5_4 OSPOD AND SOCIAL AND LEGAL PROTECTION OF CHILDREN IN THE CZECH REPUBLIC

OSPOD is an acronym for Orgán (or Odbor) sociálně-právní ochrany dětí, the Authority of Social and Legal Protection of Children. It is a state agency responsible for overseeing that no child suffers psychologically or physically and can develop in a healthy way. OSPOD is actively involved in protection of children who are identified as being at risk. They are children who lost their parents or their parents can´t take proper care of them from various reasons (this also applies to unaccompanied migrant minors), children whose parents do not fullfil their legal parental obligations, children living in institutional care or foster care, children who are victims of violence, neglect, abuse or children who suffer from addiction. Part of OSPOD are also youth probation officers who work with juvenile delinquents. OSPOD has jurisdiction over all minors living on the territorry of the Czech Republic. Specific tasks of child protection are carried out by OSPOD at the local Municipality. All contacts are available on the Municipality website. If members of a family do not speak Czech, OSPOD should provide interpreting services free of charge.

Anyone, who feels that a child might be at risk, should contact OSPOD. If you repeatedly notice signs of violence or long-term neglect, if you know a child that is hungry, dirty or traumatized, you should report this to OSPOD. Everybody has a duty to report a crime in case they learn that the rights of a child were seriously violated, for example by abuse or maltreatment. If a person who learns about such serious acts against children fails to report them to OSPOD or to the Police, they themselves are breaking the law. Schools also have a duty to report to OSPOD if a child has a lot of unexcused absences, or frequent absences where there is a suspicion that the parents neglect the child´s mandatory education. It is possible to report someone anonymously. Children can also contact OSPOD.

OSPOD is obliged to investigate any report of a child at risk. They interview the parents, school staff and the child and make visitation in the child’s home to see if basic hygiene standards are met and if the child has a space to study and sleep. OSPOD then initiates cooperation with the child’s legal guardians and monitors the situation. OSPOD social workers are entitled to speak with children in the absence of their parents.

OSPOD can also recommend to legal guardians other services and assistance of professionals such as therapists, medical doctors and other specialists (child psychologists etc.), social services for families and also leisure time activities etc. If the situation requires it, OSPOD may oblige the legal guardians to use such services. OSPOD together with the parents and possibly with the help of other actors prepare a plan of the child’s protection and regularly evaluate its implementation. This is the reason why OSPOD requests regular reports from specialists and organizations working with the child. Except for specific cases, legal guardians have the right to access their case file in OSPOD.

Parents are obliged to cooperate with OSPOD, attend all meetings with OSPOD or with teachers and other professionals. In extreme cases, when a child is in immediate danger or when all other arrangments and agreed actions fail, OSPOD can file a motion in court for the child to be removed from the family. The court can remove the child immediately by issuing an emergency ruling. After that, the situtation is reviewed by court which can decide to remove the child from the family for a longer period of time. Such decision is regularly reviewed while OSPOD, if the situation allows it, keeps on working with the parents so that they meet set conditions and the child can eventually return to the family.

The main purpose of OSPOD is to solve difficult situation of children and their families and help legal guardians create conditions where children will be safe and at peace, able to develop in healthy way and get education. OSPOD can help improve problematic communication between the school and the parents. If the problems have roots in bad financial situation or lack of decent accommodation, OSPOD can help solve these problems, assist the parents with getting financial aid for housing, food, school supplies, find suitable accommodation or social services that will help families improve their communication and relationships. OSPOD, by its nature, should primarily be a helping authority whose main purpose is to improve situation of children at risk and communication in families.

The most important piece of legislation guiding OSPOD is the Act on Social and Legal Protection of Children (359/1999 Sb.)

 

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