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The Sejm has adopted an amendment to the Act on family support and the foster care system

15.09.2022

The amendment addresses the needs of foster families and is aimed at protecting the best interest of children who are deprived of care by biological parents. These are long-awaited changes. I am glad that the amendment has been adopted by the Sejm – says the Minister of Family and Social Policy, Marlena Maląg.

The Sejm has adopted an amendment to the Act on family support and the foster care system

The Act on family support and the foster care system has been in force since 2012. Despite the positive changes which have already taken place in the foster care system since the entry of this Act into force, certain processes required improvement.

Higher remunerations for foster families

This is one of the fundamental changes. The remuneration for a professional foster family and a person running the family children’s home will increase significantly from the amount not lower than PLN 2,168.76 to the amount not lower than PLN 4,100 per month. On the other hand, in case of families acting as an emergency family shelter - from the amount not lower than PLN 2,819.39 to the amount not lower than PLN 5,084. Remunerations will be indexed according to the inflation rate.

Prohibition to create new children’s homes

The creation of new children’s homes will be possible, in principle, only in exceptional cases, with the consent of the voivode and after consulting the Ombudsman for Children’s Rights.

Simplified procedures

A central register of foster care will be kept. The system will collect a complete set of data in one place which will help, inter alia, find free places for children throughout the country in a faster and easier manner. The register will facilitate the work of family courts, as well as of organisers of foster care.

Unlocking free places in family foster care

Starosts, apart from the designated limit, will not be allowed to refuse to admit children from outside their district to foster families and family children’s homes.

Leave for adoptive parents

Significant changes have been made with regard to the right to paternity leave, leave on the terms of maternity leave and parental leave granted to an employee who took a child into custody and applied to the guardianship court for initiating the adoption procedure.

As a general rule, these rights have been extended until a child reaches the age of 14. In the current legal system, they are generally granted until a child turns 7 years old or, in exceptional situations, 10 years old.

Support for adult foster children

The income criterion of PLN 1,200 applicable in case of granting of aid for becoming independent and aid for relocation of persons who are to become independent (i.e. those leaving their foster family placement after having reached the age of majority) has been abandoned. This criterion has often delayed a decision on taking up the first job.

The expected regulation is the possibility to remain in the existing form of foster care placement for persons with a high or moderate degree of disability without the need to meet concurrently the requirement to learn. Also, the possibility of a one-off return of a person, who has already left their foster care placement after having reached the age of majority, to an existing foster family or institution has been introduced. This is an opportunity for those who have made an attempt to live independently too early.

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