Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
9 March 2000 [shall come
into force on 11 April 2000];
18 May 2000 [shall come into force on 8 June 2000];
15 November 2001 [shall come into force on 18 December
2001];
31 October 2002 [shall come into force on 22 November
2002];
15 May 2003 [shall come into force on 17 June
2003];
20 May 2004 [shall come into force on 27 May 2004];
17 March 2005 [shall come into force on 15 April
2005];
19 October 2006 [shall come into force on 15 November
2006];
8 March 2007 [shall come into force on 10 April
2007];
29 June 2008 [shall come into force on 29 July
2008];
12 June 2009 [shall come into force on 1 July
2009];
15 October 2009 [shall come into force on 18 November
2009];
26 November 2009 [shall come into force on 1 January
2010];
4 March 2010 [shall come into force on 7 April
2010];
16 December 2010 [shall come into force on 1 January
2011];
1 July 2011 [shall come into force on 3 August
2011];
4 August 2011 [shall come into force on 1 October
2011];
30 May 2013 [shall come into force on 4 July 2013];
27 February 2014 [shall come into force on 31 March
2014];
6 March 2014 [shall come into force on 8 April
2014];
26 November 2015 [shall come into force on 29 December
2015];
23 November 2016 [shall come into force on 1 January
2017];
2 March 2017 [shall come into force on 28 March
2017];
22 November 2017 [shall come into force on 1 July
2018];
3 May 2018 [shall come into force on 1 June 2018];
13 November 2019 [shall come into force on 1 January
2020];
12 December 2019 [shall come into force on 6 January
2020];
11 June 2020 [shall come into force on 23 June
2020];
1 October 2020 [shall come into force on 28 October
2020];
25 February 2021 [shall come into force on 3 March
2021];
25 March 2021 (Constitutional Court Judgment) [shall come
into force on 30 March 2021];
11 November 2021 [shall come into force on 8 December
2021];
16 November 2021 [shall come into force on 1 January
2022];
16 December 2021 [shall come into force on 1 July
2022];
8 March 2023 [shall come into force on 1 April
2023];
20 April 2023 [shall come into force on 16 May
2023];
27 April 2023 [shall come into force on 16 May
2023];
7 December 2023 [shall come into force on 1 January
2024];
20 June 2024 [shall come into force on 29 June 2024].
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.
|
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;
31) specialised foster family - a foster
family which ensures care for a child of a certain target group
to whom special care is necessary;
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 on 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, and also children for whom social
rehabilitation is necessary or special care due to their state of
health, is ensured;
9) [12 December 2019];
91) violence - physical or emotional cruelty
of any kind, sexual exploitation, neglect, or another treatment
which endangers or may endanger the health, life, development, or
self-respect of a child;
10) sexual exploitation - any action of sexual nature
towards the child with the purpose to provide or obtain sexual
stimulation or sexual satisfaction, or another benefit which is
performed by an adult or another child who, due to his or her age
or development, is in the position of authority, trust, or power
in relation to the victim, with physical contact or without such
contact with the child's body, including subjecting the child to
the sexuality of others or using information or communication
technologies;
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 smoke of tobacco products or herbal products
for smoking or vapour of electronic smoking devices;
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) [11 June 2020];
131) negligence - the failure to fulfil
child care and supervision responsibilities or perfunctory,
negligent fulfilment thereof;
132) neglect - continuous or systematic
negligence against a child which harms or may harm the
development of the child or causes physical or psychoemotional
suffering to the child;
133) failure to fulfil child care
responsibilities - the failure to ensure the physical,
emotional, social needs, health care and education of a child,
and also care that is not appropriate for the age of the child
and endangers the health and development of the child in
long-term;
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 attained
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, or performs the national defence service for
11 months;
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;
18) [27 April 2023].
[17 March 2005; 29 June 2008; 15 October 2009; 30 May 2013;
26 November 2015; 22 November 2017; 12 December 2019; 11 June
2020; 11 November 2021; 20 April 2023; 27 April 2023; 20 June
2024]
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 governs the criteria by which the behaviour
of a child shall be controlled and the liability of a child shall
be determined, governs 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. 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,
except for 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;
5) the safety of the child, and also 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 a social rehabilitator;
2) the Chairperson of an Orphan's and Custody Court, the
Vice-Chairperson of an Orphan's and Custody Court, the Member of
an Orphan's and Custody Court, the assistant to the Chairperson
of an Orphan's and Custody Court, the assistant to the Member of
an Orphan's and Custody Court, and the person if he or she
ensures legal support to the Orphan's and Custody Court in
drawing up the decision and performing other tasks assigned to
the Orphan's and Custody Court according to the assignment of the
local government council;
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 chairperson, the deputy chairperson, and members of the
local government administrative committee or the chairperson, the
deputy chairperson, and members 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 official of the Child Protection Centre;
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;
192) a bailiff;
193) a forensic psychology expert who is carrying
out the assessment of the psychological condition of
children;
194) a sworn notary;
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, and also
in order for the persons referred to in Paragraph one, Clause
19.4 of this Section to acquire special knowledge in
the field of the protection of the rights of the child, the Child
Protection Centre 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, and
also the content and extent of such knowledge shall be determined
by the Cabinet.
[30 May 2013; 6 March 2014; 3 May 2018; 12 December 2019;
11 June 2020; 11 November 2021; 7 December 2023 / See
Paragraph 54 of Transitional Provisions]
Section 5.2 Psychological
Assessment Report in Matters Related to the Protection of the
Rights of the Child
(1) A psychologist who is certified in the field of the
professional activity of clinical and health psychology or legal
psychology and who has accumulated a three-year professional
activity in the assessment of children or families is entitled to
provide a psychological assessment report on the results of the
psychological assessment for a court, an Orphan's and Custody
Court, the police, and the Office of the Prosecutor in matters
related to the protection of the rights of the child. Information
in accordance with that laid down in the Psychologist Law shall
be indicated in the assessment report.
(2) [11 November 2021]
[30 May 2013; 11 November 2021]
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, and also courts and other law enforcement
institutions, the ensuring of the rights and interests of the
child shall take priority. These persons shall take into
consideration the best interests of the child in all activities
which directly or indirectly affect or may affect the child:
1) in evaluating any case related to the child;
2) in acting in any matter related to the child;
3) in taking any decision in relation to the child.
(21) In determining the best interests of the
child, it shall be necessary to aim for a solution that is
sustainable for the situation of the child taking into account,
according to the situation, the extent to which the measures to
be taken ensure:
1) emotionally close, permanent, family-like relationships for
the child;
2) education corresponding to the needs and abilities of the
child;
3) health protection corresponding to the needs of the
child;
4) care corresponding to the age, emotional and physical needs
of the child;
5) support for balanced mental and physical development of the
child;
6) possibility for the child to develop his or her
individuality, abilities, and interests;
7) participation of the child in decision-making processes
related to him or her;
8) listening to the opinion of the child and taking it into
consideration according to the age, maturity, ability of the
child to formulate an opinion;
9) protecting of the child from a conflict of loyalty;
10) safe environment for the child to grow up and develop,
protection from violence, threat, antisocial behaviour, and
influence of addictions;
11) preservation of the identity of the child;
12) forming of the sense of responsibility of the child;
13) other circumstances of significance to the development and
welfare of the child.
