The translation of this document is outdated.
Translation validity: 28.03.2017.–31.05.2018.
Amendments not included:
22.11.2017.,
03.05.2018.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
9 March 2000 [shall come
into force from 11 April 2000];
18 May 2000 [shall come into force from 8 June
2000];
15 November 2001 [shall come into force from 18 December
2001];
31 October 2002 [shall come into force from 22 November
2002];
15 May 2003 [shall come into force from 17 June
2003];
20 May 2004 [shall come into force from 27 May
2004];
17 March 2005 [shall come into force from 15 April
2005];
19 October 2006 [shall come into force from 15 November
2006];
8 March 2007 [shall come into force from 10 April
2007];
29 June 2008 [shall come into force from 29 July
2008];
12 June 2009 [shall come into force from 1 July
2009];
15 October 2009 [shall come into force from 18 November
2009];
26 November 2009 [shall come into force from 1 January
2010];
4 March 2010 [shall come into force from 7 April
2010];
16 December 2010 [shall come into force from 1 January
2011];
1 July 2011 [shall come into force from 3 August
2011];
4 August 2011 [shall come into force from 1 October
2011];
30 May 2013 [shall come into force from 4 July
2013];
27 February 2014 [shall come into force from 31 March
2014];
6 March 2014 [shall come into force from 8 April
2014];
26 November 2015 [shall come into force from 29 December
2015];
23 November 2016 [shall come into force from 1 January
2017];
2 March 2017 [shall come into force from 28 March
2017].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following Law:
Law on the
Protection of the Children's Rights
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) orphan - a child, whose parents have died or have
been declared dead in accordance with the procedures laid down in
law;
2) a child left without parental care - a child, whose
parents are not known, are missing, or due to a long-term illness
are not able to exercise protection or whose parents have had the
custody rights discontinued or removed;
3) foster family - a family or a person, who ensures
care for a child who has been temporarily or permanently removed
from his or her family environment or in whose interests
remaining in his or her family is not permitted until the moment
when the child may return to his or her family or, if that is not
possible, is adopted, guardianship has been established or the
child has been placed in a child care institution;
4) support family - a family that provides support in
the care of a child to another family on the basis of an
evaluation performed by the local government social service
office regarding the necessity for support;
5) trusted person - a person who provides support to a
child in a family, on the basis of an evaluation conducted by the
local government social service office regarding the necessity of
the support;
6) accommodation - heated living quarters (dwelling) in
habitable condition, which conforms to the requirements of
construction and sanitary norms;
7) out-of-family care - care, which is ensured with a
guardian, foster family, child care institution for orphans and
children who have been left without parental care;
8) child care institution - an institution in which
social care and social rehabilitation for orphans and children
left without parental care, as well as children for whom social
rehabilitation is necessary or special care due to their state of
health, is ensured;
9) shelter - a child care institution that ensures
short-term out-of-family care for children;
91) abuse - physical or emotional cruelty of
any kind, sexual abuse, negligence or another treatment which
endangers or may endanger the health, life, development or
self-respect of a child;
10) sexual abuse - the involving of a child in sexual
activities that the child does not understand or to which the
child cannot knowingly give consent;
11) physical abuse - the application knowingly of such
force as threatens the health or life of a child in connection
with the child or intentional exposing of the child to harmful
factors, including tobacco smoke;
12) emotional abuse - the infringement of the
self-respect of a child or psychological coercion (threatening
him or her, swearing, humiliating him or her, abusing a relative
of the child in his or her presence or otherwise harming the
emotional development thereof);
13) parental neglect - failing to fulfil the duty of
care and supervision of a child;
14) street children - children who have insufficient
connection with family and who spend the greater part of their
time on the streets or in other circumstances inappropriate for
the development of a child;
15) guest family - spouses or a person who temporarily
admit a child placed in a child care institution at their place
of residence, or have connection with a child in a child care
institution he or she is placed;
16) large family - a family, which cares for three or
more children, including children placed in a foster family and
children under guardianship. An adult person who has not reached
24 years of age shall be also deemed to be a child of a large
family if he or she is studying to acquire general, professional
or higher education;
17) child supervision service - a qualified supervision
and care service, the purpose of which is to ensure that an adult
is present with the child and to ensure safe, informative and
useful spending of time for a child, contributing to his or her
comprehensive development.
[17 March 2005; 29 June 2008; 15 October 2009; 30 May 2013;
26 November 2015 / The new wording of Clause 16 shall come into
force on 1 January 2016. See Paragraphs 30 and 31 of
Transitional Provisions]
Section 2. Purpose of this Law
(1) The purpose of this Law is to set out the rights and
freedoms of a child and the protection therefor, taking into
account that a child as a physically and mentally immature person
has the need for special protection and care.
(2) This Law also regulates the criteria by which the
behaviour of a child shall be controlled and the liability of a
child shall be determined, regulates the rights, obligations and
liabilities of parents and other natural persons and legal
persons and the State and local governments in regard to ensuring
the rights of the child, and determines the system for the
protection of the rights of the child and the legal principles
regarding its operation.
(3) Protection of the rights of the child is an integral part
of State policy. The State and local governments shall organise
and monitor the protection of the rights of the child throughout
the territory of the State.
[9 March 2000]
Section 3. The Child and the
Principle of Equality Regarding the Rights of the Child
(1) A child is a person who has not attained 18 years of age,
excepting such persons who have been declared to be of legal age
in accordance with the law or have entered into marriage before
attaining 18 years of age.
(2) The State shall ensure the rights and freedoms of all
children without any discrimination - irrespective of race,
nationality, gender, language, political party alliance,
political or religious convictions, national, ethnic or social
origin, place of residence in the State, property or health
status, birth or other circumstances of the child, or of his or
her parents, guardians, or family members.
(3) In the area of administrative offences against law and
criminal law, all relevant legal provisions applicable to minors
shall be applied to a person under 18 years of age.
[9 March 2000; 17 March 2005; 26
November 2015]
Section 4. Objectives of Protection
of the Rights of the Child
The rights of the child shall be protected so as to achieve
the following objectives:
1) the development and reinforcement of an orientation of a
child toward values corresponding to the interests of
society;
2) orientation of a child to work as the only morally
supportable source for obtaining resources for livelihood and
welfare;
3) orientation of a child toward the family as the fundamental
value in social organisation and one of the principal values of
society and of individuals;
4) orientation of a child to a healthy life style as an
objective precondition for the survival of the nation; and
5) the safety of the child, as well as maximum protection of
the health and the life of the child, paying particular attention
to such during public events or visits to a public recreation
activity, sports or recreation location accessible to children,
armed conflict, fires or other emergency situations (floods,
storms, increased radiation levels and the like).
[19 October 2006]
Section 5. Persons and Institutions
Protecting the Rights of the Child
(1) The protection of the rights of the child in the State
shall be ensured by:
1) the parents (adopters), foster family and guardians of a
child;
2) educational, cultural, health care and child care
institutions;
3) State and local government institutions;
4) public organisations and other natural or legal persons
whose activities are related to the provision of support and
assistance to children;
5) employers.
(2) Children's organisations and the family shall also be
protected.
[9 March 2000; 17 March 2005]
Section 5.1 Subjects
Requiring Special Knowledge in the Field of Protection of the
Rights of the Child
(1) The following persons shall require special knowledge in
the field of protection of the rights of the child:
1) the manager of out-of-family care institutions, social
workers and social rehabilitator;
2) the chairperson of the Orphan's and Custody Court, the
deputy chairperson of the Orphan's and Custody Court and a member
of the Orphan's and Custody Court;
3) the head of an educational institution and the deputy head
in educational work;
4) a specialist of the Education Quality State Service;
5) a specialist in youth matters;
6) an employee of a place of imprisonment who works with
minors;
7) the head of the local government administrative committee
or the head of the sub-committee in child matters of the local
government administrative committee;
8) the head of the pedagogical medical commission of the local
government;
9) an employee of the municipal police who works with children
and families;
10) a social worker of the local government social service
office who works with children and families;
11) a public prosecutor;
12) a social educator and a psychologist who works with
children;
13) the manager of the social service office;
14) a judge;
15) an inspector of the State protection of the children's
rights;
16) the head of the State Pedagogical and Medical
Commission;
17) an official of the State Police who works with
children;
18) an educator of general education, vocational education and
interest education;
19) an employee of the State Probation Service;
191) a lawyer;
20) any other person if the rights and legal interests of a
child are or may be affected by an administrative decision
(particularly administrative act) taken thereby, actual action or
performance of work or service duties of another kind.
(11) In order for the persons referred to in
Paragraph one, Clauses 6, 11, 14, 17 and 19.1 of this
Section to acquire special knowledge in the field of the
protection of the rights of the child, including regarding
communication with a minor during criminal proceedings, the State
Inspectorate for Protection of Children's Rights shall organise
training according to the funds assigned in the law on the State
budget for the current year.
(2) The procedures by which special knowledge in the field of
the protection of the rights of the child shall be acquired, as
well as the content and extent of such knowledge shall be
stipulated by the Cabinet.
[30 May 2013; 6 March 2014 / See
Paragraphs 25, 26 and 27 of Transitional Provisions]
Section 5.2 A
Psychologist's Opinion in Matters Related to the Protection of
the Rights of the Child
(1) A person who has acquired at least master's degree in
psychology and whose professional activities in child and family
study is at least five years is entitled to provide a
psychologist's opinion on the results of psychological study for
a court, Orphan's and Custody Court, police and Prosecutor's
Office in matters related to the protection of the rights of the
child.
(2) The following shall be indicated in the psychologist's
opinion:
1) the institution which requested the opinion;
2) the objective of the psychological study;
3) the time and place of the psychological study;
4) basic information regarding the child which is or may be
necessary during the process of providing the opinion;
5) the methods used in the psychological study;
6) observations during the study, motivation of the client and
restrictions of the study;
7) results and analysis of the psychological study;
8) reasoned conclusions and recommendations;
9) information regarding confidentiality;
10) the given name, surname of the psychologist, the degree
acquired, the number of the diploma, the institution of higher
education in which the diploma was obtained, the date when the
opinion was provided.
[30 May 2013]
Section 6. Principle of Protection
of the Rights of the Child
(1) In lawful relations that affect a child, the rights and
best interests of the child shall take priority.
(2) In all activities in regard to a child, irrespective of
whether they are carried out by State or local government
institutions, public organisations or other natural persons and
legal persons, as well as courts and other law enforcement
institutions, the ensuring of the rights and interests of the
child shall take priority.
(3) Protection of the rights of the child shall be implemented
in collaboration with the family, State and local government
institutions, public organisations and other natural persons and
legal persons. The organisation of institutional cooperation and
the procedures for implementing the protection of children's
rights shall be stipulated by the Cabinet.
(4) During periods of out-of-family care necessary measures
shall be taken to ensure the re-unification of a child with his
or her parents.
(5) An act or failure to act, as a result of which the rights
of a child are not observed (leaving the child without a minimum
amount of nourishment, accommodation, care, guardianship), or
other acts which limit the personal or property rights and
freedoms of the child, shall be considered amoral and
illegal.
[15 May 2003; 17 March 2005; 2
March 2017]
Chapter
II
Fundamental Rights of the Child
Section 7. Rights of the Child to
Life and Development
Every child has an inalienable right to the protection of life
and development.
Section 8. Rights of the Child to
Individuality
(1) From the moment of birth a child has the right to a given
name, a surname and acquisition of citizenship. A child shall be
registered in accordance with the law.
(2) A child has the right to retain his or her identity.
[9 March 2000]
Section 9. Rights of the Child to
Privacy and Freedom and Security of Person
(1) A child has the right to privacy, living quarters,
confidentiality of correspondence, and inviolability and freedom
of the person.
(2) A child shall not be treated cruelly, tortured or
physically punished, and his or her dignity and honour shall not
be violated.
Section 10. Rights of the Child to
Wholesome Living Conditions
(1) A child has the right to such living conditions and
benevolent social environment as will ensure his or her full
physical and intellectual development. Every child shall receive
adequate nourishment, clothing and accommodation.
(2) A child with physical or mental disabilities also has the
right to everything that is necessary for the satisfaction of his
or her special needs.
(3) A child has a right to a permanent place of residence.
(4) [31 October 2002]
[9 March 2000; 31 October 2002]
Section 11. Rights of the Child to
Education and Creativity
(1) The State shall ensure that all children have equal rights
and opportunities to acquire education commensurate to their
ability.
(2) Children have the right to free-of-charge pre-school
preparation, primary and secondary education and vocational
training.
(3) Children belonging to the ethnic minorities of Latvia have
the right to acquire education in their native language in
conformity with the Education Law.
(4) A child has copyright and patent rights to his or her
invention.
(5) A child has the right to learn about cultural heritage and
to participate in its protection, and to develop his or her
creative abilities.
[9 March 2000 / See Transitional
Provisions]
Section 12. Social Rights of the
Child
(1) A child has the right to acquire a profession and choose
employment relevant to it. Educational institutions shall provide
professional training, but, for children, who have attained 15
years of age and are registered as unemployed persons, through
the national employment service.
