Process description
Information
The Orphan's Court shall decide on the transfer of a child to the care of another person.
1. Parents may transfer a child to the care of another person in Latvia for a period longer than three months, if the Orphan's Court of the Parents' Place of residence has recognised that the transfer of the child to the care of another person is in accordance with the interests of the child and the person will be able to take care of the child properly. The Orphan's Court, if necessary, shall request the opinion of the Orphan's Court of residence of such person regarding the ability of the relevant person to properly care for the child.
2. A guardian and a foster family may transfer the child to the care of another person for a period from one month to three months in Latvia, when the Orphan's Court, which has taken a decision regarding out-of-family care, has given an opinion that the transfer of the child to the care of another person conforms to the interests of the child and the person will be able to take care of the child properly. If necessary, the Orphan's Court shall request the opinion of the Orphan's Court of residence of such person regarding the ability of the relevant person to properly care for the child.
3. Parents may transfer a child to the care of another person in a foreign state for a period longer than three months, if the Orphan's Court of the Parents' Place of residence so agrees, and if this Orphan's Court has recognised that the transfer conforms to the interests of the child and the relevant person will be able to provide adequate care for the child.
A child under guardianship may be temporarily transferred to the care of another person in a foreign state if the child so wishes and if the guardian and Orphan's Court, which has taken a decision regarding the out-of-family care of the child, has recognised that the transfer is in accordance with the interests of the child and the person concerned will be able to take care of the child properly.
A child in a foster family who has reached the age of 12 years may be temporarily transferred to the care of another person in a foreign state if the child so wishes and if the child care institution or foster family and the Orphan's Court, which has taken a decision regarding the out-of-family care of the child, has recognised that the transfer conforms to the interests of the child and the relevant person will be able to care for the child.
In exceptional cases, a child in a foster family under 12 years of age may be temporarily transferred to the care of another person in a foreign state if the child is transferred in the care of another person in a foreign state with siblings, half-brothers and half-sisters, of which at least one has reached the age of 12.Service requests
The person must produce a personal identification document.
Required documents:
1. Transfer of a child who is in the care of the parents to the care of another person for a period longer than three months, in Latvia:
1.1. An application by the parent/parent with a request and justification for the need for the transfer of the child to the care of another person;
1.2. Documents supporting the references made in the application (copies showing the original);
1.3. Contact details of the person who wants to transfer the child.
2. Transfer of a child who is in custody or placed in a foster family to the care of another person for a period of one month to three months in Latvia:
2.1. A submission by a guardian/foster family with a request and justification for the need for the transfer of a child into the care of another person;
2.2. Documents supporting the references made in the application (copies showing the original);
2.3. Contact details of the person who wants to transfer the child.
3. Transfer of a child who is in the care of the parents or is in custody or placed in a foster family to the care of another person temporarily in a foreign state:
3.1. An application with a request and justification for the need for the transfer of a child to the care of another person;
3.2. Documents supporting the references made in the application (copies showing the original);
3.3. The opinion of the competent authority for the protection of the rights of children of the relevant State, which shall provide an invert of the suitability of the person and a statement that it will ensure a regular examination of the living conditions of the child transferred to care and shall provide the Orphan's Court with a report regarding the findings of each such examination. The referred to documents shall be submitted to the Orphan's Court, accompanied by a notarised translation thereof in Latvian.
The Orphan's Court shall, on its own initiative, request and compile the documents necessary in the case in order to ensure that the person will be able to take care of the child. The Orphan's Court shall evaluate whether the transfer of a child to the care of another person conforms to the interests of the child and whether the person will be able to provide adequate care for the child before the child is transferred to the care of another person. In order to evaluate the ability of a person to properly care for the child and to take a decision in the interests of the child, the Orphan's Court shall request information regarding the criminal records of the person, regarding the state of health of the person, from the psychiatrist and the narcologist regarding possible addictions, perform a verification of the conditions of life, ascertain the opinion of the child, etc.
The guardian and foster family shall agree with the person regarding the procedures by which the person shall be covered by expenses related to the child's nutrition.
The Orphan's Court of the place of residence of the parents shall inform the Orphan's Court of residence of the child transferred to the care of another person, which shall ensure a regular examination of the living conditions of the child transferred to the care of the relevant person.Receipt of services
The decision shall be taken at the meeting of the Orphan's Court and shall be notified to the parties.
The Orphan's Court shall draw up the decision in writing and send the transcript thereof to the participant in the administrative process within 10 working days after the taking of the decision. A true copy of the decision can also be received in person at the Riga Orphan's Court.
Similarly, a decision/reply can be sent to a person by post, to an e-mail address or to the electronically agreed portal for national and municipal services in www.latvija.gov.lv.