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Cross-border placement of a child including foster family

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Slovenia
Content provided by:
European Judicial Network
(in civil and commercial matters)

1 Which authority is to be consulted and to give prior consent before the cross-border placement of a child within your territory?

Procedures concerning prior consultation and consent ahead of the cross-border placement of a child are carried out pursuant to Article 82 of Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast) in conjunction with Article 33 of the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children.

The consent of the competent authority is not required if the child is placed in the custody of one of the parents.

Where the placement of a child is in the territory of Slovenia, prior consent is issued by the central authority after receiving a favourable opinion from the social services centre.

2 Please describe shortly the procedure for consultation and the obtaining of consent (including required documents, deadlines, modalities of the procedure, and other relevant details) for cross-border placement of children within your territory.

The competent central authority for the purpose of transmitting consent in accordance with Article 82(1) of Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast) is:

Ministry of Labour, Family, Social Affairs and Equal Opportunities

Štukljeva cesta 44

1000 Ljubljana

gp.mddsz@gov.si

The central authority transmits requests to the social services centre for processing and an opinion.

The central authority of the requesting state must submit the following documents for the purpose of consultation and obtaining consent:

– information on the child, family situation and legal representatives;

– information on the minor’s personal situation, including a description of the minor’s personal and family circumstances;

– reasons for placing the child abroad;

– the date and planned duration of the placement;

– personal details of the persons appointed as foster carers, or information about the proposed institution or persons hosting the child;

– placement details, if with an institution (exit, inspections, lodging);

– doctor’s or carer’s approval;

– proof of health insurance;

– requesting authority’s pledge to cover the costs of placement;

– accommodation monitoring arrangements;

– comprehensive information on the competent authority of the requesting Member State, including contact details.

The documents must be submitted ahead of the placement in accordance with Regulation 2019/1111.

3 Has your Member State decided that consent is not required for cross-border placements of children within your territory where the child is to be placed with certain categories of close relatives? If yes, what are the categories of close relatives?

Consent is always required.

4 Does your Member State have in place any agreements or arrangements for simplifying the consultation procedure for obtaining consent for the cross-border placement of children?

No such agreements exist.

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