STATE CHILD RIGHTS PROTECTION AND ADOPTION SERVICE UNDER THE MINISTRY OF SOCIAL SECURITY AND LABOR REGULATIONS I. GENERAL PROVISIONS

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1 /Translation from Lithuanian into English. APPROVED by Resolution No of the Government of the Republic of Lithuania dated 20 October 2005 (Resolution No of the Government of the Republic of Lithuania of 31 October 2012 as revised) STATE CHILD RIGHTS PROTECTION AND ADOPTION SERVICE UNDER THE MINISTRY OF SOCIAL SECURITY AND LABOR REGULATIONS I. GENERAL PROVISIONS 1. State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labor (hereinafter referred to as the Service) is an institution under the Ministry of Social Security and Labor. 2. The purpose of the Service is to implement the policy of the state in the field of the child rights protection and take part in the formation of this policy in cases, laid down by the laws. 3. In its activities the Service follows the Constitution of the Republic of Lithuania, the United Nations Convention on the Rights of the Child (Official Gazette, 1995, No ), the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Official Gazette, 1997, No ), the Convention Concerning the Powers of Authorities and the Law Applicable in Respect of the Protection of Minors (Official Gazette, 2001, No ), the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (Official Gazette, 2003, No ), the Convention of the Civil Aspects of International Child Abduction (Official Gazette, 2002, No ), other international treaties of the Republic of Lithuania, Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000 (OJ Special edition 2004, Chapter 19, Volume 6, Page 243), as last amended by Council Regulation (EC) No. 2116/2004 of 2 December 2004 (OJ 2004 L 367, p. 1), the Law on Fundamentals of Protection of the Rights of the Child of the Republic of Lithuania (Official Gazette, 1996, No ), other legislation and the Regulations of the State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labor (hereinafter referred to as the Regulations).

2 2 4. The Service is a public legal entity, which has its bank accounts, its seal bearing the National Emblem of Lithuania, and the name of the Service. The head office of the Service is located at A. Vivulskio g. 13, Vilnius. 5. The Service is a budgetary institution, maintained from the state budget of the Republic of Lithuania and other state financial funds, for which the funds are allocated and administered in the manner prescribed by the Law on the State Budget Structure (Official Gazette, 1990, No ; 2004, No. 4-47). Such other funds, collected in the manner prescribed by legal acts, can also be used to finance the Service. 6. The rights and duties of the owner of the Service (except the adoption of decisions on reorganization and dissolution of the Service as well as amendments to the Regulations) are implemented by the Ministry of Social Security and Labor. It controls the activities of the Service as well as resolves such other matters, attributed to the powers of the institution implementing the rights and duties of the owner, as laid down in the laws and other legal acts. The Regulations of the Service are approved and amended in the manner prescribed by legal acts by the Government of the Republic of Lithuania. II. OBJECTIVES AND FUNCTIONS OF THE SERVICE 7. The objective of activities of the Service is to ensure the child rights protection within the scope of its powers. 8. The Service shall: 8.1. with the view of the objective, specified by the Regulations: within the scope of its powers coordinate the activities of departments, offices, services of child rights protection under the municipality administrations (hereinafter referred to as the Municipal Child Rights Protection Departments), summarize and analyze the statistics of the activities of the Municipal Child Rights Protection Departments; provide the Municipal Child Rights Protection Departments with methodical assistance while implementing the measures for the protection of children s rights and organizing the adoption in the municipal territories; in the manner prescribed by legal acts organize the meetings of the Municipal Child Rights Protection Departments, foster homes, and such other institutions operating in the field of child rights protection; elaborate the surveys of solution of the matters in connection to the child rights protection and frame uniform work practice of the Municipal Child Rights Protection Departments; in the manner prescribed by legal acts solve the matters in connection to placement of a child a national of the Republic of Lithuania, who became deprived of parental care abroad, and (or) implementation of duties of his parents abroad, or placement of a child a national of a foreign state, who became deprived of parental care in Lithuania, and (or) implementation of duties of his parents in Lithuania;

