Publication details
Proces schvalování žádosti o pobyt dítěte mimo zařízení pro výkon ústavní výchovy
| Title in English | The Process of Approving an Application for a Child to stay Outside a Facility for the Performance of Institutional Education |
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| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Právnik |
| MU Faculty or unit | |
| Citation | |
| web | Open access článku |
| Keywords | administrative procedure; child’s right to have contact with parents; child’s stay outside the institution for the performance of institutional care; institutional care |
| Description | The article discusses the process of approving an application for a child’s stay outside the facility for institutional education. In the case of children with an order for institutional education, the stay of the child outside the institution for the execution of institutional education represents the strongest instrument for the realization of the child’s right to contact with parents and other persons. The paper first examines the embeddedness of this right in the context of international and national law. It then divides applicants for a child’s stay outside an institution into several groups and answers the question whether a legal person can also be an applicant. Attention is also paid to the approval process in relation to the age of the child. The article includes an assessment of the powers of the child welfare authority and the director of the institution. The legal question answered in this part of the article is what is the solution to situations where the child welfare authority and the director of the establishment have different legal opinions on the same fact. Last but not least, the article identifies shortcomings in the process of allowing (or not allowing) the child to stay outside the institution for the performance of institutional education, which may have negative consequences in maintaining contact between the child and the person of the applicant. One of the issues addressed is, among others, how to proceed when multiple applications for a child’s stay outside an institution for the performance of institutional education coincide. © 2024, Academy of Sciences of the Czech Republic, Institute of State and Law. All rights reserved. |
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