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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 19.01.2006.–17.11.2006.
Amendments not included: 14.11.2006., 25.09.2007., 15.03.2011., 17.09.2013., 14.08.2018.

Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.

Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending regulations of:

10 January 2006 (No. 35).

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.


Republic of Latvia

Cabinet
Regulation No. 857

Adopted 15 November 2005

Regulations Regarding Social Guarantees for an Orphan and a Child Left without Parental Care who is in Out-of-Family Care as well as After the Termination of Out-of-Family Care

Issued pursuant to
Section 12, Paragraph four and
Section 43, Paragraph one
of the Protection of the Rights of the Child Law

I. General Provision

1. These Regulations prescribe social guarantees for an orphan and a child left without parental care, who is in out-of-family care (hereinafter - a child), as well as for an orphan and a child left without parental care after reaching the legal age (hereinafter - a child who has reached the legal age).

II. Financial Support of a Child

2. The guardian, foster family, the head of the long-term social care and social rehabilitation institution or the boarding school director (hereinafter - the provider of out-of-family care services), in whose care a child has been placed, shall deposit donations and gifts provided for the child by a natural or legal person in the form of monetary funds to the account that has been opened in the name of the child in a credit institution.

3. The local government, whose orphans' court (parish court) has taken the decision regarding the out-of-family care of a child, shall monthly pay financial resources for the personal expenses to a child who has been placed in a boarding school and to whom a guardian has not been appointed. The amount of resources paid shall not be less than 15 per cent of the amount of the State social security benefit.

4. If the parents or one of the parents of a child left without parental care die during the out-of-family care, the provider of the out-of-family care services, in co-operation with the orphan's court (parish court) that has taken the decision regarding the out-of-family care of the child, shall settle the matters regarding the granting of the survivor's pension or social security benefit.

5. The head of the long-term social care and social rehabilitation institution or the boarding school director shall transfer the survivor's pension or social security benefit granted to the child to the account that has been opened in the name of the child in a credit institution.

6. The local government, whose orphans' court (parish court) has taken the decision regarding the out-of-family care of a child, shall cover the expenses related to the education and stay of the child in the educational institution.

III. Certificate for the Provision of Social Guarantees and Procedures for the Issuance Thereof

7. The orphans' court (parish court) that has taken the decision regarding the out-of-family care of a child shall issue the single model certificate for the provision of social guarantees (hereinafter - the certificate) to the child starting from seven years of age, as well as to the child who has reached the legal age (Annex 1). The certificate shall be issued to a child who has reached the legal age if such child without interruption continues full-time studies at a general secondary education institution, vocational education institution or an institution of higher education and is a successful student.

8. The certificate shall be issued on the basis of the decision of an orphans' court (parish court) regarding the out-of-family care of a child.

9. Drawing up of the certificates upon the request of an orphans' court (parish court) shall be ensured by the Ministry of Children and Family Affairs (hereinafter - the Ministry). The certificates shall be issued to orphans' courts (parish courts) free of charge.

10. For the first time the certificate shall be issued and the term of validity thereof (not longer than three years) shall be determined by the orphans' court (parish court) that has taken the decision regarding the out-of-family care of a child.

11. Repeated issuance of the certificate and determination of the term of validity thereof (not longer than three years) shall be performed by an orphans' court (parish court) in accordance with the location of the provider of out-of-family care services or the location of the educational institution where the child, who has reached the legal age, studies.

12. The certificate shall be issued to a child who has reached the legal age annually by 1 October, if such child is a successful full-time student of an educational institution.

13. An orphans' court (parish court) within a period of five working days after having taken the decision regarding the out-of-family care of a child shall submit to the Ministry or send by post thereto the following:

13.1. a request for the drawing up of the certificate (hereinafter - a request for the certificate) (Annex 2);

13.2. a photograph of the child (3 x 4 cm); and

13.3. a certified copy or true copy of the decision of an orphans' court (parish court) regarding the out-of-family care of the child.

14. An orphans' court (parish court) shall make a relevant entry in the register of certificates (hereinafter - the register) regarding the sending of the request for the certificate to the Ministry (Annex 3).

15. In case of a repeat request for the certificate, an orphans' court (parish court) shall submit to the Ministry the documents referred to in Sub-paragraphs 13.1 and 13.2 of these Regulations.

