LAW REPUBLIC OF LITHUANIA LAW ON CHILD GUARDIANSHIP 24 March 1998 No. VIII - 674 Vilnius Chapter I GENERAL PROVISIONS Article 1. Purpose of the Law 1. This Law establishes the child guardianship, the procedure of the establishment of guardianship, its end and organisation, the types and forms of guardianship, the rights, duties and responsibilities of the guardians, the protection in the territory of the Republic of Lithuania of personal, property rights and interests of the child under guardianship. 2. If the Republic of Lithuania has ratified international treaties which set conditions of the establishment of child guardianship other than those prescribed by this Law, the norms of the international treaties shall prevail. Article 2. Definitions As used in this Law: 1. The child means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier. 2. The child deprived of parental care means: 1) the orphaned child, whose both parents or the single parent are dead; 2) the child whose parents or close relatives are unknown (a foundling); 3) the child who is placed outside the care of his parents in the manner prescribed by law; 4) the child whose both parents or the single parent are known and attempts are made to trace them; 5) the child whose both parents or the single parent are declared dead or missing according to the procedure prescribed by law; 6) the child whose both parents or the single parent are declared legally incapable according to the procedure established by law; 7) the child whose both parents or the single parent are temporarily incapable to take care of him by reason of illness, arrest, imposed court sentence or because of other valid reasons; 8) the child whose both parents or the single parent neglect him, do not take proper care of him, are not bringing him up properly, have a negative influence on the child and his physical and mental health is endangered. 3. Child guardianship means the care for and upbringing of the child deprived of parental care and placed, in the manner prescribed by law, in the care of a natural or legal person, also the representation and protection of the child’s rights and interests. 4. The child under guardianship (the ward) means a child for whom guardianship is established in accordance with the legal procedure. 5. The guardian of the child means a natural or legal person who has been lawfully invested with the power of taking care and upbringing of the child deprived of parental care, also of representing and protecting his legitimate interests. 6. Close relatives of the child means his grandparents, brothers and sisters, also the brothers and sisters of the child’s parents. Article 3. The Purpose and Objectives of Child Guardianship 1. The purpose of child guardianship is to ensure the child’s upbringing and care in the environment which would facilitate his growing up, development and progress. 2. Objectives of child guardianship: 1) to appoint for the child a guardian whose duty it will be to take care of the child, bring him up, represent the child and protect his rights and legitimate interests; 2) to provide the child with living conditions which would be adequate for his age, state of health and development level; 3) to prepare the child for independent life in a family and in the society. Article 4. The Principles of Establishing Child Guardianship 1. The establishment of child guardianship shall be governed by the following principles: 1) the best interests of the child must be the paramount consideration; 2) priority in becoming the child’s guardians must be accorded to his close relatives, provided this is in his best interests; 3) family guardianship; 4) non-separation of siblings, except when this is contrary to the child’s interests. 2. When child guardianship is established or ended, or a guardian is appointed to the child capable of forming his own views, the child shall be provided the opportunity to be heard and to influence the decision making. Article 5. Types and Forms of Child Guardianship 1. Types of child guardianship: 1) temporary guardianship; 2) permanent guardianship. 2. Forms of child guardianship: 1) family guardianship; 2) foster guardianship; 3) institutional guardianship. Chapter II TEMPORARY CHILD GUARDIANSHIP Article 6. Definition of the Temporary Child Guardianship Temporary child guardianship means care for and upbringing of the child temporarily deprived of parental care, also representation and protection of his legitimate interests in the family, foster family or institution. The purpose of temporary child guardianship is his return into the family. Article 7. Establishing Temporary Child Guardianship Temporary guardianship shall be established for the child when his: 1) both parents or the single parent are missing and attempts are made to trace them (pending the court decision declaring them missing or dead); 2) both parents or the single parent are temporarily incapable to take care of the child because of the parents’ (the father’s or the mother’
