2. Homes for medical – social care for children In fulfilment of the policy document National Strategy "Vision for Deinstitutionalisation of Children in the Republic of Bulgaria“, the Ministry of Health developed a concept for deinstitutionalisation of the children from the homes for medical – social care (HMSCC), which was passed by the Council of Ministers on 1 September 2010 as an addendum to the Concept for the Restructuring of the Hospital Care System. The plan for the closing of the specialised institutions includes: activities with the children; gradual and specifically scheduled reduction of the capacity of the specialised institution over time; personnel-related activities and plan for the future of the tangible assets. In 2013 the NPM followed the closing process of 4 of the pilot HMSCC, included in the "Destination Family" project and the cooperation mechanisms between the institutions involved, related to the care for and protection of the children. Admission and stay The NPM found that there is certain lack of clarity with respect to the application of the provisions of the Family code (FC) regulating the adoption procedure. Art. 93 of the FC states that adoption without the consent of the parent is allowed when the parent permanently does not take care of the child and does not pay allowance or raises the child and brings the child up in a manner detrimental to the child's development. Adoption without the consent of the parent is also allowed when the child is placed in a specialised institution and within 6 months as of the date of the placement as a result of an administrative procedure under the Child Protection Law, the parent, without justifiable cause has not requested termination of the placement or change of the measure and return of the child, or the placement of the child in the family of relatives or closely related people as provided for in the CPL. The request may be filed as part of placement proceedings by the court initiated in accordance with the CPL. Adoption without the consent of the parent in the above mentioned situations is also allowed when social service of resident type has been provided to the child, or the child has been placed in foster care and has been entered in the register of children to be fully adopted. The lack of specific definition of the "justifiable cause" condition is the reason for the application of different approaches by the officers at the Social Assistance Directorates (SAD) in the cases when the parents have not been in contact with the children placed at HMSCC over a period of 6 months or more after their placement there. For example, a check of the documents of the children at the HMSCC – Yambol carried out by the NPM showed that often the action plans for several children enlisted in the adoption registers state as a long-term objective "reintegration in the biological family”. There is a case of a child born 22 August 2011 and placed in the home on 16 September 2011 by virtue of court decision until the child turns 3 years of age. In the social report prepared on 24 September 2013 by SAD Yambol it is explicitly stated that the child has not been visited by the mother or other relatives since the child's placement in the home. 24

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents