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THE PARLIAMENT OF ROMANIA

Promulgated through
Decree no. 481/2004

Law no. 272/2004

of 06/21/2004
Published in the Romanian Official Gazette, Part I, no. 557
on 06/23/2004

on the protection and promotion of the rights of the child

The Parliament of Romania adopts the present law.

CHAPTER 1
General provisions and definitions

Art. 1 – (1) The present law regulates the legal framework concerning
the observance, promotion and guarant eeing of the rights of the child.
(2) The public authorities, the authorized private institutions, as well
as the natural and legal persons resp onsible for child protection must
observe, promote and guarantee the rights of the child, as stipulated
by the Constitution and the law, in accordance with the provisions of
the UN Convention on the Rights of the Child, ratified through Law
no. 18/1990, republished, and with th e other international regulations
in this field, to which Romania is a State party.

Art. 2 – (1) The present law, any other regulations adopted in the
field of observing and promoting the rights of the child, as well as any
legal act, issued or, if the case, si gned in this field, are subordinated
primarily to the child’s best interests.
(2) The best interests of the child also take priority over the rights and
duties of the child’s parents, legal guardians, or other persons legally
responsible for him or her.
1

(3) In all actions and decisions concerning children, whether
undertaken by public authorities and authorized private institutions,
as well as courts of law, the best interests of the child shall be a
primary consideration.
(4) The persons stipulated under p aragraph (3) must involve the
family in all decisions, actions and measures taken in connection with
the child and support the care, upbringing, development and
education of the child in the family.

Art. 3 – The following categories of persons benefit from the
provisions of the present law:
a) children with Romanian citizenship, located on the territory or
Romania;
b) children with Romanian citizenship, located aboard;
c) children without citizenship, loca ted on the territory of Romania;
d) children who request or benefit from a form of protection,
according to the legal regulation s on the status and treatment of
refugees in Romania;
e) children with foreign citizenshi p, located on the territory of
Romania, who are in emergency situat ions, as defined, in accordance
with the present law, by the competent Romanian public authorities.

Art. 4 – For the present law, the terms and expressions below have
the following meanings:
a) child – a human being below the age of 18, who has not acquired
full capacity of exercise, according to the law;
b) family – the parents and their children;
c) extended family – the child, his or her parents, and their relatives
up to the 4th degree of kinship;
d) substitute family – the persons, other than those who belong to the
extended family, and who prov ide care and support for bringing up
the child, according to the law;
e) the individualized protection plan – the document which provides
the planning of special child pro tection services, measures, and
actions, based on the psycho-socia l evaluation of the child and his or
her family, in order to integrate a child who has been separated by his
or her family, into a permanent and st able family environment, in the
shortest possible time;
f) the service plan – the document wh ich includes the planning of the
social services which are to be provided, based on a psycho-social

2

evaluation of the child and his or her family, in order to prevent the
separation of the child fr om his or her family;
g) the child’s legal guardian – the parent or person assigned, in
accordance with the law, to exercise the child’s rights and to fulfill
parental duties towards the child;
h) N.A.P.R.C. – the National Authority for the Protection of the Rights
of the Child;
i) C.P.C. – the child protection commission;
j) G.D.S.S.C.P. – the general departm ent for social security and child
protection;
k) P.S.S.S – the public so cial security service;
l) R.O.A – the Romanian Office for Adoptions.

Art. 5 – (1) Children have the right to receive protection and support,
in order to fully achieve and exercise their rights, in accordance with
the present law.
(2) The parents’ main responsibility is to raise and ensure the proper
development of the child; they have the duty to exercise their rights
and to fulfill their duties towards th e child, having the child’s best
interests as a primary consideration;
(3) Subsidiary, this responsibility fa lls onto the local community to
which the child belongs. The loca l public administration authorities
have the duty to support the parents or, if the case, any persons who
are legally responsible for the child, in fulfilling their duties towards
the child, by developing and providing for this specific purpose
diversified, accessible and hi gh quality services, which should
respond to the child’s needs;
(4) The intervention of the state is complementary; the state ensures
the protection of the child and guarant ees the observance of all of the
rights of the child, through a specif ic activity conducted by the state
institutions and the public authorities responsible in this field.

Art. 6 – Observing and guaranteeing the rights of the child should be
conducted in accordance with the following principles:
a) observing and primarily promoting the best interests of the child;
b) equal opportunities and non-discrimination;
c) raising the awareness of the parents on the ex ercise of their rights
and on the fulfillment of parental duties;
d) the primordial responsibility of the parents to observe and
guarantee the rights of the child;
3

e) the decentralization of the child protection services, the multi-
sectorial intervention and the partnership between the public
institutions and the authorized private institutions;
f) providing individualized and per sonalized care for each child;
g) observing the dignity of the child;
h) hearing the opinion of the child and giving it due weight, in
accordance with the age and maturity of the child;
i) providing stability and continuity in caring, raising and educating the
child, taking into account the child’s ethnic, religious, cultural and
linguistic background, in the case of undertaking a protection
measure.
j) celerity in making all de cisions concerning the child;
k) providing protection against child abuse and neglect;
l) interpreting each legal act conc erning the rights of the child in
correlation with the entire collecti on of regulations in this filed.

Art. 7 – The rights specified under the current law are guaranteed for
all children, without any discriminati on, and irrespective of race, color,
gender, language, political or any ot her opinion, nationality, ethnic
affiliation or social origin, financial situation, degree and type of
disability, status at birth or ac quired status, shape, development or
other types of difficulties of the child, of the parents or legal
representatives, or of any other distinction.

CHAPTER II
The rights of the child

SECTION I
Civil rights and liberties

Art. 8 – (1) The child has the right to receive and maintain his or her
identity.
(2) The child is registered immediately after the birth and
starting from this date, the child has the right to a name, the right to
receive citizenship and, if possible, to meet his / her parents, to
receive care, be raised and educated by them.
(3) The parents choose t he child’s last name and first name, in
compliance with the law;
4

(4) The child has the right to maintain his / her citizenship,
name and family relations, in compliance with the law, with no
interference;
(5) When a child is illegally deprived entirely or partly of his /
her identity, the public institut ions and authorities shall take
emergency measures in order to reinstate the child’s identity.

Art. 9 – (1) In order to observe the ri ght stipulated under art. 8,
paragraph (1), the medical institutio ns which include maternities and /
or pediatric units must employ a social worker or, if the case, a
person with social security responsibilities.
(2) In order to establish the identity of an abandoned or found
child, or of his / her parents, the co mpetent police authorities must
appoint one or more individuals who are in charge of taking the
necessary steps, in accordance with the law, in order to register the
child’s birth.

Art. 10 – (1) The birth certificate proving t he child’s birth, both for the
child born alive, as well as for the still born child, is issued within 24
hours from the child’s birth.
(2) The chief doctor of the unit or the doctor who assisted or
acknowledged the birth are responsible for fulfilling the obligation
stipulated under paragraph (1).
(3) When the birth occurred outside a healthcare institution, the
family physician, whose cabinet is located in the territorial range
where the birth took place, has the duty to acknowledge the birth of
the child, upon the request of any pe rson, within 24 hours, and then
draft and issue the medical certific ate which acknowledges the birth
of the child, even if the mother is not one of the patients registered
with his or her cabinet.

Art. 11 – (1) If the child is abandoned by his or her mother in the
maternity, the healthcare institution must report this fact by phone
and in writing to the general department for social security and child
protection and the police, with in 24 hours after the mother’s
disappearance has been acknowledged.
(2) Within 5 days from issuing t he notification stipulated under
paragraph (1), a record acknowledging the child’s abandonment is
drafted and then signed by the representative of the general
department for social security and child protection, the police
representative and the maternity re presentative; when the child’s

5

health condition allows the discharge from hospital, based on that
record, the general department for social security and child protection
will decide the emergency placem ent measure for the child;
(3) Within 30 days from the date when the record was drafted,
the police must conduct specific investigations concerning the
mother’s identity and must notify the general department for social
security and child prot ection on the results.
(4) In case the mother is identified, the general department for
social security and child protection will provide counseling and
support for the mother, in view of undertaking the necessary steps for
the issuance of the birth certificate.
(5) If, following the police investigation, the mother’s
identification is not possible, the general department for social
security and child protection sends to the public social security
service in whose territorial range the birth has occurred, the file
containing the medical certificate acknowledging the birth, the record
stipulated under paragraph (2), the emergency placement decision
and the results of the police investigation.
(6) Within 5 days from the receipt of the documents stipulated
under paragraph (5), the public social security service must obtain the
decision concerning the child’s last name and first name, in
accordance with the provisions of Law no. 119/1996 on the civil
status documents and make the birth recording statement at the
competent civil service.
(7) After recording the child’s birt h, the public social security
service must send to the general department for social security and
child protection the document reg istering the child’s birth.

Art. 12 – (1) In the case of a foundling, as well as of a child who was
abandoned by his / her parents in other healthcare units, whose birth
has not been registered, the obligation to take the legal steps
stipulated by the law for the registration of the child’s birth belongs to
the public social security service in whose administrative and
territorial range the child has been found or abandoned.
(2) The forensic examination necess ary for the registration of the
child’s birth is free of charge.

Art. 13 – (1) The healthcare institutions, social protection institutions,
residential care services, entities with no legal status, other legal, as
well as natural persons, who receive or provide care for pregnant
6

women or children who do not have any documents based on which
their identity can be determined, must notify within 24 hours, through
a written report, the local public ad ministration authority, in whose
territorial range their headquarters or, if the case, their residence is
located, in order to establish t he identity of the above-mentioned.
(2) The person who takes a child in order to provide temporary care
or protection until the establishm ent of a legal protection measure,
has the obligation to maintain the child and within 48 hours, he / she
must notify the local public administra tion in whose territorial range is
located his / her headquarters or domicile.

Art. 14 – (1) The child has the right to ma intain personal relations and
direct contacts with his or her parents, relatives, as well as with other
persons with whom the child has developed relations based on
attachment.
(2) The child has the right to meet hi s or her relatives and to maintain
personal relations with them, as we ll as with other persons with whom
the child has enjoyed a family life, to the extent that this is not
contrary to the best interests of the child.
(3) The parents or a person who is l egally responsible for the child
may not prevent the personal relations of the child with his or her
grandparents, brothers and sisters, or with any other persons with
whom the child has enjoyed a family life, except when a court of law
so decides, assessing that ther e are rigorous reasons which may
endanger the physical, mental, intelle ctual or moral development of
the child.

