Case n. 2 - 1 (The situation of the minor child, whose parents failed to fulfil the obligations arising from their parental responsibility)

Case n. 2 - 1 (The situation of the minor child, whose parents failed to fulfil the obligations arising from their parental responsibility)

Special school in Jihlava has informed the Municipal Authority of Jihlava, the Department of Social and Legal Protection of Children several times by phone about a second-grade boy coming completely under-dressed, often barefoot, brings no food, hasn’t got adequate fluid intake, he is unprepared for the lessons – homework is not usually done. He often comes to school late, tired. The family neglects the treatment of the minor child, devotes him a minimum time. Parents cooperate with school in a minimum range – always after the challenge of the class teacher or the educational consultant. The mother is only allowed to a temporary stay in the territory of the Czech Republic, the father of the minor child is not at present listed in the register of job seekers at the Employment Office in Jihlava.

The supervision was set above the treatment of the minor boy and it is regularly performed by the Municipal Authority of Jihlava, the Department of Social and Legal Protection of Children. Currently, the grandparents from the father are not interested in the treatment of the minor child and the boy visibly suffers in the family.

The family is a permanent resident at Jihlava, Brněnská 49.

Task:

Focus on the situation of the minor child, whose parents failed to fulfill the obligations arising from their parental responsibility, and the executed supervision over the treatment of the minor does not fulfill its purpose.

Key words and phrases to be solved:

-       Special School

-       The Municipal Authority of Jihlava (preferably local authority)

-       The Department of Social and Legal Protection of Children

-       The boy attends the second grade

-       He comes poorly dressed, barefoot, bringing no food

-       He is unprepared for the lessons

-       Homework is not usually done

-       He often comes late and tired

-       The family neglects treatment of the minor

-       The parents cooperate with the school in a minimum range

-       The mother is only allowed to a temporary stay in the territory of the Czech Republic

-       The father of the minor child does not work

-       The father is not listed in the register of job seekers at the Employment Office

-       Supervision was set above the treatment of the minor boy

-       Supervision is regularly performed

-       Grandparents from the father are not interested in the treatment of the minor child

-       The boy suffers in the family

-       The family is a permanent resident at Jihlava, Brněnská 49

Solution:

The Department of Social and Legal Protection of Children should conduct a social investigation by the parents of the mother, if they were interested in the treatment of their grandson and if they had any prerequisites to his upbringing. Or, it might find out other suitable natural persons who would take over treatment of the minor.

If they fail to get a suitable natural person who would take over the education of the minor child, the extreme way to deal with the situation of the boy would be filing for the institutional care.

The application shall be filed with the District Court in Jihlava (according to the place of residence of the minor child) in five copies, which are determined for participants of proceedings – i.e. mother, father, the minor child represented by the guardian, the prosecutor and one copy to the guardianship file, which is administered by the court. (initiation of institutional care for the treatment of a minor child)

Within the burden of proceedings, the court hears the mother, father, child’s grandparents from the both sides of the family; the guardian is requested for the report on treatment conditions in the family of the minor within the supervision. Furthermore, the court will require a report from school the boy attends, paediatrician’s report and the report on the income of the parents. After the burden of proof, the court gives its judgment. If the family situation does not change, it will decree institutional care for the boy’s treatment. (course management)

The judgment is delivered to all participants and they have the right to lodge an appeal within 15 days. The appeal of the 2^nd stage will be determined by the Regional Court. The proceedings shall appoint a guardian of the child and after the burden of proof it newly decides in re. (appeal proceedings)

Keywords and phrases to be solved:

-          The Department of Social and Legal Protection of Children

-          Social inquiry by the parents of the child’s mother

-          Interest in the treatment of the grandson

-          Other suitable natural persons

-          An extreme way of dealing with the situation of the boy

-          A proposal for institutional care

-          The District Court of Jihlava

-          The proposal shall be submitted in five copies

-          Participants – the mother, father, represented by the guardian of the minor child, the prosecutor

-          Within the burden of proof

-          The court hears parents and grandparents on the both sides

-          The court requests a report on treatment conditions in the child’s family under the supervision

-          A report from the school and the paediatrician

-          The report on the income of the parents

-          The family situation will not change

-          The court shall order the institutional care for the boy’s treatment

-          The deadline for filing an appeal to the judgment is 15 days

-          The appeal is decided by the Regional Court

After the burden of proof, it newly decides in re

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 Sb., As amended)

Process:
Code of Civil Procedure (99/1963 Coll., As amended)