The protection of children with parents working abroad

1. Autoritatea Naţională pentru Protecţia Drepturilor Copilului şi Adopţie The protection of children with parents working abroad

2. Autoritatea Naţională pentru Protecţia Drepturilor Copilului şi Adopţie The organization of the child protection system in Romania • At central level:The National Authority for Child Rights Protection and Adoption –competencies: the general administration of this field of activity, ensuring the legal framework applied to this field, the strategies and policies applied within, as well as the methodological coordination of the competent authorities acting at local level • At local (county) level: The General Direction for Social Assistance and Child Protection, that is under the subordination of each County Council and ensures at local level the unique application of the legislation in the field of child protection, the accomplishment of all legal procedures concerning the protection and promotion of the rights of those children for whom a special protection measure was applied. • At community level :The Public Service for Social Assistance, that is the main social services supplier at community level, having the responsibility of developing and diversifying the assistance and community care, which should favor the maintain of the child within his/her family, so is responsible of the prevention.

3. Autoritatea Naţională pentru Protecţia Drepturilor Copilului şi Adopţie • Law No. 272 of 21 June 2004 on the Protection and Promotion of the Rights of the Child • The parent who exercises parental authority by himself or the parent to whom the child lives who is going to work abroad, must notify this intention to the public social assitamceservice from his domicile, at least 40 days before leaving the country • It is compulsory that the notification will includethe designation of the person in charge of the child's maintenance during the absence of the parents or of the guardian, as the case may be. • The confirmation of the person to whom the child will be maintained shall be made by the tutorship court. • These provisions also apply to the guardian, as well as when both parents are to go to work in another state.

4. Autoritatea Naţională pentru Protecţia Drepturilor Copilului şi Adopţie The designated person must: • be part of the extended family, • be at least 18 years old • meet the material conditions and moral guarantees necessary to raise and care for a child. The court will order the temporary delegation of parental authority during the absence of the parents, but no longer than a year. The agreement of the person to whom the parental authority will be delegated must be expressed personally before the court. • Solving the request for the delegation of parental rights and duties shall be made within 3 days of its submission. • The person to whom the parental rights and duties are delegated must follow a counseling program to prevent situations of conflict, lack of adjustment or negligence in the relationship with the minor.

5. Autoritatea Naţională pentru Protecţia Drepturilor Copilului şi Adopţie • GD No. 691 of 19 August 2015 concerning the services that children with parents working abroad can benefit from, as well as the modality of collaboration between local authorities and those at the community level The public social assistance service requests annually, in the last quarter of the year, to the school units operating within their administrative-territorial range, data and information on children in the following situations: a) children with both parents abroad; b) children with the sole supporter parent that has gone abroad; c) children with single-parent left abroad; d) children returned to the country after a period living abroad together with his parents more than a year Afterwords, the public social assistance has the obligation to: • to go to the address where the children with both parents who left abroad or the children with the sole parent who left abroad in order to check if the

6. Autoritatea Naţională pentru Protecţia Drepturilor Copilului şi Adopţie parents have notified their intention to go abroad with at least 40 days before leaving the country to the public social assistance service from their home and if a person has been appointed to take care of the child during the absence of parents or guardian. • to go also to the address where the children with single-parent left abroad or the children returned to the country after a period living abroad together with his parents more than a year In the event that he/she finds that there is no designated person, the public social assistance service has the obligation to inform in writing the person in charge of the child about the obligation to announce the authority of the local public administration in whose territorial jurisdiction is located or has the domicile that he/she is taking care temporarily of a child.

7. Autoritatea Naţională pentru Protecţia Drepturilor Copilului şi Adopţie The situation of those children is being monitored by the public social assistance service ( the first 6 monthts one visit each 2 months and than every 6 months) and if the evaluation reveals suspicions of impairment of the child's emotional state, the representative of the public service of social assistance calls for the support of a psychologist for inclusion in a psychological counseling program.