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Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.

Republic of Latvia



Cabinet

Regulation No. 1037

Adopted 19 December 2006




Regulations for the Operation of an Orphan's Court




Issued pursuant to

Section 3, Paragraph three of the

the Law on Orphan’s Courts

I. General Provisions
1. These Regulations prescribe organisation of the work of an Orphan’s court, the procedures for the reception of visitors and the procedures for getting acquainted with the files, file register of an Orphan’s Court and the creating and keeping of the file registration journal, basic requirements for file formation, preparation of a case for examination, the procedures for proceedings of the meeting of an Orphan’s Court, as well as the operation of an Orphan’s Court in the supervision of out-of-family care and trusteeship cases and the operation of an Orphan’s Court with the property of a minor or other person lacking the capacity to act.
2. An Orphan's Court shall develop the by-laws of the Orphan's Court. The relevant local government council (parish council) shall approve the by-laws.
3. An Orphan’s Court’s by-laws prescribe the organisational structure, time for reception of visitors, as well as the procedures by which the participants in the administrative proceeding may get acquainted with case materials.
4. The term of office of the Chairperson of an Orphan’s court, the Vice-Chairperson of the Orphan’s court and the Members of an Orphan’s Court shall start after their election, if the relevant local government council (parish council) has not specified another term.
5. The authorisation of the Chairperson of an Orphan’s Court, the Vice-Chairperson of the Orphan’s court and the Members of an Orphan’s Court shall terminate when a decision of the relevant local government council (parish council) regarding removal, dismissal and suspension of the Chairperson of an Orphan’s Court, the Vice-Chairperson of the Orphan’s court and a Member of an Orphan’s Court from office comes into force or upon termination of the term of office specified in the Law on Orphan’s Courts.
6. Duties of the office of the Vice-Chairperson of the Orphan’s Court, the Members of an Orphan’s Court and employees of the Orphan’s Court shall be determined by the Chairperson of an Orphan’s Court in the relevant descriptions of office.
7. The relevant local government council (parish council) shall ensure for the Orphan’s Court premises suitable for work and the necessary equipment.
8. The local government council (parish council) shall notify the Ministry for Children and Family Affairs electronically or in writing regarding the establishment of an Orphan’s Court, location thereof and office hours for the reception of visitors or changes therein within two weeks after the establishment of the relevant institution.
9. The local government council (parish council) shall issue a job certificate to the Chairperson of an Orphan’s Court, the Vice-Chairperson of an Orphan’s Court and the Members of an Orphan’s Court.
10. The Orphan’s Court shall use a form with the lesser State coat of arms.

II. Reception of Visitors and Acquaintance with Case Materials
11. An Orphan’s Court shall accept visitors not less than two times a week (in a convenient time for visitors at least once a week) in accordance with the procedures specified in the by-laws of the Orphan’s Court.
12. The following information shall be placed in the premises of an Orphan’s Court in an accessible place to visitors:

12.1. time for reception of visitors;

12.2. procedures by which persons may become acquainted with case materials;

12.3. procedures by which documents shall be issued; and

12.4. information regarding the State fees, amount thereof and procedures for payment.
13. The following persons may become acquainted with the case materials present in the record-keeping of an Orphan’s Court:

13.1. participants to the particular administrative proceedings and an interpreter invited for the case, if the relevant submission has been received from the participant to the administrative case – with the materials of the particular case; and

13.2. a public prosecutor, a civil servant (employee) assigned by the Ministry for Children and Family Affairs and the inspector of the protection of the rights of the child – with the materials of all the cases present in the record-keeping of the Orphan’s Court.
14. The Orphan’s court shall ensure for a person that is getting acquainted with case materials the possibility to write out the necessary information from the case materials or to make copies of the required documents present in the file by technical means, making an annotation thereon on the reference page of the file.
15. If it is not possible to ensure acquaintance with the case materials on the day of receipt of the request, the Orphan’s Court shall agree with a person regarding a time, but not later than three working days, when it will be possible to get acquainted with the case materials. The referred to procedures shall be applicable also in respect of the preparation and issue of the true copies, extracts or copies of the documents or decisions at the disposal of the Orphan’s Court.
16. Acquaintance with case materials shall take place at the premises of the Orphan’s Court in the presence of an employee of the Orphan’s Court. On the day, when a case is examined at the meeting of the Orphan’s Court, acquaintance with the case materials may be not ensured.