(3) Protection of the rights of the child shall be implemented
in collaboration with the family, State and local government
authorities, 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 determined 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; 11 November
2021]
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 7.1 Rights of the
Child to the Family
Every child has an inalienable right to the family.
[3 May 2018]
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. The State and local government shall ensure the
assessment of special needs for all children upon commencement of
the compulsory education, and shall ensure individual pedagogical
and psychological support measures appropriate for the needs of
the child in State, local government, and private educational
institutions.
(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
accordance 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; 1 October 2020 / Amendment to
Paragraph one regarding the assessment of special needs of all
children shall come into force on 1 September 2021. See
Paragraph 42 of 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. The State shall ensure an
early assessment of development for all children from one and a
half to three years of age in order to facilitate the timely
recognition of development disorders and possible special
needs.
(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; 1 October 2020 /
Amendment to Paragraph two shall come into force on 1 July
2021. See Paragraph 43 of Transitional Provisions]
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 implementation
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, and also international agreements binding on
Latvia.
[9 March 2000]
Section 19. Information Regarding
Rights and Obligations 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
obligations of the child.
(2) The State shall inform the public of 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 of 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 implementation 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
Obligations of the Child
Section 22. Obligations of the Child
in the Home
(1) A child has an obligation 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. Obligations of the Child
Toward the Society
(1) A child is a full-fledged member of the society. The
obligations of a child towards the society shall increase in
correspondence with the age of the child.
(2) A child has the obligation to study commensurately 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 obligation 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
the 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 obligation to treat the surrounding
environment with care.
[9 March 2000]
Chapter V
Child and Family
Section 24. Obligations of Parents
towards the Child
(1) In accordance with the provisions of the Civil Law,
parents have an obligation 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 obligation 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 interests of the child.
(3) Parents are the natural guardians (lawful representatives)
of a child. It is their obligation 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) Parents or a person under whose care or supervision a
child has been transferred (hereinafter - the person who is
responsible for the supervision of the child) has an obligation
not to leave a child up to seven years of age without presence of
an adult or at least a person of 13 years of age.
(7) Parents have an obligation to cooperate with the social
service office and to use the family support and assistance
programmes offered if violence or other violations of the rights
of the child in the care of a child have been detected. The
social service office shall inform an Orphan's and Custody Court
of refusal from cooperation.
[9 March 2000; 15 May 2003; 17 March 2005; 30 May 2013; 12
December 2019; 1 October 2020; 11 November 2021]
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 government shall
support the family, particularly a large family and a family
which cares for a child with disability, 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 education,
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 evaluating the contribution and increasing the prestige
in the society and also in order to promote and support voluntary
involvement of local governments, merchants, and other persons in
supporting large families and families which care for a child
with a disability or in which there is a person who has not
reached the age of 24 years and for whom Group I or II disability
has been determined, the Society Integration Foundation shall
ensure the implementation of the State support programme "Latvian
Honorary Family Certificate Programme". The procedures for
implementing the abovementioned programme, including the cases
and procedures for granting, issuing, using, cancelling the
honorary family certificate, and also the restrictions for the
receipt of the certificate shall be determined by the Cabinet.
The Cabinet may determine additional target groups to receive
support in accordance with the State support programme "Latvian
Honorary Family Certificate Programme".
(7) [1 January 2022 / See Paragraph 44 of Transitional
Provisions]
(8) To ensure support for the families of the target group of
the State support programme "Latvian Honorary Family Certificate
Program" referred to in Paragraph six of this Section and also
the establishment of unified accounting and statistics, the State
information system shall process identity data of family members,
contact information, information on the residence and the
inclusion of a person in the Register of Debtors, child's date of
birth, information on child's custody rights, and information on
disability and fact of the acquisition of education, and also
information on the submitted application and the decisions taken
on the basis thereof.
[9 March 2000; 31 October 2002; 17 March 2005; 15 October
2009; 26 November 2015; 12 December 2019; 25 February 2021; 16
November 2021; 20 April 2023 / Paragraph eight of the
Section shall come into force on 1 October 2023. See
Paragraph 51 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, and also 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;
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 the family, out-of-family
care shall be ensured for him or her by a guardian or in a foster
family. Out-of-family care in a child care institution shall be
ensured only in such cases when 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.
(31) [3 May 2018 / See Paragraph 35 of Transitional
Provisions]
(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
for special cases where it is done in the best interests of the
children;
2) upon 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 on his or her
out-of-family care has not been taken yet, the police may refuse
to notify the parents of the child, and also 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, and also 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 and the child care
institution, the educational institution, the medical treatment
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 of it not later than
on the next working day. Having received this information, the
Orphan's and Custody Court shall decide on the termination 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; 3 May 2018 / The new wording of Paragraph three
and the amendment on deleting Paragraph 3.1 shall come
into force on 1 September 2018. See Paragraph 35 of
Transitional Provisions]
Section 27.1 Separation
of the Child from Family in Order to Execute a Ruling 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 a ruling 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 ruling 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 ruling in accordance
with the procedures laid down in laws and regulations, without
separating the child from family.
(2) Upon separating the child from family, the Orphan's and
Custody Court shall ensure the protection of personal interests,
and also 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 ruling, - 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 ruling 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. Termination and Removal
of Custody Rights
(1) Custody rights shall be terminated or removed in
accordance with the Civil Law and the Law on Orphan's and Custody
Courts.
(2) In the case provided for in Section 27, Paragraph one,
Clause 3 of this Law, the ruling shall be made by the court. In
the cases provided for 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; 3 May
2018]
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 upon request of his
or her parents, if they are not able to care of the child due to
their state of health.
(2) Upon 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 an obligation 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 specified 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 an obligation 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 laws, a child may be adopted to a foreign country
if the Hague Convention of 29 May 1993 on Protection of Children
and Co-operation in Respect of Intercountry Adoption as well as
the Convention on the Rights of the Child of 20 November 1989 is
binding on this country and if Latvia has entered into a
bilateral agreement with it which determines the nature of mutual
legal cooperation in the field of intercountry adoption. A child
may be adopted to a foreign country if the Orphan's and Custody
Court which decided on out-of-family care receives an opinion of
the Intercountry Adoption Commission which includes a conclusion
that the adoption process to a foreign country complies with the
principles of protection of the rights of the child and the best
interests of the child. A child may be adopted by a person or
spouses within the meaning of Article 110 of the Constitution of
the Republic of Latvia. If a child is being adopted by his or her
relative or if a child of the other spouse is being adopted, the
child may be adopted to a foreign country which is not bound by
the conventions referred to in the first sentence of this
Paragraph and also without the opinion of the Intercountry
Adoption Commission.
(4) The Ministry of Welfare shall establish and keep the
Adoption Register. The Cabinet shall determine the data to be
included in the Adoption Register on the children to be adopted,
adopters, adoption process, and also the amount of such data,
data processing regulations and procedures.
(5) The Cabinet shall determine the procedures for the
establishment of the Intercountry Adoption Commission, its
members, competence, organisation of work, and the procedures for
taking the decisions by the Commission.
