| Abstract [eng] |
The relevance of this study. The institute for the care of minors is receiving a great deal of attention nationally, as the state’s priority is the growth of the child in the family. According to the report on the activities of the Adoption Rights Protection Authority in 2021, is noted that in 2021 the number of children in guardianship in Lithuania was 963 of them in temporary guardianship 921 children, with a permanent population of 42 children indicating that the need for care is high. It is in the interest of the valet that children grow up in a family and the state initiative is undergoing a care reform aimed at abolishing institutional care homes and creating conditions for children to grow up in a family. The main problems. The article examines the issues in the context of guardianship. The most frequent reason for the loss of guardianship of a child is the alcoholism of the parents, neglect of the child an d violation of their interests, which is manifested in three different ways: 1. Failure to respect the principle of guardianship by separating brother and sister. 2. Transferring a child deprived of parental care to a health authority if no illnesses are detected. 3. A small number of guardianship due to low awareness. The following tasks: 1. Define the concept of child guardianship. 2. To analyse EU international and Lithuanian national legal acts regulating child guardianship. 3. Identify case law on the legal regulation of the child guardianship. The aim of this work: to analyse the aspects of the legal regulation of the institution of child guardianship to ensure the best interests of the child. The paper concluded: The analysis of national legal acts and case law has shown that the Civil Code of the Republic of Lithuania must be applied in a mandatory manner when applying the principles the child guardianship. The novelty – In Lithuania, the Civil Code of the Republic of Lithuania is the main legal act regulating the institute of child guardianship, but the peculiarities of the principles of child guardianship are not clearly disclosed, as each situation depends on its own individual variant. The article analyses all the principles governing the custody of a minors with a view to highlighting the peculiarities of the custody institute and preventing violations of the child’s interests. As the result – In Lithuania, there are situations when a child is removed from parental care and transferred to health care institutions with the hope of finding a safe place for him/her quickly, but for a healthy child, this is not an appropriate solution, as the child’s best interests are at stake – a health care institution is not a home-like environment. The Civil Code of the Republic of Lithuania establishes the procedure for location fostering a child, and a health care institution is not a suitable place for fostering. It has been established that failure to respect the order of priority causes violations of the child’s best interests and causes severe stress for the child deprived of parental care. The used methodology the work applies the analysis of scientific literature, which helps to deepen the specifics of this institution, analyses the legal acts regulating the institute of custody, and analyses the case law related to the institute of child custody. |
