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Teksta versija
LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Republic of Latvia

Cabinet
Regulation No. 354

Adopted 26 June 2018

Regulations for Foster Families

Issued pursuant to
Section 25, Paragraph three
of the Law on Orphan's and Custody Courts
and Section 36, Paragraphs one, 2.1 and three
of the Law on the Protection of the Children's Rights

I. General Provisions

1. This Regulation prescribes:

1.1. the criteria for the recognition of a family (person) as a foster family or a specialised foster family, the types of specialised foster families, as well as the procedures for the granting, removal, and termination of the status of a foster family and a specialised foster family;

1.2. the procedures by which a child is transferred to a foster family and a specialised foster family or his or her stay in such family is terminated;

1.3. the legal relationship and mutual personal and property relationship of a child and a foster family, including a specialised foster family;

1.4. the procedures for the financing of a foster family and a specialised foster family, the amount of the remuneration for the fulfilment of the duties of a specialised foster family, the procedures for granting, disbursing, reviewing, and discontinuing it, as well as the documents to be submitted for receipt of remuneration.

2. An Orphan's and Custody Court may place a child into a foster family or a specialised foster family in the following cases:

2.1. the child's parents are deceased;

2.2. the child is found;

2.3. the child's parents by a court judgment have had their custody rights removed;

2.4. the custody rights have been discontinued to the parents of the child;

2.5. the child is found in conditions which are dangerous to the life or health of the child;

2.6. a conflict situation has developed between the child and the parents or guardian, foster family, or specialised foster family;

2.7. the illness of the parents of the child which precludes the parents from wholesome care for the child.

3. An Orphan's and Custody Court in the territory of operation of which the place of residence of a foster family or a specialised foster family (hereinafter - the Orphan's and Custody Court of the declared place of residence of a foster family) has been declared, in co-operation with an out-of-family care support centre (hereinafter - the support centre) shall, not less than once a year, evaluate the mutual relationship of the family members, the knowledge and skills in taking care of the child, and check the living conditions to make sure whether they have not changed, preventing the opportunity for the further fulfilment of the duties of a foster family or a specialised foster family.

4. An Orphan's and Custody Court which has taken a decision to place a child into a foster family or a specialised foster family, or the Orphan's and Custody Court of the declared place of residence of a foster family or a specialised foster family (based on the co-operation contract) in co-operation with the support centre shall, not less than once a year, check the living conditions and evaluate the care of the child placed into the foster family or the specialised foster family and the compliance with his or her rights.

5. An Orphan's and Custody Court shall co-operate with the support centre with which the foster family or the specialised foster family has entered into an agreement on the provision of support.

6. If a child is placed into a foster family or a specialised foster family the declared place of residence of which is not situated in the territory of operation of the relevant Orphan's and Custody Court, the Orphan's and Custody Court which took the decision to place the child in the particular foster family or specialised foster family and the Orphan's and Custody Court of the declared place of residence of the foster family or the specialised foster family may enter into a co-operation contract, specifying the duties of both Orphan's and Custody Courts in issues which are related to checking the living conditions of the foster family or specialised foster family and the child, supervision of the foster family or the specialised foster family, and protection of the personal and property interests of the child.

7. Upon placing brothers (half-brothers) and sisters (half-sisters) in a foster family or a specialised foster family, they may not be separated. In the interests of children the separation of brothers (half-brothers) and sisters (half-sisters) may be permitted if there are obstacles hindering the placement of brothers (half-brothers) and sisters (half-sisters) into a foster family or a specialised foster family together. When separating children, an Orphan's and Custody Court in co-operation with the foster family or the specialised foster family and the support centre shall ensure that the children in out-of-family care may maintain personal relationship and direct contact with their brothers (half-brothers) and sisters (half-sisters).

8. If a foster family or a specialised foster family changes the declared place of residence, the Orphan's and Custody Court in the territory of operation of which the place of residence of the foster family or specialised foster family was previously declared shall, within three working days after acquiring the information regarding the change of the place of residence, send copies of the case materials of the foster family or specialised foster family to the Orphan's and Custody Court in the territory of operation of which the new place of residence has been declared.

9. The types of a specialised foster family (hereinafter - the specialisation) shall be as follows:

9.1. crisis foster family - a foster family which has at least three years' experience in care for children placed into a foster family and which accepts a child separated from the family, guardian or foster family at any time of the day;

9.2. foster family for a child with a disability for whom an opinion regarding the necessity of special care due to severe functional disorders has been issued (hereinafter - the foster family for a child with severe functional disorders) - a foster family in which at least one of the spouses (persons) has at least 12 months long personal or professional experience in work with children with severe functional disorders.

10. A child shall be placed into a foster family or a specialised foster family for a period of time until the child can return to his or her family or, if it is not possible, until the establishment of guardianship for the child or adoption. Upon taking a decision to place a child into a foster family or a specialised foster family an Orphan's and Custody Court shall indicate the period of time for which the child shall be placed therein. The Orphan's and Custody Court in the interests of a child may extend the period of time of a child's care in a foster family or a specialised foster family by taking a new decision.

11. A child shall be placed into a crisis foster family for a period of time up to 30 days. If it is in the interests of the child, an Orphan's and Custody Court may extend the term of stay of the child in a crisis foster family, but for not more than 12 months.

II. Decision on the Status of a Foster Family

12. The status of a foster family may be granted to the spouses (person), if at least one of the spouses (person) is a citizen or non-citizen of Latvia or a foreigner who has the right with approved relevant documents to reside in the territory of Latvia for not less than two years after submitting the submission referred to in Sub-paragraph 15.1 of this Regulation.

13. The spouses (person) have the right to apply for granting the status of a foster family if at least one of the spouses (person) is between 25 and 60 years of age. As an exception, if it is in the interests of a child, the spouses (person) who do not conform to the specified age may apply for granting of the status of a foster family.

14. The status of a foster family shall not be granted if the following conditions have been applied in relation to at least one of the spouses (person):

14.1. the child custody rights have been discontinued or removed;

14.2. the court has applied the compulsory measures of a medical nature specified in The Criminal Law;

14.3. the person has been convicted of criminal offences related to violence or threats of violence - irrespective of whether or not the conviction is extinguished or set aside;

14.4. the person has been convicted of criminal offences against morality and sexual inviolability - irrespective of whether or not the conviction is extinguished or set aside;

14.5. the person has been removed from fulfilling the duties of a guardian due to disorderly fulfilment of the duties of a guardian;

14.6. the status of a foster family or a specialised foster family, or the status of a guest family has been removed because the duties were not fulfilled according to the interests of the child.

15. In order to recognise the spouses (person) as suitable for the fulfilment of the duties of a foster family, the spouses (person) shall present a personal identification document to the Orphan's and Custody Court of their declared place of residence, as well as submit the following documents:

15.1. a submission (Annex 1);

15.2. an opinion of a psychiatrist on the state of mental health of the person and an opinion of a narcologist on the person being addicted to narcotic and psychotropic or other addictive substances.

16. An Orphan's and Custody Court shall evaluate the documents referred to in Paragraph 15 of this Regulation after receipt thereof, as well as:

16.1. evaluate the motivation of spouses (person) to become a foster family, the mutual relationship of family members, the knowledge and skills in care for a child;

16.2. establish the financial situation of the family;

16.3. check the living conditions of the spouses (person) and draw up an inspection deed of living conditions;

16.4. request information from the Punishment Register regarding the conditions referred to in Sub-paragraphs 14.2, 14.3, and 14.4 of this Regulation.

17. An Orphan's and Custody Court shall, within one month after receipt of the submission, decide on the suitability of the spouses (person) for the fulfilment of the duties of a foster family.