[9 March 2000; 29 June 2008; 15 October 2009; 12 December
2019; 16 December 2021; 20 April 2023; 27 April 2023]
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, to ensure circumstances for the
development and welfare of the child, to prepare the child for an
independent life in society, as far as possible respecting his or
her individuality and observing his or her abilities and
interests.
[1 October 2020]
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, and also with brothers, sisters, grandparents, and
persons with whom the child has lived for a longer period of time
in a common household, except for the 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. Submitting of an
application to the court shall not suspend the operation of the
abovementioned 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 terminated 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 of 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 on 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) The procedures by which a guardian is appointed and the
obligations of a guardian towards a child shall be determined by
the Civil Law, the Law on Orphan's and Custody Courts, and the
regulations governing the activity of Orphan's and Custody
Courts.
(11) A person who has been recognised by the
Orphan's and Custody Court to be suitable for the fulfilment of
the obligations of a guardian or has been appointed as a guardian
for a child shall complete the guardian training programme.
Guardian training is organised by the out-of-family care support
centre referred to in Section 36.1, Paragraph two of
this Law. The procedures and time limits for the completion of
and agreement upon the guardian training programme, the
requirements for the content of the training programme and its
drawing up criteria, and also any exceptions when a person is not
required to complete the training programme shall be determined
by the Cabinet.
(2) [8 March 2023]
(21) The Child Protection Centre shall, within the
framework of the allocated State budget resources, 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 an obligation 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 an
obligation 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 ruling regarding recovery of maintenance in
accordance with the procedures laid down in the Civil Procedure
Law or if parents carry out the court ruling 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; 12 December 2019; 8 March 2023; 7
December 2023]
Section 36. Care of a Child in a
Foster Family
(1) The Orphan's and Custody Court shall grant the status of a
foster family, including the status of a specialised foster
family, and shall take care of entering into the child care
agreement with the foster family. The Cabinet shall determine the
criteria for the recognition of a family (person) as a foster
family or specialised foster family, and also the types of
specialised foster families.
(11) After the decision of the Orphan's and Custody
Court is taken on the suitability of the family or person for the
status of a foster family, including the status of a specialised
foster family, the support centre referred to in Section
36.1 of this Law shall organise the training for
foster families.
(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 Cabinet shall determine the amount
of funds for the maintenance of the child.
(21) The State shall ensure remuneration for the
fulfilment of a specialised foster family's duties according to
the funds assigned in the law on the State budget for the current
year. The amount of remuneration, the procedures for granting,
disbursing, reviewing, and discontinuing thereof, and also the
documents to be submitted by the foster family necessary for the
receipt of remuneration shall be determined by the Cabinet.
(3) The legal relationship of a child and a foster family
shall be governed by Cabinet regulations.
[17 March 2005; 22 November 2017; 13 November 2019; 12
December 2019]
Section 36.1 Support for
the Provision of Out-of-family Care Services
(1) The State shall provide the financial support for the
provision of out-of-family care services according to the funds
assigned in the law on the State budget for the current year.
(2) The support for the provision of out-of-family care
services shall be ensured by the out-of-family care support
centre (hereinafter - the support centre).
(3) The Cabinet shall determine the criteria for the
establishment of the support centres, the conditions and
procedures for granting and cancelling the status of the support
centres, and also the requirements for the support centres.
(4) The Cabinet shall provide for provisions for granting the
State financing to the support centres, the amount of the
financing, and also the procedures by which the support is to be
provided.
[22 November 2017; 20 April 2023]
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 - in accordance with 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 determined 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 ruling 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 of his or
her rights and obligations 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,
and also 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 specified 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;
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 determined 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 period of time in a
care institution, with a guardian, or in a foster family may be
permitted up to the end of the academic year if the child
continues his or her education.
(2) In the cases specified in Paragraph one of this Section,
six months prior to leaving the institution the manager thereof
shall provide information in writing to a child on the guarantees
specified in law, also the right to receive residential
premises.
(3) A ruling regarding terminated or removed custody rights
shall be made 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; 12
December 2019]
Section 43. Provision of Assistance
after Termination of Out-of-family Care
(1) Upon 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 accordance 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
according to 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, a guardian, and a child care institution
shall inform the parents of 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
cooperation 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 cooperation 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 expenditures 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 according to 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 country, the rights and obligations
of the parties, and also 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 country.
(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 cooperation 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 on 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 convicted of committing an intentional
criminal offence related to violence or threatening violence -
until the day when the conviction is extinguished or set
aside;
2) who has been convicted of a criminal offence against morals
or sexual inviolability - regardless of extinguishing or setting
aside of conviction;
3) who has been revoked from fulfilling the obligations 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 obligations
according to the interests of the child;
5) to whom custody rights have been removed 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
specified 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 obligations 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 obligations 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
obligations of a guest family according to the interests of the
child.
(4) For the spouses or the person who has fulfilled the
obligations 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; 20 April 2023]
Section 45.4 Placement of
a Child under Parental Care and Out-of-family Care into Care of
Another Person in a Foreign Country and Supervision of Care
(1) Parents may place the child into care of another person in
a foreign country 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 in a child care institution or foster family who
has attained the age of 12 years may be temporarily placed into
care of another person in a foreign country if the child wants it
and if the child care institution or foster family agrees to it
and the Orphan's and Custody Court which has taken the decision
on the out-of-family care of the child 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.
(21) A child under the guardianship may be
temporarily placed into care of another person in a foreign
country if the child wants it and if the guardian agrees to it
and the Orphan's and Custody Court which has taken the decision
on the out-of-family care of the child 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.
(22) In exceptional case a child in a child care
institution and foster family who is younger than 12 years may be
temporarily placed into care of another person in a foreign
country if the child is placed into care of another person in a
foreign country together with his or her brothers and sisters,
step-brothers and step-sisters of whom at least one has reached
the age of 12 years.
(3) Before the Orphan's and Custody Court takes a decision to
place a child into care of another person in a foreign country,
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 country:
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 notarised 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 country, the rights and obligations
of the parties, and also 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 country.
(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 on 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 cooperation with
the competent authority for the protection of the rights of
children of the relevant country 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 cooperation 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 country 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; 3 May 2018 / The new
wording of Paragraph two, and also Paragraphs 2.1 and
2.2 shall come into force on 1 September 2018.
See Paragraph 35 of Transitional Provisions]
Chapter
VII
The Child and his or her Living Environment
Section 46. 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 an obligation to provide relevant
information on 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 obligation 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 and Energy
Drinks
(1) A child may not smoke, use smokeless tobacco products and
tobacco substitute products, keep tobacco products and tobacco
substitute products, herbal products for smoking, electronic
smoking devices or their refill containers, and also keep and use
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 is 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, tobacco substitute 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, and also
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, and also sale or
advertising of alcoholic beverages, except for the 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, the 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, tobacco substitute products,
herbal products for smoking, electronic smoking devices, or their
refill containers may not be sold to children.
(4) Persons guilty of involving children in the smoking, use
of smokeless tobacco products, or tobacco substitute products,
and also the use of alcoholic beverages or energy drinks shall be
held liable before the law. Supplying the child with tobacco
products or tobacco substitute products, herbal products for
smoking, electronic smoking devices, or their refill containers,
alcoholic beverages or energy drinks shall also be deemed to be
involvement of the child in the smoking, use of smokeless tobacco
products or tobacco substitute products, and also the use of
alcoholic beverages or energy drinks.
