Single digital gateway for public services
Declarations for parents gone abroad*
favorite_border
Add favorite
Procedure
Online
Cetateni
National
Excerpt from Law no. 272/2004 regarding the protection and promotion of children's rights, republished, with subsequent amendments and completions
SECTION 4
ART. 104
(1) The parent who exercises sole parental authority or with whom the child resides, who is to leave for work abroad, has the obligation to notify this intention to the public social assistance service at the domicile, at least 40 days before leaving the country.
(2) The notification will mandatorily contain the designation of the person who will take care of the child during the absence of the parent or guardian, as the case may be.
(3) The confirmation of the person in whose care the child will remain is performed by the guardianship court, in accordance with the provisions of this law.
(4) The provisions of this article also apply to the guardian, as well as in cases where both parents are to leave for work in another country.
ART. 105
(1) The person designated according to art. 104 para. (2) must be part of the extended family, be at least 18 years old, and meet the material conditions and moral guarantees necessary for raising and caring for a child.
(2) The public social assistance services organized at the level of municipalities, towns, and communes provide the designated persons with counseling and information regarding the responsibility for raising and ensuring the development of the child for a period of 6 months.
(3) The court shall order the temporary delegation of parental authority concerning the person of the child, for the duration of the parents' absence, but not more than one year, to the person designated according to art. 104 para. (3).
(4) The consent of the person to whom parental authority is to be delegated is expressed personally by the latter, in court.
(5) The application must be accompanied by documents proving compliance with the conditions provided in para. (1).
(6) The application is resolved through non-contentious proceedings, according to the Civil Procedure Code. The resolution of the application for delegating parental rights and duties is made within 3 days from its submission.
(7) The decision will expressly mention the rights and duties being delegated and the period for which the delegation takes place.
(8) For the situation provided for in para. (2), after the court decides on the delegation of parental rights, the person responsible for the care and upbringing of the child is required to attend a counseling program, in order to prevent situations of conflict, maladaptation, or negligence in relation to the minor.
(9) The court shall communicate a copy of the delegation decision to the mayor of the parents’ or guardian’s domicile, as well as to the mayor of the domicile of the person to whom parental authority is delegated.
ART. 106
The local public administration authorities, through social assistance services, may initiate, within the limits of the state budget or local budgets and within the revenue and expenditure budgets provided for this purpose, information campaigns for parents, in order to:
a) raise parents’ awareness of the risks involved in leaving for work abroad;
b) inform parents of the obligations they have when they intend to go abroad.
ART. 107
The procedure for monitoring the way the child is raised and cared for with parents working abroad, as well as the services they can benefit from, are established by Government decision, at the proposal of the Ministry of Labor, Family, Social Protection, and Elderly Persons, in collaboration with the Ministry of Regional Development and Public Administration.
ART. 108
The public social assistance service and the county resource and educational assistance center have the obligation to develop specialized counseling services for the child who has returned to the country, after a period of more than one year living abroad with their parents.
ART. 142
(1) The following acts constitute contraventions, if they have not been committed under such conditions that, according to the law, they are considered crimes:
ş) non-compliance with the obligation provided for in art. 104 para. (1);
(2) The contraventions provided for in para. (1) are sanctioned as follows:
a) with a fine from 500 lei to 1,000 lei, those provided for in letter ş);
(3) The finding of the contraventions and the application of the sanction are done by persons specifically designated from among those with control attributions from:
c) Ministry of Labor, Family, Social Protection, and Elderly Persons, for the contraventions provided for in para. (1) letter ş);
ART. 143 The provisions of Government Ordinance no. 2/2001 regarding the legal regime of contraventions, approved with amendments and completions by Law no. 180/2002, with subsequent amendments and completions, apply to the contraventions provided for in art. 142.
*Entitled persons
Regulated professions
Required documents
Denumire
Descriere
Obligatoriu
Semnătură digitală
Tip document
Descarcă
-
Fees
Title
Payment method
Value
Currency
None
Deadlines
Resolution time:
30
Calendar days
Case filling duration:
10
Calendar days
Notification deadline:
5
Calendar days
Appeal routes
The legislation does not contain special provisions regarding remedies; in case of dispute, the general legal provisions apply.
*Additional information
More info:
Links
None
Assistance and problem-solving services
None
Last updated:
02 August 2022
Publicat de către:
A paragraph is a self-contained unit of a discourse in writing dealing with
a particular point or idea. Paragraphs are usually an expected part of
formal writing, used to organize longer prose.
Institution responsible with document:
Publicat de către:
A paragraph is a self-contained unit of a discourse in writing dealing with
a particular point or idea. Paragraphs are usually an expected part of
formal writing, used to organize longer prose.
Resita Social Assistance Directorate*
*Content marked with an asterisk (*) has been automatically translated and may not fully reflect the original meaning. For objective interpretation, please consult the Romanian version.
Share your opinion
Provide your opinion about the content of this page. You can leave acomment about what we can improve. You will not receive a response toyour comment. Use the contact form to clarify any questions regardingthe information and services available on this portal.
Did you find what you were looking for?
Help us improve