18. If an Orphan's and Custody Court decides that the spouses (person) are suitable for the fulfilment of the duties of a foster family, it shall inform the foster family regarding the duty of entering into an agreement with the support centre regarding receipt of support and the possibility to perform voluntary work in a child care institution.

19. After an Orphan's and Custody Court has taken a decision on the suitability for the fulfilment of the duties of a foster family the spouses (person) shall enter into an agreement with the support centre selected thereby regarding receipt of an opinion of a psychologist on the suitability of the spouses (person) for the acquisition of the status of a foster family, preparation of characterisation of the spouses (person), as well as ensuring of training and psychosocial support.

20. After an Orphan's and Custody Court has taken a decision on the suitability for the fulfilment of the duties of a foster family the spouses (person) shall acquire a training course according to the training programme of a foster family (Annex 2). After successful acquisition of the training programme the spouses (person) shall receive a certificate.

21. A foster family shall each year attend the educating courses provided by the support centre in the amount of at least eight academic hours and shall participate in the development of the individual development plan of the child placed into the foster family.

22. An Orphan's and Custody Court, taking into account the opinion of a psychologist prepared by the support centre on the suitability of the spouses (person) for the acquisition of the status of a foster family, the characterisation of the spouses (person), and the information regarding the acquisition of the training programme, shall, within a month after the end of the training programme, conduct an interview with the spouses (person) in order to determine the will and readiness of the spouses (person) to acquire the status of a foster family, and take a decision to grant the status of a foster family.

23. An Orphan's and Custody Court shall arrange a file regarding each foster family.

24. An Orphan's and Custody Court shall, within 10 working days, issue a true copy of the decision to the foster family and shall enter the relevant information in the Information System of Foster Families, as well as inform the support centre thereof.

25. A decision on the status of a foster family shall be taken by the Orphan's and Custody Court in the territory of operation of which the place of residence of the spouses (person) has been declared. If the declared places of residence of the spouses are in the administrative territories of different local governments, the decision on the status of a foster family shall be taken by the Orphan's and Custody Court of the local government in the territory of operation of which the place of residence of one of the spouses has been declared and in which the spouses actually live.

26. If a foster family cannot take in a child due to justified reasons, it shall inform the support centre and indicate the date from which the foster family is ready to perform its duties. The support centre shall, without delay, transfer the received information to an Orphan's and Custody Court which shall enter it in the Information System of Foster Families.

27. If, within 12 months after entering into effect of a decision to grant the status of a foster family, a foster family refuses to take in a child without a justified reason, an Orphan's and Custody Court in co-operation with the support centre shall re-decide on the suitability of the spouses (person) for fulfilling the duties of a foster family.

28. A foster family shall, without delay, but not later than within three days, inform the support centre regarding the obstacles which significantly hinder the ability of the spouses (person) to continue the fulfilment of the duties of a foster family, especially regarding:

28.1. the divorce;

28.2. the entering into marriage if the status of a foster family has been granted to a person;

28.3. the court judgment which has entered into effect and by which the capacity to act for the other spouse has been restricted;

28.4. the entering into effect of a court judgment regarding the proclamation of a missing other spouse as deceased;

28.5. the death of the other spouse;

28.6. the proclamation regarding the search for the other spouse;

28.7. the longstanding absence of the other spouse, exceeding one year which is not connected to the deprivation of liberty or being remanded in custody;

28.8. the punishment of the other spouse for a criminal offence with the deprivation of liberty or being remanded in custody;

28.9. other important information.

29. An Orphan's and Custody Court shall, within a month after receipt of the information referred to in Paragraph 28 of this Regulation, evaluate it and in co-operation with the support centre check the living conditions of the foster family and draw up an inspection deed of the living conditions, as well as:

29.1. evaluate the motivation of the spouses (person) to be a foster family, the mutual relationship of the family members, the knowledge and skills in care for a child;

29.2. determine the financial situation of the spouse (person);

29.3. determine the opinion of the spouse (person) on the ability to continue to fulfil the duties of a foster family;

29.4. send the spouses (person) to a psychologist provided by the support centre for the receipt of an opinion on the ability to continue to fulfil the duties of a foster family;

29.5. if necessary acquire other important information.

30. On the basis of the evaluation referred to in Paragraph 29 of this Regulation, an Orphan's and Custody Court shall, within 10 working days, decide on the status of a foster family.

III. Decision on the Status of a Specialised Foster Family

31. In order for a foster family to be recognised as suitable for the fulfilment of the duties of a specialised foster family, the foster family shall present a personal identification document to the Orphan's and Custody Court of the declared place of residence, submit a submission (Annex 3), indicating the preferable type of specialisation, as well as documents certifying experience according to the selected specialisation.

32. After receipt of the documents referred to in Paragraph 31 of this Regulation an Orphan's and Custody Court shall evaluate them, as well as in co-operation with the support centre according to the selected specialisation:

32.1. evaluate the motivation of the foster family and the suitability of its living conditions;

32.2. evaluate the possibilities to ensure availability of the environment, mobility, and rehabilitation services;

32.3. evaluate the experience referred to in Paragraph 31 of this Regulation;

32.4. evaluate the knowledge and skills in child care.

33. An Orphan's and Custody Court shall, within one month after receipt of the submission, decide on the suitability of the foster family for the fulfilment of the duties of a specialised foster family in the relevant specialisation.

34. If an Orphan's and Custody Court decides that the foster family is suitable for the fulfilment of the duties of a specialised foster family in the relevant specialisation, the specialised foster family shall enter into an agreement with the support centre regarding receipt of an opinion of a psychologist on the suitability of the foster family for the acquisition of the status of a specialised foster family in the relevant specialisation, the preparation of the characterisation of the foster family, provision of training and psychosocial support.

35. The specialised foster family shall acquire the training course according to the training programme in the particular specialisation the amount of which is 24 academic hours (Annex 4). After successful acquisition of the training programme the specialised foster family shall receive a certificate.

36. A specialised foster family shall each year attend the educating courses regarding child care provided by the support centre in the amount of at least eight academic hours and shall participate in the development of the individual development plan of the child placed into the foster family.

37. An Orphan's and Custody Court by attracting the support centre shall, within a month after the end of the training programme, conduct an interview with the foster family to establish the will and readiness of the foster family to acquire the status of a specialised foster family in the relevant specialisation, and shall take a decision on the status of a specialised foster family.

38. Upon taking a decision on the status of a specialised foster family, an Orphan's and Custody Court shall indicate the relevant specialisation in the decision.

39. An Orphan's and Custody Court shall, within 10 working days, issue a true copy of the decision to the specialised foster family, enter the relevant information in the Information System of Foster Families, as well as inform the support centre thereof.

40. After acquisition of the status a specialised foster family shall enter into a contract with the selected support centre regarding the disbursement of the remuneration for the fulfilment of the duties of a specialised foster family and the disbursement of the one-time compensation for arranging a dwelling.

41. An Orphan's and Custody Court shall add the information regarding the status of a specialised foster family to the case of the particular foster family.

42. A decision on the status of a specialised foster family shall be taken by the Orphan's and Custody Court in the territory of operation of which the place of residence of the foster family has been declared.

43. If a specialised foster family cannot take in a child due to justified reasons, it shall inform the support centre and indicate the date from which the specialised foster family is ready to fulfil its duties. The support centre shall, without delay, transfer the received information to an Orphan's and Custody Court which shall enter it in the Information System of Foster Families.

44. A crisis foster family may not refuse to take in a child in care without a justified reason. The crisis foster family shall, without delay, inform the support centre regarding the reasons due to which the foster family cannot take in the child. The support centre shall, without delay, transfer the received information to an Orphan's and Custody Court which shall enter it in the Information System of Foster Families.

