Return to foster parents the little boy who was wrongfully divorced

Source: 168ora.hu

Publication date: 20 November 2019

NOVEMBER 20, 2019 12:00 - BY VERONIKA BÍRÓ

While there are numerous investigations into the matter, the Pest County Government Office, following a proposal from the Ministry of Human Resources, initiated the adoption of a foreigner and placed the boy in compulsory care for a foreign person.

The little boy who was unlawfully divorced from a married couple by a decision by the Attorney General's Office and the Government must be returned to his parents. While the case is under investigation and the child's temporary custody has not been finalized, the Pest County Government Office, on a proposal from the Ministry of Human Resources, has begun foreign adoption and placed him in compulsory custody of a foreign person, the 168 learned.

Our portal reported that a two-and-a-half-year-old boy was divorced from foster parents last year without immediate notice. Lacika was raised by a couple, Eve and Andras, from the age of nine, in March 2016. The names have been changed.

June 14, 2019

They unlawfully took a little boy from his foster parents and didn't tell me why

The baby boy was admitted by the guardianship authority last February. On March 2, 2018, the couple applied in writing to the County Child Protection Center and District Child Protection Service (Teszesz) of their place of residence, asking them to examine their suitability for adoption because they would like to adopt Lacika. Their request was forwarded to the Pest County Tribunal because the child's address was that of the specialized service. The foster parents claim that their application was ignored.

Later, the Pest County Dabasi District Office, as the guardianship authority for education, immediately changed the place of care of the child on September 21, 2018. The proposal was made by PM Tegyesz and the decision obliged the foster parents to hand over the child without giving any substantiated reasons. The screaming, crying, crying Lacika was taken away that night.

The foster parents appealed and eventually went to court. Meanwhile, the Pest County Prosecutor's Office took a decision on the case in February this year and found a number of irregularities in the procedure. He found that the guardianship decision had been made without the necessary clarification of the facts.

October 30, 2019

The third investigation has been launched for the Pest County Child Protection Service

After numerous investigations, appeals and complaints, the Szentendre District Office of the Pest County Government Office, designated for the proceedings, decided at the end of the reopened first instance procedure in October this year.

He rejected PM Tegyesz's placement proposal and stated that the baby boy was to be cared for on November 20, 2019 by Eva's household.

According to the decision of the guardianship authority in Szentendre, expert examinations revealed that Eva was too attached to the baby boy, which would have made it impossible for the adoption process to be adopted, so it was necessary to change the place of care. However, the circumstances did not exhaust the change in the immediate care site without any preparation, which had a severe traumatic effect on the child.

Our picture is illustration

Photo: Pixabay

It is clear from this decision that, in a letter dated 4 September 2019, the Central Authority of the Department of Child Resources and Guardianship (KH) of the Ministry of Human Resources stated that " . The law only allows international adoption if there is evidence that the child has not been adopted domestically. Lacika is on the international registry list.

The Patronage and Justice Department of the Szentendre District Office of the PMK, also a guardianship authority for adoption matters, dated September 10, 2019, following Emmi's suggestion, and finally decided to place the child in compulsory custody as part of a procedure to allow secret adoption. This means that Lacika was taken to a foreign couple for pre-adoption care.

They must spend this mandatory care period (30 days) domestically while they are getting to know the child. The adopters withdrew their application on September 23 this year because they had nothing to do with Lacika's behavior or outbursts of anger. The guardianship authority terminated the adoption procedure that day.

The kidnapping of the baby boy has begun despite the fact that his case has been the subject of numerous investigations and his temporary care has not been resolved. Emmi described that Lacika's adoption in Hungary did not result in Eva and Andras sending their first letter of complaint to the ministry on August 22, 2018, that their application had disappeared and they had not been informed of the matter. And on December 21, 2018, they wrote to PM Tegyes that they continue to maintain their adoption intentions, which they filed in March.

