RESEARCH ON FOSTER FAMILY IN POLISH LEGAL SYSTEM

Authors

  • Karolina Walancik-Ryba Malopolska State University in Oświęcim

DOI:

https://doi.org/10.35774/app2019.04.214

Keywords:

family, foster family, child, foster care, parents

Abstract

The article “Research on foster family in Polish legal system” covers the issue of the child’s rights  to raise in the family in a situation where its “right / interest” is being threatened in the light of Polish legislation. This right is implemented in the Polish legal system, among the others through the institution of a foster family. The author analyzes functioning of this institution both on the basis of applicable legal provisions and in practice on the research carried out in court on the court files. It presents conclusions regarding the legislator's assumptions and their implementation in judicial practice.

References

Gudbrandsson , B. Children in care institutions: prevention of institutionalization and alternative forms of care in European countries. Government Agency for Child Protection, Iceland, p. 5 [in English].

Convention on the Rights of the Child adopted by the General Assembly of the United Nations on November 20, 1989. Journal of Laws, 1991, 120.526 [in Polish].

Art. 9 par. 1 of the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on November 20, 1989. Journal of Laws, 1991, 120.526) [in Polish].

Art. 3 of the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on November 20, 1989. Journal of Laws. 1991, 120.526) [in Polish].

Art. 39 of the Act of 9 June 2011 on supporting the family and foster care system. Dz.U., 2011, Nr. 149, poz. 887 [in Polish].

Act of 27 August 1997 on vocational and social rehabilitation and employment of disabled persons. Journal of Laws, 1997. No. 123 pos. 776, as amended [in Polish].

Art. 39 of the Act of 9 June 2011 on supporting the family and foster care system Dz.U. 2011, Nr. 149, poz. 887 [in Polish]; Andrzejewski, M. (2013). (in:) Andrzejewski M., Dolecki H., Haberko J., Lutkiewicz-Rucińska A., Olejniczak A., Sokołowski T., Sylwestrzak A., Zielonacki A., edited by Dolecki H., Sokołowski T. Family and Guardianship Code, Wolters Kluwer SA, Warsaw, p. 771 [in Polish].

Art. 93 of the Act of 9 June 2011 on supporting the family and foster care system Dz.U., 2011, Nr. 149, poz. 887 [in Polish].

Art. 20 par. 3 of the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on November 20, 1989. Journal of Laws, 1991, 120.526 [in Polish].

Art. 1122 of the Act of 23 April 1964 Civil Code [in Polish]; Act of 25 July 2014 amending the act on supporting the family and the foster care system as well as some other acts. Journal of Laws of 2014 item 1188 [in Polish].

Data from the statistical reports MS-S16r and MS-S18 for the years 2012-2014 (letter from the President of the District Court in Katowice Prez. 008-111 / 15 of 8 April 2015 [in Polish].

Regulation of the Minister of Justice of October 25, 2012 regarding the establishment of seats and areas of jurisdiction of appeal courts, regional courts and district courts. Journal of Laws of 2012, item 1223 [in Polish].

List of common courts of the Ministry of Justice. Retrieved from https://bip.ms.gov.pl/pl/rejestry-i-ewidencje/lista-sadow-pszechnych [in Polish].

Art. 80 of the Act of 9 June 2011 on supporting the family and foster care system. Dz.U. 2011, Nr. 149, poz. 887 [in Polish].

Justification for the draft act on family foster care. Seym Print No. 628, Seym of the Republic of Poland of the 6th term [in Polish].

Published

2020-04-04

Issue

Section

CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW.

How to Cite

Walancik-Ryba, Karolina. “RESEARCH ON FOSTER FAMILY IN POLISH LEGAL SYSTEM”. Actual Problems of Law, vol. 1, no. 4, Apr. 2020, pp. 214-7, https://doi.org/10.35774/app2019.04.214.

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