(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 in
accordance with 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; 11 June 2020; 20 April 2023
/ Amendments regarding the new wording of the first sentence
of Paragraph one and Paragraph four and amendments to Paragraphs
two and three on the protection of a child from the effect of the
use of tobacco substitute products shall come into force on 8
February 2024. See Paragraph 53 of Transitional
Provisions]
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 in accordance with
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 49.1 Protection
of a Child Against Begging
It is prohibited to involve or use a child in begging.
[12 December 2019]
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 or the identity 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 and
audiovisual services for the protection of the rights of the
child shall be determined, upon request, 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, and also in
preparation or showings of a pornographic performance.
(6) Issues related to the prohibition of the circulation of
child pornography shall be governed by the Law on Pornography
Restrictions.
(7) A child who has not attained 16 years of age is prohibited
from being located in internet halls, computer salons, internet
cafes, and other similar premises where internet and computer
game services are provided for a fee during school hours without
written permission of the administration of the educational
institution.
(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; 12 December 2019; 11 November 2021]
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, and
also does not threaten his or her safety, health, morality or
other rights of the child and substantial interests, and also the
security of the State.
(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.
(21) It is prohibited to involve a child in the
activities (events) of military nature organised by a foreign
country or another entity in international law, except for the
cases when the child is participating in the activities (events)
of military nature organised by the European Union, the North
Atlantic Treaty Organisation, a European Union Member State, a
European Free Trade Association Member State, a North Atlantic
Treaty Organisation Member State, the Commonwealth of Australia,
the Federative Republic of Brazil or the New Zealand or the
activities of military nature organised by such country with
which the Republic of Latvia has entered into the agreement on
recognition of dual citizenship.
(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, and also
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 in accordance with the law
for the violations of the prohibitions and restrictions referred
to in this Section.
[29 June 2008; 6 March 2014; 3 May 2018]
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.
(5) A child who has not attained 16 years of age is prohibited
to be present in a public place during night-time without the
presence of an adult person who is responsible for the
supervision of the child. Within the meaning of this Law,
night-time shall mean the period of time from 22:00 to 6:00.
[19 October 2006; 29 June 2008; 12 December 2019]
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 an obligation 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, and also 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 determined by
the Cabinet.
[30 May 2013; 6 March 2014]
Section 51. Protection of the Child
from Illegal Activities
(1) For violence or negligence 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, negligence, or any other
unlawful, cruel or demeaning acts shall, in accordance with the
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-respect, and honour of
a child, carefully guarding the child's intimate secrets.
(3) [20 April 2023]
(4) The police has an obligation to inform the Orphan's and
Custody Court according to the location of the child of 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; 11 November 2021; 20 April 2023]
Section 52. Child Victims of
Violence or Other Illegal Acts
(1) Special institutions or sections in general medical
treatment institutions shall be established and special resources
shall be allocated in the State budget for the medical treatment
and medical rehabilitation of a child who has suffered as a
result of violence or negligence. Expenditures for the medical
treatment and medical rehabilitation of the child shall be
covered by the State and shall be collected from the persons at
fault by subrogation procedures.
(11) The obligation to reimburse the State for the
expenses of social rehabilitation services provided to a child
victim shall lie with the person who has committed the criminal
offence as a result of which the child has suffered.
(12) The obligation specified in Paragraph
1.1 of this Section shall not be applicable to a
person who has been found guilty by a ruling which has entered
into effect for the criminal offence referred to in Section 174
of the Criminal Law if due to the criminal offence committed by
the person the child of this person has suffered and if, at the
moment when the ruling enters into effect, the person has not
been suspended or revoked the right of custody over the victim
child or it has been renewed.
(13) The expenses referred to in Paragraph
1.1 of this Section shall be recoverable in accordance
with the procedures laid down in the Administrative Procedure Law
by processing the guilty person's identity data, contact
information, information on residence and criminal records,
information on the criminal offence committed against the victim
child, and also information related to the recovery of expenses.
The Cabinet shall determine the procedures and amount for the
reimbursement of expenses and also the amount and procedures for
processing personal data necessary for the recovery of expenses,
and the authority competent to recover the expenses.
(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 or negligence (illegal act):
1) to be left alone, except for the 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 child victims of 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; 11 November 2021; 20 April 2023 /
Paragraphs 1.1,1.2, and 1.3
shall come into force on 1 July 2024. See Paragraph 52 of
Transitional Provisions]
Section 52.1 Support for
a Child Victim of Violence
(1) In order to provide support to child victims of violence
and their non-abusive relatives and also to ensure the
possibility to take criminal procedural action, the
interinstitutional cooperation programme "Child's Home" is
implemented and it is ensured by the Child Protection Centre.
(2) The interinstitutional cooperation programme "Child's
Home" has the following objectives:
1) to ensure in one place intervention measures corresponding
to the best interests of a child victim of violence, including
the assessment of the child's needs and risks, medical,
psychological, and social support for the child and his or her
non-abusive relative;
2) to ensure the possibility to take criminal procedural
action for children who have suffered from criminal offences
against morality and sexual inviolability and also from the
criminal offences referred to in Section 125, Paragraph two,
Clause 9, Section 126, Paragraph two, Clause 7, Section 130,
Paragraph three, Clause 6, and Section 174 of the Criminal
Law;
3) to coordinate and ensure that competent authorities
exchange information, process the necessary data of a child
victim of violence and of other persons related to him or her,
including special categories of personal data required to
exercise the powers of the competent authorities when leading the
case of abuse against a child without repeated gathering of one
and the same information from the child (repeated questioning of
the child etc.), and also to ensure the retention of the
information received and to create statistical analysis.
(3) For the fulfilment of the objectives of the
interinstitutional cooperation programme "Child's Home", the
competent authorities shall process the data of a child victim of
violence and of other persons related to him or her, including
special categories of personal data.
(4) The procedures for the organisation of the implementation
of the interinstitutional cooperation programme "Child's Home",
for the provision of services and the performance of
interinstitutional cooperation procedures, and also the extent of
and procedures for the processing of personal data shall be
determined by the Cabinet.
[20 April 2023; 7 December 2023 / See Paragraph 54
of Transitional Provisions]
Section 52.2 Supervisory
Board of the Interinstitutional Cooperation Programme "Child's
Home"
(1) The supervision of the interinstitutional cooperation
programme "Child's Home" shall be implemented by a collegial body
the activities of which are organised by the Child Protection
Centre. The supervisory board of the interinstitutional
cooperation programme "Child's Home" shall consist of the
representatives of the Ministry of Welfare, the Ministry of
Justice, the Ministry of the Interior, the Ministry of Health,
the Child Protection Centre, the State Police, the Office of the
Prosecutor of the Republic of Latvia, valsts sabiedrība ar
ierobežotu atbildību "Bērnu klīniskā universitātes slimnīca"
[State limited liability company Children's Clinical University
Hospital], the association Latvijas Bērnu labklājības
tīkls [Latvian Child Welfare Network], and the
representatives of the State Centre for Forensic Medical
Examination. The establishment, working procedures, and functions
of the supervisory board shall be determined by the by-laws of
the board.