An anonymous expert familiar with the field of child protection explained the background to the 168 Hours inquiries. He said the review of the highlight should not hinder the search for a child who could be adopted. The foster parent did not enter into an agreement with her manager to raise Lacika, but to raise a child. It must be independent from this that the child can be adopted. This means that Gyvt. Pursuant to Article 7 (1) and (2), the aim is to return the blood to the family first, secondly to adoption, and only then comes the foster care and then the orphanage.

The couple had also previously turned to the Ombudsman. A report by the Commissioner for Fundamental Rights last October stressed that a foster parent does not have the advantage of adopting a child with him or her, the child should be taken into the family and not vice versa. He stated that he would also fundamentally shake the foster parent system so that persons applying for adoption as a foster parent would not remain in the system after the adoption.

The training of foster parents also focuses on bringing the child back to their blood family or adopting it to an adoptive family as needed. Many queue up for adoption, for a small child, and the foster parent would benefit if he or she had the child. By law, all children must be foster parents by the age of 0-3. Taking all children of this age with the foster parents will virtually skim the adoption opportunity and will not have a place for new children entering the system.

Our picture is illustration

Photo: Pixabay

However, the law does not exclude the possibility of a foster parent adopting a child raised with him or her. Despite this, the couple did not receive a timely response, as the Attorney General's Office stated, on the way to adopt Lacika.

If a person wishes to adopt a child, Tegyesz will conduct an environmental study and conduct a psychological examination to determine the applicant's suitability. If all goes well, the applicant completes the adoption course. If the Affidavit determines the candidate's eligibility, it will send the proposal to the guardianship authority. If the guardianship authority determines it, they return to the Order by a final decision, where they are registered. The register of adopted children is compared with that of adoptive children. They look at which family is best for that child. Adoption Services search first on the county list, then nationally, then on the international list.

Emmi was able to declare on September 4 that no one was able to adopt a child at home because Eve was not approved for adoption until September 12, 2019. Their adoption capacity was determined in February 2019, and on June 3, 2019, County Tegyesz forwarded their file to the competent district office, but only after 90 days had the final decision been made.

According to Andras, since this is a targeted child who belongs to PM Tegyesz, they should have examined their suitability for that child. But they never got there. Finally, they were investigated by another county department competent for their place of residence, and in September the guardianship authority finally determined their eligibility for adoption. According to them, it was said orally that they could not have this child, but they have still not received a negative decision. An application for adoption can be approved or rejected by the guardianship authority. Eva was never examined for Lacika, but the authority said the baby could not be adopted in Hungary. They feel this is why they and the boy are being discriminated against.

The parent's employer, the foster parent network and Tegyesz, were rigidly excluded from adopting the child by the foster parent. Until the law precluded foster parents from adopting, the two institutions did so, ie they applied stricter conditions than those required by law.

According to a specialist who reports to our portal, if this is not the case, the parents will receive and receive the appropriate information in due course, and Éva is expected to adopt the child. This would have prevented the child being removed from the family and being adopted abroad. The child's right to permanence would not have been violated either, and the Civil Code is fulfilled. 4: 120th (3), which provides that

'Continuity in the education of the child, with particular regard to the child's family, nationality, religion, mother tongue and cultural roots, shall be sought during the adoption process'.

On September 17, a hearing was held with the guardianship authority, where besides the foster parents, the special guard, the guardian, was present to decide which foster parent the baby boy would be placed in. By that time, the adoption of the child abroad had begun, and it had been given to the foreign applicant for care seven days ago.

The boy was traumatized last year by his separation, then temporarily extradited from his current environment to a foreign person and then returned again. Lacika is now three and a half years old and is being pulled back from her familiar surroundings. They were not allowed to keep in touch for a year, and for the time being, they did not know that the meeting would take place after one year. The boy will be returned on Wednesday, but will continue to fight to adopt him.

Our questions were sent to Emmi KH, PM Tegyes and the Pest County Government Office. Only the latter received an answer. According to the PMK, 'it shall act in accordance with the laws in force, with particular regard to the rights of the child'. According to the Office, the disclosure of any information in the course of the proceedings would be a serious violation of the privacy rights of minors and should not be disclosed in the case in order to protect the privacy of children.

Countries: Hungary