Regulations

Regulations

Regulations

The functions of the State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour are governed by the Regulations of the State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour approved by the Resolution No 293 of the Government of the Republic of Lithuania of 28 March 2018.

THE REGULATIONS OF THE STATE CHILD RIGHTS PROTECTION AND ADOPTION SERVICE UNDER THE MINISTRY OF SOCIAL SECURITY AND LABOUR

SECTION I

GENERAL PROVISIONS

1. The State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour (hereinafter referred to as the Service) is a body operating under the Ministry of Social Security and Labour of the Republic of Lithuania (hereinafter referred to as the Ministry of Social Security and Labour).

2. The purpose of the Service is to implement the policy on protecting child's rights in the territories of the municipalities and to participate in the formation of the state policy on the protection of the rights of the child.

3. In the course of its activities the Service observes the Constitution of the Republic of Lithuania, the United Nations Convention on the Rights of the Child, the Convention on the Protection of Children and Cooperation in Respect of InterCountry Adoption, the Convention concerning the powers of authorities and the law applicable in respect of the protection of infants, the Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children, the Convention on the Civil Aspects of International Child Abduction, other international agreements concluded by the Republic of Lithuania on the protection of the child‘s rights, the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OL Special Edition 2004, Chapter 19, Volume 6, p. 243), as last amended by by Council Regulation (EC) No 2116/2004 of 2 December 2004 (OL 2004 L 367, p. 1), the Civil Code of the Republic of Lithuania, the Code of Civil Procedure of the Republic of Lithuania, the Law of the Republic of Lithuania on Legal Protection of Personal Data, the Law of the Republic of Lithuania on Fundamentals of Protection of the Rights of the Child, other legal acts governing the Protection of the Rights of the Child and Adoption, the Regulations of the State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour (hereinafter referred to as the Regulations).

4. The Service is a public legal entity holding bank accounts, a stamp bearing the coat of arms of the state of Lithuania and its name.

5. The Service is a public body sustaining on the funds from the State Budget of the Republic of Lithuania and other state monetary funds, to which funds are allocated and administered in accordance with the Law of the Republic of Lithuania on the Budget Structure. Other legally received funds can be also used for the funding of the Service.

6. The Service is owned by the state. The rights and obligations of the owner of the Service are implemented (with the exception of the adoption of the decisions on the reorganization and liquidation of the Service, amendments to the Regulations) by the Ministry of Social Security and Labour. The Ministry is responsible for the control of the activities of the Service, resolution of the issues that fall within the competence of the body which implements the rights and obligations of the owner.

7. The Regulations shall be amended by the Government of the Republic of Lithuania.

8. The Service has its website (www.vaikoteises.lt) where the public communications and other information are made publicly available. In cases stipulated by the legal acts the public communications can be also made publicly available in other media.

SECTION II

THE OPERATIONAL OBJECTIVE AND FUNCTIONS OF THE SERVICE

9. The operational objective of the Service is to ensure the implementation, safeguarding and protection of the rights and freedoms of the child as well as the interests of the child in the Republic of Lithuania.

10. In pursuit of the operational objective set forth in clause 9 of the Regulations, the Service shall by itself or through its constituent bodies:

10.1. perform the functions of the central body for the organization of the international protection of the child's rights and adoption in the Republic of Lithuania;

10.2. defend and ensure the rights of the child and represent the rights and legitimate interests of the child in the territory of municipalities 24 hours a day;

10.3. in the case of the potential violation of the rights of the child shall assess the situation of the child, initiate the examination of the case, make decisions on individual cases of the protection of the child's rights;

10.4. immediately take measures to protect the rights of the child in cases where there is a risk to the child's safety, health or life (shall move the child to a safe environment);

10.5. act as a legal representative of the child until the child is assigned a guardian (caregiver);

10.6. participate in the case management process, provide methodological support to the case manager;

10.7. set up mobile teams to provide intensive assistance for families, shall organise and coordinate the work of these teams;

10.8. keep and ensure the records of the children who require and in respect of whom the child‘s rights protection measures are applied;

10.9. organise the establishment of the child custody (care) in the municipalities, coordinate the surveillance of custody (care) in families, households, care centers and care institutions;

10.10. organise the return of the child to his/her parents or his/her other legal representatives, initiate the provision of family support;

