Consultation: How to...

09.05.2023

WHAT PENALTIES ARE FACED BY PARENTS WHO DO NOT SUPERVISE AND DO NOT ACCOMPANIE THEIR CHILDREN

Not infrequently, in recent years, information has appeared about night checks in discotheques, where minors or even minors are found. Reports immediately follow of parents being summoned and fined for not accompanying their children. It is an open secret that in thousands and even tens of thousands of cases, parents leave their children unsupervised or unaccompanied in cases where the law mandates that this be done. And although very often this leaves no consequence, it is good to know the rules and the danger of taking responsibility and sanctioning.

A special Child Protection Law has been in force in Bulgaria for several years. During this period, it already has more than 20 amendments and additions, but it is definitely becoming more and more commonly used. Something more. Children can now often be heard telling their parents that they will "give them to child welfare" if they don't listen to them or if they scold them. All kidding aside, however, it should definitely be pointed out that there are really a lot of rules in the law that really aren't known very much.

In the Child Protection Act, it is explicitly noted that child protection is carried out through certain bodies. Such are, for example, the chairman of the State Agency for Child Protection and the administration that supports him in the exercise of his powers. The ministers of labor and social policy, of internal affairs, of education and science, of justice, of foreign affairs, of culture, of health care and mayors of municipalities are also such bodies. The most frequently used and those who are on the front line, however, are the "Social Assistance" directorates.

The law specifies the rights and obligations of parents, guardians, custodians or other persons who take care of a child. The rights are few and quite generally written. Thus, the law states that "any parent, guardian, custodian or other person who takes care of a child may request and receive assistance from the authorities under this law." They also have the right to be informed and consulted about all measures and actions taken under this law and can request a change in the measures if the circumstances change.

At the same time, however, there are many responsibilities for parents, guardians, custodians or other persons caring for a child. For example, they are obliged to accompany the child in public places after 20:00 if the child has not reached the age of 14, respectively after 22:00 if the child has reached the age of 14 but not reached the age of 18 years old. If everyone who is assigned to take care of a child cannot accompany him, they are obliged to provide an adult with legal capacity to accompany him in public places after 10:00 p.m. if the child has reached the age of 14, but is under the age of 18. Certification of the quality of the child's companion takes place in accordance with the procedure determined by an ordinance dedicated to the specialized protection of children in public places.

In addition, parents, guardians or other persons who take care of a child are obliged to implement the measures taken under this law and to assist in the implementation of child protection activities, the Child Protection Law provides. They are obliged not to leave children under the age of 12 without supervision and care, "if this creates a danger for their physical, mental and moral development". Definitely too stretchy a norm.

Anyone caring for a child also has a duty to prevent the child from participating in advertisements or other forms of commercial communication for genetically modified foods. They must not in any way allow the participation of children in programs within the meaning of the Law on Radio and Television, which are unfavorable or create a danger of damage to their physical, mental, moral and/or social development.

The Child Protection Act also provides for considerable fines for non-compliance with these obligations. For example, a parent, guardian, custodian or other person who violates the rule that he must accompany or at least provide a companion during the hours specified above, is "punished with a fine or a pecuniary sanction of BGN 300 to BGN 500, and in case of repeated violation - with a fine or a pecuniary sanction of BGN 500 to BGN 1,000." Whoever, in violation of the law, leaves without supervision and sufficient care a child under the age of 12, for whom he is taking care, thereby creating a danger for his physical, mental and moral development, shall be punished with a fine of BGN 1,000 to BGN 2,000 for the first offense, and in the event of a repeated violation - with a fine of 2,000 to 5,000 BGN. And that, if it is not subject to a more severe administrative penalty under a special law or the act does not constitute a crime.

A parent, guardian, custodian or other person who takes care of a child who violates his obligations related to advertisements is punished with a fine of BGN 250 to BGN 500 for the first violation, and in the case of a second violation - with a fine of BGN 500 to BGN 1,000 BGN Fines are higher for violations of obligations related to a child's participation in a radio or television program. If such participation is allowed and thereby creates a danger for his physical, mental, moral and/or social development, he is punished with a fine of BGN 1,000 to BGN 2,000, and in the event of a repeat violation - with a fine of BGN 2,000 to BGN 5,000. And here the fines are if the perpetrator is not subject to a heavier administrative penalty under a special law or the act does not constitute a crime.

It is also important to know that anyone who fails to comply with an enforced mandatory prescription under the Child Protection Act is punished with a fine or a pecuniary sanction of BGN 2,000 to 5,000, and in case of a repeated violation - with a fine or a pecuniary sanction of BGN 5,000 to 10 BGN 000.