the parent or other relative living together with the child, who is permanently or temporarily in an abnormal mental state due to his or her illness or addiction to drugs, alcohol, etc.,

d)    take care of the elimination of circumstances endangering the child’s health with the cooperation of the competent authorities,

 

e)    develop behavioral rules in order to eliminate certain manners of the child criticized by family caregiver,

 

f)    warn parent of the consequences of his or her inappropriate way of living and behavior and order parent to change.

 

(3)    Upon taking the child under protection, the family caregiver shall develop an individual nursing-fostering plan, to which, upon the request of the local government, the district professional child protective service shall provide assistance.

 

(4)    The notary of the local government shall - upon request or ex officio annually - revise justification for taking the child under protection. If taking the child under protection is not suitable for eliminating the endangerment of the child, another means of child protection shall be chosen in the best interests of the child. Parent shall be warned of such legal consequences.

 

(5)    Taking the child under protection shall not affect the right of the parent to supervision.

 

 

 

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Article 69 (1) The notary of the local government may take the following persons under protection

 

a)    the young person of school-age or involved in regular school education, having committed a petty offence, based upon notification of the authority in charge of petty offenses,

b)    the young person suspected of or charged with a crime, based upon information of police, prosecution, or court,

 

c)    the child under 14 years of age, based upon the resolution of investigation authorities refusing investigation,

 

and, in order to continuously help their upbringing and support parental care, order a family caregiver for them. Simultaneously with taking the above persons under protection, the notary of the local government may take measures set forth in points a) -f) of paragraph (2) of Article 68, in order to promote their upbringing within a family environment.

 

(2) The provisions of paragraphs (3) - (5) of Article 68 shall apply to taking the persons specified in paragraph (1) above under protection.

 

 

Section 9

 

Fostering the child in another family

 

Article 70 (1) Upon request of both parents exercising parental supervision or parent exercising parental supervision alone, by providing opportunity for the absent parent to express his or her views, the guardianship office may approve, that, due to health conditions or justified absence of parent or for other family reasons, the child shall temporarily be taken in, nursed, and fostered by another family selected by the guardianship office for the necessary period of time, provided that such action is in the best interests of the child.

 

(2)    For the time of fostering the child in another family, the right of the parent to supervision shall be suspended.

 

(3)    Fostering the child in another family shall not affect parent’s obligation of support.