16. If the certificate is requested for a child who has reached the legal age, in addition to the documents referred to in Sub-paragraphs 13.1 and 13.2 of these Regulations, a statement of the educational institution that affirms that the child in question is a successful full time student of the relevant educational institution shall be submitted to the Ministry.

17. The Ministry shall ensure that in a time period of three working days the certificate is made and issued to the requester, making a relevant entry thereof in the certificate record book (hereinafter - the record book) (Annex 4).

18. If the certificate has been lost, taken away or damaged, an orphans' court (parish court) shall submit to the Ministry a request for the certificate and a written explanation by the child or his or her lawful representative. In such case the Ministry shall ensure that the certificate is drawn up within a time period of seven working days.

19. Within a time period of seven working days after the termination of the out-of-family care of a child the orphans' court (parish court) shall inform the Ministry in writing thereof, attaching a document that substantiates the termination of the out-of-family care and the certificate issued previously.

20. The Ministry shall cancel the certificates referred to in Paragraphs 18 and 19 of these Regulations and make an entry in the record book thereof, specifying the reason for the cancellation and the date. The cancelled certificates shall be included in the list of invalid certificates and destroyed in accordance with regulatory enactments that prescribe the procedures for destruction of documents.

IV. Relief Arrangements for a Child Before and After Reaching the Legal Age

21. A child and a child who has reached the legal age, upon producing the certificate, shall have the rights to utilise fare concessions on public transport.

22. Local governments are entitled to determine in their binding regulations additional relief arrangements to a child, as well as to a child who has reached the legal age.

V. Provision of Information Regarding Social Guarantees

23. The provider of the out-of-family care services six months before a child reaches the legal age shall inform the local government, whose orphans' court (parish court) has taken the decision regarding the out-of-family care of the child, regarding the time when the out-of-family care of the child terminates and the child shall need support to receive an education and to commence an independent life, as well as assistance in solving apartment matters.

24. The provider of the out-of-family care services in co-operation with an orphans' court (parish court) six months prior to a child's reaching the legal age shall inform the child in writing regarding the rights to receive assistance in solving of apartment matters, fare concessions, as well as support to receive an education and to commence an independent life.

VI. Support for a Child Who has Reached the Legal Age for Commencement of Independent Life

25. The provider of the out-of-family care services after the termination of the provision of the out-of-family care services shall deliver to a child who has reached the legal age the clothes and shoes that have been at his or her disposal.

26. A long-term social care and social rehabilitation institution after the termination of the out-of-family care shall pay to a child who has reached the legal age monetary resources for the commencement of independent life, the amount of which shall not be less than twice the amount of the social security benefit. The expenses referred to shall be covered from the resources provided for the relevant institution for the current year.

27. The local government, whose orphans' court (parish court) has taken the decision regarding the out-of-family care of a child, after the termination of the out-of-family care of the child who has reached the legal age in a foster family, at a guardian or in a boarding school shall pay to the child monetary resources for the commencement of independent life, the amount of which shall not be less than twice the amount of the social security benefit.

28. The local government in accordance with the procedures specified in the Law On Assistance in Solving Apartment Matters shall provide to a child who has reached the legal age assistance in solving apartment matters.

29. Until the allocation of living quarters to a child who has reached the legal age the local government shall cover the monthly expenses of the child related to the rental of residential space.

30. The local government, whose orphans' court (parish court) has taken the decision regarding the out-of-family care of a child, after the termination of the out-of-family care shall grant an extraordinary allowance to the child who has reached the legal age to obtain household objects and soft furnishings. The amount of the benefit referred to may not be less than LVL 175. It shall be a half of the amount that is necessary in order to equip the dwelling with the necessary minimum of household objects and soft furnishings for the commencement of independent life (Annex 5). The benefit may also be delivered in the form of household objects and soft furnishings.

31. If a child who has reached the legal age and has received a general primary education continues without interruption his or her studies at a general secondary or vocational education institution and is a successful student thereof, and has not married, the local government shall pay to such child the benefit for monthly expenses that is not less than the amount of the State social security benefit.

32. The local government that has taken the decision regarding the out-of-family care of a child by providing psychosocial and material support shall take the measures necessary for the integration of the child who has reached the legal age into society.

VII. Closing Provisions

33. Chapter III of these Regulations comes into force on 1 January 2006.

34. The certificate that in accordance with the procedures determined by the Minister for Welfare had been made before 31 December 2005 shall be utilised for the receipt of social guarantees until the expiry of the term of validity thereof.