45. If, within 12 months after entering into effect of a decision to grant the status of a specialised foster family, a specialised foster family refuses to take in a child, an Orphan's and Custody Court upon finding out the opinion of the support centre shall decide on the suitability of the foster family for fulfilling the duties of a specialised foster family.

46. The specialised foster family shall, within three working days, inform the support centre regarding the circumstances referred to in Paragraph 28 of this Regulation.

47. An Orphan's and Custody Court shall, within 10 working days after receipt of the information referred to in Paragraph 28 of this Regulation, act in accordance with Paragraphs 29 and 30 of this Regulation.

48. If an Orphan's and Custody Court decides on removing or terminating the status of a specialised foster family, it shall concurrently decide on keeping the status of a foster family.

49. If a specialised foster family wishes to change the specialisation, an Orphan's and Custody Court may decide to grant the status of a specialised foster family in another specialisation, without applying the requirements of this Regulation for the acquisition of the status in the relevant specialisation, if the support centre has acknowledged that the specialised foster family will be able to fulfil the duties in the relevant specialisation.

IV. Procedures by Which a Child is Placed into a Foster Family or a Specialised Foster Family and His or Her Residence in Such Family is Terminated

50. The grounds for placing a child into a foster family or a specialised foster family shall be as follows:

50.1. a decision of an Orphan's and Custody Court to place the child into a foster family or a specialised foster family;

50.2. a contract entered into by and between the local government the Orphan's and Custody Court established by which has taken the decision to place the child into a foster family or a specialised foster family, and one of the spouses (person) who has acquired the status of a foster family (specialised foster family) (hereinafter - the contract with the local government) (Annex 5). The contract with the local government shall enter into effect from the date of signing thereof, unless it has been specified otherwise in the contract;

50.3. an agreement on the provision of support which has been entered into by and between the foster family or the specialised foster family and the support centre selected thereby;

50.4. a contract entered into by and between the specialised foster family and the support centre regarding the disbursement of the remuneration for the fulfilment of the duties of a specialised foster family and the disbursement of the one-time compensation for arranging a dwelling.

51. A child may be placed into a crisis foster family on the basis of a decision of the police to separate the child from the family until the moment when an Orphan's and Custody Court takes a decision to place the child into a crisis foster family.

52. An Orphan's and Custody Court, upon placing a child into a foster family or a specialised foster family, shall find out the opinion of the child, if the child is able to formulate it, taking into account his or her age and level of maturity, and comply with the interests of the child, as well as in co-operation with the support centre shall evaluate whether it will be able to ensure suitable living conditions and care for the child.

53. Not more than three children may be placed into a foster family or a crisis foster family at the same time, except for the case if brothers (half-brothers) and sisters (half-sisters) are being placed into the foster family. The total number of children that are present in the daily care of a foster family may not exceed six (including those under guardianship, adopted or one's own children), except for the case where six or more brothers (half-brothers) and sisters (half-sisters) are placed into a foster family at the same time.

54. The total number of children in the daily care of a foster family for a child with severe functional disorders may not exceed two (including those under guardianship, adopted or one's own children). An Orphan's and Custody Court in co-operation with the support centre, upon evaluating the living conditions and possibilities of the particular foster family, may decide on a larger total number of children in such foster family, if it is in the interests of the child.

55. An Orphan's and Custody Court shall, within one working day, inform the support centre selected by the foster family or specialised foster family regarding placing of the child into the foster family or specialised foster family.

56. The spouses (person) who have fulfilled the duties of a foster family or a specialised foster family have the priority right to become the adopters of a child, if the Orphan's and Custody Court has not declared any of the nearest kin of the child as suitable for the fulfilment of the duties of a guardian in accordance with Section 235 of The Civil Law. The priority right to become the adopters of a child by submitting an application for adoption to the Orphan's and Custody Court may be exercised before the Orphan's and Custody Court which has taken the decision on the out-of-family care of a child has submitted information regarding the child to be adopted to the Ministry of Welfare.

57. An Orphan's and Custody Court shall, within 10 working days, send a true copy of the decision to place a child into a foster family or a specialised foster family to the Orphan's and Custody Court of the declared place of residence of the foster family and shall inform the support centre with which the foster family or specialised foster family has entered into an agreement on the provision of support.

58. Prior to placing of a child into a foster family or a specialised foster family for a child with severe functional disorders an Orphan's and Custody Court shall provide written information to the foster family or specialised foster family and the support centre regarding emotional state of the child, regarding the access procedures with the parents, brothers (half-brothers), sisters (half-sisters), kin of the child or close person of the child, and other circumstances to be taken into account for the foster family to be able to take care of the child.

59. A foster family and a specialised foster family for a child with severe functional disorders has a duty, within 10 days after receipt of the information, to personally become acquainted with the child and take a decision to take the child under their care and supervision.

60. Upon placing a child into a foster family or a specialised foster family for a child with severe functional disorders, an Orphan's and Custody Court shall issue:

60.1. the birth certificate of the child;

60.2. the information at its disposal regarding the health condition of the child and the family doctor (if any);

60.3. a list of the personal property of the child (if any).

61. Upon concluding that a child must be immediately separated from the family, guardian, foster family, or specialised foster family, an Orphan's and Custody Court or the police shall contact the nearest support centre regarding the available crisis foster families which are able to take in the child.

62. An Orphan's and Custody Court or the police shall inform the crisis foster family and the support centre regarding the circumstances in which the child was in, and provide other important information to be taken into account for the crisis foster family to be able to start taking care of the child. The Orphan's and Custody Court shall, within five working days after placing of the child, provide the information referred to in Paragraph 58 of this Regulation to the crisis foster family and the support centre, and to the crisis foster family - the documents referred to in Paragraph 60 of this Regulation.

63. An Orphan's and Custody Court shall arrange a file regarding each child transferred to a foster family or a specialised foster family. If brothers (half-brothers) and sisters (half-sisters) are transferred to a foster family or a specialised foster family, one file shall be arranged regarding the children.

64. Stay of a child in a foster family or a specialised foster family before the time period specified in the contract with the local government shall be terminated:

64.1. according to an agreement of the Orphan's and Custody Court and the foster family or specialised foster family;

64.2. by the local government unilaterally withdrawing from the contract, if an Orphan's and Custody Court has taken a decision to terminate the stay of the child in the foster family or specialised foster family due to the following reasons:

64.2.1. the return of the child to his or her family;

64.2.2. the adoption of the child;

64.2.3. the appointment of a guardian for the child;

64.2.4. the development of a conflict situation between the child and the foster family or specialised foster family;

64.2.5. the inability of the foster family or specialised foster family to fulfil the duties;

64.2.6. the removal and termination of the status of a foster family or specialised foster family.

65. If the stay of a child in a foster family or a specialised foster family is terminated prior to the time period specified in the contract with the local government, an Orphan's and Custody Court shall, without delay, enter such information in the Information System of Foster Families and inform the Orphan's and Custody Court of the declared place of residence of the foster family and the support centre thereof.

V. Legal Relationship and Mutual Personal and Property Relationship of a Child and a Foster Family or a Specialised Foster Family

66. The length of stay for each child in a foster family or a specialised foster family according to that decided by an Orphan's and Custody Court, as well as the mutual rights and duties of a foster family and specialised foster family and the local government shall be determined in the contract entered into by and between the local government and the foster family or specialised foster family.

67. A foster family or a specialised foster family has a duty to ensure a child with living conditions and care (health care, upbringing, and education) appropriate to his or her age and health condition.

