CANCELLOR OF JUSTICE AS OMBUDSMAN FOR CHILDREN PART III PART II PART I Thus, if the legislation establishes mandatory requirements for the substitute home service, the state should also have cost-based calculations to ensure that the funding per child is sufficient for providing the service to the extent and on the conditions provided for by the law. Children without parental care are entitled to full maintenance by the state and the state should ensure it at least to the necessary minimum extent in a uniform manner for all the children entitled to the substitute home service. Guaranteeing this minimum standard for the children should not be made dependent on the capability of a substitute home to find sponsors or other additional sources for financing the service, as not all the substitute homes have them while the basic needs of the children still have to be met. The Chancellor observed that finding additional funds besides the money paid per child from the state budget does not depend on the form of ownership of a substitute home, but to a large extent on the enterprising initiative and capability of an establishment and in particular its management to participate in various projects and attract sponsors, as well as on the support of a particular local authority to the establishment. Some local authorities support substitute homes on their territory by compensating transportation costs of children, ensuring kindergarten places or municipal premises free of charge, etc. However, the majority of local authorities do not provide any support to the substitute homes managed by them or operating on their territory. 3. Activities of rural municipality or city authorities in exercising their guardianship and care duties in respect of children At least equally important with the local authorities’ support to substitute homes is the role of local authorities as guardians of children without parental care. The task of a child’s legal representative is to support the development of the child and ensure their all-round well-being. However, in almost all the substitute homes there are children whose guardian local authorities do not perform their guardianship duties but have unlawfully delegated the substitute homes to make decisions and perform acts which, according to the law, should be performed by a child’s legal representative (including representation in pre-trial and judicial proceedings, applying for the establishment of a degree of disability or for rehabilitation). Local authorities have also failed to show sufficient interest in the development and well-being of children under their guardianship in substitute homes. This is characterised by problems with case management plans which should be the most important documents in ascertaining individual needs of the child, planning the activities necessary for their development and for monitoring their well-being. Such plans have either not been drawn up, revised once a year or properly signed as required by the law. One in four substitute homes has children who have not been periodically visited by a representative of the local authority of their residence in order to ensure that a child’s legal representative has a personal contact the with the child and is familiar with the child’s situation. This also means failure to ensure the right of the child to be involved in making the decisions concerning him or her. 4. 22 State supervision State supervision over the quality of the substitute home service is performed by county governors. However, the quality of their work is rather uneven. For example, county governors have interpreted differently the legally prescribed requirements for the substitute home service (e.g. requirement to have a case management plan or establish the ratio of children and teachers) which leads to a different application of the law in substitute homes in different counties. Shortcomings could also be observed in the preliminary and follow-up supervision performed by county governors. County governors often fail to make use of the opportunities upon granting operating licences and concluding contracts under public law to ensure that no more children than the legally prescribed maximum are placed in a family in a substitute home