[10 January 2006]

35. The social guarantees specified by these Regulations apply also to such children and children who have reached the legal age the decision regarding the out-of-family care of which has been taken by the Executive Committee of the district (city) Council of People's Deputies or the parish (city) Council of People's Deputies.

36. The norm referred to in Paragraphs 30 and 31 of these Regulations in respect of the amount of the benefit comes into force on 1 January 2006.

37. Until 31 December 2005 the minimum amount of the benefit for the purchase of household objects and soft furnishings shall be LVL 100.

38. Until 30 December 2005 the minimum amount of the benefit referred to in Paragraph 31 of these Regulations shall be LVL 21.

39. Cabinet Regulation No. 254 of 13 July 1999, Regulations Regarding Social Guarantees for Orphans and Children Left Without Parental Care (Latvijas Vēstnesis, 1999, No. 231/232) is repealed.

Acting for the Prime Minister,
Minister for Finance O. Spurdziņš

Acting for the Minister for Children and Family Affairs,
Minister for Transport A. Šlesers

 

Annex 1
Cabinet Regulation No. 857
15 November 2005

Certificate for the Provision of Social Guarantees

Description

1. The certificate for the provision of social guarantees (hereinafter - the certificate) shall be a document of the size of 54 x 86 or 85 mm.

2. The front side of the certificate shall carry the following information:

2.1. at the top of the certificate the name of the document - "Apliecība sociālo garantiju nodrošināšanai" [Certificate for Provision of Social Guarantees];

2.2. in the centre of the certificate, printed in red and placed one under another shall be the following words: "Vārds", "Uzvārds", "Personas kods" ["Given name", "Surname", "Personal identity number"]. Opposite thereto relevant entries in black shall be made;

2.3. a scanned photograph of the child on the left side of the certificate (19 x 25 mm);

2.4. the number of the certificate shall be indicated above the photograph. A seven-digit number shall be opposite to the abbreviation "Nr." [No.] printed in black.

2.5. under the photograph shall be the words "Derīga līdz" [valid until] printed in black. On the next line under the words referred to, the expiry date of the relevant certificate shall be specified - date, month, year (four digits);

2.6. the words "Apliecību izsniegusi" [Certificate issued by] printed in black, and opposite thereto in black - the name of the issuing authority; and

2.7. the words "Apliecība izsniegta, pamatojoties uz" [Certificate issued on the basis of] printed in black. A relevant entry in black shall be made opposite thereto.

3. The other side (reverse) of the certificate shall carry the following information:

3.1. at the top of the certificate - the name of the issuing state "LATVIJAS REPUBLIKA" [Republic of Latvia] (printed in black). At the bottom of the central part of the certificate "BĒRNU UN ĢIMENES LIETU MINISTRIJA" [Ministry of Children and Family Affairs] (printed in black); and

3.2. under the words "BĒRNU UN ĢIMENES LIETU MINISTRIJA" [Ministry of Children and Family Affairs] a text with the following content shall be printed in two lines (printed in black): on the first line - "Apliecības atrašanas vai nozaudēšanas gadījumā" [in case of finding or loss of the certificate], on the second line - "zvanīt pa tālruni xxxxxxx" [call this number xxxxxxx] (the specific telephone number shall be indicated).

4. Certificates shall have the following protective marks:

4.1. printing on both sides - on a white background in grey colour all over the certificate (except for the place of a photograph and the supplemented lesser State Coat of Arms) the words "LATVIJAS REPUBLIKAS BĒRNU UN ĢIMENES LIETU MINISTRIJA"; [Ministry of Children and Family Affairs] shall be placed;

4.2. on the front side of the certificate shall be a coloured image of the supplemented lesser State Coat of Arms;

4.3. in the central part of the other (reverse) side of the certificate shall be a hologram that conforms to the following criteria:

4.3.1. shape - rectangular;

4.3.2. two dimensional;

4.3.3. size - 15 mm (height) x 18 mm (width);

4.3.4. colours: in the foreground - the red colour, behind it - the bluish green colour. The colours shall change depending on the angle of examination in the spectrum from red to bluish-green colour;

4.3.5. the number of layers - two:

4.3.5.1. on the foreground layer - the contour image of the geographical map of Latvia; and

4.3.5.2. in the background layer - in an optic depth of 0.75-1 mm the letters BM repeated in six diagonal lines from the bottom left hand corner to the top right hand corner, with a foreground "shadow" (there are no letters BM under the foreground layer);

4.3.6. when the examination angle of the hologram is changed by 5-7 degrees, the colours change and the foreground or background layer respectively becomes visible with the corresponding arrangement of colours; and

4.3.7. as protection against forgery - the hologram shall be worked in between the layers that constitute the certificate, that is, under the translucent layer of the other side of the certificate, and the hologram may not be detachable from the certificate;

4.4. on the front side in averse of the certificate in all angles and at the points of intersection of the diagonals the letters BM shall be placed (the size of the hologram shall be 20 x 20 mm) at an angle of 45 degrees to the bottom margin, visible in ultraviolet light or in normal lighting by turning the certificate in a specific angle.