(2) The aim of the supervisory board of the interinstitutional
cooperation programme "Child's Home" is to evaluate the work of
the programme and to promote its development and work
quality.
[20 April 2023; 7 December 2023 / See Paragraph 54
of Transitional Provisions]
Chapter
VIII
Child with Special Needs
Section 53. 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 June 2008]
Section 54. 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 of 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.
[12 December 2019]
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 - the
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 governing 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;
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 provided for in the Criminal Law;
6) has committed an administrative offence more than
twice;
7) begs, is vagrant, or performs other acts which may lead to
illegal actions.
(3) The State Police may enter into prevention records
children indicated 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; 3 May 2018; 12 December
2019 / Amendments to Clause 6 of Paragraph two shall come
into force on 1 July 2020. See Paragraph 38 of
Transitional Provisions]
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 offence if it is not
possible to determine the identity of the child otherwise and
take a decision to commence an administrative offence
proceedings;
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 present in a public
place during night-time without the presence of an adult person
who is responsible for the supervision of the child;
6) is lost or abandoned, or is found in such circumstances as
are dangerous for a child or may harm his or her development;
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 specified 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 -
the 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, the conditions for satisfying his or her special needs
shall be ensured, and also 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, and also 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; 12 December 2019 / The new wording
of Paragraph two shall come into force on 1 July 2009. See
Paragraph 38 of Transitional Provisions]
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, a crisis centre, or a
child care institution, 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 in 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) shall 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 cooperate with the
authorities of other states and local governments;
7) [13 November 2019].
[9 March 2000; 15 May 2003; 17 March 2005; 19 October 2006;
29 June 2008; 30 May 2013; 13 November 2019]
Section 62. Competence of the
Ministry of Welfare
(1) The Ministry of Welfare shall:
1) in cooperation 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, and also other
State and local government authorities 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 coordinate the supervision of the observation
of the laws and regulations in the field of the protection of the
rights of children;
3) [26 November 2009];
4) coordinate the cooperation 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) coordinate 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 of the provisions of the laws and
regulatory enactments adopted in the field of the protection of
the rights of children, and also of 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, and also determine the type, criteria, and procedures for
the implementation thereof.
[12 June 2009; 26 November 2009; 1 July 2011; 12 December
2019]
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 coordinate child health care in accordance
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 cooperation 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) together 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 coordinate 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 cooperation with the Ministry of Welfare and other
responsible authorities, 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 coordinate
the implementation of such programme;
2) in collaboration with other authorities, take measures in
the fight against illegal relocation of children across the State
border and non-return of children from foreign countries;
3) ensure special training for police officers for work with
law-breakers who are minors and with 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; 12 December 2019]
Section 64.1 Competence
of the Ministry of Justice
(1) The Ministry of Justice shall organise the training for
judges with respect to the issues on 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 related to 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; 12 December
2019]
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 implementation.
[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 on the rights of the child
and shall ensure that the rights of the child are conformed to
during pre-trial investigations.
[9 March 2000; 12 December 2019]
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 Child Protection Centre
The Child Protection Centre is an institution of direct
administration under supervision of the Minister for Welfare
which provides support in the field of child protection to
children and the persons and institutions protecting the rights
of the child referred to in Section 5 of this Law and supervises
the conformity with the rights and interests of children. Senior
experts of the Child Protection Centre have the right to conduct
interviews with the child without the presence of other persons,
without previous agreement, and without the consent of the legal
representative.
[7 December 2023]
Section 65.2 Competence
of the Ombudsman
The Ombudsman shall:
1) inform the public of 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; 11 November 2021]
Section 65.3 Competence
of the Administration of the Maintenance Guarantee Fund
The Administration of the Maintenance Guarantee Fund
shall:
1) in accordance with 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) in accordance with the procedures stipulated by the
Cabinet, issue information from the Maintenance Guarantee Fund
applicant and debtor register.
[8 March 2007]
Section 65.4 Co-operation
Council in Children Matters
The Co-operation Council in Children Matters is an advisory
collegial body the objective of which is to promote a unified
understanding on the conformity with the principle of priority of
a child's interests in local government and State action
policies, and also to promote coordinated activity of
authorities, including cooperation groups, in the protection of
children's rights. The Co-operation Council in Children Matters
shall be established, its tasks and composition shall be
determined, and the by-laws of operation shall be approved by the
Minster for Welfare.
[12 December 2019]
Section 66. Competence of Local
Governments in Protecting Children's Rights
(1) A 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 local
government.
(2) In accordance 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 education;
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) take 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 coordinate the activities of
public organisations.
[9 March 2000; 31 October 2002; 29 June 2008; 12 December
2019; 11 November 2021]
Section 67. Delimitation of the
Competence of Local Governments
(1) The 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 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 on 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, negligence, 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 in
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 disbursed from 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; 11 November
2021]
Section 67.1 Statistical
Information on 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 Child Protection Centre and local
governments shall, within the scope of their competence, provide
statistical information on the protection of the rights of the
child in the State, on parents whose custody rights have been
terminated or removed, and on families who, together with
children, have been evicted from their dwellings, on child
adoption, the placing of children in out-of-family care, the
imposition of compulsory measures of an instructional or medical
nature on children, children being held to criminal liability, on
children who have attained the mandatory education age and who
are not attending educational institutions, and on children who
have become victims of negligence and violence and street
children, and also shall submit an appropriate summary report to
the Central Statistical Bureau. The Central Statistical Bureau
shall annually compile the abovementioned information and submit
it to the Ministry of Welfare and the Ombudsman's Office.
[15 May 2003; 20 May 2004; 19 October 2006; 12 June 2009;
16 December 2010; 1 July 2011; 30 May 2013; 11 November 2021; 7
December 2023 / See Paragraph 54 of Transitional
Provisions]
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, and also
of medical practitioners on 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 cooperation 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 penalties, 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, and
also social assistance and social services, additional
information on the persons referred to in Section 42, Paragraph
one of this Law who reside in child care institutions after
attaining 18 years of age and the persons referred to in Section
43 of this Law who after attaining 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 specified 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 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 Child Protection Centre;
13) the State Border Guard;
14) the Office of Citizenship and Migration Affairs;
15) the State Social Insurance Agency;
151) a 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 penalty in relation to minors.
(4) Information characterising the child on 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 offence proceedings or criminal proceedings and
has not been received with the assistance 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 penalty in relation to minors.
(6) The information included in the information system for the
support of minors, except for 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, and also the
procedures for processing the information included in the
system.
[30 May 2013; 23 November 2016; 2 March 2017; 12 December
2019; 7 December 2023 / See Paragraph 54 of Transitional
Provisions]
Section 68. Competence of Child
Care, Educational and Other Institutions
(1) Child care, cultural, educational, and other institutions
shall ensure the children's rights within the scope of the
competence specified in their articles or 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; 12 December 2019]
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 implement 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 a 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
implementation of programmes dedicated to the interests of the
family and children.
[9 March 2000; 15 May 2003]
Chapter
XI
Rights and Obligations of Persons and Institutions Responsible
for the Protection of the Rights of the Child in Respect of the
Conformity with the Rights of the Child
[12 December 2019]
Section 70. Persons and Institutions
Responsible for the Protection of the Rights of the Child
(1) It is the obligation 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 relevant
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 relevant
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, and also to provide support and assistance to the
child. The heads of child care, educational, health care, and
similar institutions in which children reside have an obligation
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 on the Child
(1) Information on 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, upon
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 disclosed.