3 in the manner prescribed by legal acts protect the rights and legal interests of a child before the court; at the municipality administrations request, give recommendations on the implementation of the measures for the protection of children s rights; keep record of the children, who are placed under the guardianship of the children s social care institutions, the rights and duties of the owner whereof are implemented by the Ministry of Social Security and Labor, organize referral of the children to such institutions, and perform the supervision of referrals; in the manner prescribed by legal acts take part in the activities of councils, commissions, and working groups related to the child rights protection; organize the adoption to the citizens of the Republic of Lithuania and to foreign nationals in the Republic of Lithuania; take decisions on the authorization of foreign authorities in respect of intercountry adoption in the Republic of Lithuania; give authorization to a legal entity to perform the program for the children placed under the guardianship of institutions to visit a foreign country; compile, analyze, and protect the information on adoption, children, previously permanent residents of the Republic of Lithuania, who have been adopted by the nationals of the Republic of Lithuania and by foreign nationals, children, who are the nationals of the Republic of Lithuania and who permanently reside abroad, children, who are not the nationals of the Republic of Lithuania, but who permanently reside in the Republic of Lithuania and are in need of personal protection or of protection of their property, children, taken away in violation of the rights of guardianship, children, who are not the nationals of the Republic of Lithuania, but who are placed under the guardianship in Lithuania, children, who are the nationals of the Republic of Lithuania and who become deprived of parental care abroad, and children, who are considered to be placed in the Republic of Lithuania; organize training and certification of specialists, who perform the assessment of the readiness of guardians (curators) and adoptive parents to provide guardianship (curatorship) or to adopt; within the scope of its powers provide the Ministry of Social Security and Labor with proposals for the improvement of legal acts on child rights protection and adoption matters; 8.2. as well as perform the following functions: cooperate with public and municipal authorities and institutions, nongovernmental organizations, as well as foreign central authorities or their accredited institutions in the field of children s rights protection and adoption; within the scope of its powers in the manner prescribed by legal acts coordinate the provision of free assistance by children help phone; within the scope of its powers collect from the Municipal Child Rights Protection Departments, public authorities and institutions the information, specified under Clause 6 of the List of statistical information on children indicators, approved by the

4 4 Resolution No. 695 of the Government of the Republic of Lithuania of 8 June 2004 (Official Gazette, 2004, No ), as well as organize, analyze, summarize, and present the same to the Ministry of Social Security and Labor as well as such other public and municipal authorities and institutions on an annual basis; within the scope of its powers analyze the notifications, applications, and complaints, submitted by natural persons and legal entities, as well as assume necessary measures in order to resolve relevant issues; inform the society of the activities of the Service; perform such other functions, prescribed by legislation. III. RIGHTS OF THE SERVICE 9. While implementing the objectives of activities and performing the functions, attributed to the scope of powers, the Service shall be entitled to: 9.1. obtain information from public and municipal authorities and institutions, nongovernmental organizations and the central authority or its accredited institutions of the receiving foreign states on the matters, attributed to the scope of powers thereof; 9.2. visit the Municipal Child Rights Protection Departments, households, and social care institutions for children; 9.3. use the assistance of the representatives of public and municipal authorities and institutions as well as non-governmental organizations subject to coordination of the same with their executives for the analysis of problems to be dealt with; 9.4. get acquainted with the material of the permanent guardianship (curatorship) or adoption cases examined in courts within the scope of powers; 9.5. organize conferences, seminars, and other events within the scope of powers; 9.6. obtain sponsorship as provided by the Law on Charity and Sponsorship of the Republic of Lithuania (Official Gazette, 1993, No ; 2000, No ); 9.7. exercise other rights as provided by legal acts. IV. ORGANIZATION OF ACTIVITIES OF THE SERVICE 10. The activities of the Service shall be organized pursuant to the annual plan of activities, approved by the Minister of Social Security and Labor. The performance of the annual plan of activities shall be assessed by the Internal Audit Department of the Ministry of Social Security and Labor. 11. The activities of the Service shall be governed by the Service s work regulation, internal rules, regulations of subdivisions of the administration, as well as job descriptions of civil servants and employees, who work under employment contracts. 12. The Minister of Social Security and Labor shall approved the structure of the Service.