Art. 15 – (1) For the present law, personal relations may be achieved
through:
a) meetings between the child and the parent or another person who, according to the present law, has the right to
maintain personal relations with the child;
b) visiting the child at his or her residence;
c) hosting the child, for a specific period of time, by the parent or by another person with whom the child does not live on a
regular basis;
d) correspondence or any other fo rm of communication with the
child;
e) sending to the child inform ation regarding the parent or other
persons who, according to the present law, have the right to
maintain personal relations with the child.
7

f) sending to the parent or to other persons who have the right to maintain personal relations with the child, information
regarding the child, including recent photos, medical
evaluations or school records.
(2) Sending the information sti pulated under paragraph (1) lines e)
and f) must be achieved in a way which would observe the best
interests of the child and the special provisions on the confidentiality
and dissemination of personal data.

Art. 16 – (1) The child who has been separ ated from both of his / her
parents or from just one of them, as a result of a legal measure, has
the right to maintain personal relat ions and direct contacts with both
parents, except when this is contrary to the best interests of the child.
(2) The court of law, considering the best interests of the child as a
priority, can limit the exercise of this right, if there are rigorous
reasons which may endanger the physica l, mental, intellectual, moral
or social development of the child.

Art. 17 – (1) The child, whose parents reside in different states, has
the right to maintain personal relat ions and direct contacts with both
of them, except when this is contrary to the best interests of the child.
(2) The National Authority for the Protection of the Rights of the Child
will facilitate the exercise of t he right stipulated under paragraph (1),
in cooperation with the Romanian Mi nistry of Foreign Affairs, based
on a procedure approved th rough a joint order.

Art. 18 – (1) Children who are not accompanied by parents or by a
person who is legally responsible for the child, or are not under the
legal supervision of any persons, have the right to have their return to
the legal representatives ensured, as soon as possible.
(2) The children’s travel in the country or abroad may only be done
when both parents have been notified and have agreed; any
misunderstandings between the parents concerning the expression of
this agreement is ruled upo n by the court of law.
(3) The parents or, if the case, the person responsible for supervising,
upbringing and caring for the child must notify the police on the
disappearance of the child from the residence, within 24 hours after
noticing that the child is missing.

Art. 19 – (1) The diplomatic and consular missions of Romania must
inform the National Authority for the Protection of the Rights of the
8

Child about any children with Romanian citizenship who are located
abroad, and who, for whatever reasons, are not accompanied by
parents or by a legal guardian, or a re not under the legal supervision
of certain persons who are abroad.
(2) The National Authority for the Protection of the Rights of the Child
will undertake the necessary measures for the return of the child to
his or her parents or to a legal guardian, immediately after these
persons have been identified. In case the identified persons cannot or
refuse to take the child in their care, upon the request of the National
Authority for the Protection of the Ri ghts of the Child, the second level
court (tribunal) in whose territorial range is located the residence of
the child, or the Bucharest tribunal , in case the child’s residence is
unknown, will decide the child’s pl acement in a special protection
service proposed by the National Authority for the Protection of the
Rights of the Child.
(3) The procedures related to the children’s return to the country, to
the identification of the parents or the legal guardians, the method
through which the advanced paym ent is made for the expenses
necessary for the children’s return to the country, as well as the
public or private special child p rotection services, which have the
competency to provide the emergency protection of the children who
are in the situation st ipulated under paragraph (1 ), are established
through a Government decision.

Art. 20 – (1) The foreign diplomatic and consular missions must
inform the Authority for the Protec tion of the Rights of the Child and
the Authority for Foreigners about a ll cases involving children with
foreign citizenship who are located in Romania, and who, for
whatever reasons, are not accomp anied by parents or by a legal
guardian, or are not under the legal s upervision of other persons. If
the Romanian authorities take notice of such cases by themselves,
they will immediately inform the competent foreign mission about the
respective children.
(2) In the cases stipulated under paragraph (1), the Authority for the
Protection of the Rights of the Child will request the second level
court of Bucharest to decide the placement of the child in a special
protection service proposed by the Au thority for the Protection of the
Rights of the Child, until the comple tion of the legal steps that must
be undertaken by the Author ity for Foreigners.

9

(3) The placement measure lasts until the return of the child to his /
her parents’ residence country or to the country where relatives
willing to look after the ch ild have been identified.
(4) In case the child is not returne d, he / she will benefit from the
special protection stipulated by the present law.

Art. 21 – In view of enforcing the pr ovisions stipulated under art. 19
and 20, the necessary treaties are concluded with the states or
authorities of the envisaged states, based on the proposals put forth
by the Authority for the Protection of the Rights of the Child and the
Ministry of Foreign Affairs, as well as by other interest ed institutions.

Art. 22 – (1) The child has the right to have his or her public image
and personal, private and family life protected.
(2) Any action which may affect the public image of the child the
child’s right to personal, private and family life is forbidden.
(3) The participation of the child bel ow the age of 14 years old to
public debates, during audiovisual programs, can only be made with
the written consent of the child an d of his or her parents or, if the
case, of any person who is l egally responsible for the child.
(4) Children cannot be used or exposed by their parents, their legal
guardians or by any other persons who are legally responsible for
raising and caring for them, in order to gain personal advantages or
to influence the decisions made by public authorities.
(5) The National Audiovisual Council monitors the way in which
audiovisual programs are conducted, in such a manner as to ensure
the protection of and to guarantee t he rights of the child mentioned
under paragraph (1).

Art. 23 – (1) The child has the right to freedom of expression.
(2) The child’s freedom to seek, to receive and to impart information
of any kind, which aims at promoting his or her social, spiritual and
moral welfare, his or her physical an d mental health, in any form and
by any means available, is inviolable.
(3) The parents or, if the case, other legal guardians of the child, the
persons who are legally responsible for children, as well as persons
who, through the nature of their po sitions, promote and ensure the
observance of the rights of children must provide information,
explanations and advice according to the children’s age and degree
of understanding, as well as allow th em to express their own point of
view, ideas and opinions.
10

(4) Parents may not restrict the right of the minor child to freedom of
expression, except in the cases expressly stipulated by the law.

Art. 24 – (1) The child who has the capacit y to discern has the right
to freely express his or her opinion regarding any matter which
involves him or her.
(2) The child has the right to be hear d in any judicial or administrative
procedure which involves him or her . The hearing of the child who
has reached the age of 10 years old is mandatory. Nevertheless, the
child who has not reached the age of 10 years old may also be heard,
if the competent authority deems it necessary, in order to solve the
case.
(3) The right to be heard grants to the child the possibility to request
and receive any pertinent information, to be consulted, to express his
or her opinion, and to be informed about the consequences which his
or her opinion may generate, if observed, as well as about the
consequences of any decision involving him or her.
(4) In all cases stipulated under paragraph (2), the child’s opinions
will be taken into consideration, according to the ag e and degree of
maturity of the child.
(5) Any child can request to be heard according to the provisions of
paragraphs (2) and (3). If his or her request is denied, the competent
authority will issue a motivat ed decision in this regard.
(6) The special legal provisions regarding the consent or the
presence of the child in the procedures which involve him or her, as
well as the provisions regarding the a ppointment of a curator, in case
of conflict of interests, are and remain applicable.

Art. 25 – (1) The child has the right to freedom of thought,
conscience and religion.
(2) According to their own convicti ons, the parents provide guidance
to the child on choosing a religion, taking into account the opinion,
age and degree of maturity of the child, without having the power to
force him or her to join a certain religion or religious cult.
(3) The religion of the child who has reached the age of 14 years old
may not be changed without his or her consent; the child who has
reached the age of 16 years old has the right to choose a certain
religion on his or her own.
(4) When the child is under a specia l protection measure, the persons
who are legally responsible for him or her are forbidden to take any
actions which may influence the child’s religious beliefs.
11

Art. 26 – (1) The child has the right to freedom of association, in
formal and informal structures, as well as the right to freedom of
peaceful assembly, within the limits stipulated by the law.
(2) The local public administration authorities, the education
institutions and other competent public or private institutions take the
necessary measures in order to ensure the full realization of the
rights stipulated under paragraph (1).

Art. 27 – (1) The child belonging to an et hnic, religious or linguistic
minority, has the right to have his or her own cultural life, to declare
his or her ethnic and religious affiliation, to practice his or her reli
gion,
as well as the right to use his or her own language with other
members of the community to which the child belongs.
(2) The National Council for Combating Discrimination ensures and
monitors the full realization of th e rights stipulated under paragraph
(1).

Art. 28 – (1) The child has the right to be shown respect for his or her
personality and individuality and may not be made subject to physical
punishments or to other humilia ting or degrading treatments.
(2) Disciplinary measures concerning the child can only be taken in
accordance with the child’s dignity , and, under no circumstances are
physical punishments allowed, or punishments which relate to the
child’s physical and mental development or which may affect the
child’s emotional status.

Art. 29 – (1) The child has the right to file complaints on his or her
own regarding the violation of his or her fundamental rights.
(2) The child is informed with regard to his or her rights and on the
ways to exercise these rights.

SECTION 2
The family environment and the alternative care

12

Art. 30 – (1) The child has the right to be brought up together with his
or her parents.
(2) The parents must ensure, in the appropriate manner for the
developing capacities of the ch ild, the necessary guidance and
advice that are needed in order to properly exercise the rights
stipulated by the present law.
(3) The child’s parents have the right to receive information and
specialized assistance that are necessary for upbringin g, caring and
educating the child.

Art. 31 – (1) Both parents are responsible for the upbringing of their
children.
(2) The exercise of parent al rights and the fulfillment of parental
duties must take into account the best interests of the child, and
secure the material and spiritual welfare of the child, especially by
providing care, by maintaining perso nal relations with the child, by
ensuring the upbringing, education and maintenanc e of the child, as
well as by providing legal repres entation and administrating the
child’s patrimony.
(3) In the case of disagreements between the parents concerning the
exercise of parental right s and the fulfillment of parental duties, after
hearing both parents, the court of law rules in accordance with the
best interests of the child.

Art. 32 – The child has the right to be brought up in an environment
which would allow the child’s physical, mental, spiritual, moral and
social development. For this purpose, the parents must:
a) supervise the child;
b) cooperate with the child and respect the child’s personal and
private life and dignity;
c) inform the child on all acts and deeds which may affect him or
her and take into accoun t the child’s opinion;
d) undertake all the neces sary measures for the realization of the
rights of their children;
e) cooperate with natural and legal persons which are involved in childcare, education and chil d professional training.

Art. 33 – The child may not be separated from his or her parents, or
by only one of the parents, against their will, except in special and

13

limited cases stipulated by the law, under the reserve of judicial
revision and only if this is required by the best interests of the child.

Art. 34 – (1) The public social security service will undertake all the
necessary measures for the early identification of risk situations,
which may determine the separati on of the child from his or her
parents, as well as for the preventi on of abusive behaviors of the
parents and family violence.
(2) Any separation of the child from his or her parents, as well as any
restriction in exercising the parental rights must be preceded by the
systematic granting of services and assistance stipulated by the law,
with a special emphasis on adequately informing the parents,
providing counseling, therapy and mediation for them, based on a
service plan.

