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
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