Opinion (Rogério COPETO / Official GNR): TO THE CHILD 25 YEARS
To mark the "International Children's Day" which is celebrated tomorrow, We chose to account for the third amendment to the Protection of Law and Promotion of Children's Rights and Youth in Danger, which will take effect with the State Budget 2018 and amends four articles, to extend the protection period up to 25 years.
Rogério COPETO
Lieutenant Colonel of the GNR
Master in Law and Security and Homeland Security Auditor
Head of the Education Division / Command Doctrine and Training
A Lei n.º 23/2017, 23 May comes the third amendment Protection Act, approved by Lei n.º 147/99, of 1 of September, being the subject of the protection and promotion of rights of children and young people in danger been discussed here several times, in particular Articles, "Superheroes without cover", "The GNR and PSP to protect children in danger", "The 'new' Protection Act of children and youth at risk", "The Protection of Children and Commissions Jovens”, "Children and GNR" (designed to mark the "International Children's Day" last year) and "Withdrawal of children" 1th part and 2th part, taking this matter been in the news in this week's edition of the Daily News, of 29 May, in the article entitled "Mothers and fathers demonstrate against 'improper removal' of children to family", which is given prominence to the action promoted by the Association and Alert Movement for Children and Adolescents Withdrawal "to alert to the alarming increase in unwarranted removal of the smaller progenitors and placed in temporary shelters and host families".
But it's not about the withdrawal of children mentioned in this article but the third amendment Protection Act, having the second amendment was in June 2015, whose changes in more than half of the diploma, They aimed to improve the Promotion System and Protection of Children and Young People in Danger, while maintaining its matrix and its principles.
As already mentioned the changes now introduced by Law 23/2017, 23 May, making the third amendment to Law No. 147/99, of 1 of September, changing Articles 5, 60º, 63º e 88º, It is intended to extend the period of protection to the 25 years, It is the the following changes: point a) 5th artº "Child or young – the person under 18 years or the person under 21 years to request the continuation of the intervention started before reaching the 18 year old, and yet the person up to 25 years whenever there, and just as lasting, educational processes or vocational training; No. 3 of article 60 " exceptionally, when the defense of the best interests of the child or young person requires this, the measure provided for in paragraph d) do n.º 1 Article 35 may be extended until those usually make up the 25 years"; No. 2 of article 63 "Notwithstanding the provisions of paragraph d) the preceding paragraph, They can keep up to 25 age of measures to promote and support protection for independent living or placement, whenever there, and just as lasting, educational processes or vocational training, and since the young renew the request for maintenance” e; No. 6 the 88 artº "The processes of protection commissions are destroyed when the child or young person reaches the age of majority or, in the case of point d) do n.º 1 e do n.º 2 Article 63, the 21 years or 25 year old, respectively".
Taking into account the changes mentioned above it appears that they have been made to ensure that children and young people entering the system before 18 years can continue to enjoy the promotion and protection measures until the age of 25 year old, increasing the period of 21 To the 25 year old.
Presumably this change will have the immediate consequence of the increase in promotion and protection cases the liability of Committees Protection of Children and Young People in danger (CPCJ), knowing that the same lack of human and material resources, with the result overwork for the few technical, that they have, being the subject released for public, whenever there is the death of a child, putting into question the professionalism of the technical.
Despite all the setbacks, the CPCJ can fulfill its mission, because all the technical engage much beyond what is required of them, with damage to his professional and family life, protecting thousands of children and youth at risk, because it is delegated to higher liability that may attribute to a citizen, which is to protect our children.
Taking into account the lack of technicians in CPCJ changes introduced in 2015, They had intended to increase the number of member, either in an enlarged Commission (CA), either in the Restricted Committee (CR), verifying that in the case of CR, health and education must necessarily be represented, beyond social security, It may also be mobilized all available resources, human and material, to ensure any support for the child and his family need.
Another measure that has contributed to improving the functioning of CPCJ, It was the "professionalization" of the post of president, passing the member elected to exercise it full time, where in the area there CPCJ 5.000 or more inhabitants with at least 18 years, and the commissioners saw their working recognized as a priority, relating to respective services in carrying, constituting a mandatory public service, It is still regarded as provided in your profession, passing their mandates to three years, renewable twice, thus allowing a better use of knowledge and experience of commissioners.
Despite these amendments to the Law on Protection 2015, which aimed to improve the system, from the standpoint of human and material resources, the performance of CPCJ continues to be criticized, having this year 2017 been taken from the children, which is still on the agenda, as mentioned at the outset, and for this reason please read Rui Marques opinion piece, published in the 28 Feb., the Public, with the title "In defense of the Protection of Children and Youth Committees", written by reason of public discussion caused by the withdrawal of children and not taken from other, in February, whose widespread view, then, It was to criticize the performance of CPCJ that were withdrawn and the decision not to withdraw by another CPCJ, Rui Marques writing that the two cases "They are obviously not representative of the system, has, however, a merit: curiously, the critical arguments cancel each other out. On the one hand, it criticizes not have removed the children, the other criticism is the have done it".
Criticism of the performance of CPCJ will continue, hoping that this extension up to 25 years old, the protection period, will not contribute to the increased difficulties that CPCJ face every day, believe however that everything will so that all children and young people in danger to the 25 years have the necessary protection to your situation.
