The special protection measure of foster care. Establishment conditions. Conditions needed for the minors’ reintegration into their family

DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

Abstract

The parental risk factors identified by the General Directorate of Social Assistance and Child Protection A. in the report prepared on 20.09.2019, respectively the mistreatment, the serious behavioral problems of minors, the mother’s emotional instability, the absence of an adult to deal with the minors’ supervision in the mother’s absence, the practice of begging, minors’ running away from home, the mother’s incapacity of managing her  relation with minors, the absence of the father’s figure from the process of growth and education of minors, the poor housing conditions, have not been removed so far, and the only change made was the point of view of the appellant, who at present considers that she is able to ensure her children’s adequate growth and education. 
It has to be underlined the fact that according to the challenged judgment it was ordered the reintegration of the minor O.O. into her family, and the judgment remained final as regards this measure, and thus, the appellant had the possibility of proving that she was able to fulfil the conditions indicated in the specialised reports prepared in this matter, for the purpose of her adequate growth and education, at present having more a dependent minor daughter. Subsequently, provided that the current situation changes, and the appellant consolidates her parental skills and is able to ensure constant supervision of minors, providing them a secured family environment, the reintegration of the other two 
minors can also be requested, the measure of foster care being according to art. 62 paragraph 1 of Law no. 272/2004 temporary, and its continued application is only 
required as long as the child’s rights cannot be protected otherwise, the best interests of the child, which must prevail in accordance with art. 2 paragraph 4 of Law no. 272/2004 in all measures and decisions regarding children, undertaken by the public authorities and by the authorized private bodies, as well as in the cases settled by the courts, being to this end. 
The provisions of article 72 of Law no. 272/2004 are relevant to this end. Therefore, there is no question of breach of provisions of art. 35 paragraph 1 or of art. 39  paragraph 2 of Law no. 272/2004, setting forth the child’s right to grow together with his parents, at this time, it is in the best interests of children, as established related to the provisions of art. 2 paragraph 6 of Law no. 272/2004, to establish the measure of special protection of the foster care.