10.11. make and manage a queue for the children's long-term (short-term) social care in child care institutions, whose owner‘s rights and obligations are implemented by the Ministry of Social Security and Labour, shall issue children‘s referrals to these institutions;

10.12. supervise the implementation of the program of temporary staying abroad by the children guarded (cared) in care institutions;

0.13. apply to the competent institution for the registration of the birth of a child whose parents are unknown, give the child the first name and surname;

10.14. organise adoption of the child by the citizens of the Republic of Lithuania and foreigners;

10.15. take decisions on the powers for foreign authorities to act in the framework of international adoption in the Republic of Lithuania;

10.16. manage and possess information on the status of the child‘s rights protection;

10.17. collect information on the status of the child‘s rights protection in the municipalities and provide methodological assistance and suggestions to municipal administrations regarding the improvement of the implementation of the protection of the rights of the child;

10.18. in the cases and under the procedure established by the Civil Code shall protect the rights and legitimate interests of the child at the court, shall participate in the court hearings and shall submit a conclusion to the court, represent the interests of the child;

10.19. participate in the process of the enforcement of non-pecuniary court decisions adopted in respect of a child;

10.20. in the cases and under the procedure established by the Code of Civil Procedure of the Republic of Lithuania shall represent the interests of the child during pre-trial investigation and/or criminal proceedings at the court;

10.21. cooperate with other Ministries stipulated in the Law on Fundamentals of Protection of the Rights of the Child and other state and municipal institutions and bodies on the issues concerning the coordination and implementation of the policy on the protection of the rights of the child;

10.22. cooperate with the state and municipal institutions and non-governmental organizations in matters concerning the protection of the rights of the child;

10.23. provide methodological assistance to the institutions and bodies ensuring the protection of the rights of the child in the field of the implementation and protection of the rights and freedoms of the child and assurance of the interests of the child;

10.24. organise education of the society on the issues of protection of the rights of the child;

10.25. participates in the activity of councils, commissions and working groups related to the protection of the rights of the child;

10.26. submit suggestions to the Minister for Social Security and Labour regarding the improvement of the legal regulation of the protection of the rights of the child, prepare legal acts;

10.27. advise children, parents, custodians (caretakers), adoptive parents, educational, social workers, other natural and legal persons on the issues of protecting and defending the rights of the child;

10.28. examine the claims and complaints of natural and legal persons related to the protection and defence of the rights of the child, take the necessary measures to resolve the issues raised in the claims and complaints;

10.29. perform other functions prescribed by laws and other legal acts.

SECTION III

THE RIGHTS OF THE SERVICE

11. The Service has the following rights:

11.1. to receive free of charge information from the state, municipal institutions and bodies and non-governmental organizations about the child and family;

11.2. to receive free of charge the data of the Register of Administrative Offenses, the Register for the Insured with the State Social Insurance and the Recipients of State Social Insurance Benefits of the Republic of Lithuania, the data of the state registers (cadastres), departmental registers, classifications, information systems, data files administered by other state and municipal institutions, bodies, companies that are necessary for the performance of own functions, regardless of the form and method of their presentation if this is necessary to ensure the rights and legitimate interests of the child;

11.3. for exigencies of the service, to receive free of charge from health care institution (from the primary health care institution with whom the person is registered) a conclusion on the health status of one parent (or both parents), a conclusion showing whether their health status allows them to take care of their children;

11.4. for exigencies of the service, to receive free of charge from Informatics and Communications Department under the Ministry of the Interior of the Republic of Lithuania information processed in the Register of Suspects, Defendants and Convicts on the data of the child‘s parents, his/her other legal representatives and of the persons who live together with the child;

11.5. to visit care centers, care homes, households, educational, personal health care, protection of the rights of the child, social services, law enforcement and other institutions and bodies, non-governmental organisations whose work involves education, training and maintenance of children and ensuring their safety;

11.6. when dealing with the issues to invoke the representatives of the state and municipal institutions and bodies as well as of non-governmental organisations after having agreed with their managers;

11.7. to organize conferences, seminars and other events;

11.8. to gain sponsorship in accordance with the Law of the Republic of Lithuania on Charity and Sponsorship;

11.9. the Service also has the rights that derive from other laws, the resolutions of the Government of the Republic of Lithuania.

