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Declarations for parents gone abroad*
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Excerpt from bent Law no. 272/2004 regarding the protection and promotion of the rights of the child, republished, with subsequent amendments and completions
SECTION 4
ART. 104
(1) The parent who exercises sole parental authority or with whom the child lives, who is to leave to work abroad, has the obligation to notify this intention to the public social assistance service from their domicile, at least 40 days before leaving the country.
(2) The notification shall obligatorily contain the designation of the person responsible for the care of the child during the absence of the parents or guardian, as the case may be.
(3) The confirmation of the person under whose care the child will remain is made 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 the case where both parents are to leave to work in another state.
ART. 105
(1) The person designated under art. 104 para. (2) must be part of the extended family, be at least 18 years old and fulfill the material conditions and moral guarantees necessary for raising and caring for a child.
(2) The public social assistance services organized at angling of the cities, 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 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 agreement of the person to whom parental authority is to be delegated is expressed by that person personally, before the court.
(5) Documents showing the fulfillment of the conditions provided in compilation (1) shall be attached to the application.
(6) The application is resolved in a non-contentious procedure, according to the Civil Procedure Code. The settlement of the application for relatively of 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 in arbitrage (2), after the court decides on the delegation of parental rights, the person tasked with the care and upbringing of the child is required to follow, obligatorily, a counseling program, to prevent situations of conflict, maladaptation, or neglect 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 the delegation of parental authority is granted.
ART. 106
The local public administration authorities, through the social assistance services, may initiate, within the limits of the state or local budget provisions and within the revenue and expenditure budgets provided for this purpose, information campaigns for parents, in order to:
a) raise awareness among parents of the risks assumed by going to work abroad;
b) inform parents about their obligations in the situation where they intend to leave abroad.
ART. 107
The procedure for monitoring the way of raising and caring for the child with parents gone to work abroad, as well as the services they may benefit from, are established by Government decision, at the proposal of the Ministry of Labour, 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 center for resources and educational assistance have the obligation to develop specialized counseling services for the child who has returned to the country, after a period of stay abroad with the parents exceeding one year.
ART. 142
(1) The following acts constitute contraventions, unless they were committed under such conditions that, according to the law, they should be considered crimes:
ş) failure to comply with the obligation provided in art. 104 para. (1);
(2) The contraventions provided in nomination (1) are sanctioned as follows:
a) with a fine from 500 lei to 1,000 lei, those provided in letter ş);
(3) The finding of the contraventions and the application of the sanction are done by specially designated persons among those with control tasks from caser:
c) Ministry of Labour, Family, Social Protection and Elderly Persons, for the contraventions provided 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.
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Resolution time:
30
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Case filling duration:
10
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Notification deadline:
5
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The legislation does not contain special provisions regarding remedies; in case of dispute, the common law provisions are applicable.
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Last updated:
02 August 2022
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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.
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