(2) It is prohibited to disseminate personally obtained
information on a child who has become a victim, a witness or has
committed a violation of the law, and also 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 for the 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 the use or dissemination of
information as is prohibited shall be held disciplinarily liable
or otherwise liable as specified in the 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) Upon 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 an obligation to
request information on 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, and
also organisers of events, individual merchants, managers of
commercial companies, and organisers of voluntary work have an
obligation 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 an obligation 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, and also to re-verify such information not
less than once a year. The employer shall request the
abovementioned information on 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, and also shall not
provide services according to an agreement entered into (except
for the persons who provide extraordinary or temporary services,
and also 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 -
except for the case when, after extinguishing or setting aside
the conviction, the Child Protection Centre has assessed whether
it does not harm the interests of children and has permitted such
persons (except for teachers who are assessed in accordance with
that laid down in the Education Law) to work, carry out voluntary
work, and also, according to an agreement entered into, to
provide services at childcare, educational, health care
institutions and other such institutions where children are
present, at children's events, and such events where children are
participating. The Cabinet shall determine the procedures by
which it shall be assessed whether the permission for such
persons to work, to carry out voluntary work, and also, according
to an agreement entered into, to provide services are not to harm
the interests of the child;
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 specified in the Criminal Law;
4) who have been imposed a fine for the administrative offence
referred to in Section 81 of this Law, unless three years have
elapsed from the day when the decision taken by the competent
authority or court judgment has entered into effect and become
not subject to appeal.
(6) If the person referred to in Paragraph five of this
Section has been convicted of the administrative offence referred
to in Sections 79, 80, 81 (in the cases when the warning is
imposed as an administrative penalty), 82, 83, 84, and 85 of this
Law, the administrative offence referred to in Section 14 of the
Handling of Alcoholic Beverages Law, for selling tobacco
products, herbal products for smoking, electronic smoking devices
or refill containers for electronic smoking devices to a child,
for intentional inflicting of insignificant bodily injury 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 (on the manager of the
institution), or the organiser of the event has an obligation 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 (on
the manager of the institution), or the organiser of the measure
shall be permitted to work, to perform voluntary work, and also
to provide services according to the agreement entered into with
such institutions or organisers of measures.
(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 on the criminal
offence referred to in Paragraphs five and six of this Section
have been initiated against them, or an administrative offence
proceedings have been initiated for the administrative offences
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 the fulfilment of the duties) until the day when
the decision taken by the competent authority or a court judgment
has entered into effect and become not subject to appeal or until
making of the final ruling in the criminal proceedings.
(8) Suspension of the persons referred to in Paragraph five of
this Section may be requested by the Child Protection Centre if
it has justified suspicions of the potential violations of the
rights of the child. The request of the Child Protection Centre
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. In
reviewing the abovementioned issue, the court may evaluate the
validity of the request of the Child Protection Centre.
[6 March 2014; 3 May 2018; 12 December 2019; 11 November
2021; 7 December 2023 / See Paragraph 54 of Transitional
Provisions]
Section 73. Obligations of Persons
in Protection of the Rights of the Child
(1) Each person has the obligation to immediately notify the
police, the Child Protection Centre, the Orphan's and Custody
Court, or social services of any violation of law against a child
and also if the person suspects that a child is in possession of
objects, substances, or materials, or that such circumstances
exist which may endanger the life or health of the child or other
persons.
(2) Employees of healthcare and education institutions,
providers of social services, police employees, State and local
government officials and employees, and also other persons the
performance of work or service duties whereof affects or might
affect the rights and legal interests of a child and who are
aware of the violation of the rights of a child and fail to
notify the authorities referred to in Paragraph one of this
Section, shall be held disciplinarily or otherwise liable for
failure to notifying as laid down in the law.
[20 April 2023; 7 December 2023 / See Paragraph 54
of Transitional Provisions]
Chapter
XII
International Protection of a Child and Guarantee of Rights in
Cross-border Matters
[12 December 2019]
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 Asylum
Law.
(2) The Orphan's and Custody Court together with the local
government social service office and immigration institutions
shall take 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 74.1 Financial
Expenditures of a Local Government for the Accommodation of an
Unaccompanied Minor
(1) Financial expenditures for the accommodation of the
unaccompanied minor referred to in the Asylum Law in a child care
institution or a foster family, unless such person has acquired
the status of asylum seeker, a refugee or alternative status, are
covered in accordance with the procedures laid down and in the
amount specified in the Asylum Law for the accommodation of an
unaccompanied minor in a child care institution or a foster
family.
(2) A local government may ensure the accommodation at the
guardian for the unaccompanied minor referred to in Paragraph one
of this Section. In such case the financial expenditures which
conform to the amount provided for in the binding regulations of
the local government to be granted to a guardian shall be covered
by the Ministry of Welfare from the State budget resources
granted for such purpose for the current year, however, not more
than the benefit disbursed in the amount for the maintenance of
the child under guardianship and remuneration for the fulfilment
of a guardian's duties specified in laws and regulations. The
abovementioned financial expenditures shall be covered in
accordance with the procedures laid down in Paragraph one of this
Section.
[12 December 2019]
Section 75. Child Visitation with
Parents Living in Different Countries
(1) A child whose parents live in another country has the
right, except for the 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 country or to exit from it only such restrictions shall
be in effect as are specified 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 country has the
right, in accordance with procedures specified, 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]
Chapter
XIII
Administrative Offences in the Field of Protection of Children's
Rights and Competence in Administrative Offence Proceedings
[12 December 2019; 11 June
2020 / The new wording of Chapter shall come into force on
1 July 2020. See Paragraphs 38 and 41 of Transitional
Provisions]
Section 77. Violations Committed by
Children and Related to Alcoholic Beverages, Other Intoxicating
Substances, or Energy Drinks
(1) For the use of energy drinks if it has been committed by a
child, a warning or a fine of up to three units of fine shall be
imposed.
(2) For the use of alcoholic beverages or other intoxicating
substances or for being under the influence of alcoholic
beverages or other intoxicating substances if it has been
committed by a child, a warning or a fine of up to seven units of
fine shall be imposed.
(3) For the purchase or storage of alcoholic beverages if it
has been committed by a child, a warning or a fine of up to seven
units of fine shall be imposed.
[11 June 2020 / The new wording of this Section
shall come into force on 1 July 2020. See Paragraph 41 of
Transitional Provisions]
Section 78. Violations Committed by
Children and Related to Tobacco Products, Tobacco Substitute
Products, Herbal Products for Smoking, Electronic Smoking Devices
and Their Refill Containers
(1) For the smoking or use of tobacco substitute products or
smokeless tobacco products if it has been committed by a child, a
warning or a fine of up to three units of fine shall be
imposed.
(2) For the purchase or storage of tobacco products, tobacco
substitute products, herbal products for smoking, electronic
smoking devices or their refill containers if it has been
committed by a child, a warning or a fine of up to three units of
fine shall be imposed.
