Cross-border placement of a child including foster family

Czech Republic
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European Judicial Network
European Judicial Network (in civil and commercial matters)

1 Is there an obligation under your national law for prior consultation and the obtaining of consent before the cross-border placement of a child? Please mention possible exceptions.

In practice, the central authority must ascertain from the competent local child protection agency what opportunities exist for placing a child.

2 If prior consultation and consent are required, which authority is to be consulted and to give the consent?

The central authority grants its approval after consulting with the competent local child protection agency. Approval is granted informally in the form of a written opinion from the central authority.

3 Please describe shortly the procedure for consultation and the obtaining of consent (including required documents, deadlines, modalities of the procedure, and other relevant details).

The central authority contacts the competent local child protection agency (a municipal authority with extended powers), which in turn identifies whether and where a child could be placed (by establishing whether foster carers and institutions have spare capacity).

4 What is a “foster family” according to the national law of your Member State?

If neither parent is able to care for their child themselves, the court may place the child in the care of a legal guardian (where the parents have had their parental responsibility removed, their parental responsibility is limited or neither parent is alive) or a foster carer, or the child may be placed in the care of ‘another person’. The foster carer and legal guardian are entitled to receive very specific social benefits. ‘Another person’ is not entitled to such benefits.

The foster carer is obliged and authorised to care for the child personally. When raising the child, the foster carer exercises the rights and responsibilities of the parents in an appropriate manner. The foster carer is obliged and authorised to make decisions only concerning the child’s day-to-day affairs, represent the child in those affairs and manage the child’s assets. The foster carer must inform the child’s parents of essential matters pertaining to the child. Where circumstances so require, the court establishes further rights and responsibilities of the foster carer.

If the child cannot be placed in any of the forms of care described above, the court may order that the child be placed in institutional care.

5 Does the notion of “foster family” encompasses relatives or not? If yes, which ones?

Yes, a considerable number of foster carers in the Czech Republic are related to the child. The degree of relatedness and other restrictions are not defined in any way in Czech fostering legislation.

Last update: 31/03/2021

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