(2) A child has the right to free-of-charge health care, as
determined by the State programme.
(3) A child, who is not receiving adequate parental care, has
the right to State and local government social assistance and
social services.
(4) The State and local governments shall ensure the social
guarantees stipulated by the Cabinet for each orphan and child
left without parental care.
[9 March 2000; 17 March 2005]
Section 13. Freedoms of the
Child
(1) A child has the right to freely express his or her
opinions, and for this purpose, to receive and impart any kind of
information, the right to be heard, and the right to freedom of
conscience and belief. The parents of a child shall determine his
or her religious affiliation.
(2) A child has a right of association, insofar as it does not
threaten the health and the life of the child.
(3) A child has the right to participate in
self-administration in the fields of education, culture and
sports. In any other fields, which affect the interests of the
child, appropriate attention, corresponding to the age and
maturity of the child, shall be paid to the opinion of the
child.
[9 March 2000]
Section 14. Rights of the Child
Regarding Property
(1) A child has rights of property.
(2) A child, depending on his or her age, has the right
himself or herself or through his or her lawful representative to
carry out transactions and realise other ownership rights laid
down in law.
[9 March 2000]
Section 15. Rights of the Child to
Protection from Exploitation
(1) A child has the right to be protected from economic
exploitation, and from employment in conditions that are
dangerous or harmful to his or her health or physical,
psychological or moral development, or in night work or during
such working periods as hinder his or her education.
(2) A child has the right to be protected from physical and
mental exploitation, from sexual exploitation and seduction, and
from any other forms of exploitation, which may in any way harm
the child.
Section 16. Rights of the Child to
Recreation and Free Time
A child has the right to recreation and free time appropriate
to his or her age and physical and mental development, and the
right to take part in games and amusement events, and cultural
activities, and to engage in art.
Section 17. Rights of the Child to
Take Part in the Drawing up of Programmes for the Protection of
the Rights of Child
A child has the right himself or herself or through a lawful
representative to take part in the drawing up and realisation of
programmes for the protection of the rights of the child.
Chapter
III
Guarantees of the Rights of the Child and Limitations of
Rights
Section 18. Guarantees of the Rights
of the Child
Guarantees for the rights of the child shall be as laid down
by the Constitution, this Law and other laws and regulatory
enactments, as well as international agreements binding on
Latvia.
[9 March 2000]
Section 19. Information Regarding
Rights and Duties of the Child
(1) Educational institutions, which implement general
educational programmes, shall ensure that each child has the
opportunity to acquire a basic knowledge of the rights and duties
of the child.
(2) The State shall inform the public regarding the provisions
of this Law and other laws and regulatory enactments adopted in
the area of the protection of the rights of the child and
regarding the principles of international law in this area.
[17 March 2005]
Section 20. Examination of Matters
Related to the Protection of the Rights of the Child
(1) Submissions and complaints that are related to the
protection of the rights of the child shall be examined without
delay.
(2) A child shall be given the opportunity to be heard in any
adjudicative or administrative proceedings related to the child,
either directly or through his or her lawful representative or
through a relevant institution.
(3) Matters that are related to ensuring the rights or
interests of the child, also criminal matters in which the
defendant is a minor, shall be adjudicated in court by emergency
procedure.
[30 May 2013]
Section 21. Limitations on the
Rights of the Child
(1) In the interests of security and protection of a child
himself or herself, the realisation of the rights of the child
may be subject to such limitations as are provided for by law and
are necessary for the protection of national security, public
order, and the morals and health of the public and the protection
of the rights and freedoms of other persons.
(2) A child shall receive explanations regarding such
limitations as soon as the rights of the child are limited.
[9 March 2000]
Chapter
IV
Duties of the Child
Section 22. Duties of the Child in
the Home
(1) A child has the duty to keep him or herself neat and to
take part in housework appropriate to his or her age.
(2) A child shall treat his or her parents (adopters), and
other family members, guardians and foster family members with
respect.
[9 March 2000]
Section 23. Duties of the Child
toward Society
(1) A child is a full-fledged member of society. The duties of
a child towards society shall increase in correspondence with the
age of the child.
(2) A child has the duty to study commensurate to his or her
physical and mental development. During study time the child
shall observe the internal procedural regulations of the
educational institution.
(3) A child, depending on his or her age and maturity level,
has the duty to safeguard his or her health.
(4) A child shall treat the State and its symbols with respect
and shall observe the law.
(5) A child shall observe the behavioural norms accepted by
society. The child shall not, in exercising his or her rights,
infringe the rights and lawful interests of other children and
adults.
(6) A child has the duty to treat the surrounding environment
with care.
[9 March 2000]
Chapter V
Child and Family
Section 24. Duties of Parents
towards the Child
(1) In conformity with the provisions of The Civil Law,
parents have a duty to care for a child and his or her property
and to represent the child in his or her personal and property
relations.
(2) It is the duty of the parents of a child to prepare him or
her for an independent life in society, as far as possible
respecting the individuality of the child and observing the
abilities and wishes of the child.
(3) Parents are the natural guardians (lawful representatives)
of a child. It is their duty to defend the rights and interests
of the child protected by law.
(4) Parents shall be held liable as determined by law for not
fulfilling their parental duties and for abuse of custody rights,
physical punishment or cruel treatment of a child.
(5) Limitations may be provided on expression of the wishes of
the parents in relation to a child, irrespective of their
opinions and religious convictions, if it is determined that they
could be physically or mentally harmful to future development of
the child.
(6) It is a duty of the parents or a person under whose care
the child has been transferred, not to leave a child up to seven
years old without the presence of an adult or a person not
younger than 13 years of age.
[9 March 2000; 15 May 2003; 17
March 2005; 30 May 2013]
Section 25. Rights of Parents to
Limit Freedoms of the Child
(1) Depending on the maturity level of a child, parents may
limit the rights of a child to privacy, freedom of association
and of speech in order to:
1) ensure the development of the child and to protect the
health and life of the child;
2) safeguard public order and public morals and health;
3) protect the rights and freedoms of other persons.
(2) A child may apply for assistance to the Orphan's and
Custody Court, if the parents, in the opinion of the child, have
set unjustifiable limitations or other differences of opinion
have arisen in their relationship.
[17 March 2005]
Section 26. Support to the
Family
(1) The family is the natural environment for the development
and growth of a child and every child has the inalienable right
to grow up in a family. The State and local governments shall
support the family, particularly the large family, and provide
assistance to it.
(2) If the relationship of the parents with their child does
not ensure a favourable environment for the development of the
child or if the child is chronically ill, the local government
shall assist the family, providing consultations with a
psychologist, social educator or other specialist, and shall
appoint a support family or trusted person for the child, who
shall assist in stabilising the relationship between parents and
child. A support family or trusted person, on the basis of a
three-party agreement, which is entered into between the support
family or trusted person, local government social service office
and the family, for which support is necessary, shall provide
support to the child or the family.
(3) Depending on the age of a child, the local government
shall assist the family, particularly, a family in need, in the
upbringing and education of the child, in vocational training and
in finding employment and accommodation.
(4) The State and local governments shall provide support to
child and family educational, health maintenance, cultural,
sports and recreational institutions and organisations, in order
to promote physical development and creative activities of a
child; provide opportunities for spending free time for a child;
and provide other services as will promote full development of a
child and assist the family in the upbringing of a child.
(5) Other laws shall determine the duties by which the State
and local governments ensure a minimal level of welfare to a
child.
(6) In order to promote and support voluntary involvement of
local governments, merchants and other persons in supporting
large families, the State implements the Latvian Honorary Family
certificate programme within the framework of which the Society
Integration Foundation provides the issuance of special cards to
large families. The procedures for implementing the
abovementioned programme, including the cases and procedures for
granting, using and cancelling the family certificate shall be
stipulated by the Cabinet.
[9 March 2000; 31 October 2002; 17 March 2005; 15 October
2009; 26 November 2015 / The new wording of the title of this
Section and Paragraph six shall come into force on 1 January
2016. See Paragraph 31 of Transitional Provisions]
Section 27. Separation of the Child
from Family
(1) A child may be separated from his or her family, if:
1) the life, health or development of the child is seriously
threatened due to violence or if there are justified suspicions
regarding violence against the child, as well as due to lack of
care or due to the circumstances of his or her home (social
environment);
2) the child is seriously threatening his or her health or
development by using alcohol, narcotic or toxic substances;
or
3) the child has committed a criminal offence.
(2) In the cases provided for in Paragraph one, Clauses 1 and
2 of this Section, a child shall be separated from the family if
it is not possible to allay the circumstances unfavourable to the
development of the child if he or she remains in the family. The
eviction of a family from accommodation place may not be a reason
to separate a child from his or her parents.
(3) When separating a child from his or her family, he or she
shall be ensured out-of-family care with a guardian, a foster
family or in a child care institution, as well as free-of-charge
emergency care in medical treatment institutions or assistance in
rehabilitation institutions. A child shall be primarily ensured a
possibility to grow with a guardian or in a foster family.
(31) Out-of-family care in a child care institution
shall be ensured if care received from a guardian or in a foster
family is not appropriate for the particular child. The child
shall stay in a child care institution until he or she is ensured
appropriate care by a guardian or in a foster family.
(4) If out-of-family care is ordered in connection with the
circumstances referred to in Paragraph one, Clause 1 of this
Section:
1) the children from one family shall not be separated except
in special cases where it is done in the best interests of the
children;
2) in selecting the form of out-of-family care, the point of
view of the child shall also be taken into account.
(41) If the police separates a child from his or
her family due to the circumstances referred to in Paragraph one,
Clause 1 of this Section and a decision regarding his or her
out-of-family care has not been taken yet, the police may refuse
to notify the parents of the child, as well as his or her
brothers, sisters, grandparents and persons with whom the child
has lived for a long period of time in a common household,
regarding the location of the child. If a child is being
separated from his or her family due to the circumstances
referred to in Paragraph one, Clause 1 of this Section and a
decision on his or her out-of-family care has not been taken yet,
a child care institution, an educational institution, a medical
treatment institution or a social rehabilitation institution may
prohibit the parents of the child, as well as his or her
brothers, sisters, grandparents and persons with whom the child
has lived for a long period of time in a common household, from
meeting the child if meeting the particular person:
1) is harmful to the health, development and safety of the
child;
2) poses a threat to the child or other children who are in
the institutions referred to in this Paragraph.
(42) The police may communicate its decision to
refuse to notify the location of the child as well as the child
care institution, the educational institution, the medical
institution or the social rehabilitation institution may
communicate their decision to prohibit meeting the child orally.
A request may be submitted to draw up the abovementioned
decisions in writing and also they may be appealed in accordance
with the procedures laid down in the Administrative Procedure
Law. The appeal of the decision shall not suspend the operation
thereof.
(43) If a child is separated from his or her family
within the meaning of a case referred to in Paragraph
4.1 of this Section, the Orphan's and Custody Court
which is competent to decide on the discontinuation of the
custody rights of parents shall be informed about it not later
than on the next working day. Having received this information,
the Orphan's and Custody Court shall decide on the
discontinuation of the custody rights of parents not later than
on the next working day.
(5) Having taken the decision on separating the child from his
or her family, the Orphan's and Custody Court shall inform
thereof the social service of the local government or the person
delegated by the local government without delay. In such cases
the social service of the local government in cooperation with
other institutions of the local government, the child's parents
and institutions for the protection of child's rights shall draw
up a family support and assistance programme.
[9 March 2000; 15 May 2003; 17
March 2005; 4 March 2010; 30 May 2013]
Section 27.1 Separation
of the Child from Family in Order to Execute an Adjudication on
Return of the Child to the Country Where His or Her Place of
Residence is Located
(1) A child may be separated from the family if it is
necessary for compulsory execution of an adjudication on return
of the child to the country where his or her place of residence
is located and if:
1) the parent of the child or another person who has
unlawfully moved or detained the child has not voluntarily
executed the decision on return of the child to the country where
his or her place of residence is located, and it has not been
possible to ensure compulsory execution of the relevant
adjudication in accordance with the procedures laid down in laws
and regulations, without separating the child from family;
2) the parent of the child or another person who has
unlawfully moved or detained the child has not executed the
decision on return of the child to the country where his or her
place of residence is located within the time period indicated in
the notification of the bailiff, and it has not been possible to
ensure compulsory execution of the relevant adjudication in
accordance with the procedures laid down in laws and regulations,
without separating the child from family.
(2) In separating the child from family, the Orphan's and
Custody Court shall ensure the protection of personal interests,
as well as rights of the child and, if the child is handed over
to a representative of the Orphan's and Custody Court for
performance of further activities in cases when a collector does
not participate in execution of the adjudication, - the delivery
of the child to a crisis centre or other safe conditions, if it
is impossible to deliver the child without delay back to the
country where his or her place of residence is located.
