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Statements for parents gone abroad*
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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, is obligated to notify this intention to the public social assistance service at their domicile, at least 40 days before leaving the country.
(2) The notification shall mandatorily include the designation of the person who will take care of the child during the absence of the parents or guardian, as applicable.
(3) The confirmation of the person under whose care the child will remain is carried out by the guardianship court, in accordance with the provisions of this law.
(4) The provisions of this article are also applicable to the guardian, as well as in the case 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 the upbringing and development of the child for a period of 6 months.
(3) The court shall order the temporary delegation of parental authority regarding 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 shall be given by this person personally, before the court.
(5) The request shall be accompanied by documents showing compliance with the conditions provided in para. (1).
(6) The request is solved by non-contentious procedure, according to the Code of Civil Procedure. The decision on the request for delegation of parental rights and duties is made within 3 days from its submission.
(7) The decision shall expressly mention the rights and duties that are delegated and the period for which the delegation takes place.
(8) For the situation provided in para. (2), after the court decides to delegate parental rights, the person responsible for the care and upbringing of the child must obligatorily follow a counseling program, to prevent situations of conflict, maladaptation, or negligence in the relationship with 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 the social assistance services, may initiate, within the budgetary provisions of the state or local budgets and within the income and expenditure budgets provided for this purpose, information campaigns for parents, in order to:
a) raise parents' awareness of the risks assumed by leaving for work abroad;
b) inform parents about their obligations in the event that they intend to leave abroad.
ART. 107
The procedure for monitoring the way in which the child with parents working abroad is raised and cared for, as well as the services from which they may benefit, is 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 are obliged to develop specialized counseling services intended for the child who has returned to the country, after a period of stay abroad with the parents of more than one year.
ART. 142
(1) The following acts constitute contraventions, unless they were committed in such conditions that, according to the law, they are to be recognized as offenses:
ş) failure to comply with the obligation provided in art. 104 para. (1);
(2) The contraventions provided in para. (1) are sanctioned as follows:
a) with a fine from 500 lei to 1,000 lei, for those provided in letter ş);
(3) The finding of contraventions and application of sanctions is carried out by specially designated persons among those with control attributions from:
c) the Ministry of Labor, Family, Social Protection and Elderly Persons, for the contraventions specified 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, are applicable to the contraventions provided in art. 142.
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30
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10
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The legislation does not contain special provisions regarding remedies; in case of dispute, the common law provisions apply.
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Last updated:
30 June 2026
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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.
STR. PIATA REPUBLICII NR.44, Resita, RO
Telefon:
0355080242
Fax:
Email:
asistenta.sociala@primariaresita.ro
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Competent entities
Biroul pentru Protecția Copilului
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