Acting for the Minister for Children and Family Affairs,
Minister for Transport A. Šlesers

 

Annex 2
Cabinet Regulation No. 857
15 November 2005

Request for the Drawing up of the Certificate for Provision of Social Guarantees

No._________ ___ __________________ 20___ (date)

Request is (mark with an x):

first time

repeated

1. Orphans' court (parish court)

2. Telephone

3. Information regarding the child or the child that has reached the legal age:
3.1. given name;
3.2. surname;
3.3. personal identity number

4. A decision of the guardianship and trusteeship institution regarding
 

(title of the decision)


5. The date when the decision of the guardianship and trusteeship institution was taken

6. The number of the decision of the guardianship and trusteeship institution

7. Term of validity of the certificate
 

(date, month, year)


8. The name and address of the provider of the out-of-family care services
 

9. Documents attached (mark with an x):

9.1. a certified copy of the decision of the guardianship and trusteeship institution;

9.2. a statement that the child who has reached the legal age is a successful full-time student of an educational institution; and

9.3. a photograph of the child.

Chairman of the Orphans' court (parish court)
 

(signature and full name)

Place for a seal

Acting for the Minister for Children and Family Affairs,
Minister for Transport A. Šlesers

 

Annex 3
Cabinet Regulation No. 857
15 November 2005

 

(the name of the orphans' court/parish court)

 

Register of the Certificates for Provision of Social Guarantees

No.

Date of request of the certificate

Request number of the certificate

The certificate has been requested

Information regarding the child

Certificate number

Date of issue of the certificate

Term of validity of the certificate.

Given name and surname of the recipient* of the certificate>

Signature of the recipient of the certificate

for the first time

repeatedly

given name

surname

personal identity number

reason for the request

term of validity of the previous certificate

1

2

3

4

5

6

7

8

9

10

11

12

13

14

                           

Note. * If a child has not reached the age of 15 years, the recipient of the certificate shall be his or her lawful representative.

Acting for the Minister for Children and Family Affairs,
Minister for Transport A. Šlesers

 

Annex 4
Cabinet Regulation No. 857
15 November 2005

Record Book of the Certificates for the Provision of Social Guarantees

No.

Date of issue of the certificate

Number of the issued certificate

Term of validity of the certificate

Certificate issued

Name of the orphans' court (parish court)

Given name and surname of the chairman or the authorised person of the orphans' court (parish court)

Number and date of issue of the authorisation

Signature of the chairman or the authorised person of the orphans' court (parish court)

Information on the cancellation of a certificate

for the first time

repeatedly

reason

date

1

2

3

4

5

6

7

8

9

10

11

12

                       

Acting for the Minister for Children and Family Affairs,
Minister for Transport A. Šlesers

 

Annex 5
Cabinet Regulation No. 857
14 November 2000

The Minimum of Household Objects and Soft Furnishings for the Commencement of Independent Life

No.

Name of household objects and soft furnishings

Number

Unit price (LVL)

1.

Bed

1

90

2.

Chair

1

10

3.

Table

1

55

4.

Wardrobe

1

87

5.

Pot

1

5

6.

Frying-pan

1

4

7.

Cooker

1

49

8.

Plate

2

0,60

9.

Dish

1

2

10.

Cup

1

0,80

11.

Spoon

2

0,50

12.

Fork

2

0,50

13.

Knife

2

1

14.

Sheet

2

4

15.

Pillowcase

2

2

16.

Blanket cover

2

8

17.

Blanket

1

9

18.

Pillow

1

4

19.

Towel

1

2

 

Total LVL 350

Acting for the Minister for Children and Family Affairs,
Minister for Transport A. Šlesers


Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 857Adoption: 15.11.2005.Entry into force: 18.11.2005.Publication: Latvijas Vēstnesis, 184 (3342), 17.11.2005.
Language:
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