- s)illness, arrest, imposed sentence, or due to other compelling reasons; 3) both parents or the single parent do not take care of the child, neglect him, do not look after him, do not bring him up properly, use physical or mental violence and thereby endanger the child’s physical, mental, spiritual or moral development and safety (pending the court order to deprive the child of the family environment). Article 8. End of the Temporary Child Guardianship Temporary child guardianship shall end when the child: 1) is returned into his family; 2) attains majority; 3) permanent guardianship is established for him; 4) is adopted; 5) enters into a marriage. Chapter III THE PERMANENT CHILD GUARDIANSHIP Article 9. Definition of the Permanent Child Guardianship Permanent child guardianship means care and upbringing of the child deprived of parental care who, under the existing conditions, is unable to return into his family, also representation and protection of his legitimate interests in the family, foster family or institution. Article 10. Establishing Permanent Child Guardianship Permanent child guardianship shall be established when: 1) both parents or the single parent of the child are dead; 2) both parents of the child or his single parent have been declared through court procedure as deceased or missing; 3) the child has been deprived of the family environment in accordance with the procedure established by law; 4) the child’s parents or close relatives are not identified within a 3-month period after he has been found; 5) both parents or the single parent of the child are declared legally incapable in accordance with the procedure established by law. Article 11. End of the Permanent Child Guardianship Permanent child guardianship shall end when the child: 1) attains majority; 2) is returned into his family environment; 3) is adopted; 4) enters into a marriage. Chapter IV FAMILY GUARDIANSHIP, FOSTER GUARDIANSHIP AND INSTITUTIONAL GUARDIANSHIP Article 12. Family Guardianship 1. Family guardianship is the form of guardianship when not more than 5 children (the total number of children in the family together with the parents’ own children may not exceed 5) are placed under guardianship in natural family environment. 2. In the event of non-separation of siblings, the total number of children may exceed the number specified in paragraph 1 hereof. 3. When appointing a guardian of the child priority shall be given to his close relatives provided they posses adequate living conditions and do not belong to the persons or the group of persons listed in Article 23 of this Law. Article 13. Foster Guardianship 1. Foster guardianship is the form of guardianship when a legal person (foster family) has under its guardianship 6 or more children (the total number of children in a foster family together with the parents’ own children may not exceed 12) in a family environment. 2. In the event of non-separation of siblings, the total number of children may exceed the number specified in paragraph 1 hereof. 3. Foster guardianship of the child shall be established by the laws of the Republic of Lithuania, the Foster Family Regulations approved by the Government or its authorised institution, other legal acts. 4. The wage and other conditions of remuneration for work of the child’s guardian who has set up a foster family shall be established based on the laws of the Republic of Lithuania, Government Decrees and other legal acts. Article 14. Guardianship of the Child in Public and Non-government Guardianship Institutions 1. A child deprived of parental care shall be placed in a public or non-government child guardianship institution when there is no possibility of taking the child into care in the family or foster family. 2. Institutional child guardianship shall be established by the laws and other legal acts of the Republic of Lithuania. Chapter V ESTABLISHMENT, ORGANISATION AND MANAGEMENT OF CHILD GUARDIANSHIP Article 15. Establishment of Temporary Guardianship of the Child 1. Temporary guardianship of the child shall be established as of the day of registration of the application with the district (city) local government on the decision (ordinance) of the municipal board (the mayor) following the recommendation of the Agency for the Protection of the Rights of the Child of the district (city) municipality. Recommendations relating to the appointment of the guardian may be presented to the Agency for the Protection of the Rights of the Child of the district (city) municipality by public and non-government organisations, connected with the protection of the rights of the child, also by other natural and legal persons. 2. The plan of the child’s temporary guardianship and his subsequent return into the family shall be drawn up within 15 days after the establishment of the temporary guardianship, which plan shall be signed by the Agency for the Protection of the Rights of the Child of the district (city) municipality, the child’s parents, the child’s temporary guardians and a non-government organisation (if desirous). If the child’s parents are unable to participate and approve of the child’s temporary guardianship plan, it shall be signed by the Agency for the Protection of the Rights of the Child of the district (city) municipality, the child’s temporary guardians and the non-government organisation (if desirous). Article 16. Establishment of Permanent Guardianship of the Child Permanent guardianship of the child shall be established by the court decision on the application of the Agency for the Protection of the Rights of the Child of the district (city) municipality. Petitions for the establishment of the child’s permanent