Art. 35 – (1) The service plan is drafted and enforced by the public
social security service that is es tablished at the level of cities and
towns, as well as by the individuals in volved in social security issues
within the communal local councils in whose administrative and
territorial range is located the child, as a result of evaluating the
situation of the child and of his or her family.
( 2) In Bucharest, the general department for social security and child
protection drafts and enforces the plan stipulated under paragraph
(1), at the level of each sector.
(3) The service plan is approved th rough a directive issued by the
mayor.
(4) The service plan is aimed at prev enting the separation of the child
from his or her parents. To this end, the public social security service
or, if the case, the general department for social security and child
protection at the level of each Bu charest sector, support the access
of the child and of his or her family to services and assistance
focused on maintaining the child in the family.
(5) The service plan may result in a request for undertaking a special
child protection measure filed by the general department for social
security and child protection only if, after the services stipulated in
this plan have been granted, it is noticed that maintaining the child
together with his or her parents is not possible.

Art. 36 – (1) If there are sound reasons to suspect that the child’s life
and security are endangered in the family, the public social security
service or, if the case, the representatives of the general department
14

for social security and child protection at the level of each sector have
the right to visit the children at their residence and to gather
information on how the children are bei ng cared for, on the children’s
health and physical developm ent, education and professional
training, and may grant, where need ed, the necessary advice.
(2) If, following the visits stipulated under paragraph (1) it is noticed
that the child’s physical, mental, spiritual, moral or social
development is endangered , the public social security service must
immediately notify the general department for social security and
child protection, in view of undertak ing the measures stipulated by the
law.
(3) The general department for social security and child protection
must refer the case to the court, in case it considers that the
conditions required by the law regarding the partial or complete
termination of the parental rights of one or both of the parents are
met.

Art. 37 – (1) The general department for so cial security and child
protection will undertake all necessary measures so that parents who
have been deprived of parental rights, as well as those whose rights
were restricted, may benefit from spec ialized assistance, in order to
increase their capacity to care for their children, in view of re-gaining
the exercise of parental rights.
(2) The parents who request the return of the exercise of parental
rights benefit from free legal assist ance, in accordance with the law.

Art. 38 – The court of law is the onl y competent authority which may
issue a decree, taking into primary c onsideration the best interests of
the child, concerning:
a) the person who exercises and fulfils the parental rights and
duties, in case the child is deprived, either temporarily or
permanently, of the protecti on of his or her parents;
b) the ways in which the parent al right and duties are exercised
and fulfilled;
c) the partial or complete termi nation of the exercise of parental
rights;
d) the recovery of the ex ercise of parental rights.

Art. 39 – (1) Any child who is, either temporarily or definitively,
deprived of the care of his or her parents, or who, in order to protect

15

his or her interests, cannot be left in their care, has the right to
alternative protection.
(2) The protection stipulated under paragraph (1) includes the
establishment of the legal guardianship, the special protection
measures stipulated under the pres ent law, and the adoption. When
choosing one of these solutions, the competent authority will
appropriately take into account the ne ed to ensure a certain continuity
in the child’s education, as we ll as his or her ethnical, religious,
cultural and linguistic background.

Art. 40 – (1) The legal guardianship is established when both parents
are deceased, unknown, de prived of the exercise of parental rights or
were enforced the penalty of denial of parental rights, placed under
interdiction, declared de ad or missing by a court of law, as well as
when, upon the termination of the adopt ion, the court of law rules that
this is in the best interests of the child.
(2) The legal guardianship is establ ished in accordance with the law
by the court of law in whose t erritorial range the child have the
domicile or has been found.

Art . 41 – (1) The legal guardianship may be entrusted to natural
persons or jointly to the husband an d wife who have the domicile in
Romania and who are in none of the incompatibility situations
stipulated by the law.
(2) The natural person or the fam ily who are to become legal
guardians must be evaluated by the general department for social
security and child protection with regard to the moral warrantees and
the material conditions which they ha ve to meet in order to receive a
child in placement. The evaluatio n is conducted by the general
department for social security and ch ild protection in whose territorial
range is located the domicile of the natural person or family, and the
members of the child’s extended family are given priority.

Art. 42 – (1) The court of law gives pri ority in appointing as legal
guardian, if no justified r easons are opposing this decision, a relative
or a friend of the child’s family, who is capable of fulfilling this task.
(2) The natural person, or the coup le, respectively, who are to
become legal guardians, are appoint ed based on the presentation of
the report concerning these persons made by the general department
for social security and child prot ection. The proposal will be made

16

taking into account the personal relations, the proximity of the
domiciles, as well as the child’s opinion.

SECTION 3
The health and welfare of the child

Art. 43 – (1) The child has the right to enjoy the highest attainable
standard of health and to benefit fr om the medical and rehabilitation
services which are necessary in order to ensure the effective
realization of this right.
(2) The child’s access to medical and rehabilitation services, as well
as to medication which is adequate to his or her condition in case of
illness, is guaranteed by the state, and the costs are covered by the
National social health insur ance fund and by the state budget.
(3) The specialized institutions of the central public administration, the
local public administration authorities , as well as any other public or
private healthcare institutions, must undertake, in accordance with
the law, all the necessary measures in order to:
a) diminish infant mortality;
b) ensure and develop primary and community healthcare
services;
c) prevent disease and malnutrition;
d) ensure healthcare services for the pregnant woman during the
pre- and post-natal period, regardless of whether the person is
or not registered in the soci al health insurance system;
e) inform the parents and the child ren on issues concerning child
health and nutrition, including issues concerning the
advantages of breas tfeeding, hygiene and environmental
sanitation;
f) develop actions and programs focusing on healthcare protection and the prevention of di sease, on the assistance of
parents and on education, as well as family planning services;
g) periodically verify the treatm ent received by children who were
placed in order to receive ca re, protection or treatment;
h) ensure the confidentiality of the medical examination provided
to the child, upon his or her request;
i) systematically conduct educational programs in education institutions, including programs aimed at the sexual education
17

of children, in order to prevent sexually transmitted diseases
and unwanted pregnancies in minor girls.
(4) The parents have the duty to r equest medical care, in order to
ensure that the child has the best attainable health standard and to
prevent situations which may endanger the life, growth and
development of the child.
(5) In an exceptional situation, wh en the child’s life is in imminent
danger or there is a risk of serious consequences with regard to the
child’s health or physical integrit y, the physician has the right to
conduct those medical acts of im mediate necessity for saving the
child’s life, even without having the consent of the parents or of a
person who is legally responsible for the child.
(6) The periodical visits of the sp ecialized healthcare staff at the
residence of pregnant women and children until they reach the age of
one year old are mandatory, in order to protect the health of the
mother and child, to provide health care education, to prevent child
abandonment, child abuse or neglect.

Art. 44 – (1) The child has the right to a living standard which would
enable his or her physical, mental, spiritual, moral and social
development.
(2) The parents or, if the case, othe r legal representatives have the
primary responsibility to ensure, as much as they possibly can, the
best living conditions necessary for the raising and development of
the children; the parents must provide accommodation for the
children, as well as the necessary conditions for their raising,
education, learning, and p rofessional training.

Art. 45 – (1) The child has the right to receive social security and
social insurances, according to the resources and the situation of the
child and of the peopl e who have responsibility for the maintenance
of the child.
(2) In case the parents or the persons who, according to the law,
have the responsibility to maintain the child, cannot meet, for reasons
which are independent of their own will, the child’s minimal needs for
housing, food, clothes and educat ion, the state, through the
competent public authorities, must provide them appropriate support,
in the form of financial aid, in kind assistance, as well as other
services, in accordance with the law.
(3) The parents must request to the competent authorities to grant
them allowances, indemnities, financ ial or in kind assistance, as well

18

as other facilities stipulated by the law for children or for families with
children.
(4) The local public administration au thorities must inform the parents
and the children about the rights which they have, as well as on how
they can be granted the social sec urity and social insurance rights.

Art. 46 – (1) The disabled child has the right to special care, which is
adapted to his or her needs.
(2) The disabled child has the right to education, rehabilitation,
compensation, and integration, whic h are adapted to his or her own
abilities, for their individual development.
(3) The special care must secure the physical, mental, spiritual, moral
or social development of the disabl ed children. The special care is
represented by support whic h is appropriate to the situation of the
child and the parents, or, if the case, of others who are responsible
for the child’s care, and which is granted free of charge, whenever
this is possible, in order to facilitate the effective and non-
discriminatory access of disabled children to education, professional
training, medical healthcare, rehabilitation services, preparation for
employment, leisure activities, as well as any other activities which
may allow the child’s fullest possi ble social integration and individual
development.
(4) The specialized institutions of the central public administration and
the local public administration aut horities must initiate programs and
ensure the resources needed to develop services aiming at satisfying
the needs of disabled children and of their families, in conditions
which would guarantee their dignity, enable their autonomy and
facilitate their active participation to community life.

SECTION 4
Education, leisure and cu ltural activities

Art. 47 – (1) The child has the right to receive an education which
would allow him or her to develop his or her capacities and
personality, in non-discr iminatory conditions.
(2) The child’s parents have priority in choosing the type of education
which the child is to receive, and mu st enroll the child in school, and
ensure the child’s regular at tendance of the classes.

19

(3) The child who has reached the age of 14 years old may request
the approval of a court of law to change the type of education and
professional training that he or she is receiving.

Art. 48 – (1) The Ministry of Education and Research, as a
specialized institution of the central public authority, as well as the
school inspectorates and the education institutions, as
establishments of the local public administration, must undertake all
measures that are necessary for:
a) facilitating the access to pre-school education and providing
regular obligatory tax-free education for all children;
b) developing education programs for young parents, including
education programs aimed at the p revention of family violence;
c) organizing special training courses for children who cannot meet
the demands of the national curriculu m, in order to prevent their early
employment;
d) organizing special training courses for children who have dropped
out of school, in order to re-integrate them in the national education
system;
e) observing the child’s right to leis ure and resting time, as well as the
right to freely participate in cu ltural and artistic activities;
f) preventing school drop out for economic reasons, by undertaking
active measures to provide soci al services within the school
environment, such as food, statione ry, transportation, and others.
(2) During the teaching and educational process, the child has the
right to be treated with respect by the teachers, to be informed on his
or her rights, as well as on the me thods of exercising these rights.
Physical punishments during the educ ational process are forbidden.
(3) The child himself or, if the case, represented or assisted by a
person who is legally responsible for him or her, has the right to
appeal against the evaluation criteria and results and to address the
management of the educati on institution on this matter, in accordance
with the law.
(4) The teachers have the duty to inf orm the public social security
service or, if the case, the general department for social security and
child protection about all cases of child mistreatment, abuse or
neglect.