68. A foster family and a specialised foster family has a duty to observe the psycho-physiological development of each child placed into the foster family. The foster family or specialised foster family shall submit a report on the psycho-physiological development of the child (Annex 6) to the Orphan's and Custody Court within five working days after the child being taken into the foster family, and subsequently every six months, as well as within five working days after the end of the stay in the foster family or specialised foster family. If necessary, the Orphan's and Custody Court may request the abovementioned report more frequently.

69. A foster family or a specialised foster family has a duty, upon request of the Orphan's and Custody Court and the support centre, to provide information regarding the communication of the child and the parents, the mental and financial support of the parents in the upbringing of the child during the period of out-of-family care.

70. A foster family and a specialised foster family have a duty to notify the support centre without delay if:

70.1. a child has been taken away by his or her parents or kin without the consent of the Orphan's and Custody Court;

70.2. a child has suffered in an accident;

70.3. the health of a child has rapidly deteriorated;

70.4. a child has committed a criminal offence;

70.5. a child has run away;

70.6. a conflict situation has developed between the child and the foster family or specialised foster family;

70.7. a child has died;

70.8. other information has come into the disposal thereof which may significantly affect the further care of the child.

71. An Orphan's and Custody Court shall inform foster families and specialised foster families regarding the issues which are related to the education of the child, regarding the access procedures with parents, brothers (half-brothers), sisters (half-sisters), and other kin of the child or close persons to the child, as well as regarding other essential issues affecting the interests of the child. In all cases the Orphan's and Custody Court shall find out the opinion of the child, if the child is able to formulate it, taking into account his or her age and level of maturity.

72. If a conflict situation has developed with a foster family or a specialised foster family, a child is entitled to turn to the Orphan's and Custody Court.

73. If the term of stay of a child in a foster family or a specialised foster family specified in the contract with the local government has expired or it has been discontinued in accordance with Paragraph 64 of this Regulation, the clothing, footwear, toys, teaching aids purchased for local government resources, as well as the personal belongings that a child has taken with him or her from the family shall remain in his or her use.

74. The Orphan's and Custody Court which has taken the decision to place a child into a foster family or specialised foster family or, if it is provided for by the co-operation contract specified in Paragraph 4 of this Regulation, the Orphan's and Custody Court of the declared place of residence of the foster family shall defend the personal and property interests of the child transferred to a foster family in relationship with their parents and other persons in accordance with Sections 18 and 21 of the Law on Orphan's and Custody Courts.

75. Upon evaluating the interests of the child and the skills and knowledge of a foster family or specialised foster family, an Orphan's and Custody Court may assign the foster family or specialised foster family to represent the individual personal and property interests and rights of the child. This authorisation does not exempt the Orphan's and Custody Court from specific responsibility for defending the interests and rights of the child.

VI. Procedures for the Financing of a Foster Family

76. A foster family shall receive remuneration for the fulfilment of the duties of a foster family and an allowance for maintaining a child, as well as an allowance for the purchase of clothing and soft furnishing (for example, bed linen, blanket, pillow, mattress).

77. A foster family depending on the number of children placed into the foster family shall receive remuneration for the fulfilment of the duties of a foster family in the following amount:

77.1. if a child is placed into a foster family for a period of time that is longer than one month - from the funds of the State basic budget in the amount stipulated by the Cabinet in accordance with the Law on State Social Allowances;

77.2. if a child is placed into a foster family for a period of time that is shorter than one month, the amount of the remuneration for the fulfilment of the duties of a foster family shall be determined proportionate to the number of days, taking as a basis the amount of remuneration per month referred to in Sub-paragraph 77.1 of this Regulation. The remuneration for the fulfilment of the duties of a foster family shall be granted from the budget resources of such local government which has entered into a contract with the foster family.

78. An allowance for maintaining a child and an allowance for the purchase of clothing and soft furnishing shall be disbursed to a foster family from the budget resources of such local government which has entered into a contract with the foster family. The local government shall determine:

78.1. the amount of the allowance for maintaining a child, taking into account that it may not be less than double minimum amount of maintenance for a child stipulated by the Cabinet;

78.2. the amount of the allowance for the purchase of clothing and soft furnishing, as well as the procedures for disbursement thereof according to the needs of a child. Instead of the abovementioned allowance the local government may issue clothing, footwear, and other items necessary for a child.

79. The basis for the granting of the remuneration for the fulfilment of the duties of a foster family and the relevant allowances shall be the contract between the local government and the foster family on the placement of a child into a foster family.

80. On the basis of the true copy of the decision of the Orphan's and Custody Court submitted by a foster family on placement of a child into a foster family, the local government shall determine and indicate in the contract the following conditions related to the disbursement of remuneration and allowances:

80.1. if a child is transferred to a foster family for a period of time that is longer than one month - the amount of the allowance for maintaining a child per month;

80.2. if a child is placed into a foster family for a period of time that is shorter than one month - the amount of remuneration in accordance with Sub-paragraph 77.2 of this Regulation and the amount of allowance for maintaining a child proportionate to the number of days, taking as a basis the minimum amount of allowance;

80.3. the amount of the allowance for the purchase of clothing and soft furnishing.

81. If a child is placed into a foster family for a period of time that is shorter than one month, the local government that has entered into a contract with a foster family on the placement of a child into a foster family shall arrange a file regarding the disbursement of an allowance for maintaining a child, regarding the disbursement of an allowance for the purchase of clothing and soft furnishing, and regarding the disbursement of a remuneration to a foster family.

82. The remuneration for the fulfilment of the duties of a foster family and the relevant allowances shall be granted and calculated starting from the day when a child is placed into a foster family.

83. The remuneration for the fulfilment of the duties of a foster family and the relevant allowances shall be disbursed to the member of a foster family who has entered into a contract with the local government on the placing of a child into a foster family:

83.1. by the local government which has taken a decision to place the child into the foster family - remuneration for the fulfilment of the duties of a foster family for a period of time that is shorter than one month;

83.2. by the local government which has taken a decision to place the child into the foster family - an allowance for maintaining a child and an allowance for the purchase of clothing and soft furnishing;

83.3. by the State Social Insurance Agency, in transferring money to the account of a credit institution or postal account system of the requester of remuneration - remuneration for the fulfilment of the duties of a foster family for a period of time that is longer than one month.

84. The disbursement of the remuneration for the fulfilment of the duties of a foster family and of the allowance shall be discontinued if the term specified in the contract with the local government has expired or the stay of a child in a foster family is terminated before the term specified in the contract with the local government in accordance with Paragraph 64 of this Regulation.

85. A local government which has entered into a contract with a foster family on the placement of a child into a foster family is entitled to request that the foster family provides a report on the utilisation of the resources granted by the local government.

VII. Procedures for Financing a Specialised Foster Family

86. A specialised foster family shall receive:

86.1. the remuneration for the fulfilment of the duties of a specialised foster family;

86.2. the allowance referred to in Sub-paragraph 78.1 of this Regulation for maintaining a child;

86.3. the allowance referred to in Sub-paragraph 78.2 of this Regulation for the purchase of clothing and soft furnishing (for example, bed linen, blanket, pillow, mattress);

86.4. one-time compensation for the expenditure of arranging a dwelling in the amount of not more than 500 euros.

87. A specialised foster family regardless of the number of children placed into the foster family shall receive remuneration for the fulfilment of the duties of a specialised foster family in the following amount:

87.1. a crisis foster family, applying the formula:

Fk = (A × 12 months/365 days × D) + (A × 12 months/365days × Dk) + SSIMC where

Fk - the amount of remuneration;

A - the amount of remuneration 430 euros per month;

D - the number of days in accordance with Paragraph 91 of this Regulation;

Dk - the number of days when the child (children) is (are) placed in the crisis foster family;

SSIMC - State social insurance mandatory contributions of the employer, if such are made;

87.2. a foster family for a child with severe functional disorders, applying the formula:

Fa = (A × 2 × 12 months/365 days × Da) + SSIMC where

Fa - the amount of remuneration;

A - the amount of remuneration 430 euros per month;

Da - the number of days when the child has been placed into a foster family for a child with severe functional disorders;

SSIMC - State social insurance mandatory contributions of the employer, if such are made.

88. The remuneration for the fulfilment of the duties of a specialised foster family and the one-time compensation of expenditure for arranging a dwelling shall be granted and disbursed to the specialised foster families by such support centre with which the specialised foster family has entered into a contract on the disbursement of the remuneration for the fulfilment of the duties of a specialised foster family and the disbursement of the one-time compensation for arranging a dwelling.

89. The support centre shall disburse the remuneration for the fulfilment of the duties of a specialised foster family for the previous month, however, not later than until the twentieth date of the following month to the specialised foster family on the basis of the contract referred to in Paragraph 88 of this Regulation.

90. The support centre shall disburse the one-time compensation of expenditure for arranging a dwelling to the specialised foster family within 30 days after entering into the contract referred to in Paragraph 88 of this Regulation.

91. The remuneration for the fulfilment of the duties of a specialised foster family shall be granted and disbursed to a crisis foster family from the day when a child has been placed into a crisis foster family by a decision of an Orphan's and Custody Court to place a child into a crisis foster family or by a decision of the police to separate a child from a family. The crisis foster family shall continue receipt of such remuneration for three subsequent calendar months after the calendar month when the stay of the child in the foster family has been terminated, except for the case if its status of a crisis foster family is being removed.

92. The remuneration for the fulfilment of the duties of a specialised foster family shall be granted and disbursed to a foster family for a child with severe functional disorders from the day when an Orphan's and Custody Court has taken a decision to place a child into a specialised foster family until the moment when the stay of the child in the specialised foster family is terminated.

93. An allowance for maintaining a child and an allowance for the purchase of clothing and soft furnishing shall be disbursed to a specialised foster family from the budget resources of such local government which has entered into a contract with the specialised foster family. The basis for granting of the relevant allowances shall be the contract between the local government and the specialised foster family on the placement of a child into a foster family.

94. The disbursement of the allowance shall be discontinued if the term specified in the contract with the local government on the placement of a child into a specialised foster family has expired or the stay of a child in a foster family is terminated before the term specified in the contract in accordance with Paragraph 64 of this Regulation.

95. The local government which has entered into a contract with a specialised foster family on the placement of a child into a specialised foster family is entitled to request that the specialised foster family provide a report on the use of the resources referred to in Sub-paragraphs 86.2 and 86.3 of this Regulation.

96. The support centre which has entered into a contract with a specialised foster family on the disbursement of the remuneration for the fulfilment of the duties of a specialised foster family and the disbursement of the one-time compensation for arranging a dwelling is entitled to request that the specialised foster family provide a report on the resources used for arranging the dwelling prior to disbursement of the compensation referred to in Sub-paragraph 86.4 of this Regulation.

97. Disbursement of the remuneration, allowances, and compensation referred to in Paragraph 86 of this Regulation to specialised foster families shall be discontinued from the day when a decision of an Orphan's and Custody Court to remove or terminate the status of a specialised foster family is taken.

VIII. Closing Provisions

98. Cabinet Regulation No. 1036 of 19 December 2006, Regulations for Foster Families (Latvijas Vēstnesis, 2006, No. 207; 2009, Nos. 103, 206; 2010, No. 40; 2011, No. 205; 2013, No. 173; 2015, No. 108; 2018, No. 13), is repealed.

99. Until establishment of support centres, but not longer than until 1 January 2019, the State Inspectorate for the Protection of Children's Rights shall ensure psychological assistance, informative and methodological support to foster families, as well as training for foster families and specialised foster families.

100. Until establishment of support centres, but not longer than until 1 January 2019, an Orphan's and Custody Court may place a child into a foster family or specialised foster family, if the agreement referred to in Sub-paragraph 50.3 of this Regulation has not been entered into, and into a specialised foster family - the contract referred to in Sub-paragraph 50.4 of this Regulation.

101. Until establishment of the Information System of Foster Families the information referred to in Paragraphs 24, 26, 39, 43, 44, and 65 of this Regulation shall be sent to the State Inspectorate for the Protection of Children's Rights.

102. The requirement referred to in Paragraph 36 of this Regulation shall not be applied to a foster family which within the last 12 months prior to coming into force of this Regulation has successfully acquired knowledge in accordance with the content of the training programme referred to in Annex 4 to this Regulation in the relevant specialisation.

103. In order to partially compensate the costs of local governments for the increase of the allowance referred to in Sub-paragraph 78.1 of this Regulation in double amount of the minimum maintenance funds stipulated by the Cabinet to a child, the State shall ensure an earmarked subsidy for covering the expenditure.

104. The earmarked subsidy referred to in Sub-paragraph 78.1 of this Regulation shall be calculated, using the following formula:

F = A × P × 2 × 12 months/365 days/2 × D × 50 % where

F - the amount of the earmarked subsidy;

A - the minimum monthly salary specified in the State;

P - the percentage rate which has been specified in Cabinet Regulation regarding the minimum amount of maintenance for a child depending on the age of the child;

D - the number of days per month when the child was placed in a foster family.

105. In order to receive the earmarked subsidy referred to in Sub-paragraph 78.1 of this Regulation, the local government shall, until the tenth date of the month following the reporting month, using the Information System of the Treasury "Information System of Budget Reports of Ministries, Central State Institutions and Local Governments", submit a report on the use of the earmarked subsidy to a foster family for increasing the maintenance of a child (Annex 7). The local government shall indicate an account in the Treasury or a credit institution for the receipt of the earmarked subsidy and making of expenditure.

106. The Ministry of Welfare:

106.1. after approval of the report referred to in Paragraph 105 of this Regulation shall, within 10 working days, make the payment of the earmarked subsidy to the local government;

106.2. is entitled to conduct random control of the use of the earmarked subsidy, requesting additional information from the local government.

107. If the Ministry of Welfare detects errors in the documents referred to in Paragraph 105 of this Regulation or violations in the disbursement of the allowance provided for maintaining a child, the Ministry of Welfare shall discontinue the disbursement of the earmarked subsidy until making of corrections or elimination of violations. After making of corrections and elimination of violations, the Ministry of Welfare shall perform a recalculation and make payments for the previous period. The unjustly disbursed resources shall be deducted from the resources provided for the local government in the following month.

108. If the Ministry of Welfare or the local government detects overpayment of the financial resources for the previous periods, the local government shall indicate the accounting errors, inaccuracies of the previous periods and the impact of the change in the accounting procedures as corrections of the revenue and expenditure of the reporting period. The Ministry of Welfare shall perform recalculation and shall deduct the unjustly disbursed resources from the resources provided for the local government in the following months.