III. Case Registers and Registration Journals
17. An Orphan’s Court shall set up the following registers for files:

17.1. register of files regarding removal of care and custody rights and renewal of care and custody rights;

17.2. register for files regarding foster-families;

17.3. register for files regarding adoption;

17.4. register for files regarding guardianship;

17.5. register for files regarding trusteeship; and

17.6. alphabetical register of files.
18. The following information shall be included in the register of files regarding removal of care and custody rights and renewal of care and custody rights:

18.1. the file index and number in accordance with the file list of the Orphan’s Court;

18.2. the given name, surname, personal identity number and declared place of residence of the parents;

18.3. the given name, surname, personal identity number and declared place of residence of the child;

18.4. the number of the decision regarding removal of the child care rights for both or one of the parents and the date of taking of the decision;

18.5. the number of the decision regarding renewal of the child care rights for both or one of the parents and the date of taking of the decision;

18.6. the number of the decision regarding bringing an action to the court regarding removal of the custody rights for both or one of the parents and the date of taking of the decision ;

18.7. the name of the court, number of the civil matter and the date of coming into effect of the judgement regarding the removal of custody rights for both or one of the parents;

18.8. the number of the decision regarding bringing an action to the court regarding renewal of the custody rights for both or one of the parents and the date of taking of the decision;

18.9. the name of the court, number of the civil matter and the date of coming into effect of the judgement regarding the renewal of custody rights for both or one of the parents; and

18.10. the information regarding the transfer of a child to a separate custody or out-of-family care, indicating the name of the documents, issuer and date of issue.
19. The following information shall be included in the register for files regarding foster families:

19.1. the file index and number in accordance with the file list of the Orphan’s Court;

19.2. the name of the Orphan’s Court, the number of the decision taken regarding the suitability of the person for performance of the duties of a foster family and the date of taking of the decision;

19.3. the name of the Orphan’s Court, the number of the decision taken regarding the granting of the foster family status and the date of taking of the decision;

19.4. the given name, surname, personal identity number and declared place of residence of foster-parents;

19.5. the name of the Orphan’s Court, the number of the decision taken regarding the placing of a child into the foster family and the date of taking of the decision;

19.6. the given name, surname, personal identity number and declared place of residence of the child placed into the foster-family;

19.7. the given name, surname, personal identity number and declared place of residence of the parents;

19.8. the reason for placing the child into the foster family; and

19.9. the information regarding the termination of the foster-family care regarding a child.


20. The following information shall be included in the register for files regarding adoption:

20.1. the file index and number in accordance with the file list of the Orphan’s Court;

20.2. the given name, surname, personal identity number and declared place of residence of an adopter;

20.3. the name of the Orphan’s Court, the number of the decision taken regarding the recognition of a person as the adopter of a child and the date of taking of the decision;

20.4. the given name, surname, personal identity number and declared place of residence of an adoptee;

20.5. the name of the Orphan’s Court, the number of the decision taken regarding the transfer of a child to be adopted under the care of the adopter and the date of taking of the decision;

20.6. the name of the Orphan’s Court, the number of the decision taken regarding the opinion that the adoption into the family of the adopter is in the child’s interests, and the date of taking of the decision; and

20.7. the name of the court, the number of the civil matter and the date of entering into force of the judgement regarding the confirmation of the adoption.


21. The following information shall be included in the register for files regarding guardianship:

21.1. the file index and number in accordance with the file list of the Orphan’s Court;

21.2. the given name, surname, personal identity number and declared place of residence of a child;

21.3. the given name, surname, personal identity number and declared place of residence of the parents;

21.4. the grounds for establishment of the guardianship;

21.5. the number of the decision regarding the suitability of a person for performance of the duties of a guardian, the date of taking of the decision;

21.6. the name of the Orphan’s Court, the number of a decision regarding the establishment of the guardianship and assigning of a guardian, the date of taking of the decision;

21.7. the given name, surname, personal identity number and declared place of residence of a guardian;

21.8. information regarding the relationship of the guardian and the ward;

21.9. information regarding the drawing up of the list of the child’s property; and