5 5 13. The activities of the Service shall be managed by the director to be appointed for the period of office of 4 years and dismissed by the Minster of Social Security and Labor following the procedure, established by the Law on Civil Service of the Republic of Lithuania (Official Gazette, 1999, No ; 2002, No ) (on the basis of non-political (personal) trust). The director of the Service can be appointed to serve as the manager (director) of the Service for maximum 2 successive periods of office. The director of the Service shall be immediately subordinate and accountable to the Minister of Social Security and Labor. 14. The director of the Service shall: within the scope of his/her powers adopt the orders as well as organize and control their implementation; organize the activities of the Service in order to implement the objectives of activities and functions, assigned to the Service; ensure the compliance with the laws, other legal acts, and Regulations; within the scope of powers enter into contracts for the implementation of the objectives of activities and performance of functions of the Service; send civil servants and employees of the Service, who work under employment contracts, on business trips to carry out service assignments; approve: job descriptions of civil servants and employees of the Service, who work under employment contracts, without exceeding the funds allotted for wages and maximum allowable number of positions of civil servants and employees, who work under employment contracts, approved for the Service; the Service s work regulation, internal rules, regulations of subdivisions of the administration, as well as job descriptions of civil servants and employees, who work under employment contracts; in the manner prescribed by legal acts employ and dismiss civil servants and employees of the Service, who work under employment contracts; in the manner prescribed by legal acts provide incentives to civil servants and employees of the Service, who work under employment contracts, impose in-service or disciplinary penalties on them, and award allowances to them; have control of the funds of the Service and perform relevant financial transactions, sign cashier s cheques, powers of attorney, as well as such other documents; ensure the elaboration of the draft annual plan of activities of the Service and present the same to the Minister of Social Security and Labor for approval; in the manner prescribed by legal acts of the Republic of Lithuania represent the Service before public and municipal authorities and institutions as well as in relations with other national or foreign natural persons and legal entities; ensure rational and economical use of funds and property, efficient development of the internal control system of the Service, as well as operation and improvement thereof;

6 guarantee the accuracy of the compendiums of reports and statistical reports, submitted in accordance with the Law on the Public Sector Accountability of the Republic of Lithuania (Official Gazette, 2007, No ); perform other functions prescribed by legislation. 15. Deputy(-ies) of the director of the Service shall be employed and dismissed by the director of the Service in the manner prescribed by the Law on Public Service of the Republic of Lithuania. Deputies of the director of the Service shall be immediately subordinate and accountable to the director of the Service. 16. Deputy(-ies) of the director of the Service shall: coordinate and control the implementation of objectives of activities and performance of functions, assigned to the Service as per the areas of administration, established by the director of the Service; assist the director of the Service in formation and implementation of strategic objectives of the Service; perform other functions prescribed by the orders of the director of the Service and other legislation. 17. If the director of the Service is absent (in case of sickness, leave, business trip, and such other cases), his functions shall be performed by the deputy director of the Service. V. INTERNAL ADMINISTRATION CONTROL OF THE SERVICE 18. Accounting and financial statement of the Service shall be organized in the manner prescribed by legal acts. 19. The Internal Audit Unit of the Ministry of Social Security and Labor shall perform the internal audit of the Service in the manner prescribed by legal acts. 20. The National Audit Office of the Republic of Lithuania shall perform the state (financial (legitimate) and operating) audit of the Service. 21. The financial control of the Service shall be performed in the manner prescribed by the director of the Service. 22. Control of the implementation of the annual plan of activities of the Service shall be performed by the director of the Service. VI. FINAL PROVISIONS acts. 23. The Service can be reorganized and dissolved in the manner prescribed by legal