Art. 49 – (1) The child has the right to rest and leisure.
(2) The child must have sufficient time for rest and leisure, to engage
freely in recreational activities ap propriate to his or her age and to

20

participate in the cultural, artistic and sports activities of the
community. The public authorities must contribute to the provision of
the conditions that are needed in ex ercising this right, in accordance
with their responsibilities, in conditions of equality.
(3) The public authorities must provide, according to their
responsibilities, sufficient and ade quate playgrounds for the children,
especially in the case of intensely populated areas.

CHAPTER III
The special protection of the child who is temporarily or definitively
deprived of the protection of his or her parents

SECTION 1
Joint provisions

Art. 50 – The special child protection is made up by the all measures,
assistance and services aimed at the care and development of the
child who is deprived, either te mporarily or definitively, of the
protection of his or her parents, or of the child who, in view of
protecting his or her best interests, c annot be placed in the care of his
or her parents.

Art. 51 – (1) The child receives the specia l protection stipulated by
the present law, until reaching the fu ll capacity to exercise his or her
rights.
(2) Upon the request of the youngster, which is expressed following
acquirement of full capacity to ex ercise his or her rights, if the
youngster is continuing his or her studies in the regular, mass
education system, the special protecti on is granted, according to the
law, for the entire duration of his or her studies, but without exceeding
the age of 26 years old.
(3) The youngster who has acquired full capacity to exercise his or
her rights and has benefited from a special protection measure, but
who is not continuing his or her studies and does not have the
opportunity to return to the family, being confronted with the risk of
social exclusion, receives special protection upon request for a period
of maximum 2 years, for the purpose of facilitating his or her social
integration. In case proof is made of the fact that the youngster has

21

been offered a job and / or accommodation and that he or she has
successively turned the offer down or has been deprived of them by
his or her own fault, the provisio ns of the current paragraph are no
longer applicable.

Art. 52 – The special protection services are those listed under art.
108 – 110.

Art. 53 – (1) The special child protecti on measures are established
and enforced based on the indi vidualized protection plan.
(2) The plan stipulated under para graph (1) is drafted and revised
according to the methodological nor ms elaborated and approved by
the National Authority for the Prot ection of the Rights of the Child.
(3) The special child protection measures for the child who has
reached the age of 14 years old are established only with the child’s
consent. In case the child refuses to give his or her consent, the
protection measures are established only by the court of law which,
under strongly motivated circumstan ces, may overlook the child’s
refusal to express hi s or her consent for the proposed measure.

Art. 54 – (1) The general department for so cial security and child
protection must draft the individualized protection plan immediately
after receiving the request to enforce a special protection measure or
immediately after the director of the general department for social
security and child protection has decided on the emergency
placement of the child.
(2) In the case of the child for whom a legal guardian has been
appointed, the provisions of paragraph (1) are not applicable.
(3) Upon establishing the objectives of the individualized protection
plan, special priority is given to the re-integration of the child in the
family or, if this is not possible , the placement of the child in the
extended family. The plan’s objecti ves are established by obligatorily
consulting the parents and the mem bers of the extended family who
have been identified.
(4) The individualized protection plan ma y stipulate the placement of
the child in a residential type of service, only if no legal guardianship
could be established or no placement wi th the extended family, with a
maternal assistant or with another person or family could be
achieved, in accordance with the present law.

Art. 55 – The special child protection measures are:

22

a) placement;
b) emergency placement;
c) specialized supervision.

Art. 56 – The beneficiaries of the sp ecial child protection measures
established by the present law are:
a) the child whose parents are deceased, unknown, deprived of
the exercise of parental right s or have been enforced the
penalty of denial of parental ri ghts, placed under interdiction,
declared dead or missing by a court of law and for whom no
legal guardianship could be established;
b) the child who, in view of prot ecting the his or her best interests,
cannot be left in the care of the parents, for reasons for which
the parents cannot be held accountable;
c) the abused or neg lected child;
d) the foundling or the child who has been abandoned by the
mother in a hospital ward;
e) the child who has committed an act stipulated by the criminal
law and who is not criminally liable.

Art. 57 – The parents, as well as th e child who has reached the age
of 14 years old have the right to a ppeal in a court of law the special
child protection measures establish ed by the present law, and they
have the right to receive free legal assistance, in accordance with the
law.

SECTION 2
Placement

Art. 58 – (1) The placement of the ch ild represents a temporary
special child protection measure, which, in accordance with the
present law and by case, may be decided, as follows:
a) with a person or family;
b) with a maternal assistant;
c) in a residential service, st ipulated under art. 110, paragraph (2)
and licensed in accordance with the law.
(2) The person or family who is legally responsible for the placed
child must have residence in Rom ania and must be evaluated by the
general department for social security and child protection with regard
23

to the moral warrantees and the material conditions that have to be
fulfilled, in order to receive a child in placement.

Art. 59 – Throughout the entire durati on of the placement measure,
the domicile of the child is the same with that of the person, family,
maternal assistant or the residential s ervice who is legally responsible
for the child.

Art. 60 – (1) The placement of the child who has not reached the age
of 2 years old may only be decided with the extended or substitute
family and it is forbidden to place hi m or her in a residential service.
(2) As an exception to the provisi ons stipulated under paragraph (1),
the placement in a residential se rvice of the child who has not
reached the age of 2 years old may onl y occur in the case in which
the child has severe disability and is dependent on specialized
residential care services.
(3) The following issues will be targeted upon establishing the
placement measure:
a) giving priority to the placement of the child in the extended or
the substitute family;
b) placing the si blings together;
c) facilitating the parent s’ opportunity to exercise the right to visit
the child and to maintain persona l relations with the child.

Art. 61 – (1) The placement measure is decided by the child
protection commission, if the cons ent of the parents has been
granted, for the situations stipulated under article 56, lines b) and e).
(2) The placement measure is decided by the court of law, upon the
request of the general department f or social security and child
protection:
a) for the child who is in the si tuation stipulated under article 56,
line a), as well as for the child who is in the situation stipulated
under art. 56, lines c) and d), if it is necessary to replace the
emergency placement measure decided by the general
department for social security and child protection;
b) for the child who is in the si tuation stipulated under article 56,
lines b) and e), when the consent of the parent s or, if the case,
of one of the parents has not been granted for enforcing this
measure.

24

Art. 62 – (1) The parental rights and duties towards the child are
maintained throughout the duration of the placement decided by the
child protection commission.
(2) The parental rights and duties tow ards a child for whom a legal
guardian could not be appointed and f or whom the court of law has
decided the placement measure ar e exercised and, respectively,
fulfilled by the president of the co unty council, and by the Bucharest
sector mayor, respectively.
(3) As an exception to the provis ions stipulated under paragraph (2),
the parents who have been deprived of their parental rights, as well
as those who were enforced the penal ty of interdiction of parental
rights, still maintain the right to co nsent to the adoption of their child.
(4) The method of exercising the parent al rights and fulfilling the
parental duties regarding the person and the assets of the child who
is in the situation stipulated under art. 56, lines c) and d) and art. 56,
lines b) and e) is decided by the court of law.

Art. 63 – The child protection commission or, if the case, the court of
law which has decided the placement of the child, will also determine
the amount of the monthly contribu tion which the parents must make
for the maintenance of the child, in accordance with the conditions
stipulated by the Family Code. T he amounts thus collected represent
an income to the county budget and, respectively, to the budget of
the Bucharest sector where the child is coming from.

SECTION 3
Emergency placement

Art. 64 – (1) The emergency placement of the child is a temporary
special child protection measure, whic h is undertaken in the situation
of the abused or neglected child, as well as in the situation of the
foundling or of the child abandoned in healthcare institutions.
(2) The provisions stipul ated under art. 58 – 60 are properly enforced.
(3) Throughout the entire duration of the emergency placement, the
exercise of parental rights is suspended de jure, until the court of law
rules on maintaining or replacing this measure and on the exercise of
parental rights. Throughout the suspension period, the parental rights
and duties towards the child are exerc ised and fulfilled respectively,
by the person, family, maternal assistant or by the head of the
25

residential service which has received the child in emergency
placement, and those regarding the assets of the child are exercised
and fulfilled, respectively, by the pre sident of the county council or by
the Bucharest sector mayor.

Art. 65 – (1) The emergency placement measure is decided by the
director of the general department for social security and child
protection from the administrative – territorial unit where the foundling
or the child abandoned by the mot her in a hospital ward or the
abused or neglected child is located, in case there is no opposition
from the representatives of the legal persons, or from the natural
persons who take care of the respective child and ensure the child’s
protection.
(2) The emergency placement measure is decided by the court in
accordance with the provisions stipulated under art. 94, paragraph
(3).

Art. 66 – (1) In the case of the em ergency placement measure
decided by the general department for social security and child
protection, the department has the dut y to inform the court of law
within 48 hours from the date w hen this measure was decided.
(2) The court of law will analyze the reasons based on which the
general department for social sec urity and child protection adopted
the measure and will rule on either maintaining the emergency
placement or replacing it with the placement measure, on the
establishment of the legal guardian ship, or on the re-integration of the
child in his or her family. The c ourt of law must also rule on the
exercise of parental rights.
(3) If the emergency placement is decided by the court, the court will
rule in accordance with art. 94, paragraph (4).

SECTION 4
Specialized supervision

Art. 67 – (1) The specialized supervision measure is decided, in
accordance with the present law, for the child who has committed a
criminal act and who is not criminally liable.
(2) In case the parents or t he legal guardian have granted their
agreement, the specialized supervision measure is decided by the
26

child protection commission, and in the absence of this agreement,
by the court of law.

SECTION 5
Monitoring the enforcement of the special child protection measures

Art. 68 – (1) The circumstances which led to the establishment of the
special child protection measures, which were decided by the child
protection commission or by the court of law, must be verified on a
quarterly basis by the ge neral department for social security and child
protection.
(2) In case the circumstances st ipulated under paragraph (1) have
changed, the general de partment for social security and child
protection must immediately notify the child protection commission or,
if the case, the court of law, in order to change or terminate the
measure.
(3) The parents or the legal guardian of the child, as well as the child,
have the right of notification stipulated under paragraph (2).

Art. 69 – (1) The general department for so cial security and child
protection or, if the case, the aut horized private institution, must
monitor the way in which the spec ial child protection measures are
enforced, the development and th e care provided to the child
throughout the entire duration of the measure.
(2) In fulfilling the duty stipulat ed under paragraph (1) the general
department for social security and child protection or, if the case, the
authorized private institution drafts reports concerning the evolution of
the child’s physical, mental, spiritual, moral or social development
and the way in which the child is ta ken care of, either quarterly or
every time there is a situ ation which requires this.
(3) If, based on the report drafted according to paragraph (2), it is
noticed that there is a need to change or, if the case, to terminate the
measure, the general department f or social security and child
protection must immediately notify the child protection commission or,
if the case, the court of law.