21.10. information regarding the sending of the file regarding guardianship to the relevant Orphan’s Court for further supervision of the guardianship or the name of the Orphan’s Court, the number and the date of the decision regarding the dismissal of the guardian.
22. The following information shall be included in the register for files regarding trusteeship:

22.1. the file index and number in accordance with the file list of the Orphan’s Court;

22.2. the given name, surname, personal identity number and declared place of residence of a person under the trusteeship;

22.3. the name of the court, the number of the civil matter and the date of coming into effect of the judgement regarding the recognition of a person as lacking the capacity to act and the establishment of the trusteeship;

22.4. the name of the court, the number of the civil matter and the date of the coming into effect of the judgement regarding the establishment of the trusteeship for a person due to a dissolute lifestyle or spendthrift lifestyle;

22.5. the name of the court, the number of the civil matter and the date of the taking of the decision regarding the establishment of the trusteeship for an inheritance, property of absent and lost persons;

22.6. the number of the decision regarding the appointing of a trustee and the date of taking thereof;

22.7. the given name, surname, personal identity number and declared place of residence of a trustee;

22.8. information regarding the administration of the property; and

22.9. the information regarding the sending of the file regarding trusteeship to the relevant Orphan’s Court for further supervision of the trusteeship or the name of the Orphan’s Court, the number and the date of the decision regarding the dismissal of the trustee.


23. The following information shall be included in the alphabetical register of files:

23.1. the surname, given name of that person regarding whom the case is established, and the number assigned to the file in accordance with Paragraph 28 of these Regulations;

23.2. the name of the file; and

23.3. the file index and number within the year of record-keeping in accordance with the file nomenclature.


24. The Orphan’s Court which performs the activities indicated in Chapter VII and VIII of the Law on Orphan’s Courts, arranges the register of wills and register of attestations and other files.
25. The Orphan’s Court, if necessary, may arrange a file registration journal in accordance with the sample list of files.
26. The file register or file registration journal, if it is not set up in an electronic form, shall be bound and sealed prior to the making of the first entry.
27. The Orphan’s Court shall supplement the file register and file registration journal with the relevant information as soon as the grounds for making such a supplement have arisen and this information is at the disposal of the Orphan’s Court.

IV. Formation of Files
28. Numbers for files are granted in accordance with the list of files of the Orphan’s Court.
29. A reference page shall be attached to the file where all the procedural activities are reflected, as well as an annotation regarding acquaintance with the case materials and issue of the copies of the documents shall be made, indicating the type of activity carried out, time and confirming it with a signature.
30. If the case is being examined repeatedly or it is necessary to take a decision in such a case after a certain period of time, a new number is not assigned to the file, but the number, date and name of the decision taken shall be entered into the file register or into the file registration journal.
31. If files are joined, the number of the file to which another case is added shall be indicated in the file register or in the file registration journal.
32. If a person has changed the place of residence, a file shall be sent to another Orphan’s Court respectively for supervision or for repeated review of the case. The Orphan’s Court, which receives a file, shall assign a new number to the file received. The Orphan’s Court, which had sent the file, shall make the relevant annotation in the file register or in the registration journal indicating to which Orphan’s Court the file has been sent.
33. A separate file shall be arranged for each child in the out-of-family care or a person in trusteeship. A joint file regarding children in the out-of-family care regarding minors of one family with joint parents or one joint parent shall be arranged.
34. True copies, copies or extracts of the decisions of an Orphan’s Court in accordance with the requirements of regulatory enactments shall be approved with the seal with the State coat of arms of the Orphan’s Court.
35. Files regarding adoption in archives shall be kept in a safe.
36. A secretary of the Orphan’s Court or employee of the local government council (parish council) (hereinafter – secretary) shall register a decision in the decision registration journal after examination of the case and pronouncing of the adjudication of the Orphan’s Court.
37. Invitations of the Orphan’s Court to the meeting of the Orphan’s Court, true copies of the decisions, extracts, originals or copies of the files, as well as correspondence, which contain sensitive information, shall be sent by the registered post by post or with a courier.
38. The Orphan’s Court shall send the files or copies thereof by post or with a courier, upon receiving a request in a writing from an institution, for which the right to request files is granted by law, as well as upon the initiative of the Orphan’s Court sending the files for supervision to another Orphan’s Court. A request regarding the sending of a file, a true copy of the adjudication made in the case and a side instrument, with which the file has been sent, shall be kept in a separate folder up to the return of the file, controlling the receipt of the file in the Orphan’s Court. In the file register or file registration journal an annotation shall be made regarding to whom, when and upon whose request a file was sent, and when it has been received back in the Orphan’s Court.
39. Documents shall be attached to the file in chronological order, numbered, as well as the list of documents present in the file shall be drawn up.

V. Circulation of Documents, Initiation of Administrative Cases and Preparation for Examination
40. A secretary shall register and transfer the submissions, claims or proposals received in the Orphan’s Court to the Chairperson of the Orphan’s Court, who shall determine the further guidance thereof.
41. If the Orphan’s Court upon its own initiative or after receipt of a submission has proposed an administrative matter, it shall be registered in the relevant register or in the file registration journal.
42. The opinions of minors and those persons, who have been recognised as not having the capacity to act with the judgement of a court, shall be ascertained by the Orphan’s Court in the environment common to these persons or in another safe environment in the case to be examined. The opinions of such persons may be clarified in the Orphan’s Court, if these persons have expressed a wish to appear at the Orphan’s Court themselves.
43. A participant in administrative proceedings, in justifying a request thereof, may request the Orphan’s Court in writing to change a person who participates in the preparation of the case. The Orphan’s Court shall within three working days take a decision and notify the submitter thereof.

VI. Meeting of the Orphan's Court and the Taking of a Decision
44. The following persons may participate in the meeting of an Orphan’s Court:

44.1. participants in administrative proceedings;

44.2. an interpreter invited for the case;

44.3. a psychologist or another professional person (hereinafter – a professional person) invited for the case;

44.4. a representative of the authority, in order to provide an opinion for the case in accordance with its competence;

44.5. a civil servant (employee) assigned by the Ministry for Children and Family Affairs; and

44.6. the State inspector for the protection of the rights of the child.
45. An invitation shall be sent to the participants in the administrative proceedings, an interpreter, a professional person and authority within the competence of which is to provide an opinion in the case to be examined at least ten days prior the meeting of the Orphan’s Court.
46. An invitation to the meeting of an Orphan’s Court may be issued to participants in the administrative proceedings against a signature.
47. The following shall be indicated in an invitation:

47.1. the name and address of the Orphan’s Court;

47.2. the given name, surname, address of the declared place of residence of the natural person to be invited or the name and place of location (legal address) of the legal person to be invited;

47.3. the time and place of attendance;

47.4. the name of the matter to which a person has been invited;

47.5. an indication in what capacity a person is invited;

47.6. an indication that the Orphan’s Court may examine the case without the presence of the participants in the administrative proceedings, if there is information that the participants in the administrative proceedings have been notified of the specified procedure regarding the hearing of the case and they have not arrived for the relevant meeting, as well as have not informed of the reason for not appearing; and

47.7. an indication regarding the right to get acquainted with the case materials.


48. An invitation shall be sent to the declared place of residence of a person.
49. If the invited person has not declared a place of residence and the information regarding the actual place of location of a person is at the disposal of the Orphan’s Court, the Orphan’s Court shall send the invitation to the actual place of location of the person.
50. If the invitation has been received back with an annotation from the postal service that the addressee is not accessible, it shall be attached to the file.
51. Upon commencement of the meeting:

51.1. the Chairperson of the meeting shall acquaint with the composition of the meeting and inform, which case will be examined;

51.2. a secretary of the Orphan’s Court shall inform the Orphan’s Court which persons invited for this case have appeared, as well as inform whether the information regarding the meeting has been notified to the persons which have not appeared and what information has been received regarding the reasons for the non appearance of these persons;

51.3. the Chairperson of the meeting shall check the personal identification documents of the participants in the administrative proceedings, authorised persons (lawyers) thereof and shall ascertain the places of residence of the participants in the administrative proceedings. An authorised representative (lawyer) shall present the relevant authorisation or certified extract, copy, true copy thereof or a retainer. The original, true copy or copy of the authorisation or the original of the retainer shall be attached to the case materials; and

