What comes into effect from the beginning of 2020 that affects children and families
The child strategy has been halted, but recent legislative changes include:
• Removal of a child after receiving a signal: they can urgently remove your child after receiving a signal, including anonymous, without an order from the court (Regulations for the Application of the Child Protection Law, Article 33 and Article 10, Paragraph 5; Article 36d, Article 36e of the Social Services Law, in conjunction with Article 27 (1) of the Child Protection Law, State Gazette No. 24 of March 22, 2019, in force since 01.01.2020, page 35 and 36 and Art. 23 of the Regulations for the Implementation of the Child Protection Law.)
• Parents are found guilty. Only after a month they will have to prove to the court that they are innocent, if they can and if they have money for lawyers – Art. 27 (2) of the Child Protection Law.
• Your home is not protected. After the signal, a social worker will be able to enter your home without a court order and compose a social report with a wealth of personal information (such as: the food, rooms layout, how you maintain your home, home appliances, the right conditions and comfort for your child, , hygiene, etc .) – Art. 10 (1) and Annex 1 of the Ordinance, amended by with a decree of the Board of Ministers N 0104/02/05/2019.
• Based on the judgment of a social worker, your parental competence will be assessed, you will be given mandatory prescriptions how to take care of your children (Art. 11, Regulation on the conditions and procedure for implementing actions to prevent the abandonment of children and their placement in institutions, as well as for their reintegration), or you will need „protection actions“, including abduction of the child (Art. 14 (3) and 20 (2)). “Reintegration actions” (Art. 17 (2)) may not be taken at all, and the child may be given for adoption (Art. 93 (2) and (3), Family Codex) including abroad.
• There is No responsibility: responsiblility for false signals, for unjustified removal of children, for false social reports and so on is not provided.
• Private companies / NGOs seize state functions (Art. 30 of the Social Services Law). They may impose on you compulsory social services (Art. 21/1/ H of the Child Protection Law in conjunction with Art. 18/1 & 4 of Regulations for the Implementation of the Child Protection Law) performed by private providers of social services, including foreign / foreign funded (Art. 41/ 2 of Social Services Act). These individuals will select and control the foster families, give opinions to the court on whether you are good parents, give you mandatory prescriptions, get involved in parental disputes, receive personal information from doctors and institutions, and more. For their business, these providers will receive money from the budget, from citizens fees (such as providers charge) and from their foreign sponsors.
• Any child can be considered a “child at risk,” because of vaguely defined criteria. For example: single parent, large family; for: insufficient living space, insufficient income, disability / family illness, absences from school and many others, as well as “other circumstances” at the estimate of the social worker ( §1 of Child Protection Law, §1 of Regulations for the Implementation of the Child Protection Law, Art. 4-6 of the Board of Ministers’Ordinance).
• At helpline 116 111, which is operated by a private non-governmental organization with foreign funding, anyone can file a complaint against you, including your own child.
What is happening?
A group of NGOs – “social service providers” privatize the social sector and it is monopolized.
Excerpts from the Law on Social Services:
• Private companies – NGOs „providers of social services“ (Art. 30 of the Social Services Law), can be both FOREIGN – Art. 30/2 of the SSL. and FOREIGNLY FINANCED – Art. 41/2 of the SSL.
• Foreign providers will not even need a BULGARIAN LAW LICENSE in some cases, according to Art. 31/3 of the SSL.
THEY ARE FINANCED BY THE STATE AND MUNICIPAL BUDGETS + FEES BY THE CITIZENS – the providers determine them! (Art. 48/3 of the SSL) + their FOREIGN „SPONSORS“ (Art. 41 of the SSL).
• Providers have a major role in FOSTER CARE: new art. 34/a of the Child Protection Law.
• In the case of parental rights disputes, their OPINION on whether you are good parents will be used before the court: new Art. 138/a of Family Codex.
• Providers have ACCESS TO ALL OUR PERSONAL DATA: Art. 81/1 of the SSL.
• ACTIONS FOR „PROTECTION OF THE CHILD“ are provided as SOCIAL SERVICES, including compulsory ones: Art. 88/ 2 of the SSL and Art. 74/1 of the SSL, Art. 36/d/3 of the CPL; Art. 4/1, 4 and 5; Art. 20/ 2 and Art. 23/2 of the CPL: Actions for child protection – „social services“ .
• The provider is also a member of the MULTIDISCIPLINARY POWER TEAM for removal of a child only by SIGNAL (Art. 36/3, CPL).
This text is based on recent changes promulgated in the State Gazzete 24/March 22, 2019, in force from January 1, 2020.
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Project of the National Group “Parents United for the Children”