Art. 70 – When the special child protection measures cease as a
result of the re-integration of the child in his or her family, the public
social security services which is established at the level of cities and
27

towns, the persons who are involved in providing social security
services within the communal local councils, as well as the general
department for social security and child protection, in the case of the
Bucharest sectors, in whose territorial range is located the residence
or, if the case, the domicile of the parents, must monitor the evolution
of the child’s development, as well as the way in which the parents
are exercising their rights and fulfillin g their duties towards the child.
To this end, they draft monthly reports for a period of minimum 3
months.

Art. 71 – The child who was subject to a special child protection
measure has the right to mainta in personal relations with other
persons, if these persons do not have a negative influence on his or
her physical, mental, spiritual, moral or social development.

CHAPTER IV
The protection of refugee children and the protection of children in
case of armed conflict

Art. 72 – (1) The children who request a re fugee status, as well as
those who have obtained this stat us, receive the protection and
humanitarian assistance which are appropriate for the realization of
their rights.
(2) The children referred to under pa ragraph (1) receive one of the
forms of protection stipulated by the Government ordinance no. 102 /
2000, on the status and treatment of refugees in Romania, approved
through Law no. 323 / 2001, with subsequent additions and changes.

Art. 73 – (1) In case the child who requests the refugee status is not
accompanied by the parents or by another legal representative, the
protection for the child’s interests during the proced ure for granting
the refugee status is provided by the general department for social
security and child protection in wh ose administrative and territorial
range is located the territorial institution of the Ministry of
Administration and Internal Affair s where the petition will be filed.
(2) The petition for granting the refugee st atus to the child who is in
the situation stipulated under paragrap h (1) is analyzed with priority.
(3) In order to adequately protect the inte rests of the child referred to
under paragraph (1), the g eneral department for social security and

28

child protection appoints a persons with a graduate degree in law or
social work from its own staff or fr om the staff of an authorized private
institution, who would protect t he rights of the child and would
participate together with the child in the entire procedure for granting
the refugee status.
(4) In case it is noticed that th e person appointed by the general
department for social security and child protection fails to
appropriately fulfill the duty to protec t the interests of the child or
shows ill faith in fulfilling this duty, the National Office for Refugees
may request the general department f or social security and child
protection to replace this person.

Art. 74 – (1) Until a final and irreversible decision is reached for the
petition to receive the refugee st atus, the accommodation of the
children referred to under art. 73 is achieved by means of a
residential service stipulated by th e present law, which belongs either
to the general department f or social security and child protection or to
an authorized private institution.
(2) Children who have reached the a ge of 16 years old may also be
accommodated in the centers that are in the subordination of the
National Office for Refugees.
(3) The children referred to under paragraph (1), who have been
granted the refugee status, receive the special child protection
measure for the child who is deprived of the protection of his or her
parents, either temporarily or definitively, which is stipulated by the
present law.

Art. 75 – (1) In case the petition of the child referred to under art. 72
to be granted the refugee status is denied through a final and
irreversible court decision, the genera l department for social security
and child protection informs the Au thority for Foreigners and requests
the court of law to decide on the placement of the child in a special
child protection service.
(2) The placement measure lasts unt il the child returns to the
residence country of his or her parents, or to the country where other
members of the family, who are willi ng to take the child, have been
identified.

Art. 76 – (1) The children who are affected by armed conflicts receive
protection and assistance in acco rdance with the present law.

29

(2) In case of armed conflicts, the state institutions take the
necessary measures in order to develop special mechanisms which
are aimed at monitoring the meas ures adopted for protecting the
child’s rights.

Art. 77 – No child will be used as a spy, guide or courier during
armed conflicts.

Art. 78 – (1) In the case of an armed conf lict, the National Authority
for the Protection of the Rights of the Child, in cooperation with the
Ministry of Administration and Internal Affairs, the Ministry of National
Defense, as well as other institutions with specific responsibilities
must initiate and implement strategies and programs, including at the
family and community level, in order to ensure the discharge of
children soldiers and to remedy the physical and psychological
effects of the conflicts on the child and to promote the social re-
integration of the children, respectively.
(2) The central public administrat ion institutions referred to under
paragraph (1), in cooperation with the National Agency for
Employment and the Ministry of Education and Research will promote
appropriate measures in order to:
a) educate in the spirit of understanding, solidarity and peace, as
a general and continuous process in conflict prevention;
b) educate and prepare discharged children for an active and
responsible social life.

Art. 79 – (1) In any county or sector of Bu charest, the president of the
county council or, if the case, the mayor of the respective Bucharest
sector must forward to the general d epartment for social security and
child protection, within 24 hour s from the initiation of an armed
conflict, a complete list of all children located on the territory of the
respective administrative and territ orial department, in view of
monitoring their situation.
(2) The infrastructure which is aimed at the protection and promotion
of the rights of the child will not be used for military purposes.
(3) In the case of evacuation missi ons conducted as a result armed
conflicts, children will be given pr iority. The general department for
social security and child protecti on, in cooperation with the civil
protection service, will take t he necessary measures in order to
ensure the surveillance of children who are being evacuated by
persons who can assume the responsibility of protecting and
30

providing security for them. As often as possible, the members of the
same family will be housed together.

CHAPTER V
The protection of the child who has committed a criminal act and is not criminally liable

Art. 80 – (1) One of the measures stipul ated under art. 55, lines a)
and c) will be undertaken for the child who has committed an act
stipulated by the criminal law, and who is not criminally liable, based
on a proposal submitted by the genera l department for social security
and child protection in whose administrative-territorial range is
located the child.
(2) When establishing one of the measures stipulated under art. 55,
lines a) and c), the Child Protecti on Commission, in case the parents
or the person who is legally responsi ble for the child have given their
agreement, or, if the case, the court of law, in case this agreement is
absent, will take into account the following:
a) the conditions which facilitated the commitment of the act;
b) the degree of social danger of the act committed;
c) the environment in which the child has been raised and has
lived;
d) the risk that the child may commit a second offence stipulated
by the criminal law;
e) any other elements which may describe the situation of the
child.

Art. 81 – (1) The specialized supervision measure is enforced by
maintaining the child within his or her family, on condition of
observing certain duties, such as:
a) regularly attending school;
b) using the day-care services;
c) undergoing medical, couns eling and psycho-therapy
treatments;
d) interdiction to go to certain places or to maintain relations with certain persons.
(2) In case it is not possible to main tain the child within the family, or
when the child does not fulfill t he duties established through the
specialized supervision measure, th e child protection commission or,

31

if the case, the court of law, according to the distinctions stipulated
under art. 80, paragraph (2), may decide the placement of the child
in the extended or substitute family, as well as request that the child
fulfils the duties stipul ated under paragraph (1).

Art. 82 – In case the act stipulated by the criminal law, which was
committed by the child who is no t criminally liable, presents an
increased risk of social danger, as well as in case when the child who
was subject to the measures stipulated under art. 81, commits
second offences, the child protection commission, or, if the case, the
court of law may decide, for a determined period of time, the
placement of the child in a s pecialized residential service.

Art. 83 – It is forbidden to publicize any information concerning a
criminal act committed by the child who is not criminally liable,
including personal data concerning the child.

Art. 84 – (1) Throughout the duration of t he measures enforced upon
the child who has committed criminal acts and who is not criminally
liable, specialized services will be provided, in order to assist the
children in the social re-integration process.
(2) The types of specialized servic es referred to under paragraph (1)
as well as the standards concerning the method of providing these
services are approved through a Government decision.

CHAPTER VI
The protection of the exploited child

Art. 85 – (1) The child has the right to be protected against any forms
of violence, neglect, abuse or maltreatment.
(2) Any natural or legal person, as we ll as the child, can notify the
authorities empowered by law to ta ke appropriate measures, in order
to protect the child against any forms of violence, including sexual
violence, harm or physical or ment al abuse, maltreatment or
exploitation, abandonment or neglect.
(3) The staff of the public or private in stitutions who come into contact
with the child through the nature of their profession and have
suspicions concerning a potential case of child abuse, neglect or
32

maltreatment, must urgently notify the general department for social
security and child protection.

Art. 86 – (1) The child’s parents or, if the case, any other legal
representative of the child, th e public authorities and private
institutions must take all the appropriate measures in order to
facilitate the physical and mental rehabilitation and the social re-
integration of any child who has been the victim of any form of child
neglect, exploitation or abuse, tort ure, cruel, inhuman or degrading
punishments or treatments.
(2) The persons referred to under parag raph (1) will provide the
necessary conditions so that the re -adjustment and re-integration of
the child should have as primary cons ideration the child’s health, self-
respect and dignity.

SECTION 1
The protection of the child ag ainst economic exploitation

Art. 87 – (1) The child has the right to be protected against
exploitation and cannot be forced to perform any work with a potential
risk and which is likely to compromise the child’s education, or to be
harmful to the child’s health or physical, mental, spiritual, moral or
social development.
(2) Any practice through which a child is given away by one or both
parents or by his / her legal representat ive, in exchange or not for a
reward, with the purpose of exploiti ng the child or his / her work, is
forbidden.
(3) In situations when school-age children av oid the educational
process and conduct various types of activities in violation of the law,
the education institutions must immediately notify the public social
security service. In the event of such situations, the public social
security service, together with the county school inspectorates and
the other competent public institutions must undertake measures in
view of the educational re-integration of the child.
(4) The Labor Inspection in cooperation with the National Authority for
the Protection of the Rights of t he Child must promote awareness and
information campaigns targeted on:
33

a) the children – focusing on the protection measures they
can receive and on the risks involved by economic
exploitation;
b) the general public – which include parental education and training activities for the professionals who are
working with and for children, in order to help them
provide real protection for the children against
economic exploitation;
c) the employers and potential employers.

SECTION 2
The protection of the child agai nst the illegal use of drugs

Art. 88 – (1) The child has the right to be protected against the illegal
use of drugs and psych otropic substances.
(2) It is forbidden to sell solvents to children, without the consent of
the parent or of another legal representative.
(3) The National Anti-Drug Agency, in cooperation with the National
Authority for the Protection of the Righ ts of the Child, and, if the case,
with other central public adminis tration authorities or specialized
institutions, must take the ap propriate measures in order to:
a) prevent the involvement of children in the illegally production
and trafficking of these substances;
b) raise the public awareness and especially the awareness of
children on this issue, including through the education
system and, if the case, by in troducing this topic in the
school curriculum;
c) support the children and their families through counseling and guidance – of a confidentia l nature, if necessary – but
also through the elaboration of policies and strategies which
guarantee the physical and m ental rehabilitation and the
social re-integration of the drug addicted children, including
by developing, for this purpose, methods of alternative
intervention to the traditional psychiatric institutions;
d) further develop the data collection systems, in order to gather real data on the occurrence of the drug abuse in
children, as well as on the in volvement of children in the
illegal production and traffi cking of drugs; conduct an
ongoing assessment of these situations, of the progress
34

made, of the difficulties encountered, and of the future
objectives, respectively;
e) develop a public information system which should lower the tolerance level on drug abuse and should help identify the
first symptoms of illicit drug consumption, especially in the
case of children.
(4) The institutions referred to under paragraph (3) will make
sure that the children’s opinions are taken into account when
elaborating the anti-drug strategies.