51.4. the Chairperson of the meeting shall acquaint the participants in the administrative proceedings with the rights and obligations thereof. If the participants to the administrative proceedings have any evidence to be submitted additionally, which has any bearing on the hearing of the case, the Orphan’s Court shall ensure the possibility for the other participants in the case to get acquainted with it.
52. The meeting of the Orphan’s Court shall be suspended:

52.1. if any of the participants in the administrative proceedings fail to appear at the meeting of the Orphan’s Court and he or she has not been notified regarding the time and place of the meeting of the Orphan’s Court, except for the cases, when it is not possible to notify the participant to administrative proceedings regarding the hearing of the case because he or she has not declared the place of residence thereof and his or her actual place of location is not known; or

52.2. if any of the participants of the case, who has been notified regarding the time and place of the meeting of the Orphan’s Court, fails to appear due to such reason which is recognised as plausible by the composition of the meeting of the Orphan’s Court.
53. The meeting of the Orphan’s Court may be suspended:

53.1. if the participant in the administrative proceedings, to whom the date and time of the meeting of the Orphan’s Court has been notified, fails to appear due to an unknown reason;

53.2. if the Orphan’s Court considers that it is not possible to examine the case because the participant in the administrative proceedings, a professional person or an interpreter invited for the case has not appeared;

53.3. upon the request of the participant in the administrative proceedings, in order to provide a possibility to submit evidence, which has a significant meaning on the case to be examined; or

53.4. if a possibility to get acquainted with the case materials has not been provided for the participant in the administrative proceedings.
54. The case may be examined without the presence of participants in the administrative proceedings, if:

54.1. there is information that the participants in the administrative proceedings have been notified in accordance with the specified procedures regarding the hearing of the case and they have not appeared for the relevant meeting, as well as have failed to notify of the reasons for not appearing; or

54.2. it is not possible to notify a participant in the administrative proceedings regarding the hearing of the case because he or she has not declared the place of residence thereof and his or her actual place of location is not known.
55. Persons invited for the meeting of the Orphan’s Court shall provide explanations orally. Written evidence and other materials existent in the case shall be read upon the request of the participants in the administrative proceedings.
56. If a participant in the administrative proceedings has determined, that there is a person in the composition of the meeting of the Orphan’s Court who in accordance with regulatory enactments is not entitled to participate in the hearing of the case, the participant in the administrative proceedings may ask to remove the participant of the meeting.
57. A participant in the administrative procedure may apply for refusal in writing or orally, and regarding such application an entry shall be made in the minutes of the meeting.
58. If the refusal has been applied, the Orphan’s Court shall listen to the participant of the composition of the meeting for whom the refusal has been applied. A decision regarding the refusal applied shall be taken by the rest of the composition of the meeting, discussing in a separate room. If the refusal has been applied at least for two participants of the composition of the meeting, a decision regarding the refusal applied shall be taken by the same composition of the meeting, discussing in a separate room.
59. If the refusal is substantiated, the hearing of the case shall be suspended, an annotation shall be made in the file or in the minutes of the meeting and it shall be transferred for examination to another composition of the meeting of the Orphan’s Court. If it is not possible to examine the case by another composition of the meeting and several Orphan’s Courts operate in the territory of the relevant local government, the case shall be transferred for examination to another Orphan’s Court of the relevant local government. If it is not possible to examine the case within the territory of the relevant local government, the case shall be sent for examination to another nearest Orphan’s Court.
60. The minutes of the meeting shall be taken regarding the course of the meeting of the Orphan’s Court. The minutes of the meeting shall be taken by a secretary regarding each case to be heard separately. The minutes shall be signed by the Chairpersonperson of the meeting and secretary not later than within three working days after the meeting of the Orphan’s Court.
61. The following information shall be indicated in the minutes of the Orphan’s Court:

61.1. the date and time of the meeting, indicating the address;

61.2. the beginning and end of the meeting;

61.3. persons who participate in the meeting and persons which have been notified regarding the meeting, but who have not appeared, as well as the reasons for not appearing, if any are known;

61.4. the words spoken by the participants to the case; and

61.5. a decision taken in the meeting.