guardianship may be filed with the Agency for the Protection of the Rights of the Child of the district (city) municipality by the public and non-government organisations connected with the protections of the rights of the child, also by other natural and legal persons. Article 17. Appointment of the Child’s Guardian 1. Where temporary guardianship of the child is being established, the child’s guardian shall be appointed on the decision (ordinance) of the district (city) municipal board (the mayor) on the recommendation of the Agency for the Protection of the Rights of the Child of the district (city) municipality. Recommendations for the appointment of the guardian may be presented to the Agency for the Protection of the Rights of the Child by public and non-government organisations connected with the protections of the rights of the child. 2. The decision (ordinance) of the district (city) municipal board (the mayor) relative to the appointment of the child’s guardian shall specify: the name of the institution which adopted the decision (issued the ordinance), the date of adoption of the decision (issuing of the ordinance), the type of guardianship of the child, the guardian of the child, the child under guardianship, the place of guardianship, the institution responsible for the protection of assets owned by the child, other important circumstances which affect the guardianship of the child and the establishment thereof. 3. Where permanent guardianship of the child is being established, the guardian of the child shall be appointed by the court decision on the application of the Agency for the Protection of the Rights of the Child of the district (city) municipality. 4. When establishing the guardianship of the child, the will of the child’s dead parents (adoptive parents) regarding the appointment of the child’s guardian as expressed in their testament shall be taken into consideration provided this is in conformity with Article 23 of this Law. Article 18. The Place of Guardianship of the Child The place of guardianship of the child may be: 1) the guardian’s place of residence; 2) the child’s place of residence; 3) the child’s guardianship institution. Article 19. Organisation of Guardianship of the Child 1. The Agency for the Protection of the Rights of the Child of the district (city) municipality shall organise the guardianship of the child in its territory. 2. The Agency for the Protection of the Rights of the Child of the district (city) municipality shall organise the guardianship of the child in co-operation with other local authorities and non-government institutions and organisations connected with the protection of the rights of the child. 3. The procedure for organising the guardianship of the child pursuant to this Law shall be established by the Regulations for the Organisation of Child Guardianship approved by the Government or its authorised institution. Article 20. Management of the Child Guardianship 1. The child guardianship in the family, foster family or institution shall be managed by the Agency for the Protection of the Rights of the Child of the district (city) municipality. 2. The district (city) municipality Agency for the Protection of the Rights of the Child shall manage the child guardianship in conjunction with other institutions connected with the protection of the rights of the child. Article 21. Expiry and Termination of the Authority of the Child’s Guardian 1. On the decision (ordinance) of the district (city) municipal board (the mayor), the authority of the child’s guardian shall expire when: 1) the child’s temporary or permanent guardianship ends; 2) the guardian is no longer capable to act in the capacity of the guardian because of ill health, changes in the financial position or family status or due to other valid reasons. 2. The authority of the child’s guardian shall be terminated on the decision of the court subject to the application of the Agency for the Protection of the Rights of the Child of the district (city) municipality when the child’s guardian fails to fulfil or neglects his duties or refuses the responsibilities of a guardian. Chapter VI THE CHILD’S GUARDIAN, HIS DUTIES, RIGHTS AND RESPONSIBILITY Article 22. The Procedure for Choosing the Child’s Guardian 1. The child’s guardian shall be chosen taking into consideration his personal properties, his relationship with the child deprived of parental care and the child’s interests. 2. The prospective guardian of the child shall file the following documents with the Agency for the Protection of the Rights of the Child of the district (city) municipality: 1) an application specifying the number of children he wishes to assume guardianship of and bring up, their age and the types of guardianship; 2) a health certificate in the form established by the institution authorised by the Government; 3) a written consent of persons aged 15 and over who are residing together. Article 23. A Person who may not be Appointed as the Child’s Guardian The following persons may not be appointed as the guardian of the child: 1) a person who is under the age of 21 years, unless guardianship is assumed by a close relative; 2) a person recognised as legally incapable or as a person of diminished capacity; 3) a person from whom the child has been removed without terminating the person’s parental rights; 4) former adoptive father (adoptive mother) if the adoption is terminated because of the foster father’s (foster mother’