SECTION 3
The protection of the child against abuse or neglect

Art. 89 – (1) Child abuse means any voluntary action of a person who
has a relation of responsibility, trust or authority towards the child,
through which the life, the normal ph ysical, mental, spiritual, moral
and social development, the bodily integrity, and the physical and
mental health of the child are endangered.
(2) Child neglect means the omission, ei ther voluntary or involuntary,
of a person who is responsible for upbringing, caring for and
educating the child, to undertake any measure which is subordinated
to this responsibility, and which results in endangerment of the
physical, mental, spiritual, moral and social development, the bodily
integrity and the ph ysical and mental health of the child.

Art. 90 – It is forbidden to enforce physi cal punishments of any kind
or to deprive the child of his or her rights, which may result in the
endangerment of the life, the physica l, mental, spiritual, moral and
social development, the bodily inte grity, and the physical and mental
health of the child, both within the fa mily, as well as in any institution
which ensures the protection, ca re and education of children.

Art. 91 – (1) Any person who, through the nature of his or her
profession, works directly with a ch ild and has suspicions concerning
the existence of a case of child abuse or neglect, must notify the
public social security service or the general department for social
security and child protection in whose territorial range was identified
the respective case.
35

(2) For the notification of the cases of child abuse or neglect, at the
level of each general department f or social security and child
protection, a “child telephone line” will be established, and the
number should be widely publicized.

Art. 92 – In view of providing special protection for the abused or
neglected child, the general department for social security and child
protection shall:
a) verify and provide a solution f or all notifications concerning child
abuse and neglect cases, includi ng those coming from family
social workers;
b) provide the services stipulated under art. 107, which specialize
in addressing the needs of ch ildren victims of abuse and
neglect and their families.

Art. 93 – In order to verify the notificat ions concerning cases of child
abuse and neglect, the representatives of the general department for
social security and child protection have the right to gain access,
according to the law, to the headquar ters of the legal persons, as well
as to the domicile of the natural persons who are legally responsible
or provide child protection. In order to conduct these verifications, the
police must support the representativ es of the general department for
social security and child protection.

Art. 94 – (1) The representatives of the l egal persons, as well as the
natural persons who are legally responsible or provide child
protection must cooperate with th e representatives of the general
department for social security and child protection and offer them all
necessary information for addressing the situations.
(2) In case when, following the verifi cations, the representatives of
the general department for social security and child protection reach
the conclusion that there are sound reasons to sup port the existence
of an imminent dangerous situation f or the child, as a result of child
abuse and neglect, and they do not face any opposition from the
persons referred to under paragraph (1), the director of the general
department for social security and ch ild protection will establish the
emergency placement measure. The provisions stipulated under art.
58 – 60, art. 64, paragraph (3) and art. 66 are properly enforced.
(3) In case the persons referred to under paragraph (1) refuse or
prevent in any way the representat ives of the general department for
social security and child protection to conduct the verifications, and it

36

is established that there are sound reasons to support the existence
of an imminent dangerous situation f or the child, as a result of child
abuse and neglect, the general depart ment for social security and
child protection notifies the court of law, requesting the issuance of a
presidential ordinance for the emergency placement of the child with
a person, family, maternal assistant or in a residential service, which
is licensed in accordance with the law. The provisions stipulated
under art. 58 – 60 and art. 64, pa ragraph (3) are properly enforced.
(4) Within 48 hours from the date of executing the presidential
ordinance through which the em ergency placement measure was
established, the general department for social security and child
protection notifies the court of law, requesting it to issue a decree
ruling on: the replacement of the emergency placement with a
placement measure, the partial or co mplete termination of parental
rights, as well as on the exercise of parental rights.

Art. 95 – (1) During the process ment ioned under art. 94, paragraphs
(3) and (4), the written statement of the child concerning the abuse
or
neglect situation to which he or she was subjected, may be
administered ex-officio as evidence. The child’s statement may be
recorded, according to the law, through technical audio-visual
methods. The recordings are made obligatorily with the assistance of
a psychologist.
(2) The child’s consent is mandatory for the recording of his or her
statement.
(3) If the court of law deems necessary , it may subpoena the child in
order to conduct a hearing. The heari ng only takes place in the
council chamber, in the presence of a psychologist and only
subsequent to an initial preparatio n of the child in this regard.

Art. 96 – In case the child abuse or neglect were committed by
persons who, based on a legal work ing contract or another type of
contract, were providing the protection, upbringing, care and
education of the child, the employ ers of these persons must notify
immediately the criminal investigation authorities and must separate
the respective persons from the children who are in their care.

Art. 97 – It is forbidden to employ a person against whom a final and
irreversible court decree has been is sued for intentionally committing
a crime, in the public or private institutions, as well as in the public or
37

private residential services, which provide the protection, upbringing,
care or education of children.

SECTION 4
The protection of the child agains t kidnapping and any form of
trafficking

Art. 98 – (1) The Ministry of Administration and Internal Affairs and
the National Authority for the Protec tion of the Rights of the Child, in
cooperation with the Ministry of Education and Research, will
undertake the necessary steps in order to adopt all legal,
administrative and educational meas ures that are destined to ensure
the efficient protection against any forms of internal or international
child trafficking, for any purpose or in any form, including by the
child’s own parents.

(2) For this purpose, the public authorities referred to under
paragraph (1) have the responsibility to elaborate a national strategy
for the prevention and eradication of this phenomenon, including an
internal mechanism for coordinating and monitoring the already
accomplished activities.

SECTION 5
The protection of the child agains t other forms of exploitation

Art. 99 – (1) The child has the right to be protected against any form
of exploitation.
(2) The public authorities and institutions, according to their
responsibilities, adopt specific regulations and enforce adequate
measures in order to pr event, among others:
a) the illegal transfer and the failure of returning of the child;
b) the conclusion of adoptions, either national or international,
for any other purposes than the best interests of the child;
c) sexual exploitation and sexual violence;
d) the kidnapping and trafficking in children, for any purpose
and in any form;
e) the involvement of child ren in armed conflicts;

38

f) the forced development of children’s abilities to the detriment
of their harmonious physical and mental development;
g) the exploitation of the children by the media;
h) the exploitation of children as part of scientific researches or
experiments.

CHAPTER VII
Institutions and services

SECTION 1
Central institutions

Art. 100 – The monitoring of the observ ance of the principles and
rights established by the present law and by the UN Convention on
the Rights of the Child, ratified by Romania through Law no. 18 /
1990, republished, as well as the c oordination and control of the child
rights protection and promotion activities, are conducted by the
National Authority for the Protection of the Rights of the Child, as a
specialized institution of the central public administration, with legal
status, and which is subordinated to the Ministry of Labor, Social
Solidarity and Family.

Art. 101 – The defense of the rights and liberties of the child in his or
her relations with the public authori ties, for the purpose of promoting
and improving the condition of the child, is achieved through the
Office of the Ombudsman.

SECTION 2
Local institutions and services

Art. 102 – The local public administration authorities must guarantee
and promote the observance of the rights of the children in their
administrative – territorial range, by preventing the child’s separation
from his or her parents, as well as th e special protection of the child
who is deprived, either temporarily or definitively, of the care of his or
her parents.
39

Art. 103 – (1) The local public administration authorities must involve
the local community in the process of identifying the needs of the
community and solving at the local level the social issues involving
children.
(2) Consultative community structu res can be created for this
purpose, which may include, but which are not limited to, local
businessmen, priests, teachers, doctors, local counselors and police
officers. The role of these structure s is both to solve concrete cases
and to meet the global needs of the respective community.
(3) The mandate of the consultati ve community structures is
established through documents i ssued by the local public
administration authorities.
(4) The consultative community stru ctures will benefit from social
work and child protection training programs, in order to fulfill the role
for which they have been created.

Art. 104 – (1) The child protection commission operates under the
subordination of the county council, and, respectively, of the local
councils of the Bucharest sectors, as the specialized institution of
these authorities, without legal status, and having the following
responsibilities:
a) determining the degree of di sability and the educational
orientation of the child;
b) making decisions, in accordanc e with the law, on the proposals
regarding the establishment of special child protection
measures;
c) addressing the petitions conc erning the issuance of the
maternal assistant certificate;
d) other responsibilities, as stipulated by the law.
(2) The organization and operating methodology of the child
protection commission is regulated through a Government decision.

Art. 105 – (1) The specialized child protection public service, which
operates under the subordination of t he county councils and the local
councils of the Bucharest sectors, respectively, as well as the public
social security service which operates at the level of the counties and
of the Bucharest sectors, are re-organized in order to create the
general department for social se curity and child protection.
(2) The general department for social security and child protection is
a public institution with legal status, established under the

40

subordination of the county council, or of the local council of the
Bucharest sectors respectively, which takes over the responsibilities
of the public social security service at the level of the county, and of
the public social security service at the level of the Bucharest sectors,
respectively.
(3) The institution referred to under p aragraph (2) has, in the field of
child rights protection, the respon sibilities stipulated by the present
law, as well as by other legal ac ts that are currently enforced.
(4) The organizational structure, the number of persons in its staff
and the financial support of the genera l department for social security
and child protection is approved through a decision of the county
council or of the local county of the Bucharest sectors, respectively,
which had established them, in such a way as to ensure the
appropriate achievement of their responsibilities, as well as the full
realization and the effective exercis e of the rights of the child.
(5) The responsibilities and the fram ework-regulation concerning the
organization and operation of the general department for social
security and child protection are approved through a Government
decision, based on a proposal made by the Ministry of Labor, Social
Solidarity and Family.

Art. 106 – (1) The public social security services organized at the
levels of cities and towns, as well as the persons who are involved in
providing social security services within the communal local councils,
have the following responsibilities in the field of child protection:
a) monitor and analyze the situation of the children located in their
administrative – territorial range, as well as the enforcement of
the rights of these children, by providing the centralization and
synthesis of the relevant data and information;
b) conduct the activity aimed at the prevention of the child’s
separation from his or her family;
c) identify and evaluate the situations which call for services and / or financial assistance for the prevention of the child’s
separation from his or her family;
d) draft the documentation whic h is necessary for providing
services and / or financial assi stance and grant these services
and / or assistance, in accordance with the law;
e) offer counseling and informat ion for families who provide
maintenance for children, on their rights and duties, on the
rights of the child and on the serv ices available at the local
level;
41

f) provide and monitor the enforcement of the prevention and eradication measures against al cohol and drug abuse, family
violence, as well as delinquent behavior;
g) pay regular visits to the domiciles of families and children who
benefit from services and financial assistance;
h) forward proposals to the mayor, in case it is necessary to
undertake a special protection measure, in accordance with the
law;
i) monitor the evolution of the child’s development, and the way
in which the parents are exercis ing their rights and fulfilling
their duties towards the child who has benefited from a special
child protection measure, a nd was re-integrated in his or her
family;
j) cooperate with the general depar tment for social security and
child protection in the filed of child protection, and provide it all
requested information and data in this filed.
(2) At the level of the Bucharest sect ors, the responsibilities stipulated
under paragraph (1) are ca rried out by the general department for
social security and child protection.

