Case n. 5 – 1 (Alternative family care)

Case n. 5 – 1 (Alternative family care)

A married couple came without a notice to appear to the Local Authority of Jihlava, the Department of Social Affairs, the Department of Social and Legal Protection of Children to ask you for providing the necessary information to the situation in which they got.

The marriage was closed 5 years ago, and at the time of the conclusion of marriage, they have decided to start a family. After a year, when the lady still could not get pregnant, her doctor recommended her a professional spa stay and other special examinations. Currently, doctors have ruled out the possibility of pregnancy. However, the married couple is still interested in the upbringing of a minor child. Their permanent residence is at Kamenice u Jihlavy 573.

Task:

Focus on the various forms of alternative family care, which might be appropriate in this case.

Key words and phrases to be solved:

-          The Municipal Authority of Jihlava (preferably local authority)

-         The Department of Social and Legal Protection of Children

-          Married couple

-          Marriage was closed 5 years ago

-          After a  year when the woman could not get pregnant

-          A specialist recommended spa stay and other special examination

-          At present the doctors ruled out the possibility of pregnancy

-          The married couple is still interested in the upbringing of a minor child

-          They are registered for permanent residence at Kamenice u Jihlavy 573

Solution:

Due to the fact that the married couple has an interest in the upbringing of the child, they can apply for inclusion into the register of applicants for foster education – adoption would be the most suitable form for them. They should submit a written request to the Municipal Authority of Jihlava. They will fill in their personal information, the motivation for taking a child into care and the concept of the child in terms of age, sex, health, ethnicity and educability. Further, they have to substantiate the current medical report, the amount of income and financial condition report, and whether they want to be included into the register of applicants for international adoption. The Municipal Authority of Jihlava will require a copy (note: it is not the same as listing!) from their criminal records and performs social inquiry with them. (proceedings for foster education at the Municipal Authority with extended competence - i.e. municipality of the III. type I)

The Regional Authority invites them to a psychological examination and assesses their current health status after acceptance of the case file of applicants from the Municipal Authority of Jihlava. After the couple is obliged to do preparation of individuals wishing to take a child for adoption – there are involved a paediatrician, paedopsychologist, social worker and adoptive parents who have taken a child into care. Furthermore, the Regional Authority decides upon inclusion into the adoption registry. If their application was rejected, they may lodge an appeal to it within 15 days from receipt of the decision. The appeal will be decided by the Ministry of Labour and Social Affairs. (proceedings for foster education at the Regional Authority I).

Key words and phrases for solutions:

-          Adoption registry

-          Adoption would be the most appropriate form of foster care

-          Submit a request to the Municipal Authority of Jihlava, the Department of Social and Legal Protection of Children

-          Personal data, motivation for taking a child into care and ideas about child's gender, age, ethnicity, health and educability are included in the request

-          Medical report

-          The amount of income and financial condition report

-          Register of applicants for international adoption

-          A copy of the criminal record

-          Social inquiry

-          The Regional Authority

-          Special psychological examination

-          Assessment of the actual health status

-          Preparation of individuals interested in adoption of a child

-          A paediatrician, paedopsychologist, social worker and adoptive parents are involved in the preparation

-          Request rejected

-          The appeal within 15 days

-          The appeal will be decided by the Ministry of Labour and Social Affairs

The case is based on the following legislation:

Material:

The Family Act (94/1963 Coll., As amended)

Act on Social and Legal Protection of Children (359/1999 Coll., As amended)

Process:

The Law on Administrative Proceedings – Administrative Regulations (500/2004 Coll., As amended)

Case n. 5 – 2 (Mediation procedures concerning foster care – adoption)

Case n. 5 – 2 (Mediation procedures concerning foster care – adoption)

A married couple came without a notice to appear to the Local Authority of Jihlava, the Department of Social Affairs, the Department of Social and Legal Protection of Children to ask you for providing the necessary information to the situation, which they got in.

The marriage was closed 6 years ago, and at the time of the conclusion of the marriage, they decided to start a family. A year ago, doctors have ruled out the possibility of pregnancy. The married couple asked for adoption. They have been included into the register of applicants for foster education by the Regional Authority.

The married couple asked for information concerning other mediation procedures concerning adoption. Their permanent residence is at Kamenice u Jihlavy 573.

Task:

Focus on the further process of mediation procedures concerning foster care – adoption.