- s)failure to duly fulfil his/her duties; 5) if the person’s authority as the child’s guardian has been terminated under paragraph 2 of Article 21 of this Law; 6) a person who has a record of convictions for wilful offences; 7) a person who has attained the age of 50 years, if he wants to assume permanent guardianship of a child younger than 10 years of age; 8) a person who has attained the age of 65 years or older, except for a close relative, if he wants to assume temporary guardianship of a child younger than 10 years of age. Article 24. Preparation for Child Guardianship The child guardian’s preparation for guardianship shall be organised and co-ordinated by the Agencies for the Protection of the Rights of the Child district (city) municipalities, other organisations and institutions possessing the relevant work experience. Article 25. The Duties of the Child’s Guardian The child’s guardian must: 1) ensure the child’s physical and mental safety; 2) take care of the child’s health and schooling; 3) educate the child; 4) decide the issues related to the child’s interests in co-operation with the interested central and local government institutions; 5) not obstruct the child’s visitation with his biological parents provided this is not detrimental to the child’s interests; 6) inform the child’s parents and close relatives if they so request about the child’s development, state of health, studies and other material issues; 7) organise the child’s leisure activity, taking into account his age, state of health, development level and inclinations; 8) prepare the child for independent life and work in the family, civic society and the state. Article 26. The Duty of the Child’s Guardian to Reside together with his Ward 1. The child’s guardian (when the guardian of the child is a natural person or a foster family) must reside together with the child who is under his guardianship. 2. In certain cases the child’s guardian may reside separately, provided this is not contrary to the child’s best interests. Authorisation to reside separately shall be granted to the child’s guardian by the Agency for the Protection of the Rights of the Child of the city (district) municipality. Article 27. The Rights of the Child’s Guardian 1. The child’s guardian shall be his legal representative and shall protect his rights and legitimate interests. 2. The child’s guardian shall have the right to proceed in court for the removal of the child from any persons who are keeping him unlawfully and for his return to the guardian. Article 28. The Liability of the Child’s Guardian 1. The child’s guardian shall be held liable under law for the damage inflicted by the child. 2. The child’s guardian shall be held liable under law for failure to fully or properly fulfil his duties. Chapter VII THE FUNDING OF THE CHILD UNDER GUARDIANSHIP AND HIS PROPERTY RELATIONS Article 29. Maintenance of the Child under Guardianship The maintenance of the child under guardianship in the family, foster family or non-government guardianship institution shall be regulated by the Law on State Benefits to Families with Children. Article 30. Disposal of the Income Received by the Child under Guardianship 1. The funds allocated for the maintenance of the child under guardianship shall be disposed of by the guardian of the child exclusively in the best interests of the child. 2. The child under guardianship may dispose, according to his capacity, of a part of his income, avail himself of other property rights established by appropriate laws and legal acts. Article 31. Property Relations of the Child under Guardianship and the Child’s Guardian 1. The child under guardianship shall not acquire property rights to the guardian’s assets. 2. The child’s guardian shall not acquire property rights to the assets owned by his ward. Article 32. Management of the Ward’s Assets 1. Upon the establishment of the child’s temporary guardianship the management of the child’s assets shall be assigned, on the decision (ordinance) of the district (city) municipal board (the mayor), to the Agency for the Protection of the Rights of the Child of the district (city) municipality, at whose disposal the assets of the ward are. 2. Upon the establishment of the permanent guardianship of the child the management of the child’s assets shall be assigned by court decision to the Agency for the Protection of the Rights of the Child of the district (city) municipality, at whose disposal the assets of the ward are. Article 33. Transactions which Require the Consent of the Agency for the Protection of the Rights of the Child 1. The child’s guardian shall be the legal representative of the child and shall enter, on his behalf and in his interests, into the required transactions. 2. The guardian of the child may dispose of the assets owned by his ward only provided he has the finding of the Agency for the Protection of the Rights of the Child of the district (city) municipality confirming that the transactions are not contrary to the bests interests of the child under guardianship. Chapter VIII FINAL PROVISIONS Article 34. Entry into force The Law shall enter into force as of 1 July 1998. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS