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2005-08-01
BY-LAW OF THE MINISTRY FOR CHILDREN AND FAMILY AFFAIRS
(Minutes No.46 21§)
Issued pursuant to Section 16,
Paragraph one of the Law on
State Administration System
I. General Provisions
1. Ministry for Children and Family Affairs (hereinafter referred to as – the Ministry) is a leading state administrative institution in the field of children rights protection, children and family rights and youth.
(Wording of regulations of Cabinet of Ministers no.839 of 5th October, 2004.)
2. The Ministry is directly subordinate to the Minister for Children and Family Affairs (hereinafter referred to as – the Minister).
3. The Ministry is the supreme institution for the state administration bodies subordinate to the Ministry.
II. Functions, Tasks and Competence of the Ministry
4. The functions of the Ministry:
4.1. to develop state policy in the field of children rights protection, children and family rights and youth;
4.2. to organize and coordinate implementation of policy in the field of children rights protection, children and family rights and youth;
4.3. to perform other functions stated in external legal acts;
(With amendments made with regulations of Cabinet of Ministers no.839 of 5th October, 2004.)
5. In order to ensure the execution of the functions the Ministry shall:
5.1. organize and coordinate supervision to make sure external legal acts are followed in the field of children rights protection;
5.2. provide methodical help to specialists of local governments in the field of organizing children rights protection and children out-of-family care;
5.3. ensure the supervision and methodical running of children out-of-family care institutions in the field of children rights protection;
5.4. ensure the supervision and methodical running of the orphan courts (parish courts) (except in the functions that are described in the law “On Orphan Courts and Parish Courts” in chapters VII and VIII;
5.5. ensure the united registration of adoptable children and adopters in Adoption Registry and in the order stated in regulatory acts issue adopters the warrants to children out-of-family care institutions;
5.6. according to the competence organize international cooperation in the field of children rights protection and children and family rights;
5.7. organize research on implementation problems of children rights protection and family rights, analyze the quality of the process of children rights protection, prepare reports, suggestions and recommendations about the situation in the field of children rights protection and children and family rights;
5.8. once in five years prepare report on children state in Latvia and on carried out events for children rights protection for UNO Children Rights Committee;
5.9. develop such projects for cooperation with foreign countries, international institutions and associations which are connected with the issues of children rights protection and family rights, coordinate the execution of mentioned projects, also plan part taking in the programs of international help and take part in them;
5.10. ensure the usage of ministry state budget for meant purposes;
5.10.1 realize system of events for work with youth;
5.10.2 cooperate with state and non-governmental institutions in the field of youth;
5.10.3 take part in international working groups in the field of youth;
5.10.4 ensure representation in Europe Youth research center and Europe Youth research net;
5.11. perform other tasks stated in the legal acts.
(With amendments made with regulations of Cabinet of Ministers no.839 of 5th October, 2004.)
6. The Ministry shall:
6.1. produce the draft regulatory acts related to the field, and draft policy planning documents;
6.2. provide feedback on draft regulatory acts and draft policy planning documents produced by other institutions;
6.3. issue administrative acts in the events stated in the external legal documents;
6.4. in accordance with the procedures stated in the legal documents, prepare and issue suggestions on financing required from the State Budget for implementation of activities envisaged in the legal documents and the respective policy planning documents and for performing the tasks of the Ministry;
6.5. within its competencies, represent the state’s interests in international organizations and institutions of European Union;
6.6. on behalf of the state, execute the private legal deals required for ensuring the operation of the Ministry;
6.7. perform the inspections of function performance and other inspections in the state administrative institutions subordinate to the Ministry;
6.8. ensure the state order research application workout and promote the effective usage of the research results in branch policy workout;
6.9. inform the public about the field’s policy and consult the non-governmental organizations during the decision making process, encourage the social dialogue in issues related to the developing and implementing the policy;
6.10. ensure binding to Latvia international treaties workout according to the competence.
7. Rights of the Ministry:
7.1. to involve representatives of ministries, other state administration bodies, municipal authorities and other institutions in tackling issues regarding branch policy;
7.2. to participate in events organized by international organizations, to conclude international cooperation agreements and to coordinate international cooperation;
7.3. in accordance with the article 65.¹ of Children Rights Protection Law to examine any state or local governmental institution or other provider of social help that works with the protection of the rights of children by its own initiative or based on a complaint and to request information in accordance with this from any of the institutions;
7.4. to request any documents or information necessary for the work of the Ministry and receive them without payment from ministries, local governments and other state and non-governmental organizations;
7.5. to exercise other rights prescribed by regulatory acts.
III. Structure of the Ministry and Competence of the Officials
8. The work of the Ministry shall be lead by the minister.
9. The Minister shall:
9.1. without any special authorization, represent the Ministry;
9.2. give orders to State Secretary and political officials at the Ministry;
9.3. give orders to Ministry’s administrative officials and employees, who shall notify a higher-standing official thereof;
9.4. give orders to the officials and staff of the Ministry and issue internal legal documents binding to them, insofar as stated otherwise in external legal documents;
9.5. within competence prescribed by external regulatory acts, supervise activities of the Ministry as well as activities of officials, or shall authorize thereto the respective official of the Ministry;
9.6. may repeal the internal regulatory acts, resolutions and decrees, except for administrative acts, issued by the Parliamentary Secretary, State Secretary and other administrative officials;
9.7. appoint and dismiss the Ministry’s Secretary of State;
9.8. determine the internal audit system at the Ministry;
9.9. conclude international agreements pursuant to procedures prescribed by external regulatory acts;
9.10. perform other functions prescribed by regulatory acts.
10. The Parliamentary Secretary carry out responsibilities stipulated in the Law on State Administration System and other regulatory acts.
11. The State Secretary shall:
11.1. organize the field policy and strategy development and field policy implementation;
11.2. manage the institution’s administrative work and ensure execution of the Ministry’s functions;
11.3. ensure compliance with orders of the Minister and Parliamentary Secretary;
11.4. create a rational structure for execution of Ministry’s functions;
11.5. design financial resources for state administration bodies subordinate to the Ministry;
11.6. adopt administrative resolutions and issue internal regulatory acts;
11.7. without any special authorization, represent the Ministry;
11.8. give direct orders to administrative officials and employees of the Ministry;
11.9. ensure continuity in Ministry’s activities if a change in the Ministry’s political management has occurred;
11.10. perform other direct functions of the head of state administration body prescribed by the Law on State Administration System and functions prescribed in other regulatory acts.
12. The Secretary of State shall have deputies. The competence of the Deputy Secretary of State, as well as the Ministry’s structural units under direct subordination of the Deputy Secretary of State shall be determined by the Secretary of State.
13. The Ministry’s structural units are departments, their divisions and independent divisions.
14. The departments, their divisions and independent divisions shall be formed, re-organized and liquidated by the Secretary of State. Regulations of departments, their divisions and independent divisions, subject to approval of the Secretary of State, shall be issued by the head of the respective structural unit.
15. The departments and independent divisions shall be subordinate to the Secretary of State or the Deputy Secretary of State in accordance with the distribution of functions determined by the Secretary of State.
16. The departments shall be managed by the Department Director. The Department Director may have deputies. The competence of the Department Director and his deputies shall be specified in the official’s job description or employment contract.
17. The divisions shall be managed by Head of Division. The head of division may have a deputy. The competence of the Head of Division and his deputy shall be specified in the official’s job description or employment contract.
18. The Minister and the Secretary of State may form councils, working parties and commissions in the Ministry. The authorized representatives from other institutions, as well as private individuals may be involved in the said institutions. By-laws of the institutions shall be approved by the Minister or the Secretary of State, respectively.
IV. Mechanism to Ensure the Rule of Law in Activities of the Ministry and Reports on Ministry’s Activities
19. The rule of law in activities of the Ministry shall be ensured by the State Secretary. The State Secretary shall be responsible for creation and functioning of inspection system of the administrative decisions.
20. The State Secretary shall be authorized to repeal the Ministry’s administrative officials’ resolutions and internal regulatory acts.
21. The State Secretary shall adopt resolutions on administrative acts issued by the Ministry’s administrative official or actual doings of the administrative official and employees controverted by a private individual, unless otherwise provided by the regulatory acts.
22. The actual doings of and administrative acts issued by the State Secretary may be appealed against by a private individual in the court of law.
23. At least once a year, the Ministry shall submit to the Minister a report on implementation of branch policy, execution of the Ministry’s functions and utilization of budgetary resources, as well as prepare the public annual report on implementation of branch policy according to procedures prescribed by regulatory acts.
24. The Minister has the right, at any time, to request a report on implementation of policy in the branch or an individual sector, and also on activities of a state administration body subordinate to the Ministry.
V. State Administrative Institutions Subordinate to the Ministry
25. Maintenance Guarantee Fund Administration is subordinate to the Ministry.
VI. Final Provisions
26. Recognize the lost validity of regulations of the Cabinet of Ministers No.57 of 4 February, 2003 “By-law of Secretariat of Minister for Special Assignments for Children and Family Affairs” (Latvian Herald, 2003, No.21).
Prime Minister I.Emsis
Minister for Children and Family Affairs A.Baðtiks
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