(3) If the parent of the child or another person who has
unlawfully moved or detained the child, or close relatives of the
child may endanger execution of the adjudication on return of the
child to the country where his or her place of residence is
located, further compulsory execution, and preparation of the
child for return to the country where his or her place of
residence is located, the Orphan's and Custody Court, upon
delivering the child to a crisis centre or other safe conditions,
may:
1) refuse to notify such persons of the location of the
child;
2) prohibit such persons from meeting the child and removing
him or her from the crisis centre or other safe conditions.
[4 August 2011]
Section 28. Removal of Care or
Custody Rights
(1) Custody rights shall be discontinued or removed in
accordance with The Civil Law and the Law On Orphan's and Custody
Courts.
(2) In the cases set out in Section 27, Paragraph one, Clause
3 of this Law, the court shall render a decision or judgment. In
the cases set out in Section 27, Clause 2 of this Law, the court
shall apply compulsory measures of a correctional or medical
nature.
[15 May 2003; 8 March 2007; 30 May
2013]
Section 29. Care of the Child
According to Parental Request
(1) The local government social service office in co-operation
with the Orphan's and Custody Court shall ensure care for a child
with a provider of out-of-family care service according to the
request of his or her parents, if they are not able to care of
the child due to their state of health.
(2) According to the request of the mother of a newborn child,
if she does not have the maintenance or accommodation, such
mother together with her child shall be admitted to a child care
institution together with the child during the time she is
breastfeeding the child.
(3) The local government social service office according to a
parental request shall ensure the necessary social assistance or
social services to the family, or if necessary, out-of-family
care with a provider of out-of-family care services if parents
are unable to care for the child due to his or her state of
health.
[17 March 2005; 30 May 2013]
Section 29.1 Mother's
Rights in Out-of-family Care
(1) A mother who is a minor in out-of-family care has the
right to remain together with her child. A guardian, foster
family or the child care institution together with the local
government shall ensure this possibility.
(2) The Orphan's and Custody Court shall for the child of a
mother who is a minor, if necessary, appoint a separate guardian
and shall supervise that the decisions taken best conform to the
interests of the mother who is a minor and her child.
[31 October 2002; 15 May 2003]
Section 30. Payment for
Out-of-family Care of the Child
(1) Parents have a duty to pay for out-of-family care
services. The Cabinet shall determine the procedures for the
payment and the amount thereof. If out-of-family care services
for a child are ensured by appointing his or her guardian,
payment for the services shall be ensured in accordance with
Section 35, Paragraph three of this Law.
(2) The circumstance that parents are not able to pay for the
out-of-family care of a child may not be the basis for
non-provision of extra-familial services. Payment for
out-of-family care services in such cases shall be covered as
applicable by the State or local government budget and thereafter
shall be recovered from the parents in accordance with the
procedures laid down in the Administrative Procedure Law on the
basis of an execution order of the institution.
(3) A parent of the child shall be exempted from payment for
out-of-family care services for a child if:
1) the child has been born to a mother as a result of a
criminal offence against sexual inviolability or the mother has
been recognised a victim in criminal proceedings initiated in
relation to committing such criminal offence, and the child has
been transferred for out-of-family care immediately after
birth;
2) the parent of the child is at a long-term social care and
social rehabilitation institution;
3) the capacity to act of the parent of the child is limited
and trusteeship has been established due to disorders of mental
nature or other health disorders;
4) the care of the child is ensured in the cases laid down in
Section 29 of this Law;
5) the local government social service office has provided a
motivated opinion on involvement of the parent in solving of his
or her problems;
6) the parent of the child has given a written consent for
adoption.
(4) Parents of the child have a duty to take care of
maintaining the child or to pay for child care services also if
both parents or one of the parents has been removed the custody
rights by a court judgment. Such duty need not be carried out
during the time period when the child has been transferred into
care of adopters.
(5) During periods of out-of-family care, child and family
support shall not be disbursed to parents.
[30 May 2013]
Section 31. Adoption
(1) In order to ensure a familial environment for the
development of a child, adoption shall be supported.
(2) The legal basis of adoption shall be determined by The
Civil Law. The Cabinet shall determine the procedures for
adoption.
(3) In the cases and in accordance with the procedures
provided for in law, a child may be adopted to a foreign state,
if Hague Convention of 29 May 1993 on Protection of Children and
Co-operation in Respect of Intercountry Adoption is binding to
this state, or if Latvia has entered into a bilateral agreement
with the relevant state, which determines legal co-operation in
the field of adoption. In exceptional cases a child may be
adopted to a foreign state, to which the referred to convention
is not binding or with which Latvia has not entered into a
bilateral agreement, which determines legal co-operation in the
field of adoption, if prior to commencement of the adoption
process genuine relationship of children and parents has formed
between the child and the adopter and the Orphan's and Custody
Court, which decided on out-of-family care, has recognised that
adoption conforms to the interests of the child.
(4) Registration of the children to be adopted and the persons
wishing to adopt a child shall be ensured in the adoption
register in accordance with the procedures stipulated by the
Cabinet.
[9 March 2000; 29 June 2008; 15
October 2009]
Chapter
VI
Out-of-family Care
Section 32. Purpose of Out-of-family
Care
The purpose of out-of-family care is to create a feeling of
protection for a child, ensure circumstances for the development
and welfare of the child, and support efforts of the child to be
independent.
Section 33. Connection of a Child in
Out-of-family Care with Parents and Other Persons
(1) A child who has been placed under guardianship or with a
foster family or has been placed in a child care institution, has
the right to maintain personal relationship and direct connection
with parents, as well as with brothers, sisters, grandparents and
persons with whom the child has lived for a longer period of time
in a common household, except in cases when it:
1) is harmful to the health, development and safety of the
child;
2) poses a threat to the guardians, foster families, employees
of child care institutions or other children.
(2) If the circumstances referred to in Paragraph one of this
Section exist, the Orphan's and Custody Court, which has taken
the decision on out-of-family care, may refuse to notify the
parents of a child and other persons referred to in the
introductory part of Paragraph one of this Section regarding the
location of the child or take a decision to restrict the right to
maintain personal relationship and direct connection.
(3) The persons concerned may appeal the decision to refuse to
notify the parents of the child or other persons referred to in
the introductory part of Paragraph one of this Section regarding
the location of the child, and the decision to restrict the right
to maintain personal relationship and direct connection, in
accordance with procedures laid down in law. Lodging of an
application to the court shall not suspend the operation of the
referred-to decisions.
(4) The manager of a child care institution, a foster family
or a guardian may permit a child to stay with the parents whose
custody rights have been discontinued or removed, or with other
persons referred to in the introductory part of Paragraph one of
this Section, if the Orphan's and Custody Court has taken a
decision in respect of this.
[9 March 2000; 15 May 2003; 17
March 2005; 8 March 2007; 15 October 2009; 4 March 2010; 30 May
2013]
Section 34. Informing a Child about
His or Her Parents
According to the request of a child, taking into account the
age and maturity of the child, a guardian, foster family or
manager of a child care institution shall notify the child why he
or she is in out-of-family care and provide information regarding
his or her family and how long the child will remain in
out-of-family care.
[15 May 2003]
Section 35. Care of a Child under
Guardianship
(1) Procedures by which a guardian is appointed and the duties
of a guardian towards a child shall be determined by the Civil
Law, the Law On Orphan's and Custody Courts, and regulations
governing the activity of Orphan's and Custody Courts.
(2) A local government within the scope of its budget
resources shall ensure the training of guardians. The Minister
for Welfare shall approve a sample guardian training
programme.
(21) The State Inspectorate for Protection of
Children's Rights within the framework of the allocated State
budget resources shall provide the guardians with psychological
assistance and informational and methodological support.
(3) If out-of-family care services are ensured by appointing a
guardian for a child, parents have a duty to pay the maintenance
to the guardian in the amount necessary for the child, but not
less than laid down in the laws and regulations regarding the
minimum amount of the maintenance for a child.
(4) If parents do not pay maintenance, a guardian has a duty
to ensure that a child receives maintenance from his or her
parents. In order to ensure it, the guardian has the right to
bring an action to court.
(5) If recovery of the maintenance has been recognised as
impossible by a court adjudication regarding recovery of
maintenance in accordance with the procedures laid down in the
Civil Procedure Law or if parents carry out the court
adjudication regarding recovery of maintenance to an extent which
is less than laid down in the laws and regulations regarding the
minimum amount of the maintenance for a child, the guardian must
address the Administration of the Maintenance Guarantee Fund.
[9 March 2000; 17 March 2005; 8
March 2007; 12 June 2009; 30 May 2013; 23 November 2016]
Section 36. Care of a Child in a
Foster Family
(1) The Orphan's and Custody Court in conformity with Cabinet
regulations shall grant a foster family status, provide for the
training of the respective family and for the entering into a
child care agreement with the family.
(2) The local government shall assist foster families in the
upbringing of children and shall ensure the necessary social
services. A foster family has the right to receive funds for the
maintenance of the child. The amount of such funds may not be
less than the amount, which, on the basis of Section 179,
Paragraph five of The Civil Law has been stipulated by the
Cabinet.
(3) The legal relationship of a child and a foster family
shall be regulated by Cabinet regulations.
[17 March 2005]
Section 37. Child Care Institutions
for Orphans and Children Left without Parental Care
(1) [17 March 2005]
(2) The by-laws of a child care institution shall be approved
by its founder.
(3) An orphan and a child left without parental care shall be
placed in a child care institution according to the decision of
an Orphan's and Custody Court, but in the case referred to in
Section 29, Paragraph three of this Law - according to the
procedures laid down in laws and regulations for the receipt of
social services and social assistance.
(4) A child shall be admitted to a child care institution for
short-term care (up to three months) on the basis of a unilateral
decision of the Chairperson of the Orphan's and Custody Court, a
police order or an opinion of the local government social service
office. If the child care institution takes a child for
short-term care according to a police order, the manager of the
institution shall inform the Orphan's and Custody Court and the
local government social service office of the parent's place of
residence thereof not later than on the next working day.
(5) A child care institution may not refuse to take a child
for short-term care if the child himself or herself has asked for
assistance or his or her admission is requested by a person who
has determined that the child has been left without care. In
respect of taking the child into the child care institution, the
manager of the institution shall inform the Orphan's and Custody
Court and the local government social service office of the
parent's place of residence thereof not later than on the next
working day.
(6) [17 March 2005]
(7) There shall be premises and equipment thereof necessary
for the development of a child and qualified medical and other
personnel in child care institutions. The requirements for child
care institutions for orphans and children left without parental
care, including the medical health and hygiene requirements
thereof, shall be stipulated by the Cabinet.
(8) A child care institution may establish separate
apartment-type premises for orphans and children left without
parental care who have attained 15 years of age.
[9 March 2000; 15 May 2003; 17
March 2005; 2 March 2017]
Section 38. Social Correction
Educational and Prophylactic Institutions
(1) Social correction educational institutions are
institutions, in which children with socially deviant behaviour
are placed and in which, if necessary, compulsory measures of a
medical nature are applied. A child shall be placed in a social
correction educational institution if social correction of the
behaviour of the child while located at his or her place of
residence has not been successful or also the child has committed
a criminal offence before attaining 14 years of age.
(2) A child may be placed in the institutions referred to in
Paragraph one of this Section pursuant to a court order in
accordance with procedures laid down in a separate law.
(3) A prophylactic institution is a unit of the State Police,
where a child who has committed a violation of the law or a child
with socially deviant behaviour is placed in the cases specified
in the law. A child may be placed in a prophylactic institution
for a short-term in the cases and according to the procedures
laid down in the law. The police may place a child in a
prophylactic institution in the cases referred to in Section 60,
Paragraph two of this Law not longer than for five days.
[9 March 2000; 15 May 2003; 17
March 2005; 29 June 2008; 1 July 2011]
Section 39. Status of a Child under
Out-of-family Care
(1) A child who has been placed in out-of-family care, shall
not be humiliated, or his or her defencelessness or dependence
stressed, or his or her honour and dignity otherwise
infringed.
(2) During the time of out-of-family care, the behaviour of a
child, personal hygiene and social interaction skills shall be
developed, and circumstances shall be created for obtaining a
general education and acquiring a profession.
(3) A child care institution shall inform the child regarding
his or her rights and duties in out-of-family care.
(4) A child who has been placed in a child care institution
shall observe the internal procedure regulations of the
institution, and shall treat with care the inventory and material
valuables of the institution.
[17 March 2005]
Section 40. Sanctions and
Limitations
(1) If the manager of a child care institution, the manager of
a social correction educational institution, the manager of a
social rehabilitation institution, the director of a boarding
school, the guardian or foster family has reasonable cause for
suspicion that a child has alcohol, narcotic, psychotropic or
toxic substances or the devices necessary for the use thereof, as
well as items and substances, which may endanger the life or
health of the child himself or herself or another person, they
may search the child.
(2) If there is cause for suspicion that in correspondence or
other mail addressed to a child there is alcohol, narcotic,
psychotropic or toxic substances or equipment necessary for their
use, pornographic material or something else as may be harmful or
dangerous to the child, the manager of the care and instructional
institution, the manager of a social correction educational
institution, the manager of a social rehabilitation institution,
the guardian or the foster family may examine the correspondence
or mail addressed to the child.
[15 May 2003; 17 March 2005; 29
June 2008; 15 October 2009; 30 May 2013]
Section 41. Special Limitations
(1) For a prescribed period a child may be prohibited from
leaving his or her home, or his or her freedom of movement may be
restricted, if it is necessary for the care of the child or in
conformity with the interests of the welfare of the child in
cases where:
1) out-of-family care has been provided for a child because
the child is seriously threatening his or her health or
development by using alcohol, narcotic, psychotropic or toxic
substances, or has committed a criminal offence, or due to other
similar behaviour; or
2) special circumstances exist for considering such limitation
necessary.
(2) A child may be isolated from other children in the house,
if the child threatens his or her life or health or that of
another person or such isolation is necessary in connection with
the care of the child.
(3) The period of isolation shall not exceed 24 hours and to
continue isolation of the child from others shall be permitted
only in special cases. The total duration of the isolation shall
not exceed 48 hours.
(4) During the period of isolation, supervision shall be
provided for the child.
(5) Circumstances concerning isolation of a child and the
procedures for its application shall be stipulated by the
Cabinet.
[17 March 2005]
Section 42. Termination of
Out-of-family Care
(1) Out-of-family care shall be terminated when favourable
conditions for the development of a child have been ensured by
the family of the parents of the child or the child has attained
18 years of age. Leaving a child for a longer time in a care
institution may be permitted up to the end of the academic year
if the child continues his or her education.
(2) In the cases set out in Paragraph one of this Section, six
months prior to leaving the institution the manager thereof shall
provide information in writing to a child regarding the
guarantees laid down in law, also the right to receive
residential premises.
(3) A judgment regarding discontinued or removed custody
rights shall be rendered by a court or an Orphan's and Custody
Court in accordance with the procedures laid down in law.
[9 March 2000; 15 May 2003; 17
March 2005; 30 May 2013]
Section 43. Provision of Assistance
after Termination of Out-of-family Care
(1) On termination of guardianship, or of the care of a child
by a foster family or in a child care institution, the local
government shall, in conformity with the Law On Assistance in
Solving Apartment Matters, provide the orphan or the child who
has been left without parental care with residential premises and
in accordance with the social guarantees stipulated by the
Cabinet shall provide other assistance, including after the
attaining of 18 years of age.
(2) A person shall be maintained the right to unused social
guarantees for not longer than until the attaining 24 years of
age.
[9 March 2000; 15 May 2003; 17
March 2005; 29 June 2008; 15 October 2009]
Section 44. Work with the Parents
during Out-of-family Care
(1) While a child is in out-of-family care, the local
government shall provide educational, social and other assistance
to the parents of the child, in order to promote return of the
child to the family.
(2) A foster family, guardian and a child care institution
shall inform the parents regarding the development of the child
and shall encourage the renewal of family ties.
[15 May 2003; 19 October 2006; 30
May 2013]
Section 45. Supervision of Care of a
Child Placed in Another Family
[29 June 2008 / See Transitional Provisions]
Section 45.1 Placement of
a Child under Parental Care into Care of Another Person in Latvia
and Supervision of Care
(1) Parents may place the child into care of another person in
Latvia for a period of time exceeding three months, if prior to
placement the Orphan's and Custody Court of the place of
residence of the parents has recognised that such placement
conforms to the interests of the child and the person will be
able to provide appropriate care for the child. If necessary, the
Orphan's and Custody Court shall request an opinion of the
Orphan's and Custody Court of the place of residence of the
person on the ability of the relevant person to provide
appropriate care for the child.
(2) The Orphan's and Custody Court of the place of residence
of the parents of a child placed into care of another person
shall inform the Orphan's and Custody Court of the place of
residence of the person, which shall ensure regular checks of the
living conditions of the child placed into care of the relevant
person.
(3) If after placement of the child into care of another
person it is found that such a person does not provide
appropriate care for the child, the Orphan's and Custody Court in
co-operation with the social service office of the local
government shall ensure return of the child to the care of the
parents. If the return of the child under parental care is
impossible, the Orphan's and Custody Court of the place of
residence of the parents in co-operation with the social service
office of the local government shall decide on out-of-family care
of the child.
[29 June 2008 / Section shall come into force on 1 October
2008. See Transitional Provisions]
Section 45.2 Placement of
a Child under Parental Care into Care of Another Person in Latvia
and Supervision of Care
(1) The guardian and the foster family may place the child
into the care of another person in Latvia for a period of one to
three months, if prior to placement the Orphan's and Custody
Court which has taken the decision on the out-of-family care
concludes that the placement conforms to the interests of the
child and the person will be able to provide appropriate care for
the child. If necessary, the Orphan's and Custody Court shall
request an opinion of the Orphan's and Custody Court of the place
of residence of the person on the ability of the relevant person
to provide appropriate care for the child.
(2) The guardian and foster family shall reach an agreement
with the person regarding the procedures by which the person
shall be covered expenditure related to the feeding of the
child.
(3) The child care institution may permit the child to meet
the relevant person on the premises of the institution or to
place the child into the care of this person temporarily, if he
or she has been granted the status of a guest family in
accordance with Section 45.3 of this Law and the child
care institution is convinced that the guest family will provide
the necessary support to the child and will be able to take care
of and supervise him or her in accordance with his or her
needs.
(4) A child care institution, upon reaching a written
agreement with the family, shall determine the duration of the
stay of the child placed in an out-of-family care institution in
another family in a foreign state, the rights and obligations of
the parties, as well as disburse the child allowance or
maintenance benefit granted thereto according to the period of
time during which the child is in care of another person in a
foreign state.
(5) The child care institution shall send a certified copy of
the concluded agreement to the Orphan's and Custody Court
according to the guest family's place of residence. The Orphan's
and Custody Court shall ensure regular checks of the living
conditions of the child placed in the guest family.
(6) If after placement of the child in care of another person
it is found that such a person does not provide appropriate care
for the child, the Orphan's and Custody Court, which has taken
the decision on out-of-family care or granted the status of the
guest family to the person, in co-operation with the social
service of the local government shall ensure return of the child
to the out-of-family care.
(7) For the other person, who has admitted a child under
out-of-family care, to be able to adopt the child or to take the
child under guardianship, an opinion of the Orphan's and Custody
Court, which has decided on the out-of-family care of the child,
stating that it conforms to the best interests of the child shall
be necessary.
[29 June 2008 / Section shall come into force on 1 October
2008. See Transitional Provisions]
Section 45.3 Status of
the Guest Family
(1) The status of the guest family shall be granted by the
Orphan's and Custody Court of the place of residence of spouses
or a person.
(2) Prior to taking of a decision, the Orphan's and Custody
Court shall evaluate the suitability of the potential guest
family for the acquisition of the status of the guest family,
including:
1) evaluate the motivation of the spouses or the person to be
become the guest family, the mutual relationship in the family
and the ability to take care for a child;
2) check and evaluate the household and material conditions of
the spouses or the person;
3) demand an opinion of the family doctor on the state of
health of the spouses or the person;
4) send the spouses or the person to a psychologist in order
to receive an opinion regarding suitability for the acquisition
of the status of the guest family;
5) request information regarding the data included in the
Register of Convictions on the spouses and the person.
(21) The following person may not be a guest
family:
1) who has been punished for committing an intentional
criminal offence related to abuse or threatening abuse -
regardless of extinguishing or setting aside of conviction;
2) who has been punished for a criminal offence against morals
or sexual inviolability - regardless of extinguishing or setting
aside of conviction;
3) who has been revoked from fulfilling the duties of a
guardian due to careless fulfilment thereof;
4) who has been withdrawn the status of a foster family or
guest family because the person has not fulfilled the duties
according to the interests of the child;
5) who has been withdrawn the right of guardianship according
to a court judgment;
6) to whom the court has applied the compulsory measures of a
medical nature laid down in the Criminal Law for a criminal
offence committed in a state of mental incapacity.
(3) The Orphan's and Custody Court who has taken a decision to
grant the status of the guest family shall not less than once a
year assess the suitability of the guest family for the status of
a guest family in accordance with the assessment criteria laid
down in Paragraph two, Clauses 1 and 2 of this Section and verify
whether the guest family will be able to continue the fulfilment
of the duties of a guest family.
(31) The Orphan's and Custody Court shall decide on
termination of the status of a guest family, if the guest family
refuses to fulfil the duties of a guest family, or on withdrawal
of the status of a guest family, if the Orphan's and Custody
Court detects that the guest family is not fulfilling the duties
of a guest family according to the interests of the child.
(4) For the spouses or the person, who has fulfilled the
duties of the guest family, to be able to adopt the child or to
take the child under guardianship, an opinion of the Orphan's and
Custody Court, which has decided on the out-of-family care of the
child, stating that it conforms to the best interests of the
child shall be necessary.
[29 June 2008; 30 May 2013]
Section 45.4 Placement of
a Child under Parental Care and Out-of-family Care into Care of
Another Person in a Foreign State and Supervision of Care
(1) Parents may place the child into care of another person in
a foreign state for a period of time, which exceeds three months,
if the Orphan's and Custody Court of the place of residence of
the parents agrees thereto and if this Orphan's and Custody Court
has recognised that such placement conforms to the interests of
the child and the relevant person will be able to provide
appropriate care for the child.
(2) A child under out-of-family care may be placed into care
of another person in a foreign state for a short period of time
if the Orphan's and Custody Court, which has taken the decision
on out-of-family care of the child, agrees thereto and if this
Orphan's and Custody Court has recognised that such placement
conforms to the interests of the child and the relevant person
will be able to provide appropriate care for the child.
(3) Before the Orphan's and Custody Court takes a decision to
place a child into care of another person in a foreign state, the
person wishing to admit the child shall submit the following
documents to the Orphan's and Custody Court, issued by the
competent authority for the protection of the rights of children
of the relevant state:
1) a statement in which evaluation of the suitability of the
person is provided in accordance with the requirements of Section
45.3, Paragraphs two and 2.1 of this
Law;
2) a confirmation that it will ensure regular checks of the
living conditions of the child placed under care and provide the
Orphan's and Custody Court with a report on the findings of each
such check.
(4) The documents referred to in Paragraph three of this
Section shall be submitted to the Orphan's and Custody Court,
appending a notarially certified translation of the documents
into Latvian. Documents issued in foreign countries shall be
legalised or certified in accordance with the Hague Convention of
5 October 1961 Abolishing the Requirement of Legalization for
Foreign Public Documents, if other procedures have not been
provided for in international treaties binding to the Republic of
Latvia.
(5) The guardian and foster family shall reach an agreement
with the person regarding the procedures by which the person
shall be covered expenditure related to the feeding of the
child.
(6) A child care institution, upon reaching a written
agreement with the family, shall determine the duration of the
stay of the child placed in an out-of-family care institution in
another family in a foreign state, the rights and obligations of
the parties, as well as disburse the child allowance or
maintenance benefit granted thereto according to the period of
time during which the child is in care of another person in a
foreign state.
(7) The child care institution shall send a certified copy of
the agreement entered into to the Orphan's and Custody Court,
which has taken the decision regarding out-of-family care of the
child.
(8) If after placement of the child in care of another person
it is found that such a person does not provide appropriate care
for the child, the Orphan's and Custody Court in co-operation
with the competent authority for the protection of the rights of
children of the relevant state shall ensure return of the child
under parental care, care of the guardian or foster family, or
care of a child care institution. If the return of the child
under parental care is impossible, the Orphan's and Custody Court
of the place of residence of the parents in co-operation with the
social service office of the local government shall decide on
out-of-family care of the child.
(9) For the spouses or the person, who has admitted a child
under out-of-family care in a foreign state, to be able to adopt
the child, an opinion of the Orphan's and Custody Court, which
has decided on the out-of-family care of the child, stating that
it conforms to the best interests of the child shall be
necessary.
[29 June 2008; 30 May 2013]
Chapter
VII
The Child and his or her Living Environment
Section 46. The Rights of the Child
to a Clean Living Environment
(1) All persons and institutions have the obligation to avoid
doing harm to the surrounding environment, in order not to
infringe on the rights of the child to quality of life, health
and development.
(2) The State, in accordance with the Environmental Protection
Law, shall ensure supervision of the prevention of such harmful
factors and causes of diseases as may negatively affect the
health of the child.
(3) The State has a duty to provide relevant information
regarding the factual conditions of the environment in both the
entire State and in specific territories thereof.
[29 June 2008]
Section 47. General Provisions for
the Protection of the Child from the Influence of a Negative
Social Environment
(1) It is the duty of State institutions and local
governments, and natural persons and legal persons, to protect a
child from the influence of a negative social environment.
(2) In order to reduce the effects of a negative social
environment, the objective of the State social policy is to
establish a benevolent cultural environment and to popularise a
healthy lifestyle. Resources shall be allocated in the State
budget for this.