[11 June 2020; 20 April 2023 / Amendments to the
Section that establish administrative liability for the use,
purchase, or storage of tobacco substitute products if it has
been committed by a child and also for the involvement of a child
in the use of tobacco substitute products shall come into force
on 8 February 2024. See Paragraph 53 of Transitional
Provisions]
Section 79. Involvement of a Child
in Smoking, Use of Tobacco Substitute Products, or Smokeless
Tobacco Products, Alcoholic Beverages, Other Intoxicating
Substances, or Energy Drinks
(1) For the involvement of a child in use of energy drinks, a
warning or a fine of up to forty units of fine shall be
imposed.
(2) For the involvement of a child in smoking, use of tobacco
substitute products or smokeless tobacco products, alcoholic
beverages, or other intoxicating substances, a fine from seven to
forty units of fine shall be imposed.
[11 June 2020; 20 April 2023 / Amendments to the
Section that establish administrative liability for the use,
purchase, or storage of tobacco substitute products if it has
been committed by a child and also for the involvement of a child
in the use of tobacco substitute products shall come into force
on 8 February 2024. See Paragraph 53 of Transitional
Provisions]
Section 80. Involvement of a Child
in Begging
For the involvement of a child in begging or use in begging if
it is committed by an adult person, a fine of up to one hundred
and forty units of fine shall be imposed.
[12 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 38 of Transitional
Provisions]
Section 81. Physical and Emotional
Violence Against a Child
For neglect, physical or emotional violence against a child, a
warning or a fine of up to one hundred and forty units of fine
shall be imposed.
[12 December 2019; 11 November 2021]
Section 82. Illegal Involving of
Children in Events
(1) For the violation of such laws and regulations which
determine the procedures by which children are to be involved in
the activities (events) related to demonstration of outer
appearance, a warning or a fine of twenty-eight up to seventy
units of fine shall be imposed on a natural person, but of
seventy up to two hundred and eighty units of fine - on a legal
person.
(2) For the involvement of a child in the beauty contest or
other event in which only his or her outer appearance is being
assessed, a fine of seventy up to one hundred and forty units of
fine shall be imposed on a natural person, but of one hundred and
forty up to four hundred and twenty units of fine - on a legal
person.
[12 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 38 of Transitional
Provisions]
Section 83. Leaving a Child without
Supervision
(1) For leaving a child who has not attained seven years of
age without supervision if it is committed by a person who is
responsible for the supervision of the child, a warning or a fine
of up to forty units of fine shall be imposed.
(2) For the supervision of a child under the influence of
alcoholic, narcotic, psychotropic, toxic, or other intoxicating
substances which may restrict the ability to ensure the child's
safety and protection from possible threats to the child's life
and health if it is committed by a person who is responsible for
the supervision of the child, a warning or a fine of up to
forty-two units of fine shall be imposed.
[12 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 38 of Transitional
Provisions]
Section 84. Failure to Conform to
the Requirements for the Provision of Child Supervision
Services
For failing to conform to the requirements for the provision
of child supervision services if negative consequences have set
in or could have set in for a child in relation thereto, a
warning or a fine of up to forty-two units of fine shall be
imposed on a natural person, but of forty up to seventy units of
fine - on a legal person.
[12 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 38 of Transitional
Provisions]
Section 85. Failure to Fulfil Child
Care Responsibilities
For failure to fulfil the child care responsibilities, a
warning or a fine of up to forty two units of fine shall be
imposed on the parents, the person to whom a child is transferred
by a decision of the Orphan's and Custody Court, or the person
who is ensuring temporary child care.
[12 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 38 of Transitional
Provisions]
Section 86. Failure to Conform to
the Safety Requirements in Respect of Presence of a Child at
Public Recreation Activity, Sports or Recreation Location
For letting a child who has not attained 16 years of age or
allowing that he or she is present during night-time at
recreation activity, sports or recreation event where the entry
point is controlled and public recreation activity, sports or
recreation events are offered without the presence of an adult
person who is responsible for the supervision of the child, a
warning or a fine of up to fifty-six units of fine shall be
imposed on an organiser - natural person of a recreation
activity, sports or recreation event, and up to two hundred and
eighty units of fine - on a legal person.
[12 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 38 of Transitional
Provisions]
Section 87. Presence of a Child who
has not Attained 16 Years of Age at a Public Place During
Night-time without the Presence of an Adult Person who is
Responsible for the Supervision of the Child
For presence of a child who has not attained 16 years of age
at a public place during night-time without the presence of an
adult person who is responsible for the supervision of the child,
a warning or a fine of up to fourteen units of fine shall be
imposed.
[12 December 2019 / Section shall come into force on
1 July 2020. See Paragraph 38 of Transitional
Provisions]
Section 88. Competence in
Administrative Offence Proceedings
(1) Administrative offence proceedings for the offences
referred to in Section 81 of this Law which have been committed
by officials or employees of State and local government
authorities and for the offences referred to in Section 82 shall
be conducted by the Child Protection Centre.
(2) Until examination of the administrative offence case, the
administrative offence proceedings for the offences referred to
in Sections 77, 78, 79, 80, 81 (for the offences committed by
persons other than officials or employees of State and local
government authorities), 83, 84, 85, 86, and 87 of this Law shall
be conducted by the State Police or the municipal police. The
administrative offence case shall be examined by the
administrative committee or sub-committee of the local
government.
[12 December 2019; 7 December 2023 / See Paragraph
54 of Transitional Provisions]
Transitional
Provisions
1. The Cabinet shall:
by 31 December 2000, submit to the Saeima draft laws regarding
amendments necessary in other laws;
by 31 December 2000, submit to the Saeima a draft law
regarding 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 of which child care institutions
or foster families children who require assistance may be placed
in.
[9 March 2000]
4. The Central Statistical 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. The Cabinet shall, by 1 July 2000, issue the regulations
regarding the procedures by which the child shall cross the State
border.
[18 May 2000]
8. [19 October 2006]
9. The provision 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's Office") and Section
67.1 (regarding addition of the words " and
Ombudsman's Office") 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, by 1 October 2008, issue the
regulations referred to in Section 31, Paragraph four of this
Law. 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 the 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 the rewording of Section
66, Paragraph one and Section 67, Paragraph one of this Law, and
also regarding the 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
abovementioned 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. The Cabinet shall, by 31 December 2013, issue regulations
regarding the procedures by which the police shall ascertain
whether the child has special needs, and invite a competent
specialist, and also 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. The Cabinet shall, by 31 March 2014, 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, and also 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 in Section 5.1,
Paragraph one, Clause 19.1 of this Law who do not
represent or defend minors in criminal proceedings, but represent
minors in administrative proceedings, civil proceedings, or
Constitutional Court proceedings, and also represent or defend
minors in administrative offence proceedings, shall acquire the
special knowledge in the field of protection of children's rights
not later than by 31 March 2020.
[12 December 2019]
28. Persons who have not acquired special knowledge in the
field of protection of children's rights are entitled to carry
out work, service, or professional duties which include work with
minors or representation or defence of the interests of minors
until expiry of the time limit specified in Paragraphs 25, 26,
and 27 of these Transitional Provisions.
[12 December 2019]
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 (rewording of the title) and Paragraph six of this Section
shall come into force on 1 January 2016.