Key words and phrases to be solved:

-          The Municipal Authority of Jihlava (preferably local authority)

-          The Department of Social and Legal Protection of Children

-          Married couple

-          Marriage was closed 6 years ago

-          Doctors ruled out the possibility of pregnancy a year ago

-          The spouses applied for adoption

-          The Regional Authority included them into the register of applicants for adoption

-          Next steps in arranging of an adoption

-          The spouses are registered for permanent residence at Kamenice u Jihlavy 573

Solution:

After inclusion into the register of applicants for adoption, the couple will wait, until they are contacted by the Regional Authority after a meeting of the Regional Advisory Body, for the statement, which child has been selected for their adoption. The Regional Authority shall inform them about the personal data of the child and where he or she is currently located. Applicants can then meet the child and learn the basic anamnestic data and the actual health condition and development level (based on the examination of a paedopsychologist). If they decide to take the child to custody, they must first ask for entrusting the child to the care of adoptive parents (so-called “pre-adoption care”) at the municipal office of the 3^rd type. This takes at least 3 months and during this time period social workers find out in social surveys, whether there has been a relationship to the family established and how the applicants provide the child's upbringing. ("Pre-adoption care")

After 3 months, the applicants may submit a proposal for the adoption of a minor child at the District Court. The proposal is submitted by the District Court in Jihlava in quadruplicate. One is intended to the guardianship file of a minor child and other to the participants –  the mother, father and a minor child represented by a guardian automatically appointed by law by the court – usually the Municipal Authority of Jihlava – the Department of Social and Legal Protection of Children. (initiate guardianship proceedings)

After the appointment of a guardian, the court may initiate evidence proceedings. In the framework, applicants for adoption are mainly heard and asked for the amount of income report (including benefits from the social security system) and the financial condition report, the actual health condition and a listing from their criminal records. After the burden of proceedings, the court gives its judgment. (course management)

After the judgment comes into force, parental responsibility is fully passed to adoptive parents. The child bears their name and the registry office, which issued the birth certificate of the minor child, modifies data in the book of birth and issues a new birth certificate, which lists adoptive parents instead of the biologic mother and father. Adoption creates bonds, as in the biological family.

Key words and phrases to be solved:

-          Regional Advisory Body

-          Which device the minor child is currently located in

-          Basic anamnestic data

-          The actual health condition and development level

-          First, the child has to be in the care of the future adoptive parents

-          "Pre-adoption care" takes at least 3 months

-          Social inquiry

-          The District Court

-          In 4 copies

-          Participants – applicants for adoption and a minor child represented by a guardian

-          The burden of proof

-          Examination of applicants for adoption

-          Amount of income and financial condition report

-          Listing from the criminal record

-          The court gives its judgment

-          Parental responsibility is fully passed to adoptive parents

-          Change in the book of birth

-          A new birth certificate

The case is based on the following legislation:

Material:

The Family Act (94/1963 Coll., As amended)

The law on social and legal protection of children (359/1999 Coll., As amended)

Process:

The Law on Administrative Proceedings - Administrative Regulations (500/2004 Coll., As amended)

Civil Procedure (99/1963 Coll., As amended)

Case n. 5 (The possibility of institutionalizing the grandmother to a care home for the elderly)

A woman with her son came without a notice to come to the Regional Department of Employment Office in Jihlava, the Department of Non-insurance Benefits, and told you the following information.

The lady is 86 years old. She became a widow 7 years ago. She lives alone in a house 3 + 1. Her family members visit her regularly twice a week. She spends a weekend with her son once a month and with her daughter once a month as well.

The lady was granted a benefit for care of the third degree of dependence in March 2011. Services are delivered by care service – lunch is delivered to her every day, her household is cleaned twice a week, and she is brought to the centre of personal hygiene three times a week.

The lady must regularly attend professional medical advice. Her son is interested in the possibility of greater security of his mother.

The lady is a permanent resident at Jihlava, Rantířovská 27, her son at Batelov, Luční 369.

Task:

Focus on the possibility of providing social prevention services – emergency care and social assistance for the disabled – Contribution to procure a special aid.