(3) Public radio and public television shall, pursuant to the
national remit, annually create programmes popularising a healthy
lifestyle.
[9 March 2000]
Section 48. Protection of the Child
from Smoking and the Influence of Alcoholic Beverages
(1) A child shall be prohibited from smoking, using smokeless
tobacco products, alcoholic beverages and energy drinks. A child
shall be protected from smoking and the influence of alcoholic
beverages. A child should not be under the influence of smoke or
vapour of products or devices designated for smoking. Smoking in
the presence of a child shall be prohibited in order to provide
for him or her an environment free of smoke and vapour of
products or devices designated for smoking.
(2) A negative attitude towards smoking and the use of
smokeless tobacco products, alcoholic beverages and energy drinks
should be created in the child. A child is prohibited to work at
jobs that are directly related to the manufacturing, testing,
storage, use, as well as sale or advertising of tobacco products
or other products or devices intended for smoking, or their
refill containers. A child is prohibited to work at jobs that are
directly related to the manufacturing, testing, storage, use, as
well as sale or advertising of alcoholic beverages, except cases
when a child according to the acquisition of the practical part
of the relevant vocational education programme is in traineeship
which is carried out in the presence of the manager of the
traineeship and during which conformity with the laws and
regulations related to labour protection is ensured.
(3) In accordance with the Handling of Alcoholic Beverages
Law, Law on the Handling of Energy Drinks, and the Law on the
Handling of Tobacco Products, Herbal Products for Smoking,
Electronic Smoking Devices and their Liquids, alcoholic beverages
and energy drinks, tobacco products or other products or devices
intended for smoking, or their refill containers should not be
sold to children.
(4) Persons guilty of involving children in the use of
alcoholic beverages or energy drinks or smokeless tobacco
products as well as in smoking shall be held liable before the
law. Supplying the child with alcoholic beverages and energy
drinks, tobacco products or other products or devices intended
for smoking, or their refill containers shall be also deemed to
be involvement of the child in the use of alcoholic beverages or
energy drinks or smokeless tobacco products as well as in
smoking.
(5) A child to whom has been caused mental or behavioural
problems as a result of the use of alcoholic beverages, shall be
ensured mandatory medical treatment and social rehabilitation
according to the procedures stipulated by the Cabinet. Resources
shall be allocated in the State budget for this. In case where a
child or his or her parents do not agree to mandatory medical
treatment, it shall be performed if a consent of the Orphan's and
Custody Court of the place of residence of the child has been
received.
[9 March 2000; 31 October 2002; 17
March 2005; 29 June 2008; 30 May 2013; 2 March 2017]
Section 49. Protection of the Child
from the Use of Narcotic, Psychotropic, Toxic and other
Intoxicating Substances
(1) A child may not use narcotic, psychotropic, toxic or other
intoxicating substances. A child shall be protected from the use
of narcotic, psychotropic, toxic and other such intoxicating
substances as have a negative influence on the organism and from
the manufacture, sale and any form of distribution of such
substances.
(2) For the giving of narcotic, psychotropic, toxic or other
intoxicating substances at the disposal of a child or the
creation of such circumstances that such substances are freely
accessible to the child, the encouraging of a child to use
narcotic, psychotropic, toxic or other intoxicating substances,
or the inducing of a child to use or distribute such substances,
the persons at fault shall be held criminally liable.
(3) A child to whom has been caused mental or behavioural
problems as a result of the use of narcotic, psychotropic, toxic
or other intoxicating substances shall be ensured mandatory
medical treatment and social rehabilitation according to the
procedures stipulated by the Cabinet. Resources shall be
allocated in the State budget for this. In case where a child or
his or her parents do not agree to mandatory medical treatment,
it shall be performed if a consent of the Orphan's and Custody
Court of the place of residence of the child has been
received.
[9 March 2000; 31 October 2002; 17 March 2005; 29 June 2008
/ The third sentence of Paragraph three shall come into
force on 1 January 2010. See Transitional
Provisions]
Section 50. The Child and Games,
Films and Mass Media
(1) It is prohibited to show, sell, give as a gift, rent or
promote to a child toys and video recordings, computer games,
newspapers, magazines and other types of publications, in which
cruel behaviour, violence, erotica and pornography are promoted
and which pose a threat to the psychological development of a
child.
(2) Materials, which promote cruel behaviour, violence,
erotica and pornography and which pose a threat to the
psychological development of a child may not be accessible to a
child, irrespective of the form of expression, devices for
showing and location thereof.
(3) Restrictions on radio and television programmes for the
purposes of protection of the rights of the child shall be as
determined by the Electronic Mass Media Law.
(4) It is prohibited for a child to be located in places where
materials of an erotic and pornographic nature are manufactured
or shown or a pornographic performance is prepared or shown.
(5) It is prohibited to involve a child in the manufacture or
distribution of materials of pornographic nature, as well as in
preparation or showings of a pornographic performance.
(6) Issues related to the prohibition of the circulation of
child pornography shall be regulated by the Law On Pornography
Restrictions.
(7) A child who has not reached 16 years of age is prohibited
during school hours without the written permission of the
educational institution administration and during the night to be
located in internet premises, computer salons, internet cafes and
other similar premises where for payment internet and computer
game services are provided. Within the meaning of this Section
the night-time shall mean the time period from 10:00 PM to 6:00
AM, if the relevant local government has not specified stricter
restrictions in relation to the time period.
(8) In accordance with the Gambling and Lotteries Law, a child
may not have access to gaming houses and a child may participate
in gambling.
(9) The Cabinet shall determine the regulations for the
distribution of computer games.
(10) For violation of the prohibitions and restrictions
referred to in this Section, the persons at fault shall be held
liable as laid down in law.
[17 March 2005; 19 October 2006; 29
June 2008; 1 July 2011; 6 March 2014]
Section 50.1 Restrictions
on Involvement of the Child in Events
(1) A child may participate in different activities (events)
if it does not hinder his or her acquisition of education, as
well as does not threaten his or her safety, health, morality or
other substantial interests.
(2) It is prohibited to involve a child in beauty contests or
other similar events, the main objective of which is only
evaluation of their outer appearance.
(3) A child may participate in activities (events), which are
related to the demonstration of outer appearance (modelling
schools, demonstration of clothes, advertisement of goods and
other similar events) only if the restrictions referred to in
Section 72, Paragraphs five and six of this Law are not
applicable to the organiser of the event, the employer, as well
as another person whose work is related to engaging of children
in such events.
(4) The Cabinet shall determine the procedures by which
children may be involved in the events referred to in Paragraph
three of this Section.
(5) Persons shall be held liable according to the law for the
violations of the prohibitions and restrictions referred to in
this Section.
[29 June 2008; 6 March 2014]
Section 50.2 Child Safety
during Public Events or Visits to Public Places
(1) Child safety shall be ensured at public events in which
children participate, or a public recreation activity, sports or
recreation location accessible to children.
(2) [29 June 2008]
(3) The persons referred to in Section 72 of this Law shall be
liable for child safety at public events.
(4) An organiser of a public event who established that a
child has got lost or has been abandoned in such an event, or is
in such conditions, which threaten his or her safety or health,
shall inform the parents of the child or their substitutors or,
if it is impossible, - the Police.
[19 October 2006; 29 June 2008]
Section 50.3 Safety
Requirements upon Provision of Child Supervision Services
(1) If parents or a person under whose care a child has been
transferred is not able to ensure that a child up to seven years
of age is in the presence of a reliable person during their
absence, they have a duty to ensure supervision of the child at
the place of residence of a provider of child supervision
services or another place provided for supervision of a child, or
at a provider of child supervision services who implements a
pre-school educational programme or an interest educational
programme for children.
(2) The restrictions laid down in Section 72 of this Law shall
be also applicable to the provider of child supervision services
(its employees).
(3) A provider of child supervision services shall ensure at
the place where the service is provided an environment
corresponding for the child, which does not cause threats to his
or her safety, life, health, morals and comprehensive
development, as well as ensure the legal representative of the
child with an opportunity to become acquainted with documentation
certifying conformity with the requirements laid down in Section
72, Paragraphs five and six of this Law.
(4) A provider of child supervision services is registered
with the Register of Providers of Child Supervision Services. The
requirements for providers of child supervision services, the
regulations for registration thereof, the administrator of the
Register of Providers of Child Supervision Services and the
information to be included in the Register shall be stipulated by
the Cabinet.
[30 May 2013; 6 March 2014]
Section 51. Protection of the Child
from Illegal Activities
(1) For violence against a child, encouraging or forcing a
child to take part in sexual activities, exploitation or
involvement of a child in prostitution, the persons at fault
shall be held liable as laid down in law.
(2) A child who is a victim of a criminal offence,
exploitation, sexual abuse, violence or any other unlawful, cruel
or demeaning acts, shall, in accordance with procedures
stipulated by the Cabinet, be provided with emergency assistance
free of charge, in order that a child may regain physical and
mental health and reintegrate into society. Such medical
treatment and reintegration shall take place in an environment
favourable to the health, self-esteem and honour of a child,
carefully guarding the child's intimate secrets.
(3) Every person has the duty to inform the police or another
competent authority regarding violence or any other criminal
offence directed against a child. For failing to inform, the
persons at fault shall be held to liability as laid down in
law.
(4) The police has a duty to inform the Orphan's and Custody
Court according to the location of the child regarding the
decision taken by the police on separation, if such decision has
been taken in relation to the threat of harm to the freedom, life
or health of the child or such person who is permanently residing
with the child.
[27 February 2014]
Section 52. Child Victims of
Violence or Other Illegal Acts
(1) Special institutions or sections in general medical
institutions shall be established and special resources allocated
in the State budget for the medical treatment and rehabilitation
of a child who has suffered as a result of violence. Expenditures
for the medical treatment and rehabilitation of the child shall
be covered by the State and shall be collected from the persons
at fault by subrogation procedures.
(2) Special medical treatment shall be provided for a child
who has become ill with a sexually transmitted disease. The
adults at fault for the illness of the child shall be held liable
as laid down in law and the costs of the medical treatment shall
be collected from them.
(3) It is prohibited for a child who has been a victim of
violence (illegal act):
1) to be left alone, except in cases when the child himself or
herself so wishes and this choice is considered appropriate by a
psychologist who has undergone special preparation for work with
children who have suffered from violence;
2) to be left without psychological or other form of care;
3) to be confronted by the possible perpetrator of the
violence (illegal act) while the child is not sufficiently
psychologically prepared for such a confrontation;
4) to be subjected to the use of any compulsory measures in
order to obtain information or for any other purpose.
(4) Out-of-family care shall be provided without delay for a
child who has suffered from violence (illegal act) in his or her
family or for whom a real threat of violence exists, if it is not
possible to isolate the persons at fault from the child.
[9 March 2000]
Chapter
VIII
The Child with Special Needs
Section 53. The Concept of the Child
with Special Needs
A child with special needs is a child who in connection with
an illness, trauma or functional impairment of an organ system
caused by an innate defect has need of additional medical,
pedagogical and social assistance irrespective of whether there
is a determination of disability in accordance with procedures
laid down in law.
[9 March 2000; 29 06 2008]
Section 54. The Right of the Child
with Special Needs to Live a Full Life
A child with special needs has the same right to an active
life, the right to develop and acquire a general and professional
education corresponding to the physical and mental abilities and
desires of the child, and the right to take part in social life,
as any other child.
Section 55. Special Care for the
Child with Special Needs
(1) A child with special needs has the right to special
parental care.
(2) The State and local governments shall assist a child with
special needs to integrate into society and ensure for him or her
education, health care and social services in accordance with
laws and regulations.
(3) A child with special needs, whose care his or her family
is not able to ensure, shall be taken into the full care of the
State or local government in accordance with the procedures laid
down in laws and regulations.
(4) Where a child with special needs is placed for adoption,
the adopters shall be informed regarding the state of health of
the child, developmental characteristics and their consequences,
and the special nature of care for the child.
[9 March 2000; 17 March 2005; 1
July 2011]
Section 56. Preparation of
Pedagogical and Social Workers for Work with Children with
Special Needs
Pedagogical and social workers shall be specially trained for
work with children with special needs. For this purpose the
Ministry of Education and Science and the Ministry of Welfare
shall draw up special training programmes.
Chapter
IX
Liability of a Child for and Prevention of Violations of Law
Section 57. Liability of a Child for
Violations of Law
(1) In accordance with the law a child (hereinafter also -
minor) who has committed an administrative violation after
attaining 14 years of age may be held administratively liable,
but a minor who has committed a criminal offence after attaining
14 years of age may be held criminally liable.
(2) During the time a child is under arrest for an
administrative violation or a criminal offence, in detention,
under custodial arrest or is in a place of imprisonment, the
guarantees of the rights of the child during the safeguarded
period shall be as determined by laws providing for
administrative liability, and regulating criminal procedures or
serving of sentence. Every child has the right to apply with a
submission to institutions for the protection of the rights of
the child. Such communications shall not be censored. The manager
of the institution shall ensure that the submission is sent
without delay to the addressee.
