Monitoring children with parents gone abroad*
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Cetateni
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This procedure targets monitoring the way of raising and caring for the child with parents working abroad, as well as those who have returned to the country after a period of stay abroad with their parents, longer than one year.
In the situation where both parents or the parent exercising sole parental authority or with whom the child lives is about to leave for work abroad, they are obliged to send/submit to the Social Assistance Department within Homocea Town Hall a written notification regarding the intention to work abroad, at least 40 days before departure, according to Law no. 272/2004 regarding the protection and promotion of children's rights, republished.
The obligation to notify the Social Assistance Department lies with all parents leaving for work abroad from the above-mentioned categories, regardless of whether working abroad involves or not the existence of a work contract.
The notification must include the following mandatory elements:
- identification data of the parents/parent who intend to work abroad
- identity data of the person in whose care the child will be left during the parent’s/parents’ absence from the country,
- the address where the child will live in the future, after the parent/parents leave,
- fulfillment by the person in whose care the child will be left of the conditions stipulated in art. 105, para. (1) of Law 272/2004, regarding their belonging to the extended family (to be a relative up to the fourth degree, including, with the minor – the person can be a grandparent, uncle/aunt, cousin, nephew, brother/sister, great-grandparent, sibling of a grandparent), age – minimum 18 years old and full capacity for exercise.
After receiving the notification, representatives of the Social Assistance Department will carry out a social investigation at the domicile of the person where the child will live during the delegation of parental rights, a document which will be included in the file to be sent to the court.
Parents/parent in the presented situation, will submit a request for temporary delegation of parental authority to the Adjud Court, which will contain the following information: identification data of parents/parent, child/children identification data, identification data of the person in whose care the child will be left, data regarding the workplace, the period during which the parent will be away.
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In the event of a dispute between the beneficiary and the competent authority, the common law provisions shall apply.
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