Art. 107 – (1) In order to prevent the child’s separation from his or her
parents, as well as in order to provid e special protection for the child
who has been separated, either temporari ly or definitively, from his or
her parents, the following types of services are organized and made
operational:
a) day-care services;
b) family-type services;
c) residential services
(2) The framework-regulation concerning the organization and
operation of the services stipulated under paragraph (1) is approved
through a Government decision.

Art. 108 – (1) The day-care services are those services which
provide the maintenance, re-establis hment and development of the
capacities of the child and of his or her parents, in order to overcome
situations which may determine the child’s separation from his or her
family.
(2) Access to these services is made based on the service plan or, if
the case, on the individualized protec tion plan, in accordance with the
present law.

42

Art. 109 – The family-type services are those services which, at the
domicile of a natural person or a family, provide the upbringing and
care of the child who has been separated, either temporarily or
definitively, from his or her parents, as a result of enforcing the
placement measure, in accordanc e with the present law.

Art. 110 – (1) The residential services are those services which
ensure the protection, upbringing an d care of the child who has been
separated, either temporarily or definitively, from his or her parents as
a result of enforcing the placement measure, in accordance with the
present law.
(2) Placement centers and emergency child call-in centers are part of
this category of residential services.
(3) The maternal centers are also considered residential services.
(4) The residential services which belong to the public administration
authorities are organized only within the structure of the general
department for social security and child protection, as functional parts
of these departments, with no legal status.
(5) The residential services are organ ized based on the family model
and may have specialized characteristic s, according to the needs of
the placed children.

Art. 111 – (1) In order to ensure the prevention of the child’s
separation from his or her family, the local councils of the cities,
towns, communes and Bucharest se ctors, must organize, either
autonomously or in association, day- care services, according to the
needs identified within the respective community.
(2) In case the local council does not identify enough financial and
human resources to organize the s ervices stipulated under paragraph
(1), upon the local council’s request, the county council will provide
the necessary funding for establishing these services. The local
council will provide funding up to 50% of the operational expenses of
these services, the quota and the to tal amount of these expenses are
established on a yearly basis, through a decision of the county
council.

Art. 112 – In order to ensure the special protection of the child who
is deprived, either temporarily or definitively, of the protection of his or
her parents, the county c ouncil and the local counc il of the Bucharest
sectors respectively, must organi ze, either autonomously or in
association, family-type and residential services, according to the
43

needs identified at the level of their administrative and territorial unit.
According to the evaluated needs of the placed children, the county
council may also organize and develop day-care services.

CHAPTER VIII
Private institutions

Art. 113 – (1) The private institutions which may conduct activities
aimed at the protection of the ri ghts of the child and at providing
special child protection are pri vate legal persons, with non-
patrimonial purpose, which are established and accredited in
accordance with the law.
(2) In conducting the activities stipulated under paragraph (1), the
private accredited institutions are subject to the public law status
stipulated by the present law, as well as by the regulations through
which this law is enforced.

Art. 114 – The private institutions wh ich were legally established and
accredited may set up, organize an d develop services aimed at the
prevention of the child’s separation from his or her family, as well as
the special child protection servic es, which are stipulated under art.
107, only based on the license issu ed by the National Authority for
the Protection of the Rights of the Child.

CHAPTER IX
The licensing and inspection of the services aimed at the prevention
of the child’s separation from hi s or her family, as well as of the
special protection services for t he child who has been deprived, either
temporarily or definitively, of t he protection of his or her parents

Art. 115 – (1) The public authorities or the authorized private
institutions may set up, organize and develop services aimed at the
prevention of the child’s separation from his or her family, as well as
special protection services for the child who has been deprived, either
temporarily or definitively, of the protection of his or her parents,
which are stipulated by the present law, only if they have obtained the
44

operational license for the respective service, issued by the National
Authority for the Protection of the Right of the Child.
(2) The operational license stipulat ed under paragraph (1) is granted
based on the observance of the minimal obligatory standards
established for the services aimed at the prevention of the child’s
separation form his or her family, as well as for the special protection
services of the child who has be en deprived, either temporarily or
definitively, of the protection of his or her parents. These standards
are drafted by the National Authority for the Protection of the Rights
of the Child and are appr oved through an order of the state secretary.

Art. 116 – The National Authority for t he Protection of the Rights of
the Child conducts periodical inspec tions which focus on the way in
which the public authorities or the authorized private institutions are
observing the standards st ipulated under art. 110.

Art. 117 – The conditions and the procedure for granting,
withdrawing, annulling or suspending the license stipulated under art.
115, as well as the conditions and procedure for conduction the
inspections stipulated under art. 116, are established through a
Government decision.

CHAPTER X
The funding sources of the child protection system

Art. 118 – (1) The prevention of the child’s separation from his or her
family, as well as the special prote ction of the child who has been
deprived, either temporarily or definiti vely, of the protection of his or
her parents, is financed from the following sources:
a) the local budget of the communes, towns and cities;
b) the local budgets of the counties, or of the Bucharest sectors,
respectively;
c) the state budget;
d) donations, sponsorships, and other forms of financial
contributions, which are allowed by the law;
(2) The National Authority for the Protection of the Rights of the Child
may provide financial support for prog rams of national interest for the
protection and promotion of the ri ghts of the child, from funds
transferred from the state budget fo r this specific destination, from

45

foreign refundable or non-refundable funds, as well as from other
sources, in accordance with the law.

Art. 119 – (1) For each child for whom a placement measure has
been enforced, a monthly placement allowance will be granted,
amounting to 670,000 ROL, which is indexed through a Government
decision. The child for whom legal guardianship was established also
receives this allowance, in accordance with the law.
(2) The allowance is paid to the per son or the representative of the
family with whom the child has been placed, or to the legal guardian.
(3) The placement allowance is cove red by the state budget through
the budget of the Minist ry of Labor, Social Solidarity and Family.

Art. 120 – The expenses entailed by the payment of wages or
indemnities for maternal assistants, as well as those related to the
enforcement of the provisions of Law no. 326 / 2003 on the rights of
children and youngsters placed in the specialized public child
protection services, the mothers sh eltered in maternal centers, as
well as children who have been entrus ted or placed with professional
maternal assistants, are covered by the county budget or by the
budget of the Bucharest sector, respectively, and are administered by
the general department for social security and child protection.

Art. 121 – (1) The mayors grant exceptional financial assistance, in
case the family who is legally respon sible for the child is temporarily
facing financial problems, which are caused by an exceptional
situation and which endangers the harmonious development of the
child.
(2) The exceptional financial assistance is granted primarily to
children whose families do not hav e the opportunity or capability to
provide appropriate care fo r the child, or as a result of the need to
cover some particular expenses ai med at preserving the personal
relation of the child with his or her family.
(3) In each case, separately, the mayor decides on granting the
exceptional financial assistance and the amount of this assistance,
through a directive.

Art. 122 – The maximum amount, as well as the conditions for
granting the exceptional financial assistance, are determined through
a decision of the local council.

46

Art. 123 – The exceptional financial a ssistance may also be granted
in kind, based on a directive issued by the mayor, primarily in the
form of food, clothes, school bo oks and stationery or school
equipment, or it may cover the expens es related to transportation,
procurement of prostheses, medicine, and other medical accessories.

CHAPTER XI
Special procedural rules

Art. 124 – (1) The cases stipulated by the present law concerning the
establishment of the special protec tion measures, are decided by the
second level court of law (tribunal ) in whose territorial range the
child’s domicile is located.
(2) If the domicile of the child is unknown, the competence to rule
such cases is transferred to the second-level court in whose territorial
and administrative range the child was found.

Art. 125 – (1) The cases stipulated under art. 119 are subject to
speedy trials, and involve the subpoenaing of the child’s legal
guardian, and of the general department for social security and child
protection, as well as the mandator y participation of the prosecutor.
(2) The hearing of the child who has reached the age of 10 years old
is mandatory and it is conducted in accordance with the provisions
stipulated under art. 24, with the exception of the cases which
concern the establishment of spec ial child protection measures for
the abused or neglected child; in su ch a case, the hearing of the child
is conducted in accordance with t he provisions stipulated under art.
95, paragraph (3).
(3) The intervals between the court se ssions cannot exceed 10 days.
(4) The parties involved are legally subpoenaed, if the subpoena was
served at least one day prior to the trial day.

Art. 126 – (1) The court decrees which rule upon the case are issued
on the day when the court debates come to an end.
(2) In exceptional circumstances, th e issuance of the court decree
may be postponed for at most 2 days.

Art. 127 – (1) The court decree of the trial court is executory and
final.
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(2) The court decree is drafted and communicated to the parties
involved within 10 days from the date it was issued.

Art. 128 – The deadline for the second appeal is of 10 days from the
date when the court decree was communicated.

Art. 129 – The provisions of the present law on the procedure for
addressing the cases conc erning the establishment of the special
protection measures are supplemented by the provisions of the Civil
Procedure Code accordingly.

Art. 130 – In all cases which concern the enforcement of the present
law, the general department for social security and child protection in
the administrative-territorial area where the child resides or was
found, drafts and presents to the court of law a report concerning the
child, which will include information on:
a) the personality, physical and mental condition of the child;
b) the socio-medical and educa tional records of the child;
c) the conditions in which the ch ild was raised and in which he or
she has lived;
d) proposals concerning the person, family or residential service in
which the child could be placed;
e) any other information on the upbringing and education of the child, which may be used in ruling the case.
(2) The reintegration and supervision se rvice from the courts of law
will as well draft a report in all the cases regarding the establishment,
replacement or termination of the special protection measures that
are specified under the present law for the child who has committed a
criminal act and is not criminally liable.

Art. 133 – The cases which are related to the enforcement of the
present law are exempt from the judicial stamp tax and the judicial
stamp.

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CHAPTER XI
Liabilities and sanctions

Art. 132 – (1) Persuading or facilitating a minor to practice begging,
or gaining any sort of advantage as a result of this activity of the
minor child, is punished by 1 to 3 years in prison.
(2) Recruiting or forcing a minor to practice begging is punished by 1
to 5 years in prison.
(3) If the offence stipulated under par agraphs (1) or (2) is committed
by a parent or by the person who is legally responsible for the child,
the punishment is of 2 to 5 years in prison, for the offence stipulated
under paragraph (1), and of 2 to 7 years in prison and the deprivation
of certain rights for the offe nce stipulated under paragraph (2).