(3) For involving a child in crime or other illegal
activities, the persons at fault shall be held liable as laid
down in law.
[15 May 2003; 17 March 2005]
Section 58. Organisation of Work for
the Prevention of Violations of Law
(1) Work with children for the prevention of violations of law
shall be carried out by local governments in collaboration with
the parents of children, educational institutions, the State
Police, the State Probation Service, if the child is a probation
client, public organisations and other institutions.
(2) A local government shall establish a prevention file and
draw up a programme for social correction of behaviour for each
child who:
1) has committed a criminal offence and is not in detention
during the pre-trial investigation period;
2) is found guilty of the commission of a criminal offence,
but whose sentence is not connected with deprivation of
liberty;
3) is released from criminal liability;
4) is released from imprisonment or from the place where they
are serving sentence;
5) has committed, prior to attaining 14 years of age, illegal
acts set out in The Criminal Law;
6) has committed illegal acts as set out in the Administrative
Violations Code more than two times;
7) begs, is vagrant or performs other acts which may lead to
illegal actions.
(3) The State police may enter into prevention records
children laid down in Paragraph two, Clauses 1 - 6 of this
Section and other children, for whom there is a prevention file
established at a local government, if the drawn up programme for
social correction of behaviour provides for the joint
participation of the police in a specific case.
[9 March 2000; 30 May 2013]
Section 59. Conveying of a Child to
a Police Station
(1) A child shall be conveyed to a police station, if the
child:
1) has committed activities for which criminal liability is
provided;
2) has committed an administrative violation, if it is not
possible to otherwise determine the identity of the child and to
draw up an administrative violation report;
3) is found in a public place in a state of intoxication;
4) is begging;
5) has not attained 16 years of age and is found in a public
place at night without the supervision of parents, guardian,
foster family, the manager of the child care institution or their
authorised representative of legal age. Within the meaning of
this Section the night-time shall mean the time period from 10:00
PM to 6:00 AM, if the relevant local government has not specified
stricter restrictions in relation to the time period.
6) is lost or abandoned, or is found in such circumstances as
are dangerous for a child or may harm his or her development;
or
7) has arbitrarily left his or her family, guardian, foster
family or child care institution.
(2) In the cases provided for in Paragraph one, Clauses 3-7 of
this Section, the conveyance of a child to the police is
permissible if it is not possible to provide assistance to the
child in another way. In cases where the police determine that
the child is vagrant, begging, intoxicated with narcotic or toxic
substances or alcoholic beverages or there is an unfavourable
family environment or that other circumstances exist as may be
harmful to the child, they shall inform the relevant Orphan's and
Custody Court and the social service office.
(3) A child conveyed to the police may not be held together
with adult violators of the law, and the child shall be provided
with constant adult supervision. The child may not be subjected
to any physical or mental influence, and may not be forced to
testify or to confess guilt.
(4) Explanations may be requested from a child who has been
conveyed to a police institution in relation to the circumstances
referred to in Paragraph one of this Section by a police officer
who has the special knowledge laid down in Section
5.1, Paragraph one of this Law in the field of the
protection of the rights of the child, with the participation of
the parent, guardian, representative of the Orphan's and Custody
Court (if the child has been placed with a foster family) or a
child care institution or their authorised person (hereinafter -
parent). If participation of the parent is in contradiction with
the interests of the child, the parent refuses to participate in
requesting explanations or cannot be reached, the police officer
shall invite another person whom the child trusts or a
psychologist.
(5) If a child with special needs has been conveyed to the
police, conditions for satisfying his or her special needs shall
be ensured, as well as a specialist for the provision of medical
and other assistance to the child shall be invited, if
necessary.
(6) The Cabinet shall determine the procedures by which the
police shall ascertain whether the child has special needs, and
invite a competent specialist, as well as determine the
procedures by which the police shall ensure conditions for
satisfying special needs of the child.
[9 March 2000; 15 May 2003; 17
March 2005; 8 March 2007; 29 June 2008; 30 May 2013]
Section 60. Measures to be Taken if
a Child Requires Assistance
(1) If a child has been conveyed to the police institution due
to circumstances referred to in Section 59, Paragraph one of this
Law, the child may be held there until given over to the parents,
guardian, foster family, representative of a child care
institution or their authorised person.
(2) If within a period of four hours it is not possible to
determine the identity of a child and to give the child to his or
her parents, foster family, guardian, child care institution that
he or she has left or their authorised person and if as a means
of security imprisonment is not applied to the child, the police
shall place the child in a foster family, crisis centre or child
care institutions, but if it is not possible in a prevention
institution, and not later than the next working day shall inform
the Orphan's and Custody Court and the local government social
service office thereof.
(3) If a child who has been conveyed to the police is under
the influence of alcoholic beverages, narcotic or toxic
substances or other intoxicating substances or there is suspicion
that the child is being sexually abused, has become the victim of
illegal activities or has been induced to beg, the police shall
determine the circumstances of the acquisition and use of the
intoxicating substances, and the persons who have induced the
child to engage in activities harmful to him or her or have
performed illegal acts against the child.
(4) If a child who has been conveyed to the police requires
medical assistance, the police shall organise the conveyance of
the child to a medical treatment institution and ascertain that
the child has been accepted therein or outpatient medical
treatment assistance has been provided to him or her.
[17 March 2005; 30 May 2013]
Chapter X
Organisation of the Protection of the Rights of the Child
Section 61. Competence of the
Cabinet within the Field of the Protection of the Rights of the
Child
The Cabinet:
1) shall draw up the relevant draft laws and issue the
necessary regulations in regard to the protection of the rights
of the child;
2) shall approve long-term State policy projects in the field
of protection of the rights of the child;
3) [30 May 2013];
4) shall approve a State programme for the preparation of
social educators and social workers;
5) shall approve a programme for the prevention of child crime
and the protection of the child from crime;
6) determine the procedures by which the Latvian central
authority in conformity with the Hague Convention of 25 October
1980 on the Civil Aspects of International Child Abduction shall
perform the activities referred to therein and co-operates with
the authorities of other states and local governments;
7) determine the procedures by which the funds provided for in
the State budget to local governments for catering of pupils of a
basic education institution shall be calculated, granted and
utilised and the daily amount of utilisation of such funds from
the State budget per one pupil.
[9 March 2000; 15 May 2003; 17
March 2005; 19 October 2006; 29 June 2008; 30 May 2013]
Section 62. Competence of the
Ministry of Welfare
(1) The Ministry of Welfare shall:
1) in co-operation with the Ministry of Education and Science,
the Ministry of the Interior, the Ministry of Justice, the
Ministry of Culture and the Ministry of Health, as well as other
State and local government institutions and non-governmental
organisations, develop draft long-term State policies in the
field of the protection of the rights of children, including
draft State policies in the field of alternative care for orphans
and children left without parental care;
2) organise and co-ordinate the supervision of the observation
of the regulatory enactments in the field of the protection of
the rights of children;
3) [26 November 2009];
4) co-ordinate the co-operation of State and local government
institutions in issues related to the protection of the rights of
children and family law within the competence thereof;
5) co-ordinate the work of institutions for out-of-family care
for children in the field of the protection of the rights of
children;
6) ensure the quality assessment of the process of the
protection of the rights of children, analysis thereof and the
preparation of proposals for improvement of the protection of the
rights of children;
7) ensure the preparation of the annual report on the
condition of children in the State and the submission thereof to
the Saeima and the Cabinet;
8) prepare a report on the condition of children in Latvia and
the measures taken for the provision of the rights of children
for submission to the Committee on the Rights of the Child of the
United Nations;
9) inform the society regarding the provisions of the laws and
regulatory enactments adopted in the field of the protection of
the rights of children, as well as regarding the principles of
international law in this field.
(2) The Minister for Welfare shall approve the annual State
programme for improvement of the condition of children and
family, as well as determine the type, criteria and procedures
for the implementation thereof.
[12 June 2009; 26 November 2009; 1
July 2011]
Section 62.1 Competence
of the Ministry of Health
The Ministry of Health shall:
1) draw up State policy projects in the field of child health
care, including in the field of medical rehabilitation;
2) organise and co-ordinate child health care in conformity
with the State programme, laws and other regulatory
enactments.
[15 May 2003]
Section 63. Competence of the
Ministry of Education and Science
(1) The Ministry of Education and Science shall:
1) draw up State policy projects in the field of child
education and sports and organise the implementation of approved
projects;
2) ensure the accessibility and quality of education;
3) in co-operation with the Ministry of Welfare, draw up
educational programmes in the field of protection of the rights
of the child;
4) ensure mandatory inclusion of the content of health studies
in general education programmes;
5) determine the qualifying requirements and criteria to be
met by workers in education, and shall promote the raising of the
qualification level of workers in education;
6) in conjunction with the Ministry of Welfare and Ministry of
Health, draw up the State programme for the preparation of social
workers, social educators and teachers for work with children
with special needs and children who require social and
pedagogical correction of behaviour, and with the families of
such children, and shall co-ordinate the implementation of State
programmes;
7) [15 May 2003];
(2) [15 May 2003];
(3) The Minister for Education and Science shall approve the
annual State programme for youth policy.
[9 March 2000; 15 May 2003; 20 May
2004; 17 March 2005; 12 June 2009]
Section 64. Competence of the
Ministry of the Interior
The Ministry of the Interior shall:
1) in co-operation with the Ministry of Welfare and other
responsible institutions, ensure that a draft programme is drawn
up for a three-year period for the prevention of child crime and
for the protection of the child from crime, and shall co-ordinate
the implementation of such programme;
2) in collaboration with other authorities, carry out measures
in the fight against illegal relocation of children across the
State border and non-return of children from foreign states;
3) ensure special training for police officers for work with
law-breakers who are minors and minors who are victims of
criminal offences, and with their families;
4) [30 May 2013];
[9 March 2000; 17 March 2005; 12
June 2009; 1 July 2011; 30 May 2013]
Section 64.1 Competence
of the Ministry of Justice
(1) The Ministry of Justice shall organise the training of
judges with respect to issues regarding the rights of the
child.
(2) The Ministry of Justice shall ensure that court work is
organised so that priority consideration shall be applicable in
the adjudication of matters associated with the protection of the
rights and the best interests of the child.
(3) [15 May 2003];
[9 March 2000; 15 November 2001; 15
May 2003]
Section 64.2 Competence
of the Ministry of Culture
The Ministry of Culture shall draw up the State programme in
the field of culture and education regarding culture and shall be
responsible for its realisation.
[9 March 2000]
Section 64.3 Competence
of the Office of the Prosecutor General
The Office of the Prosecutor General shall organise training
for prosecutors with respect to issues regarding the rights of
the child and shall ensure that the rights of the child are
observed during pre-trial investigations.
[9 March 2000]
Section 65. Competence of the Minister for Children and
Family Affairs and the Ministry of Children and Family
Affairs [12 June 2009]
Section 65.1 Competence
of the State Inspectorate for Protection of Children's Rights
The State Inspectorate for Protection of Children's Rights
shall supervise and control conformity with the laws and
regulations in the field of protection of the rights of the
child. Inspectors of the State Inspectorate for Protection of
Children's Rights have the right to conduct negotiations and to
interview children without the presence of other persons.
[19 October 2006; 1 July 2011]
Section 65.2 Competence
of the Ombudsman Bureau
The Ombudsman Bureau shall:
1) inform the public regarding rights of the child;
2) examine complaints regarding violations of the rights of
the child, paying particular attention to violations committed by
State or local government institutions and the employees
thereof;
3) submit proposals, which promote the conformity with the
rights of the child.
[17 March 2005; 19 October 2006 /
See Transitional Provisions]
Section 65.3 Competence
of the Administration of the Maintenance Guarantee Fund
The Administration of the Maintenance Guarantee Fund
shall:
1) according to the procedures laid down in the Maintenance
Guarantee Fund Law, ensure the rights of the child to social
security by paying out maintenance from the Maintenance Guarantee
Fund;
2) according to the procedures stipulated by the Cabinet,
issue information from the Maintenance Guarantee Fund applicant
and debtor register.
[8 March 2007]
Section 65.4 Commission
for the Protection of Children's Rights
The Commission for the Protection of Children's Rights
(hereinafter - the Commission) is a collegiate advisory
institution aimed at promoting the implementation of the United
Nations Convention of 20 November 1989 on the Rights of the Child
in Latvia and fulfilling the recommendations of the United
Nations Committee on the Rights of the Child to the Latvian
government which are related to this Convention. The Commission
shall be established, its composition determined and by-law
approved by the Minister for Welfare.
[30 May 2013]
Section 66. Competence of Local
Governments in Protecting Children's Rights
(1) A municipality local government and a town local
government shall analyse the situation in the field of observance
of the rights of the child, and shall develop and implement a
programme for the protection of the rights of the child in the
administrative territory of the municipality or the city.