109. This Regulation shall come into force on 1 July 2018.

Prime Minister Māris Kučinskis

Acting for the Minister for Welfare,
Minister for Education and Science Kārlis Šadurskis

 

Annex 1
Cabinet Regulation No. 354
26 June 2018

Submission for the Recognition of the Spouses (Person) as Suitable for the Fulfilment of the Duties of a Foster Family

We (I) request that we (I) are (am) recognised as suitable for the fulfilment of the duties of a foster family. We (I) provide the following information about ourselves (myself):

1. Given name, surname
1.1. year and date of birth
1.2. personal identification number             -          
1.3. citizenship
1.4. marital status
1.5. passport/identity card
  (series, number, place and date of issue)
1.6. education
1.7. occupation

2. Given name, surname
2.1. year and date of birth
2.2. personal identification number             -          
2.3. citizenship
2.4. marital status
2.5. passport/identity card
  (series, number, place and date of issue)
2.6. education
2.7. occupation

3. Declared and actual place of residence of the family

4. Children in the family
  (given name, surname, year and date of birth)
  (given name, surname, year and date of birth)

5. Other persons that live with the family
  (given name, surname, year and date of birth)
  (given name, surname, year and date of birth)

6. Total living space

7. Annual income of the family

8. Conformity with the requirements referred to in Paragraphs 12, 13, and 14 of Cabinet Regulation No. 354 of 26 June 2018, Regulations for Foster Families.

I confirm with a signature and agree that my personal data, in conformity with the Personal Data Protection Law and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, will be processed and used only for the recognition of the spouses (person) as suitable for the fulfilment of the duties of a foster family.

(date)   (signature)  
(date)   (signature)  

Note. The details of the document "date" and "signature" shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding drawing up of electronic documents.

Acting for the Minister for Welfare,
Minister for Education and Science Kārlis Šadurskis

 

Annex 2
Cabinet Regulation No. 354
26 June 2018

Requirements for the Content of Training Programmes for Foster Families (Criteria for the Development of Training Programmes)

Annex prescribes the requirements for the training programmes developed by out-of-family care support centres and provided for the potential foster families (Sub-paragraph 12.2 of Cabinet Regulation No. 355 of 26 June 2018, Regulations regarding the Out-of-family Care Support Centre), as well as the quality assessment requirements of a training programme and the qualification requirements for implementers - lecturers - of a training programme. Out-of-family care support centres shall conform to these requirements upon developing a training programme. Out-of-family care support centres are entitled to determine the duration of each study topic, their division and order, the methods to be used, including applying the modular study system.

1. Objective of the training programme - to provide professional knowledge and skills which are necessary to potential foster parents for efficient fulfilment of the child care and upbringing duties.

2. Tasks of the training programme - the training programme is considered to be an independent professional development process which includes monitoring and professional training in a training group, linking it to practical activities. The training programme is oriented towards the development of competences: child care and protection; satisfaction of the child development needs and prevention of delayed development; influence and supporting of emotional bonds of importance to the child; establishment of safe and supporting lifelong relationship; co-operation and work in a professional team; separation.

3. Duration of the training programme - at least 50 academic hours (theoretical and practical lessons) and at least 16 academic hours (practice - experience with children in out-of-family care, for example, voluntary work in a child care institution, crisis centre, day centre, children camps etc. under guidance of a coach). The practice part is organised for each family or person individually. If the potential foster family has previous experience in out-of-family care and upbringing of children (guardianship, adoption, guest family, voluntary or professional work in a child care institution, crisis centre), the practice part of the training programme in the amount of 16 hours is not necessary.

4. Form of the training programme - full-time, active participation in the process of the group work. Lessons are led by a lecturer in co-operation with a mentor - a person who has experience in out-of-family care and upbringing of children, or with a specialist in work with such families.

5. Methods of the training programme - lectures, showing of video materials training movies, work in groups, work in pairs, role plays, playing out of social situations, discussions, reflections.

6. Evaluation of the training programme learning quality - trainees who have completed the training programme and acquired the necessary level of knowledge and skills shall take the final examination which includes multilevel assessment:

6.1. self-assessment;

6.2. feedback from the experts (lecturer and trainer);

6.3. feedback from the group;

6.4. assessment of theoretical and practical knowledge - knowledge test and analysis of the social situation;

6.5. at least 90 % attendance/participation in the group process.

The certificate on acquisition of the training programme (certificate) shall be received by a person who has acquired at least 7 grade points (in the 10 point grading scale) in the assessment of the theoretical and practical knowledge and a positive result in other items of the final examination.

7. Document certifying successful completion of the training programme - the certificate.

8. Training programme

Content of the training programme based on competences Result of the training programme Qualification requirements for the lecturer
1. Child care and protection:

1.1. arrival of the child into the family, house environment, safety;

1.2. safety hazards and educating of the child regarding them;

1.3. health care and health promotion, disease prevention, hygiene, and subsistence;

1.4. risks, factors, and signs of physical, emotional, sexual violence and abandonment

Understanding of the basic physical and emotional needs of the child. The ability to provide care and supervision corresponding to the needs of the child Second level professional higher or academic education in pedagogy, social work, or caritative social work, or master's degree in psychology
2. Satisfying development needs of the child and prevention of delayed development:

2.1. growing and development stages of the child, needs, specific nature of age groups according to the fields of development;

2.2. positive disciplining of the child;

2.3. impact of a traumatic experience (including divorce, loss, violence, and abandonment) on the development, behaviour, and attachment of the child;

2.4. strategies and methods for overcoming a traumatic experience;

2.5. reasons and solutions for delayed development;

2.6. development of self-care skills of the child;

2.7. identity, course of life, culture, and experience of the child;

2.8. attachment: role of attachment, formation, problematic aspects of the attachment development;

2.9. loss, grieving, challenges, reactions, and needs related thereto

Understanding of the child development needs, the ability to observe and recognise signs of delayed development. The ability to understand the suffered traumas and their impact on the development and behaviour of the child. The ability to react accordingly to the needs of the child and to fulfil them. The ability to form a bond with the child and to provide sense of security Second level higher vocational or academic education in pedagogy, social work, or caritative social work, or master's degree in psychology
3. Impact of emotional bonds of significance to the child and support thereto:

3.1. attitude of respect towards the family of origin of the child and other persons to whom the child is attached;

3.2. supporting and continuation of relationship of significance to the child;

3.3. ensuring communication between the child and his or her family of origin, reactions of the child related thereto;

3.4. importance of the family, importance of the mutual bond between sisters and brothers

Understanding of the impact of bonds of significance to the child. The ability to strengthen the bonds of the child and to promote maintaining of relationship with the family of origin of the child and other persons of significance to the child Second level higher vocational or academic education in pedagogy, social work, or caritative social work, or master's degree in psychology
4. Establishment of safe and supporting lifelong relationship:

4.1. significance, planning of long-term and continuous relationship;

4.2. family reunification as the primary objective of the welfare of the child;

4.3. transitional process in case of changing the family;

4.4. preparation for an independent life

Understanding of the importance of safe attachment and impact thereof on the development of the child The ability to create safe family environment for the child and the ability to establish supportive lifelong relationship Second level higher vocational or academic education in pedagogy, social work, or caritative social work, or master's degree in psychology
5. Co-operation and work in a professional team:

5.1. legal regulation, laws and regulations for the protection of the children's rights;

5.2. services and authorisations of the organisations of the protection of children's rights;

5.3. operation and services of support centres;

5.4. the rights and duties of a foster family;

5.5. principles of ethics and communication in inter-professional co-operation;

5.6. co-operation, participation in professional interest groups;

5.7. being aware, satisfaction of one's strong points and needs;

5.8. definition of a professional team and the necessary skills, guidelines of team work, significance in ensuring the needs of the child;

5.9. basic principles for child care planning

Understanding of the principles of team work. The ability to work in a team and to co-operate with specialists, organisations in ensuring welfare of the child Second level higher vocational or academic education in pedagogy, social work or caritative social work, in law, and experience in the field of the protection of the children's rights
6. Separation:

6.1. crisis and loss, grieving as a process;

6.2. management of crises;

6.3. preparation of the child for adoption or return to the biological family;

6.4. interinstitutional co-operation, analysis of competences

Understanding of the transition process and the ability to prepare the child for transition into another form of care. The ability to ensure the psychological balance of the child and to respect his or her needs in the transition period. The ability to manage one's own emotions and to form a positive bond with the family of the child Second level higher vocational or academic education in pedagogy, social work, or caritative social work, or master's degree in psychology

Acting for the Minister for Welfare,
Minister for Education and Science Kārlis Šadurskis

 

Annex 3
Cabinet Regulation No. 354
26 June 2018

Submission for the Recognition of the Spouses (Person) as Suitable for the Fulfilment of the Duties of a Specialised Foster Family in the Selected Specialisation

We (I) wish that we (I) are (am) recognised as suitable for the fulfilment of the duties of a specialised foster family in the selected specialisation:

crisis foster family;

foster family for a child with a disability who has been issued an opinion on the necessity of special care due to severe functional disorders.

