The hungarian child protection system. Some questions relating to funding

AutorBarbara Katalin Herke-Fábos
Páginas153-168

Page 153

Some questions relating to funding

It is a fundamental duty of every society to ensure the most effective protection for the future generation –children– by using the available instruments.

In the approximately one hundred years that have passed, the conceptual scope of child protection has widened significantly and today it means –as a part of social administration– not only state protection for a child endangered for some reason, but also enshrining the rights of all children in law and enforcing those rights by instruments of the State1.

The Hungarian child protection system consists of three subsystems, which are the following: financial and in-kind provisions; basic child welfare services and specialized child protection services providing personal care; and authority measures2.

Page 154

The international practice of child protection has clearly shown that state child policy functions well where, although child protection has its own statutory regulation, basic principle and system, it organically fits into child welfare, social and family policies3.

The general rules and system of child protection in Hungary are laid down by Act XXXI of 1997 on the Protection of Children and the Administration of Guardianship (hereinafter: Child Protection Act). The Act aims to establish fundamental rules by which it is possible to enforce the rights granted by the law to children –through the coordinated involvement of state, local government and social bodies– in order to realize balanced development of the child in the family, proper substitution for lack of care and social integration of the young adult leaving the care of child protection services4.

1. The notion of child protection in Hungary

Pursuant to Section 14 (1) of the Child Protection Act, the protection of children constitutes an activity aimed at promoting the growing up of children in a family environment, the prevention and elimination of their endangerment, and ensuring substitute protection for children leaving the care of parents or other relatives.

In Hungarian and international legal academic literature several criteria may be encountered for the classification of child protection. It is possible to distinguish between child protection taken in a broad and a narrow sense; there may be a division into general and special child protection based on the purpose of child protection, or a division into regional and institutional child protection based on the participants.

From the aspect of legal theory, the notion defined by the Child Protection Act taxonomically belongs under the notion of child protection taken in a broad sense, having regard to the fact that it defines the frames of a general care system enhancing equal opportunities for all children in need. The title of the Act suggests that the protection of children is not merely protection provided by the authorities –special child protection–, but a uniform system of care services and measures ensuring the development of children living in a family or removed from their family.

Page 155

Child protection has value content. The Child Protection Act has defined as its aim to establish child protection taken in a broad sense, namely, the frames of a general care system enhancing equal opportunities for all children in need5.

The first pillar of child protection is constituted by financial and in kind provisions, the types of which are specified in §15 (1) of the Child Protection Act. These provisions are the following: regular child protection allowance, children’s meals, advancement of child maintenance, and housing assistance.

The second pillar is formed of basic child welfare services and specialized child protection services. Basic child welfare services ensured under § 15 (2) of the Child Protection Act include the child welfare service, day-time care of children and temporary care of children (Their subtypes are specified in Chapter VI of the Child Protection Act).

Specialized child protection services are presented by §15 (3) of the Child Protection Act and include providing a home, aftercare service and regional specialized child protection services.

The third pillar is constituted by authority measures adopted in an administrative procedure that form part of child protection care. Section 15 (4) of the Child Protection Act enumerates the following authority measures: establishing disadvantaged and multiply disadvantaged status; taking the child into protection; placement with a host family; temporary placement; taking the child into foster care; foster custody; aftercare order; aftercare service order, preventive supervision order.

The child protection system is also made up of correctional institutional care for children placed in a correctional institution or in preliminary detention. However, this type of care is regulated not by the Child Protection Act, but a separate Act.

2. Financial and in-kind provisions

The system is made up of the regular child protection allowance determined by the notary of the local government6, children’s meals7, housing

Page 156

assistance coming under the competence and authority of the guardianship authority and advancement of child maintenance8.

The notary of the local government will establish that the child or young adult is eligible for regular child protection allowance if he or she is indigent. The total funding for the advancement of child maintenance and the housing assistance is covered by the central budget in the form of advance payment9.

2.1. Regular child protection allowance

Establishing eligibility for regular child protection allowance is aimed at verifying that based on his or her social circumstances the child is eligible to receive free or subsidized institutional meals and –on meeting the criteria contained in the Child Protection Act– also holiday meals, defined in-kind assistance and other allowances10.

2.2. Housing assistance

The housing assistance is intended to help the young adult leaving foster care to obtain a home and find permanent housing11.

2.3. Advancement of child maintenance

The advancement of child maintenance is applicable where the payment of child maintenance has already been ordered in a final and binding judgment by the court or a judgment has been delivered by a foreign court or other authority that is enforceable, based on an international agreement or on the basis of reciprocity, for the benefit of a child resident in Hungary, and collecting the amount of the child maintenance is temporarily impossible, furthermore, the parent or other legal guardian having the care of the child cannot provide the required support for the child, provided that the monthly average income per capita of the family having the care of the child is less than twice the amount of the minimum old age pension12.

Page 157

3. Personal care services

Personal care services can be divided into two groups. The system comprises basic child welfare services and specialized child protection services.

These services directly concern the child’s person and freedom of movement where –although only temporarily– the child no longer spends all the time with his or her family13.

Institutions providing personal care may be maintained by the State – more specifically, the local government or the General Directorate of Social Affairs and Child Protection (hereinafter: General Directorate)–, the Church or non-state organizations. The General Directorate is a central budgetary organ under the supervision of the minister in charge of social and pension policy (Minister of Human Capacities) functioning as a central office, which consists of a central organ and representations in the counties and the capital operating as the General Directorate. The responsibilities and competences of the General Directorate are defined in Government Decree No. 316/2012.
(XI.13.) Korm.14 Local governments obligated to ensure personal care may perform their tasks themselves or as laid down in the Child Protection Act, through concluding agreements with other organs or persons for the provision of services or in association with others. Personal care provision services or certain well-defined and distinct tasks –except for regional specialized child protection services– may be ensured by the local government or the General Directorate of Social Affairs and Child Protection also by way of an agreement for the provision of services concluded with a state, church or non-state maintainer15.

Local governments have fundamental duties relating to the perception, prevention and tackling of problems arising in society. Act CLXXXIX of 2011 on Local Governments in Hungary (hereinafter: HLGA), local public affairs are basically connected with the provision of public services for the population, and the establishment of the organizational, personnel and material conditions of local governance and cooperation with the population. Pursuant to §10 (1) of the HLGA, the local government shall assume both mandatory duties and competences laid down by the Act and duties and competences...

Para continuar leyendo

Solicita tu prueba

VLEX utiliza cookies de inicio de sesión para aportarte una mejor experiencia de navegación. Si haces click en 'Aceptar' o continúas navegando por esta web consideramos que aceptas nuestra política de cookies. ACEPTAR