(2) In conformity with the law, the local government
shall:
1) provide assistance and support to families in which there
are children, guaranteeing shelter, warmth and clothing, and
nutrition appropriate to his or her age and state of health, for
each child residing in the local government territory;
2) provide out-of-family care for children who temporarily or
permanently do not have a family or who in their own interest
should not be left in the relevant family;
3) ensure the children's right to acquire secondary education
and provide them with assistance in vocational training;
4) organise primary health care for mothers and children;
5) organise parental education;
6) provide for primary schools and extracurricular child
institutions, public libraries, and organisation of child
recreation;
7) draw up and implement programmes for work with
street-children;
8) carry out other measures ensuring the rights of the
child.
(3) Orphan's and Custody Courts as guardianship institutions
shall ensure the protection of the personal and property rights
of the child.
(4) [29 June 2008]
(5) The local government shall involve the public in ensuring
the rights of the child and shall co-ordinate the activities of
public organisations.
[9 March 2000; 31 October 2002; 29 June 2008 / The new
wording of Paragraph one and the amendment about deleting
Paragraph four shall come into force on 1 July 2009. See
Transitional Provisions]
Section 67. Delimitation of the
Competence of Local Governments
(1) The municipality local government and the city local
government according to the place of residence of a child shall
be responsible for the protection of the rights of the child. The
local government of the municipality (city) shall keep a record
of every child residing in its territory.
(2) The declared place of residence of the parents of a child
shall be considered the place of residence of the child within
the meaning of this Law. If the declared places of residence of
the parents of the child are located in different administrative
territories, the declared place of residence of the parent with
whom the child lives shall be considered the place of residence
of the child.
(3) If the parents of a child do not have a declared place of
residence, the actual place of residence of the parents of the
child shall be considered the place of residence of the
child.
(4) During the period that a child is located in out-of-family
care, the residence of the child shall remain in the
administrative territory of the local government, which has taken
the decision regarding out-of-family care.
(5) In cases where a child is found in conditions hazardous to
the life or health of the child, assistance shall be provided by
local government and State institutions according to where the
child is located. Lack of secure accommodation, warmth and
clothing, and nutrition appropriate to the age and the state of
health of the child, and violence against the child, shall be
considered conditions hazardous to the life and health of the
child.
(6) If a child alone, or together with his or her parents, is
located in a temporary residence, assistance and support shall be
provided for the child by local government institutions in
accordance with the temporary residence.
(7) Accounting by local governments with regard to the
provision of social services in the cases provided for in
Paragraphs four and five of this Section shall be in accordance
with the procedures laid down in the Law On Social Services and
Social Assistance.
(8) If the guardian or the family, in whose care an orphan or
a child left without parental care has been placed, does not
receive the maintenance expenditures or social assistance
provided for by law, assistance for the child shall be ensured
without delay from State budget resources, pending the taking of
a decision by the relevant local government. The resources paid
out of the State budget shall be collected from the local
government according to the residence of the child.
[9 March 2000; 17 March 2005; 29 June 2008 / The new
wording of Paragraph two shall come into force on 1 July
2009. See Transitional Provisions]
Section 67.1 Statistical
Information Regarding the Status of the Rights of the Child
The Ministry of the Interior, the Ministry of Education and
Science, the Ministry of Welfare, the Ministry of Environmental
Protection and Regional Development, the Ministry of Justice, the
Ministry of Health, the State Inspectorate for Protection of
Children's Rights and local governments shall, within the scope
of their competence, provide statistical information regarding
protection of the rights of the child in the State, regarding
parents whose care or custody rights shall be discontinued or
removed, and regarding families, who together with children have
been evicted from their dwellings, regarding child adoption, the
placing of children in out-of-family care, the application of
compulsory measures of an instructional or medical nature to
children, children being held to criminal liability, regarding
children who have reached the mandatory education age and who are
not attending educational institutions, and regarding children
who have become victims of violence and street-children, as well
as shall submit an appropriate summary report to the Central
Statistics Bureau. The Central Statistics Bureau shall annually
compile the information referred to and submit it to the Ministry
of Welfare and the Ombudsman Bureau.
[15 May 2003; 20 May 2004; 19
October 2006; 12 June 2009; 16 December 2010; 1 July 2011; 30 May
2013]
Section 67.2 Information
System for the Support of Minors
(1) The information system for the support of minors is a part
of the State information system "Integrated Information System of
the Interior", in which the information necessary for the
protection of the rights of the child is included, integrating
information of State and local government institutions, as well
as of medical practitioners regarding minors who need support and
cases when preventive measures should be taken for the protection
of the rights of children.
(2) The purpose of the information system for the support of
minors is to promote the protection of the rights and interests
of children, ensuring processing of the necessary information and
promoting interinstitutional co-operation in the following
issues:
1) defence of the rights and interests of a minor;
2) supervision of ensuring the rights and interests of a
minor;
3) preventive work;
4) provision of social assistance and social services;
5) prevention and resolving of criminal offences and other
violations of the law;
6) searching for a minor;
7) ensuring execution of administrative punishments, criminal
punishments, means of security and compulsory measures of
correctional nature;
8) implementation of settlements and preparation of evaluation
reports on a probation client.
(21) In order to provide social guarantees, as well
as social assistance and social services, additional information
on persons referred to in Section 42, Paragraph one of this Law
who reside in child care institutions after reaching 18 years of
age and persons referred to in Section 43 of this Law who after
reaching 18 years of age have the right to social guarantees
shall be included in the information system for the support of
minors.
(3) The following institutions and persons have the right to
process the information included in the information system for
the support of minors, including personal data, for carrying out
the functions laid down for such institutions and persons in the
laws and regulations governing their activities:
1) the State Police;
2) the Orphan's and Custody Court;
3) the municipality police;
4) the local government social service office;
5) the State Probation Service;
6) the Latvian Prison Administration;
7) a social correction educational institution;
8) the Ombudsman;
9) the Ministry of Welfare;
10) medical practitioners;
11) the Social Integration State Agency;
12) the State Inspectorate for Protection of Children's
Rights;
13) the State Border Guard;
14) the Office of Citizenship and Migration Affairs;
15) the State Social Insurance Agency;
151) child care institution;
16) other State and local government institutions, the laws
and regulations governing activities of which prescribe that the
functions of such institutions are related to the protection of
the rights of children or execution of a criminal punishment or
administrative punishment in relation to minors.
(4) Information characterising the child regarding his or her
interests and habits, place of residence and living environment
may be included in the information system for the support of
minors. Information which has not been obtained within the scope
of administrative proceedings or criminal proceedings and has not
been received with the aid of the resources linking information
systems shall be deemed information characterising the child.
(5) The information characterising the child included in the
information system for the support of minors shall be issued only
to such State and local government institutions, in the laws and
regulations governing activities of which it is laid down that
the functions of such institutions are related to the protection
of the rights of children or execution of a criminal punishment
or administrative punishment in relation to minors.
(6) The information included in the information system for the
support of minors, except the information characterising the
child, shall be stored until the day when the person has attained
24 years of age, also in such case if the person has died before
attaining the relevant age. The information characterising the
child shall be stored in the information system for the support
of minors until the day when the person has attained the age of
majority, or until the day of death if the child has died before
attaining the age of majority. The information referred to in
Paragraph 2.1 of this Law shall be kept for 15 years
from the day when the relevant person has attained the age of
majority.
(7) The Cabinet shall determine the procedures and the extent
in which information shall be submitted to and received from the
information system for the support of minors, as well as the
procedures for processing the information included in the
system.
[30 May 2013; 23 November 2016; 2
March 2017]
Section 68. Competence of Child
Care, Educational and Other Institutions
(1) Child care, instructional, cultural and educational
institutions (kindergartens, children's homes, shelters, schools,
health care institutions, camps and the like) shall ensure the
rights of the child within the scope of their competence as
determined in their articles of association or by-laws.
(2) The maintenance of order in these institutions shall be
ensured by internal procedural regulations that conform to the
requirements of law and do not infringe upon the dignity of
children.
[15 May 2003]
Section 69. Participation of Social
and Religious Organisations in Ensuring the Rights of the
Child
(1) Social and religious organisations shall realise their
programmes for parent and child education, strengthening of the
family, organisation of recreation and in regard to other issues
as provided for in their articles of association, shall organise
public support for protection of the rights of the child, and
shall realise public monitoring of protection of the rights of
the child in general or in regard to specific fields of
protection of the rights of the child in accordance with the
procedures laid down in law.
(2) Religious organisations may involve children in activities
of a religious nature and events conducted by religious
organisations only with written consent from parents, but during
periods of out-of-family care, with the written consent of a
guardian, a foster family or a care and instructional
institution.
(3) Within budget limits, the State and local governments
shall provide financial support to public organisations for the
realisation of programmes devoted to the interests of the family
and children.
[9 March 2000; 15 05 2003]
Chapter
XI
Liability for Failure to Observe Rights of the Child
Section 70. Persons and Institutions
Responsible for the Protection of the Rights of the Child
(1) It is the duty of any subject responsible for protection
of the rights of the child to provide assistance in every case to
a child who has need thereof, evaluating the needs of the
particular child and the circumstances of the respective
situation. If there are doubts regarding minority of a person,
the person shall be deemed a minor until his or her age is
ascertained and such person shall be ensured a respective
assistance.
(2) The child himself or herself and other persons shall have
the right to seek assistance from institutions for the protection
of the rights of the child and other State and local government
institutions and in each case these institutions shall take
statutory action in order to prevent the offence if it has been
established, as well as to provide support and assistance to the
child. The heads of child care, educational, health care and
similar institutions in which children reside shall have the duty
to determine the procedures for submitting and processing
children's complaints and make them known and accessible to
children.
[15 May 2003; 6 March 2014; 2 March
2017]
Section 71. Prohibition from
Disseminating Information Regarding the Child
(1) Information regarding a child obtained by an employee of a
child care, educational, social assistance or other institution
or by an employee of a State or local government institution, in
fulfilling the duties of their office, shall be confidential, and
information, which could in any way harm the future development
of the child or the maintenance of the psychological balance of
the child may not be divulged.
(2) It is prohibited to disseminate personally obtained
information regarding a child who has become a victim, a witness
or has committed a violation of the law, as well as such
information as could harm the child now or in the future.
(3) Taking advantage, for motives of self-interest, of the
information supplied by a child, is prohibited.
(4) It is prohibited to interview a child and disseminate to
the press and other mass media information in regard to the child
who has become a victim or a witness of an illegal activity or
has committed a violation of the law, except in cases where the
child him or herself expresses the desire to openly disclose what
was experienced and the parents or other lawful representatives
of the child consent to it. If criminal procedure has been
commenced, the permission of the person directing the proceedings
is also necessary.
(5) Persons at fault for utilisation or dissemination of
information as is prohibited shall be held disciplinarily liable
or otherwise liable as provided by law.
[15 May 2003; 17 March 2005; 8
March 2007]
Section 72. Liability of Employees
of Child Institutions and Event Organisers
(1) Managers and employees of child care, educational, health
care, and other such institutions where children are staying,
organisers of events for children and such events in which
children take part, persons who perform voluntary work in the
abovementioned institutions and events or provide a service
according to an agreement entered into with such institutions,
shall be liable for the protection of the health and life of the
child, that the child be safe, that he or she is provided with
qualified services and that his or her other rights are
observed.
(2) For violations committed the persons referred to in
Paragraph one of this Section shall be held disciplinarily or
otherwise liable as laid down in law.
(3) In hiring persons for work as managers or employees of
child care, educational, health care, and other such institutions
where children are staying, the employer has a duty to request
information regarding the previous activity, competence and
experience of such persons.
(4) Managers and employees of child care, educational, health
care, and other such institutions where children are staying, as
well as organisers of events, individual merchants, managers of
commercial companies and organisers of voluntary work have a duty
to ensure that such persons participate in organising an event
and fulfil duties in the institution who comply with the
requirements laid down in this Section. In order for a person to
be able to fulfil duties in an institution or to participate in
organising events, the organiser of events or the manager of the
institution has a duty to request information from the Punishment
Register in order to ascertain the compliance of the person with
the requirements referred to in Paragraphs five and six of this
Section, as well as to re-verify such information not less than
once a year. The employer shall request the abovementioned
information regarding the manager of the institution.
(5) Such persons shall not work in child care, educational,
health care, and other such institutions where children are
staying, at events for children and such events in which children
take part, shall not perform voluntary work, as well as shall not
provide services according to an agreement entered into (except
persons who provide extraordinary or temporary services, as well
as services which are provided in the absence of a child):
1) who have been convicted of criminal offences that are
related to violence or threats of violence - irrespective of
whether or not the conviction is extinguished or set aside;
2) who have been convicted of criminal offences against morals
and sexual inviolability - irrespective of whether or not the
conviction is extinguished or set aside;
3) to whom the court has applied the compulsory measures of a
medical nature laid down in The Criminal Law.