[26 November 2015]
32. The Cabinet shall, by 31 December 2015, issue the
regulations provided for in Section 26, Paragraph six of this
Law.
[26 November 2015]
33. The Cabinet shall, by 31 July 2017, issue the regulations
provided for in Section 6, Paragraph three of this Law.
[2 March 2017]
34. The persons referred to in Section 5.1,
Paragraph one, Clause 2 of this Law, if they ensure legal support
to the Orphan's and Custody Court in drawing up the decision and
performance of other tasks assigned to the Orphan's and Custody
Court according to the assignment by the local government
council, and the persons referred to in Paragraph 19.2
shall acquire the special knowledge in the field of the
protection of children's rights not later than by 31 December
2020.
[3 May 2018]
35. Amendments to this Law in respect of the new wording of
Section 27, Paragraph three and the deletion of Paragraph
3.1, and also amendments to this Law in respect of the
new wording of Section 45.4, Paragraph two and the
supplementation thereof with Paragraph 2.1 and
2.2 shall come into force on 1 September 2018.
[3 May 2018]
36. Amendments to this Law that provide for the
supplementation Section 72, Paragraph five with Clause 4 and the
supplementation of Paragraph six which shall come into force
concurrently with the relevant amendments to Section
172.2 of the Latvian Administrative Violations Code in
relation to increase of the maximum punishment and imposition of
the warning to the officials or employees of State or local
government authorities who have committed the relevant violation.
The restriction specified in Section 72, Paragraph five, Clause 4
of this Law shall not be applicable to persons who have been
punished with the fine for the violation specified in Section
172.2 of the Latvian Administrative Violations Code
before the day of coming into force of this norm.
[3 May 2018]
37. The officials of the Child Protection Centre referred to
in Section 5.1, Paragraph one, Clause 15 of this Law
who have not acquired special knowledge in the field of the
protection of the rights of the child shall acquire them not
later than by 31 March 2020.
[12 December 2019; 7 December 2023 / See Paragraph
54 of Transitional Provisions]
38. Amendment to Section 24 of this Law regarding the new
wording of Paragraph six, amendment to Section 58, Paragraph two,
Clause 6 of this Law, amendment to Section 59, Paragraph one of
this Law regarding the new wording of Clause 2, amendments to
Section 67.2, Paragraph four, second sentence and
Section 72, Paragraph five, Clause 4 and Paragraphs six and
seven, and also Chapter XIII of this Law shall come into force
concurrently with the Law on Administrative Liability.
[12 December 2019]
39. The Cabinet shall, by 30 June 2020, issue the Cabinet
regulations provided for in Section 31, Paragraph four of this
Law. Until the day of coming into force of the relevant
regulations but not longer than until 30 June 2020 the Cabinet
Regulation No. 794 of 29 September 2008, Procedures for Ensuring
Accounting of Children to be Adopted and Those Persons who are
Willing to Adopt a Child, shall be applied insofar it is not in
contradiction with this Law.
[12 December 2019]
40. The deputy chairpersons and members of the local
government administrative committees or the sub-committees in
child matters of the local government administrative committees
referred to in Section 5.1, Paragraph one, Clause 7 of
this Law who have not acquired special knowledge in the field of
protection of children's rights shall acquire it not later than
by 30 November 2020.
[11 June 2020]
41. Amendment to this Law regarding the new wording of the
title of Chapter XIII, and also the new wording of Sections 77,
78, and 79 shall come into force concurrently with the Law on
Administrative Liability.
[11 June 2020]
42. Amendment to Section 11, Paragraph one of this Law
regarding the assessment of special needs of all children shall
come into force on 1 September 2021.
[1 October 2020]
43. Amendment to Section 12, Paragraph two of this Law shall
come into force on 1 July 2021.
[1 October 2020]
44. Section 26, Paragraph seven of this Law shall come into
force on 1 May 2021 and shall be in force until 31 December 2021.
The support measures provided for in the Law for the families
which care for a child with disability or for a person who has
not reached the age of 24 years if Group I or II disability has
been determined for such person shall be financed in this period
according to that laid down in Section 53 of the law On the State
Budget for 2021 from the financing reserved in the programme
11.00.00 "Demographic Measures" of the budget unit "74. Funding
to be Reallocated in the Process of Implementation of the Annual
State Budget".
[25 February 2021]
45. The persons referred to Section 5.1, Paragraph
one, Clause 19.4 of this Law shall acquire the special
knowledge in the field of the protection of the rights of the
child not later than until 31 December 2023.
[11 November 2021]
46. The Cabinet shall, by 30 June 2022, make amendments to
Cabinet Regulation No. 352 of 1 June 2021, Procedures for the
Implementation of the Latvian Honorary Family Certificate
Programme, in accordance with amendments to Section 26, Paragraph
six of this Law. Until the day of coming into force of the
relevant amendments but not longer than until 30 June 2022,
Cabinet Regulation No. 352 of 1 June 2021, Procedures for the
Implementation of the Latvian Honorary Family Certificate
Programme, shall be applied insofar it is not in contradiction
with this Law.
[16 November 2021]
47. The laws and regulations that were in force at the time of
initiating intercountry adoption process shall be applied to the
cases initiated until 30 June 2022.
[16 November 2021]
48. The Cabinet shall, by 30 June 2022, issue the regulations
provided for in Section 31, Paragraph five of this Law.
[16 December 2021]
49. A person who was appointed by the Orphan's and Custody
Court as a guardian by 31 March 2023 shall complete the guardian
training programme if the guardian has expressed such a wish or
if the Orphan's and Custody Court, having assessed the actions of
the guardian for ensuring the personal and property rights and
interests of the child, has found this to be necessary.
[8 March 2023]
50. Amendment to this Law regarding its supplementation with
Sections 52.1 and 52.2 shall come into
force on 1 June 2023.
[20 April 2023]
51. Amendment to this Law regarding the supplementation of
Section 26 with Paragraph eight shall come into force on 1
October 2023.
[20 April 2023]
52. Amendment to this Law regarding the supplementation of
Section 52 with Paragraphs 1.1, 1.2, and
1.3 shall come into force on 1 July 2024.
[20 April 2023]
53. Amendments to this Law regarding the new wording of the
first sentence of Section 48, Paragraph one and Paragraph four
and amendments to Paragraphs two and three on the protection of a
child from the effect of the use of tobacco substitute products
and also amendments to Sections 78 and 79 of this Law which
provide for administrative liability for the use, purchase, or
storage of tobacco substitute products if it has been committed
by a child and also for the involvement of a child in the use of
tobacco substitute products shall come into force concurrently
with the relevant amendments to the law On the Handling of
Tobacco Products, Herbal Products for Smoking, Electronic Smoking
Devices and Their Liquids which provides for the handling
requirements and restrictions regarding tobacco substitute
products.
[20 April 2023]
54. Until making the relevant amendments to other laws and
regulations, the term "State Inspectorate for the Protection of
Children's Rights" shall correspond to the term "Child Protection
Centre" used in this Law.
[7 December 2023]
Informative
Reference to European Union Directives
[6 March 2014; 26 November
2015]
This Law contains legal norms arising from:
1) Directive 2011/93/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
1The Parliament of the Republic of
Latvia
Translation © 2024 Valsts valodas centrs (State
Language Centre)