Art. 133 – The act committed by the parent or by the person who is
legally responsible for the child, of using the child in order to
repeatedly ask for charity from the public, by requesting either
financial or material support, is punis hed by 1 to 5 years in prison and
by deprivation of certain rights.

Art. 134 – (1) Failure to observe the duties stipulated under art. 36,
paragraph (2), art. 48, paragraph (4) and art. 91, represents a serious
misbehavior and is sanctioned in accordance with the law.
(2) The failure to observe the duty stipulated under art. 36, paragraph
(2), art. 87, paragraph (3), thesis one, represents a misbehavior.

Art. 135 – (1) The following acts represent violations:
a) failure to observe the duty stipulated under art. 9, paragraph
(1), within 30 days from the date of entry into force of the
present law;
b) failure to observe the duty stipulated under art. 9, paragraph
(2);
c) failure to observe the dut y stipulated under art. 10, paragraphs
(1) and (3);
d) failure to observe the dut y stipulated under art. 11, paragraph
(1);
e) failure to inform the police authorities on the result of the
specific verifications concerning the identity of the mother, in
accordance with the provisio ns stipulated under art. 11,
paragraph (3);
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f) failure of the public social security service to make birth
recording statement, in accordance with the provisions
stipulated under art . 11, paragraph (6);
g) failure to observe the dut y stipulated under art. 11, paragraph
(7);
h) failure to observe the duties stipulated under art. 13 and art. 18,
paragraph (3);
i) failure to observe the provisions stipulated under art. 22, paragraphs (2) – (4), and under art. 83;
j) failure to observe the duty stipulated under art. 96.
(2) the violations stipulated under paragraph (1) are sanctioned as
follows:
a) those stipulated under lines a), c), g) and h) with a fine of 1 to 3
million ROL;
b) the violation stipulated under line f), with a fine of 2 to 5 million
ROL ;
c) those stipulated un der lines b) and d) and j) with a fine of 3 to 6
million ROL;
d) those stipulated under lines e) and i), with a fine of 5 to 15
million ROL.
(3) The violations are recorded and the fines are enforced by
individuals specifically appointed for this assignment from among
persons who have control responsibilities within:
a) the Ministry of Health, in the case of the violations stipulated
under paragraph (1), lines a), c) and d);
b) the Ministry of Administration and Internal Affairs, in the case of
the violations stipulated under paragraph (1), lines b), e), h) and
i);
c) the National Authority for t he Protection of the Rights of the
Child, in the case of the violations stipulated under paragraph
(1), line j);
d) the county council, or the lo cal council of the Bucharest sector
respectively, in the case of the violations stipulated under
paragraph (1), lines f) and g).

Art. 136 – The provisions of Governm ent Ordinance no. 2 / 2001 on
the legal status of violations, approved, modified and completed
through Law no. 180 / 2002, with su bsequent changes are applicable
in the case of the violations stipulated under art. 135.

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CHAPTER XII
Final and transitory provisions

Art. 137 – Within 6 months from the date of enforcement of the
present law, the general department for social security and child
protection will re-evaluate the circumstances which led to the
establishment of the protection measures ordered by the child
protection commission, and, if the case, will request the court of law
to establish legal guardianship or a special child protection measure,
in accordance with the present law.

Art. 138 – The placement centers, th e emergency call-in centers and
the maternal centers organized in the framework of the former
specialized child protection public services are re-organized through
a decision of the county council, or of the local councils of the
Bucharest sectors respectively, in the framework of the general
department for social security and child protection, in the
subordination of the county council, or of the local councils of the
Bucharest sectors respectively, as functional components of these
authorities, with no legal status.

Art. 139 – (1) The day-care services aimed at the prevention of
situations that endanger the security and development of the child,
which established by the county coun cils, as well as the staff within
these services, are transferred to the local councils on whose
territorial range they are operating.
(2) The specialized day-care services for the abused or neglected
child, which are considered to be of county interest, are an exception
to the provisions sti pulated under paragraph (1).
(3) In case the services stipulat ed under paragraph (1) are part of a
group of services which are also involved in residential child
protection, namely the placement center, the emergency call-in
center or the maternal center, the transfer is complete d only if it is
possible to separate the staff and the patrimony.
(4) The local councils have the duty to maintain the destination and
organizational chart of the staff of t he services that were taken over.
(5) The transfer stipulated under pa ragraph (1) is conducted based
on a protocol signed between th e county council and the local
council.

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Art. 140 – The teaching and auxiliary staff who was transferred in
accordance with art. 46 from the Emergency Government Ordinance
no. 26 / 1997 on the protec tion of the child in difficulty, republished,
with subsequent changes and additions, and who, on the date of
entry into force of the present law is employed under this status within
the specialized child protection public services, maintains their status.

Art. 141 – Within 30 days from the entry into force of the present law,
the county council, or the local councils of the Bucharest sectors
respectively, the Ministry of Health , the Ministry of Administration and
Internal Affairs and the National Authority for the Protection of the
Rights of the Child must appoint the individuals who will record the
violations and enforce the sanction mentioned in the present chapter,
from among the persons with control responsibilities.

Art. 142 – (1) On the date of enforcement of the present law, the
following legal acts are abrogated:
a) art. 88 from the Family Code;
b) the Emergency Government O rdinance no. 26 / 1997 on the
protection of the child in diffic ulty, republished in the Romanian
Official Gazette, Part I, no. 276 / July 24, 1998, with subsequent
changes and additions, with the exception of art. 20;
c) the Government Decision no. 604 / 1997 on the authorization
criteria and procedures for private child protection institutions,
published in the Romanian Offici al Gazette, Part I, no. 280 /
October 16, 1997;
d) the Emergency Government Ordinance no. 123 / 2001 on the reorganization of the child protecti on commission, published in
the Romanian Official Gazette, Part I, no. 643 / October 15,
2001, approved with changes through Law no. 71 / 2002;
e) line a), paragraph (2), art. 3 of the Framework-Regulation for
organization and operation of the public social security service,
approved through the Government Decision no. 90 / 2003,
published in the Romanian Official Gazette, Part I, no. 81 /
February 7, 2003, with subsequent changes.
(2) The provisions concerning the bi rth registration of the child who
was abandoned by the mother in the hospital, from Law no. 119 /
1996 on documents concerning the ci vil status, published in the
Romanian Official Gazette, Part I, no. 282 / November 11, 1996, with
subsequent changes and addition s, will be modified accordingly.

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(3) Any other contrary provisions are abrogated on the date of entry
into force of the present law.

Art. 143 – (1) The initial training in the field of child protection is
mandatory for all staff categories in the system, and for the
individuals who have decision-making responsibilities concerning the
child.
(2) Permanent education and lifelong prof essional training in the field
of special child protection is provided for all staff categories in the
system.
(3) The National Authority for the Protec tion of the Rights of the Child,
together with the Ministry of Educ ation and Research, the Ministry of
Labor, Social Solidarity and Family as well as, according to the case,
the other interested public or private institutions, will provide the initial
and lifelong training of the sta ff who, in exercising their
responsibilities, come across the protection and promotion of the
rights of the child.

Art. 144 – (1) The education, protection and nursing staff within the
public and private institutions who come into contact with the child
through the nature of their job, must undergo through a neuro-
psychiatric evaluation at the time when they are employed.
(2) The staff mentioned under paragraph (1) is assessed on a yearly
basis from a psychological point of view.
(3) The neuro-psychiatric evaluation reports and the psychological
assessment reports are kept in the personal file of each staff
member, according to the law.

Art. 145 – (1) The internal regulations of the legal persons which
conduct child protection activities sh all specifically mention the rules
established in order to ensure the exercise of the rights and the
fulfillment of duties by the children, according to their age, health and
degree of maturity.
(2) These regulations shall be displayed in a visible place, enabling
the access of children and their adequate information.

Art. 146 – The provisions of the current law are supplemented by
other regulations concerning the rights of the child, including the
provisions of the international conventions and treaties to which
Romania is a state party.

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Art. 147 – The elaboration of the legal ac ts which refer to any of the
rights of the child stipulated under the current law is done only with
the endorsement of the National Aut hority for the Protection of the
Rights of the Child.

Art. 148 – (1) The present law comes into force on January 1, 2005,
with the exception of the provi sions stipulated under art. 17,
paragraph (2), art. 19, paragraph (3), art. 84, paragraph (2), art. 104,
paragraph (2), art. 105, paragraph (5), art. 107, paragraph (2) and art.
117, which come into force 3 days from the date when the present
law is published in the Romanian Official Gazette, Part I.
(2) The procedures referring to the child ’s return to the country, or to
the identification of the parents or of the persons who are legally
responsible for the child, as well as the public or private special child
protection services, which have the competency to provide the
protection of children who are aboar d and who, for any reasons, are
not accompanied by their parents or by any persons who is legally
responsible for them, or are not under the legal supervision of any
persons who are aboard, in the situat ion stipulated under art. 19,
paragraph (3), are compiled by the National Authority for Child
Protection and Adoption.
(3) The organization and operating methodology of the child
protection commission, which is stipulated under art. 104, paragraph
(2), are compiled by the National Aut hority for Child Protection and
Adoption.
(4) The framework-regulation on the organization and operation of the
services stipulated under art. 107, paragraph (2) is compiled by the
National Authority for Child Protection and Adoption.
(5) The conditions and the proced ure for granting, withdrawing,
annulling or suspending the license stipulated under art. 115, as well
as the conditions and procedure f or conduction the inspections
stipulated under art. 116, are compiled by the National Authority for
Child Protection and Adoption.
(6) The procedures concerning the exercise of the child’s right to
maintain personal relations and direct contact with the parents who
reside abroad, which is stipulated under art. 17, paragraph (2), is
compiled by the National Authority for Child Protection and Adoption
together with the Ministry of Foreign Affairs.
(7) The type of specialized serv ices, stipulated under art. 84,
paragraph (2), which are ensured for the entire duration of the
measures enforced upon the child who has committed criminal acts
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and who is not criminally liable, in order to assist the children in the
process of re-integration into society, as well as the standards
concerning the provision of th ese services are compiled by the
National Authority for Child Protection and Adoption in cooperation
with the Ministry of Justice.
(8) The responsibilities and the Framework-regulation on the
organization and operation of the general department for social
security and child protection, which are stipulated under art. 105,
paragraph (5), are compiled by the Mini stry of Labor, Social Solidarity
and Family.

This law was adopted by the Parliament of Romania, with observance
to the provisions stipulated under art. 75 and article 76, paragraph (1)
of the Romanian Constitution, republished.

CHAIRMAN OF THE CHAMBER CHAIRMAN OF THE SENATE
OF DEPUTIES
VALER DORNEANU NICOLAE VĂC ĂROIU

Bucharest, June 21, 2004.
No. 272.

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