(6) If the person referred to in Paragraph five of this
Section has been applied administrative punishment for the
administrative violation referred to in Section 155, Paragraphs
three and four, Sections 167.2, 172, 172.1,
172.2, 172.3, 172.4,
172.5 and 173 of the Latvian Administrative Violations
Code, or for an intentional criminal offence which is not
referred to in Paragraph five, Clauses 1 and 2 of this Section,
the manager of the institution, the employer (regarding the
manager of the institution) or the organiser of the event has a
duty to evaluate whether the person endangers the safety, health
or life of the child. If it does not endanger the safety, health
or life of the child, the manager of the institution, the
employer (regarding the manager of the institution) or the
organiser of the event shall be permitted to work, to perform
voluntary work, as well as to provide services according to the
agreement entered into with such institutions or organisers of
events.
(7) If there are justified suspicions or the manager of the
institution, the employer or the organiser of the event has
information at the disposal thereof that the persons referred to
in Paragraph five of this Section have allowed violations of the
rights of the child or criminal proceedings regarding a criminal
offence, which is referred to in Paragraphs five and six of this
Section, have been initiated against them, or an administrative
violation case has been initiated for the administrative
violations referred to in Paragraph six of this Section, the
manager of the institution, the employer or the organiser of the
event shall ensure that the relevant employees are suspended from
their position (from fulfilling duties) until ascertaining and
evaluation of the circumstances of the matter or until taking of
the final adjudication in the criminal proceedings.
(8) Suspending of the persons referred to in Paragraph five of
this Section may be requested by the State Inspectorate for
Protection of Children's Rights, if it has justified suspicions
regarding potential violations of the rights of the child. The
request of the State Inspectorate for Protection of Children's
Rights shall not be subject to contesting and appeal, it shall be
executed without delay.
(9) Disputes regarding suspending of the persons referred to
in Paragraph five of this Section shall be reviewed in accordance
with the procedures laid down in the Civil Procedure Law. The
court, upon reviewing the abovementioned issue, may evaluate the
validity of the request of the State Inspectorate for Protection
of Children's Rights.
[6 March 2014]
Section 73. Duties of Residents in
Protection of the Rights of the Child
(1) All inhabitants have a duty to safeguard the safety of
their own and other children and to inform not later than the
same day the police, the Orphan's and Custody Court or other
institution for the protection of the rights of the child in
regard to any abuse of a child and criminal offence or
administration violation against a child, violation of the rights
of the child or other threat to a child, as well as when if the
person has suspicions that the child has articles, substances or
materials, which may be a threat to the life or health of the
child himself or herself or of another person.
(2) Health care, pedagogical, social field or police
employees, and elected State and local government officials, who
have received information regarding violations of rights of the
child and who have failed to inform the institutions referred to
in regard to such, shall be held liable as laid down in law for
such failure to inform.
[17 March 2005; 6 March 2014]
Chapter
XII
Final Provisions
Section 74. Refugees and Persons who
have been Granted Alternative Status
(1) If in accordance with international or national law a
child is a refugee or a person to whom has been granted
alternative status, the child shall receive protection and
assistance irrespective of whether the child is together with
parents or other adults or alone in accordance with the Law On
Asylum.
(2) The Orphan's and Custody Court together with the local
government social service office and immigration institutions
shall carry out measures to find the parents of a child and to
determine what possibilities there are for the child to return to
his or her family.
(3) If it is not possible to find the parents of a child, the
refugee child and the child to whom has been granted alternative
status shall be provided with the same care as any other child
who has been left without parental care.
[15 May 2003; 8 March 2007]
Section 75. Child Visitation with
Parents Living in Different Countries
(1) A child whose parents live in another state has the right,
except in special circumstances, to regularly maintain a personal
relationship and direct connection with them (visit with them).
With respect to the right of the parents to enter the State or to
exit from it only such restrictions shall be in force as are laid
down in law and are necessary for the protection of national
security, public order, the health and morals of the public, or
the rights and freedoms of other persons.
(2) A mother or father living in a different state has the
right, in accordance with procedures prescribed, to enter Latvia
for purposes of unification of the family.
Section 76. Crossing the State
Border
(1) A child may cross the State border accompanied by both
parents or one of them, or a guardian, or a person authorised by
them. A child who has attained the compulsory schooling age may
cross the State border independently with the consent of both or
one of their parents or of their guardian.
(2) The Cabinet shall determine the procedures according to
which a child shall cross the State border.
[18 May 2000]
Transitional
Provisions
1. By 31 December 2000, the Cabinet: shall submit to the
Saeima draft laws regarding the necessary amendments to
other laws and by 31 December 2000 it shall submit to the
Saeima a draft law on the application of compulsory
measures of a correctional nature to children.
[9 March 2000; 31 October 2002]
2. Section 29, Paragraph three of this Law that provides for
admission of a mother together with her child to an infant home,
shall come into force on 31 December 1999.
3. For the implementation of Section 64 of this Law, within
two months after the Law comes into force, the local government
shall inform police institutions regarding which child care
institutions or foster families children who require assistance
may be placed in.
[9 March 2000]
4. The Central Statistics Bureau together with the Ministry of
the Interior, the Ministry of Education and Science, the Ministry
of Welfare, the Ministry of Justice, the Minister for Special
Assignments - State Administration and Local Government Matters
and local governments shall, by 1 June 2000, draw up and approve
a unified statistical report system for issues regarding the
protection of the rights of the child.
[9 March 2000]
5. Section 27, Paragraph five of this Law shall come into
force on 1 January 2001.
[9 March 2000]
6. The provisions of Section 11, Paragraph two of this Law
regarding the right of the child to primary school preparation
free of charge, shall come into force on 1 January 2001.
[9 March 2000]
7. Before 1 July 2000 the Cabinet shall issue regulations
regarding the procedures according to which the child shall cross
the State border.
[18 May 2000]
8. [19 October 2006]
9. The provisions of Section 67.1 of this Law
regarding the submission of statistical information in relation
to street-children shall come into force on 1 January 2005.
[15 May 2003]
10. The Cabinet shall, by 1 June 2005, issue the regulations
provided for in Section 12, Paragraph four; Section 20, Paragraph
one; Section 30, Paragraph one and Section 50, Paragraph nine of
this Law.
[17 March 2005]
11. Until the day of the coming into force of the Cabinet
regulations, but not longer than by 1 June 2005, Cabinet
Regulation No. 348 of 2 December 1995, Regulations Regarding the
Importation, Manufacture, Distribution, Public Showing or
Advertising of Materials of an Erotic and Pornographic Nature,
shall be in force.
[17 March 2005]
12. [29 June 2008]
13. Amendments to Section 65.2 of this Law
(regarding the replacement of the words "State Human Rights
Bureau" with the words "Ombudsman Bureau") and Section
67.1 (regarding addition of the words " and Ombudsman
Bureau") shall come into force on 1 January 2007.
[19 October 2006]
14. Amendments to this Law regarding deletion of Section 45
and supplementation of the Law with Sections 45.1,
45.2, 45.3 and 45.4 shall come
into force on 1 October 2008.
[29 June 2008]
15. The Cabinet shall issue the regulations referred to in
Section 31, Paragraph four of this Law by 1 October 2008. Until
the date of the coming into force of the relevant regulations,
but not longer than until 1 October 2008, Cabinet Regulation No.
512 of 9 September 2003, Regulations Regarding the Adoption
Register, shall be applicable insofar as they are not in
contradiction to this Law.
[29 June 2008]
16. Amendments to this Law regarding supplementation of
Section 48, Paragraph five and Section 49, Paragraph three of
this Law with the third sentence shall come into force on 1
January 2010.
[29 June 2008]
17. Section 50.1, Paragraph four of this Law shall
come into force on 1 January 2009. Until the date of the coming
into force of the relevant norm the Cabinet shall issue the
regulations referred to therein.
[29 June 2008]
18. Amendments to this Law regarding rewording of Section 66,
Paragraph one and Section 67, Paragraph one of this Law, as well
as regarding deletion of Section 66, Paragraph four of this Law
shall come into force on 1 July 2009.
[29 June 2008]
19. Section 64, Clause 4 of this Law shall come into force on
1 April 2012.
[1 July 2011]
20. The Cabinet shall issue the regulations provided for in
Section 67.2, Paragraph seven of this Law until 1
September 2013. Until the day of coming into force of the
referred-to Cabinet regulations Cabinet Regulation No. 348 of 22
May 2012, Regulations Regarding the Information System for the
Support of Minors, shall be applicable insofar as it is not in
contradiction with this Law.
[30 May 2013]
21. Until 31 December 2013 the Cabinet shall issue regulations
regarding the procedures by which the police shall ascertain
whether the child has special needs, and invite a competent
specialist, as well as the procedures by which the police shall
ensure conditions for satisfying special needs of the child.
[30 May 2013]
22. Amendments to Section 50.3, Paragraph four of
this Law which provide for the Cabinet stipulating the
requirements for a provider of child supervision services (its
employees) shall come into force on 1 September 2013.
[30 May 2013]
23. Until 31 March 2014 the Cabinet shall issue the
regulations provided for in Section 30, Paragraph one of this
Law. Until the day of coming into force of the Cabinet
regulations provided for in Section 30, Paragraph one of this Law
Cabinet Regulation No. 1536 of 22 December 2009, Regulations
Regarding the Procedures for and Amount of Payment for
Out-of-family Care Services, shall be applicable insofar as it is
not in contradiction with this Law.
[30 May 2013]
24. A child whose parents have been removed the care rights by
a decision of the Orphan's and Custody Court until 31 December
2012 shall be a child left without parental care from 1 January
2013 until the time when the Orphan's and Custody Court takes a
decision to renew the custody rights or the bring a claim to the
court regarding removal of custody rights.
[30 May 2013]
25. The persons referred to in Section 5.1,
Paragraph one, Clauses 1, 2, 3, 4, 5, 7, 8, 9, 10, 12, 13, 15,
16, 18, 19 and 20 of this Law who have not acquired the special
knowledge in the field of the protection of the rights of the
child shall acquire them not later than by 31 December 2014.
[6 March 2014]
26. The persons referred to Section 5.1, Paragraph
one, Clauses 6, 11, 14 and 17 of this Law, as well as in Section
5.1, Paragraph one, Clause 19.1 of this Law
who represent or defend minors in criminal proceedings, shall
acquire the special knowledge referred to in Section
5.1, Paragraph 1.1 of this Law not later
than until 31 December 2017.
[6 March 2014]
27. The persons referred to Section 5.1, Paragraph
one, Clause 19.1 of this Law who do not represent or
defend minors in criminal proceedings, shall acquire the special
knowledge in the field of the protection of the rights of the
child not later than until 31 December 2019.
[6 March 2014]
28. The persons who have not acquired the special knowledge in
the field of the protection of the rights of the child are
entitled to perform work or official duties until expiry of the
time period laid down in Paragraphs 25, 26 and 27 of Transitional
Provisions of this Law.
[6 March 2014]
29. Until 31 December 2014 the employer, the manager of the
institution and the State Office of the Quality of Education,
accordingly, shall ensure the compliance of the persons referred
to in Section 50.1, Paragraph three, Section
50.3, Paragraph two and Section 72, Paragraph five of
this Law with the requirements of Section 72 of this Law.
[6 March 2014]
30. If the binding regulations of local governments contain a
definition of a large family which differs from the definition
laid down in Section 1, Clause 16 of this Law, the definition
provided for in the binding regulations of the local government
shall be applicable but not later than by 31 December 2016.
[26 November 2015]
31. Amendments to Section 1, Clause 16, the title of Section
26 (formulating the title in a new wording) and Paragraph six of
this Section shall come into force on 1 January 2016.
[26 November 2015]
32. The Cabinet shall issue the regulations provided for in
Section 26, Paragraph six of this Law until 31 December 2015.
[26 November 2015]
33. The Cabinet shall issue the regulations provided for in
Section 6, Paragraph three of this Law until 31 July 2017.
[2 March 2017]
Informative
Reference to European Union Directives
[6 March 2014;
26 November 2015]
This Law contains legal norms arising from:
1) Directive 2011/92/EU of the European Parliament and of the
Council of 13 December 2011 on combating the sexual abuse and
sexual exploitation of children and child pornography, and
replacing Council Framework Decision 2004/68/JHA;
2) Directive 2011/95/EU of the European Parliament and of the
Council of 13 December 2011 on standards for the qualification of
third-country nationals or stateless persons as beneficiaries of
international protection, for a uniform status for refugees or
for persons eligible for subsidiary protection, and for the
content of the protection granted.
3) Directive 2012/29/EU of the European Parliament and of the
Council of 25 October 2012 on establishing minimum standards on
the rights, support and protection of victims of crime, and
replacing Council Framework Decision 2001/220/TI;
4) Directive 2013/32/EU of the European Parliament and of the
Council of 26 June 2013 on common procedures for granting and
withdrawing international protection (recast);
5) Directive 2013/33/EU of the European Parliament and of the
Council of 26 June 2013 laying down standards for the reception
of applicants for international protection (recast).
This Law has been adopted by the Saeima on 19 June
1998.
President G. Ulmanis
Rīga, 8 July 1998
1 The Parliament of the Republic of
Latvia
Translation © 2017 Valsts valodas centrs (State
Language Centre)