62. Prior to signing of the minutes of the meeting all corrections shall be justified and lines not completed and other free spaces shall be crossed out. Unjustified erasures or blocking out shall not be permitted in the text of minutes. If the minutes are on several pages, they shall be bound.
63. Participants of a meeting of the Orphan’s Court have the right to get acquainted with the minutes of the meeting of the Orphan’s Court after the signing of the minutes.
64. Persons who have taken part in a meeting of the Orphan’s Court, may submit notes in writing regarding the minutes within three working days after the signing of the minutes indicating defects and inaccuracies made therein.
65. The Chairpersonperson of the meeting shall examine the notes submitted within three working days and if he or she agrees with the notes, then their correctness shall be attested and they shall be attached to the minutes of the meeting of the Orphan’s Court.
66. A break may be proclaimed up to the next working day in a complicated matter. A decision regarding the break of a meeting shall be written in the minutes of the meeting.
67. After the hearing of the participants of the meeting and acquaintance with the case materials the Chairperson of the Orphan’s Court and Members of the Orphan’s Court who participate in the meeting of the Orphan’s Court, shall deliberate in a separate room and take a decision.
68. The Orphan’s court shall take a decision by a simple majority vote. None of the composition of the meeting is entitled to abstain from voting. In the event of a tied vote, the vote of the Chairperson of the meeting shall be decisive.
69. After deliberation, in the presence of the participants in the meeting of the Orphan’s Court, the Orphan’s Court shall proclaim a decision, explaining the coming into effect of the decision and procedures for appeal of the decision.
70. The Orphan’s Court shall draw up a decision in writing and shall send a true copy thereof to the participant in the administrative proceeding not later than within 10 working days after the day of taking thereof.
71. A true copy, extract or copy of a decision may be issued in the Orphan’s Court to participants in the administrative proceeding against a signature.
72. If a true copy, extract or copy of a decision of the Orphan’s Court is sent by post or with a courier, an accompanying letter shall be attached to the file.

VII. Risk Assessment in Matters of Removal or Renewal of Child Care Rights and in Matters of Releasing of the Guardian
73. Risk assessment shall be performed prior to the taking of a decision regarding the removal of child care rights for parents, except for the cases, when an individual decision is taken in accordance with Section 23 of the Law on Orphan’s Courts.
74. The Orphan’s Court shall perform risk assessment by filling in the relevant questionnaires (Annex 1) and taking into account the specified criteria (Annex 2).
75. In performing risk assessment, the Orphan’s Court may invite the relevant professional persons and representatives of authorities or request the information at their disposal.
76. The risk assessment referred to in Paragraph 74 of these Regulations shall be performed also prior to the renewal of the child care rights for parents and prior to releasing of the guardian.
77. The completed risk assessment questionnaire shall be attached to the relevant file.

VIII. Supervision of Out-of-family Care and Trusteeship Cases
78. In deciding regarding out-of-family care for a child, the Orphan’s Court shall explain the possible types of out-of-family care to a child and shall ascertain the opinion of a child regarding the most suitable type of out-of-family care for him or her, if a child can state his or her opinion.
79. The Orphan’s Court shall explain to an assigned guardian (trustee) his or her duties, rights and responsibility and a guardian (trustee) shall sign, that he or she is informed thereof.
80. The Chairperson of the relevant Orphan’s Court or Members of the Orphan’s Court shall inspect the living conditions of the person under guardianship, trusteeship or in an out-of-family care institution not less than once a year.
81. An inspection act shall be drawn up regarding the inspection of living conditions of the person in out-of-family care or trusteeship, where the following information shall be included:

81.1. the given name, surname, year of birth and address of the place of residence of the person in out-of-family care or trusteeship;

81.2. the opinion of the person in out-of-family care or trusteeship regarding the living conditions;

81.3. the opinion of the person in out-of-family care or trusteeship regarding the relations with parents and other relatives;

81.4. the opinion of the guardian (trustee) regarding the administration of guardianship (trusteeship); and

81.5. the opinion of persons in a single household with a person in guardianship or trusteeship regarding the relations with the person in guardianship or trusteeship.


82. The Orphan’s Court shall ascertain regarding the composition and state of the property of the person in guardianship or trusteeship at least once a year.
83. The Orphan’s Court shall draw up the act regarding inspection of the property where the following shall be indicated:

83.1. the information regarding the conformity of the composition of the property with the inventory of the property;

83.2. the information regarding the changes in the state of the property in comparison with the previous period; and

83.3. the recommendations of the surveyors regarding administration of the property, if any are required.


