Institution Of Maternal Assistance As A Child Protection Measure

AuthorLaura Cetean-Voiculescu
Pages158-166
INSTITUTION OF MATERNAL ASSISTANCE AS A CHILD PROTECTION
MEASURE
Associate professor Laura CETEAN-VOICULESCU1
Abstract
This study seeks to analyze special measures for the protection of the child in difficulty (placement and placement
in an emergency) in the form of a nursing assistant. The institution of maternity care has grown in recent years, surpassing
by far the other alternative protection measures. The critical analysis of the legislation, the theoretical and practical
characterization of the measure, the formulation of conclusions and proposals in the field were followed. Issues such as
place of maternal care in all alternative child protection measures, categories of special measures determining protection
through a professional nursing assistant, individual protection plan and priority order o f measures related to the child,
duration of the measure, authorities with attributions in domain, the child - a qualitatively active subject of the legal
protection relationships that concern him/her, categories of children who can benefit from the placement measure,
including a nursing assistant, monitoring the application of special protection measures, categories o f services for
achieving special protection, rights and obligations the professional nursing assistant, as pects of judicial practice and
conclusions.
Keywords: protection of the child, special protection measures, professional nu rsing assistant, family type
service, placement, emergency placement.
JEL Classification: K36
1. Introduction: regulation, proximity and specific difference
The maternity assistance is part, according to the Law on the Protection and Promotion of the
Rights of the Child no. 272/2004, in the category of alternative protection measures, namely the
measure of the placement.
The child has the right to know their parents and be cared for, grown and educated by them.
Therefore, the first measure that will be taken by state authorities to protect and promote the rights of
the child will be the reintegration into the family. If this is not a desirable task to be achieved, for
various reasons, an alternative measure for the protection of the child in difficulty in the meaning of
a child who is not protected by at least one of parents.
Any child who is temporarily or permanently deprived of the protection of his or her parents
or who, in order to protect his or her interests, can not be left to their care is entitled to alternative
protection consisting of: establishment of guardianship, special protection measures2 regulated by the
Law no. 272/20043, adoption regulated by Law no. 273/2004. In choosing one of these solutions, the
competent authority will duly take into account the need to ensure a certain continuity in the education
of the child, as well as its ethnic, religious, cultural and linguistic origin.
The distinction between alternative protection and special protection is that from general to
particular.
Alternative protection consists of all three categories (guardianship, special protection and
adoption).
The special protection of a child temporarily or permanently deprived of the protection of his
or her parents/parent can be defined as the total of measures, services and services intended for the
care and development of the child, temporarily or permanently deprived of the protection of his or
her parents, it can not be left to their care.
1 Laura Cetean-Voiculescu - „1 Decembrie 1918” University of Alba-Iulia, Romania, lauravoiculescu@yahoo.com.
2 For more details on child protection in difficulty see Laura Cetean-Voiculescu, Dreptul familiei, Hamangiu Publishing House,
Bucharest, 2012, p. 120 et seq.
3 The Law on the Protection and Promotion of the Rights of the Child, republished in the Official Gazette no. 159/5 March 2014,
amended and supplemented by a series of normative acts, the last being Law no. 52/2016 published in the Official Gazette no. 253/5
April 2016.

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