Key words and phrases to be solved:

-          The Regional Department of Employment Office in Jihlava

-          The lady is 86 years old

-          The lady widowed 7 years ago

-          She lives alone in the house 3 + 1

-          She is regularly visited by her family members twice a week

-          The lady spends a weekend with her son once a month and with her daughter once a month

-          The lady has been granted a benefit for care of the third degree of dependence since March 2011

-          Home care

-          The woman is delivered lunch every day

-          Twice a week, her household is cleaned

-          Three times a week, she is taken to the centre of personal hygiene

-          The woman must regularly attend specialized doctors

-          Woman’s son is interested in the possibility of his mother’s greater security

-          The lady is a permanent resident at Jihlava, Rantířovská27

-          The woman’s son is a permanent resident at Batelov, Luční 369

Solution:

The lady has a chance to show interest in being provided emergency care. The choice of provider is not bound to the place of residence or the number of applications for admission. A suitable provider of social prevention services can be found e.g. in the register of social services, which is publicly available on the Internet. The family should focus on contacting LIFE 90 Jihlava, which provides emergency services via the AREÍON (NB sensor, which monitors the movement of people around the apartment and it is 24 hours a day connected to the central control room).

After expressions of interest for the provision of emergency care, it is needed to substantiate the current medical findings and (at the discretion of the applicant) the amount of income. The emergency care provider will then perform a social survey by the woman. In case of spare capacity, they may begin to negotiate the conditions for the provision of emergency care.

The contract includes a determination of the participants concluding it – the service provider and the user, the type of services to be provided, to what extent and where, the amount of payment for services, when the contract enters into force, the conditions under which the participants may withdraw from the agreement, if the agreement is concluded for a definite or indefinite period, and the number of copies. In conclusion, there is stated when and where it was concluded and the signatures of the participants.

Key words and phrases to be solved:

-          Show interest in providing emergency care

-          Choice of provider is not bound to permanent residence or limited number of applications

-          The Registry of Social Services

-          Current medical findings

-          Social survey of those interested in social service

-          Create the arrangements for the provision of services

-          The contract contains the definition of participants concluding it – providers and users of the services

-          The scope of the service

-          The place and time range of the service

-          The amount of payment for the provision of the service

-          When the contract enters into force

-          The conditions under which the participants may withdraw from the agreement

-          The agreement on definite or indefinite period

-          The place and date of concluding and signatures of the participants

The woman may ask for a contribution on acquisition of a special aid – AREÍON at the Regional Department of Employment Office in Jihlava (on a prescribed form issued by the Ministry of Labour and Social Affairs). A written request is needed to be substantiated by the identity card, the amount of income for the previous year-quarter, confirmation that the aid is not paid by the health insurance or not available for rent.

The Employment Office performs a social survey by the applicant. It also asks the District of Social Security Administration for the assessment of the health condition of the woman. The medical assessor will require current medical findings from her general practitioner (note – he/she adds the conclusions of examinations of specialised doctors) and processes the report.

After that, the Regional Department of Employment Office decides in re. If the entitlement to a benefit for the special aids occurs, there must be decided on the amount of the benefits. In case, the claim does not arise, the application is rejected. (management of social assistance benefit for the disabled – benefit for the special aid)

The applicants must receive the decision into their own hands. Within 15 days of the receipt, they may file an appeal by the Employment Office, which ruled in the first instance. The appeal is decided in the second instance the Ministry of Labour and Social Affairs. (benefits in material need – appeal)

Benefit for the acquisition of a special aid is a repeated, social allowance.

Key words and phrases to be solved:

-          The Regional Department of Employment Office The lady is 86 years old

-          A request for a contribution to acquisition of a special aid (can also be a compensatory aid)

-          Identity card

-          Completed application in writing

-          The amount of income for the previous quarter

-          A confirmation that the aid is not paid by the health insurance or not available for rent

-          Social survey

-          The District of Social Security Administration

-          Current medical findings

-          The assessment doctor

-          If the claim arises, the Employment Office shall issue a notice

-          The decision may be appealed within 15 days

-          The appeal is made ​​by the Ministry of Labour and Social Affairs

-          Mobility benefit is a repeated, claim allowance

The case is based on the following legislation:

Material:

The Social Services Act (108/2006 Sb., As amended)

Decree implementing the Law on Social Services (505/2006 Sb., As amended)

An Act to provide benefits to persons with disabilities (329/2011 Sb.)

Decree on the implementation of certain provisions of the Act to provide benefits to persons with disabilities (388/2011 Sb.)

Decree on the tab of the social system (424/2011 Sb.)

Process:

The Law on Administrative Proceedings - Administrative Procedure (500/2004 Sb., As amended)