We (I) provide the following information about ourselves (myself):

1. Given name, surname
1.1. year and date of birth
1.2. personal identification number             -          
1.3. citizenship
1.4. marital status
1.5. passport/identity card
  (series, number, place and date of issue)
1.6. education
1.7. occupation

2. Given name, surname
2.1. year and date of birth
2.2. personal identification number             -          
2.3. citizenship
2.4. marital status
2.5. passport/identity card
  (series, number, place and date of issue)
2.6. education
2.7. occupation

3. Declared and actual place of residence of the family

4. Children in the family
  (given name, surname, year and date of birth)
  (given name, surname, year and date of birth)

5. Other persons that live with the family
  (given name, surname, year and date of birth)
  (given name, surname, year and date of birth)

6. Conformity with the requirements referred to in Sub-paragraph 9.1 or 9.2 of Cabinet Regulation No. 354 of 26 June 2018, Regulations for Foster Families

I confirm with a signature and agree that my personal data, in conformity with the Personal Data Protection Law and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, will be processed and used only for the recognition of the spouses (person) as suitable for the fulfilment of the duties of a specialised foster family in the relevant specialisation.

(date)   (signature)  
(date)   (signature)  

Note. The details of the document "date" and "signature" shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding drawing up of electronic documents.

Acting for the Minister for Welfare,
Minister for Education and Science Kārlis Šadurskis

 

Annex 4
Cabinet Regulation No. 354
26 June 2018

Requirements for the Content of Training Programmes for Specialised Foster Families (Criteria for the Development of Training Programmes)

Annex prescribes the requirements for the training programmes developed by out-of-family care support centres and provided for the specialised foster families (Sub-paragraph 12.2 of Cabinet Regulation No. 355 of 26 June 2018, Regulations of the Out-of-family Care Support Centre), as well as the quality assessment requirements of a training programme and the qualification requirements for implementers - lecturers - of a training programme. Out-of-family care support centres shall conform to these requirements upon developing a training programme. Out-of-family care support centres are entitled to determine the duration of each study topic, their division and order, the methods to be used, including applying the modular study system.

1. Objective of the study programme - to provide professional knowledge and skills which are necessary to foster parents for efficient fulfilment of the child care and upbringing duties in the relevant specialisation.

2. Tasks of the training programme - the training programme is considered to be an independent professional development process which includes monitoring and professional training in a training group, linking it to practical activities. The training programme oriented towards the development of competences:

2.1. for crisis foster families - arranging of the environment according to work with a child in a crisis situation, the crisis situations in which the placement of the child into a foster family may take place, safety of the child in the foster family, separation;

2.2. for foster families for a child with severe functional disorders - severe functional disorders, communication, specific nature of communication and behaviour, adapting of the environment according to the special needs of the child, ensuring of care and development needs for the child with functional disorders.

3. Duration of the training programme - at least 24 academic hours (theoretical and practical lessons).

4. Form of the training programme - full-time, active participation in the process of the group work. The lessons are led by a lecturer in co-operation with a mentor - a family or a person with experience in taking in of children in out-of-family care in a crisis situation and taking in of children with severe functional disorders in care and upbringing, or a specialist in work with such children.

5. Methods of the training programme - lectures, video materials, or showing of training movies, work in groups, work in pairs, role plays, playing out of social situations, discussions, reflections.

6. Evaluation of the training programme learning quality - trainees who have completed the training programme and acquired the necessary level of knowledge and skills shall take the final examination which includes multilevel assessment:

6.1. self-assessment;

6.2. feedback from the experts (lecturer);

6.3. feedback from the group;

6.4. assessment of theoretical and practical knowledge - knowledge test and analysis of the social situation;

6.5. at least 90 % attendance/participation in the group process.

The certificate on acquisition of the training programme (certificate) shall be received by a person who has acquired at least 7 grade points (in the 10 point grading scale) in the assessment of the theoretical and practical knowledge and a positive result in other items of the final examination.

7. Document certifying successful completion of the training programme - the certificate.

8. Training programme

Table 1

Content of the training programme based on competences for crisis foster families Result of the training programme Qualification requirements for the lecturer
1. Arranging of the environment according to work with the child in a crisis situation:

1.1. preparation of the family for changes;

1.2. flexible response to the needs of the child

Understanding of the basic physical and emotional needs of the child in a crisis situation. The skill to prepare the environment for taking in the child and to ensure care and supervision suitable for the needs of the child in a crisis situation Second level higher vocational or academic education in pedagogy, social work, or caritative social work, or master's degree in psychology
2. Crisis situations in which the placement of a child into a foster family may take place:

2.1. taking in of the child and listing of the activities to be carried out first after placement of the child into the foster family;

2.2. the child in a crisis situation at different age groups. Stages of a crisis. Biological family of the child;

2.3. support measures for the child according to the age group of the child.

In-depth understanding of the myths and stereotypes regarding domestic violence, its spread, levels of the violence system. The ability to recognise the signs of stress and anxiety, stages of a crisis, and the ability to respond sensitively to the action of the child. Understanding of situations which are experienced by the child upon arrival into a foster family, and of the tasks of the foster family upon providing support to a child in crisis Second level higher vocational or academic education in pedagogy, social work, or caritative social work, or master's degree in psychology
3. Safety of the child in a foster family:

3.1. behaviour of the child, attachment disorders, and potential consequences;

3.2. trauma and traumatic experience; its impact on the child;

3.3. methods of crisis intervention. Methods of promoting safe attachment;

3.4. role of interinstitutional and inter-professional co-operation in crisis situations. Co-operation with specialists

Understanding of the impact of the suffered traumas on the development and behaviour of the child, significance of attachment. The ability to react accordingly to the needs of the child and to fulfil them. The ability to provide a sense of security and to form a bond with the child Second level higher vocational or academic education in pedagogy, social work, or caritative social work, or master's degree in psychology
4. Separation:

4.1. crisis and loss, management of crises;

4.2. preparation of the child for transition to a permanent family environment;

4.3. separation process, tasks of the foster family;

4.4. interinstitutional co-operation

Understanding of the transition process and the ability to prepare the child for transition into another form of care. The ability to ensure the psychological balance of the child and to respect his or her needs in the transition period. The ability to manage one's own emotions and to form a positive bond with the future family of the child Second level higher vocational or academic education in pedagogy, social work, or caritative social work, or master's degree in psychology

Table 2

Content of the training programme according to the competences for specialised foster families for a child with severe functional disorders Result of the training programme Qualification requirements for the lecturer
1. Severe functional disorders:

1.1. difference between functional disorders, mental development disorders, psychic illnesses, and neurotic disorders

