In a situation where children are endangered by their legal representatives – the parents or a guardian, and thus there is no one representing the child’s rights and interests against the abuser, the child may be separated from the family if it is impossible to eliminate the risk for the child while it stays in the family.
A decision on the separation of the child from their parent shall be made by a social worker, who shall submit a motion to a judge of the regional (city) court based on the domicile of the child. The judge shall review the motion of the social worker at their sole discretion, without an oral hearing, and shall decide within 24 hours on the separation of the child from their parent or on the refusal to grant the motion on the separation of the child from their parent.
Where the life, health or safety of the child is under immediate and direct threat, a social worker shall be authorised to make an immediate decision on the separation of the child from their parent and shall submit a relevant motion to a court to obtain consent within 24 hours. The motion of the social worker shall include necessary justification for the immediate separation of the child from their parent. A police officer shall participate in the assessment of the threat, whose positive or negative opinion shall be recorded in the relevant protocol.