SECTION IV

ORGANISING THE ACITIVITIES OF THE SERVICE

12. The activities of the Service are organised in accordance with the annual operating plan approved by the Minister of Social Security and Labour. The Centralized Internal Audit Department of the Ministry of Social Security and Labour is responsible for the assessment of the execution of the annual operating plan.

13. The activities of Service are governed by the Rules of Procedure, internal operating rules of the Service, the Regulations of the constituent bodies of the Service, the descriptions of the posts of civil servants and employees working under employment contracts and paid from the state budget and state money funds, and Regulations.

14. The Minister of Social Security and Labour approves the structure of the administration of the Service.

15. The Service is headed by a Director who in accordance with the Law of the Republic of Lithuania on Civil Service (on the basis of non-political (personal) trust) enters into office for a term of 4 years and is dismissed from the office by the orders of the Minister of Social Security and Labour.  The Director of the Service may not serve as the Director of the Service more than two consecutive terms. The Director of the Service shall report directly to the Minister of Social Security and Labour and is under his/her direct authority.

16. The Director of the Service:

16.1. adopts orders, organise and control their execution;

16.2. organises the work of the Service in order to achieve the operational objective of the Service and to perform the functions assigned to it;

16.3. concludes contracts for the purpose of achieving the operational objective of the Service and performing its functions;

16.4. approves:

16.4.1. the list of the posts of civil servants and employees working under employment contracts and paid from the state budget and state money funds within the limits of the funds set for wages and within the limits of the maximum permissible number of posts of civil servants and employees working under employment contracts and paid from the state budget and state money funds approved for the Service;

16.4.2. the Rules of Procedure, internal operating rules of the Service, the Regulations of the constituent bodies of the Service, the descriptions of the posts of civil servants and employees working under employment contracts and paid from the state budget and state money funds, and Regulations.

16.5. recruits and dismisses civil servants and employees of the Service working under employment contracts and paid from the state budget and state money funds;

16.6. promotes civil servants and employees of the Service working under employment contracts and paid from the state budget and state money funds, imposes official penalties on them, allocates benefits (material benefits), performs other personnel management functions;

16.7. has disposition of the funds allocated to the Service and carries out the related financial operations;

16.8. ensures the preparation of the draft annual operating plan of the Service and submits it for approval by the Minister of Social Security and Labour;

16.9. represents the Service in the state and municipal institutions and bodies as well as in communication with other domestic or foreign natural and legal persons;

16.10. ensures rational and economical use of funds and assets, effective establishment of the Internal Control System of the Service, its operation and improvement;

16.11. guarantees that the sets of statements and statistical reports submitted in accordance with the Law of the Republic of Lithuania on Public Sector Accountability are correct;

16.12. organises the use of the budget allocations;

16.13. executes the delegations of the Minister of Social Security and Labour, performs other functions assigned to him/her in the laws, the Resolutions and Orders of the Government of the Republic of Lithuania.

17. The Director of the Service recruits and dismisses the Deputy Director(-s) of the Service in accordance with the Law on Civil Service. The Deputy Director(-s) of the Service shall report directly to the Director of the Service and is/are under his/her direct authority.

18. The Deputy Director(-s) of the Service:

18.1. coordinate(-s) and control(-s) the pursuit of the operational objective entrusted to the Service in accordance with the areas of administration established by the Director of the Service, performance of functions;

18.2. assist(-s) the Director of the Service in formulating and implementing the strategic objectives of the Service;

18.3. perform(-s) other functions prescribed to them (him/her) by laws, the Resolutions and Orders of the Government of the Republic of Lithuania.

19. In the event of temporary absence of the Director of the Service (in the event of sickness, when on annual leave or business trip, etc.) his/her functions are performed by one of the Deputy Directors of the Service on behalf of the Director.

SECTION V

INTERNAL ADMINISTRATION CONTROL OF THE SERVICE

20. The Centralized Internal Audit Department of the Ministry of Social Security and Labour is responsible for the performance of the internal audit of the Service.

21. The Service is subject to the state (financial (legitimacy) and activity) audit by National Audit Office of Lithuania.

22. The financial control of the Service is performed in accordance with the procedure established by the Director of the Service.

23. The Director of the Service performs the control of the implementation of the annual operating plan of the Service.

SECTION VI

FINAL PROVISIONS

24. The Service is reorganised, restructured and liquidated in accordance with the Civil Code, the Law of the Republic of Lithuania on Government and the Law of the Republic of Lithuania on Budgetary Institutions.

 

X