Understanding of the types and forms, levels of functional disorders. The ability to accept the special needs of the child and the skill to respond to them adequately Second level higher vocational or academic education in medicine or master's degree in psychology
2. Communication, specific nature of communication and behaviour:

2.1. special features in the field of contact, communication, and sensory perception for children with functional disorders;

2.2. communication and adjustment of behaviour;

2.3. the principles of forming attachment

Understanding of the special features of contact and communication of a child with special needs. The skill to select an adequate type of verbal and non-verbal communication and to adjust behaviour in order to form attachment and sense of security for the child Second level higher vocational or academic education in medicine, pedagogy, social work, or caritative social work, or master's degree in psychology
3. Adjustment of the environment according to the special needs of the child The ability to understand the impact of the environment on the development needs of the child and to ensure its availability Second level higher vocational or academic education in medicine, social work, or caritative social work, or master's degree in psychology
4. Ensuring of care and development needs to children with functional disorders:

4.1. specific nature of care for a child with severe functional disorders;

4.2. role of interinstitutional and inter-professional co-operation;

4.3. emotional burnout, receipt of psychosocial support

Understanding of the consequences, specific nature of functional disorders of the child and necessity to promote the development of social skills of the child. The ability to organise adequate care for the child, attracting the necessary services. Understanding of and being informed regarding services and the possibilities of receiving support. The skill to accept and request assistance for ensuring the care needs of the child. Understanding regarding the necessity to receive psychosocial support upon raising a child with severe functional disorders Second level higher vocational or academic education in medicine, pedagogy, social work, or caritative social work, or master's degree in psychology

Acting for the Minister for Welfare,
Minister for Education and Science Kārlis Šadurskis

 

Annex 5
Cabinet Regulation No. 354
26 June 2018

Contract on the Placement of the Child into a Foster Family or a Specialised Foster Family
No. _________

(place of entering into the contract)   (date)

(name of the local government)

in the person of of the one part,
  (position, given name and surname of the official)  

and foster family in the person of
  (given name, surname and personal identity number of a member of the foster family)

of the other part, based on the decision of the Orphan's and Custody Court of
  (date of the decision)
No. ______ on the placement of a child into a foster family and of
  (date of the decision)
No. ______ on the granting of the status of a foster family, shall enter into the following contract:

I. Subject Matter of the Contract

1. The foster family shall, in the time period from _________ to _________, take care of and raise the child

,
(given name, surname and personal identity number of the child)  

for whom it is not possible to stay in his or her family for a period of time or permanently or in whose interests staying with the family is not permissible.

II. Duties and Rights of the Parties

2. The foster family shall undertake to ensure the child with the following:

2.1. suitable living conditions;

2.2. social and health care;

2.3. upbringing and education;

2.4. the opportunity to meet their parents and relatives - in accordance with the instructions of the Orphan's and Custody Court:

(frequency, length, place of meeting, presence of the foster family or Orphan's and Custody Court during meeting)

2.5. protection of personal interests.

3. The local government shall undertake to disburse the following to the foster family:

3.1. remuneration for the fulfilment of the duties of a foster family for a period of time that is shorter than one month, - in the amount of EUR _________;

3.2. an allowance for maintaining a child - in the amount of EUR _________ (per month);

3.3. an allowance for the purchase of clothing and soft furnishing - in the amount of EUR _________ (per month).

4. The local government is entitled to request from a foster family a report on the expenditure of the allowance granted by the local government.

III. Term of Validity of the Contract and Termination of the Contract Prior to Expiry of the Term of Validity

5. The contract shall enter into effect on _________. .
  (date)  

6. Termination of the contract prior to expiry of the term of validity shall take place following the agreement between the parties or by the local government unilaterally withdrawing from the agreement, if the Orphan's and Custody Court has taken a decision to terminate the stay of a child in a foster family.

IV. Other Regulations

7. Disputes that have arisen during the time of implementing the contract shall be heard by a court.

8. All amendments to the contract shall be in effect only in such case if these have been done in writing and approved with the signatures of the parties.

9. The agreement shall be drawn up in two original copies, which shall have equal legal force. Each party shall keep one copy of the agreement.

I confirm with a signature and agree that my personal data, in conformity with the Personal Data Protection Law and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, will be processed and used only for the performance of the activities referred to in the contract.

Local government address
Foster family's address

(signature of the local government official)   (signature, given name, and surname of the member of the foster family)

I am acquainted with the contract
  (signature, given name, and surname of the other member of the foster family)

Acting for the Minister for Welfare,
Minister for Education and Science Kārlis Šadurskis

 

Annex 6
Cabinet Regulation No. 354
26 June 2018

Report on the Psycho-physiological Development of a Child

1. Given name, surname of the child

2. Personal identification number             -          

3. Sex Female Male

4. Age __________________

5. Description of communication:

difficulties in communicating with peers

difficulties in communicating with adults

likes to be a leader

likes to obey other children

prefers to play alone

other

6. Child's development:

corresponds to the chronological age

does not correspond to the chronological age

7. Child's education:

kindergarten attends does not attend
school attends does not attend

8. Child's results:

unsatisfactory satisfactory average good excellent

Additional Information
9. Child's achievements
10. Child's difficulties
11. Child's behaviour
12. Child's health condition
13. Leisure activities
14. Child's interests and skills
15. Identified problems of the child
16. Child's relations with the biological family

17. Frequency of meetings with the biological family:

once a week once a month once in three months once in six months other option

18. ECOCARD

19. Report drawn up regarding the period of time from to

Compiler of the report (foster parent)
  (given name, surname)

Address
Date
Signature  

Note. The details of the document "date" and "signature" shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding drawing up of electronic documents.

Acting for the Minister for Welfare,
Minister for Education and Science Kārlis Šadurskis

 

Annex 7
Cabinet Regulation No. 354
26 June 2018

Prepared in accordance with Cabinet Regulation No. 354 of 26 June 2018, Regulations for Foster Families Form No. 18_UZT
Report on the Use of the Earmarked Subsidy for a Foster Family in Relation to Increase in the Maintenance of the Child

CODES
Name of the local government  
Name of the institution  
Reporting year  
Reporting period (month)  

Name of the indicator/age of the child 0-6 (inclusive) years of age 7-17 (inclusive) years of age In total in the reporting period (with correction)
in the reporting period correction** from the beginning of the year in the reporting period correction** from the beginning of the year  
A 1 2 3 4 5 6 7
Number of children who are in foster families   x x   x x  
Financing disbursed by the local government to foster families for the maintenance of children in full amount              
Number of paid man days*              
Earmarked subsidy for one day   x x   x x x
Amount of the earmarked subsidy to be received              
Amount of the earmarked subsidy to be transferred to the local government in total x x x x x x  

Notes.
1. * The number of days in total for all children who were placed in a foster family in the reporting month and regarding whom the local government is paying maintenance shall be indicated (if the foster family changes, the children on the day of changing the foster family shall be indicated with one family only).
2. ** To be indicated if the information provided in the previous reports is being updated.

I confirm that I have provided true and complete information and I am aware that I may be held liable according to the laws and regulations for provision of false information.

Details of the local government:  
Name of the recipient
Payment institution of the recipient
BIC code of the recipient
Account number of the recipient
Person who prepared the request:
Given name, surname
Position
Phone
E-mail
Head of the local government or his or her authorised person
  (given name, surname)

Note. This document has been prepared and signed electronically in the System of eReports.

Acting for the Minister for Welfare,
Minister for Education and Science Kārlis Šadurskis


Translation © 2019 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 354Adoption: 26.06.2018.Entry into force: 01.07.2018.Publication: Latvijas Vēstnesis, 129, 29.06.2018. OP number: 2018/129.3
Language:
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