84. Prior to the taking of a decision regarding the change of the type of out-of-family care, as well as prior to the return of a child in the care of parents, the Orphan’s Court shall explain to a child the activities to be performed and ascertain the opinion of a child, if a child can state his or her opinion.

IX. Supervision of the Property of a Person Under Guardianship or Trusteeship
85. The Orphan’s Court shall entrust to the assigned guardian (trustee) to draw up the inventory of the property of a person under guardianship or trusteeship. In drawing up the inventory of the property, the inspection of the property shall be carried out, as well as existing debts shall be ascertained if such is possible. The inventory of the property shall not be drawn up, if it has been drawn up by the court bailiff.
86. The Orphan’s Court shall check the inventory of the property after the receipt thereof, shall hear the guardian (trustee), if necessary, shall provide instructions to the guardian (trustee), on how to act with the property transferred to him or her, and what to do in order to regain the property, if any, in the possession of third persons and which is owned by the person under guardianship or trusteeship.
87. The sale of property for market prices shall be organised by the guardian (trustee). A guardian (trustee) shall submit to the Orphan’s Court a draft purchase contract and valuation of immovable property prior to the sale of immovable property.
88. If a guardian (trustee) requests a permit to alienate, pledge or burden with other property rights movable or immovable property of a person under guardianship or trusteeship, the Orphan’s Court shall evaluate whether such action is legal and useful and whether it conforms with the interests of the relevant person under guardianship or trusteeship. The Orphan’s Court shall also evaluate, whether the conditions referred to in the draft purchase contract and the price of the purchase conforms with the interests of the relevant person under guardianship or trusteeship. The Orphan’s Court shall take a motivated decision after the appraisal of the referred to conditions.
89. If the sale of the property of the person under guardianship or trusteeship is legal and useful and conforms with the interests of the relevant person under guardianship or trusteeship, the Orphan’s Court shall determine whether the relevant property is to be sold at auction or for the market prices.
90. The sale of the property at auction shall be organised by the Orphan’s Court.
91. If the value of the immovable property exceeds LVL 10 000 and the Orphan’s Court has decided to sell the property, the decision of the Orphan’s Court shall be the grounds for the guardian’s (trustee’s) entering into a purchase contract.
92. Sending the case for settlement to the court, the Orphan’s Court shall indicate in the decision thereof the substantiation for the legality, usefulness and conformity of the sale of the property of the person under guardianship (trusteeship) with the interests of the relevant person under guardianship or trusteeship or the substantiation that the sale of the property of the person under guardianship of trusteeship is not legal, useful or fails to conform with the interests of the relevant person under guardianship or trusteeship.
93. The Orphan’s Court shall prepare an application for the court after the taking of a decision and together with the copies of the decision and case materials shall send it to the court for settlement.
94. If the Orphan’s Court has taken a decision regarding the permission to the sale of the immovable property the value of which does not exceed LVL 10 000, in accordance with the conditions referred to in the draft purchase contract, the guardian (trustee) shall enter into the purchase contract and shall submit a copy of the purchase contract to the Orphan’s Court.
95. The Orphan’s Court shall evaluate the conditions of the loan agreement, if a guardian (trustee) has submitted a request regarding the pledge or burden with the property rights of the immovable property the value of which does not exceed LVL 10 000 and which is owned by the person under guardianship or trusteeship, and shall decide regarding a permission or refusal to pledge or burden the immovable property with the property rights.
96. If the Orphan’s Court considers that the conditions of the contracts or draft acts of transaction submitted by a guardian (trustee) fail to comply with the interests of a person under guardianship or trusteeship, the Orphan’s Court may ask for the clarification of the conditions of the agreement, indicating what conditions are to be clarified.
97. The Orphan’s Court shall bind the decision together with the draft act of transaction after the taking of a decision.
98. After the sale (exchange) of a property or entering into the loan agreement the guardian (trustee) shall submit a settlement to the Orphan’s Court within a month from the day of entering into a transaction.

X. Closing Provisions
99. These Regulations shall come into force on 1 January 2007.
100. Chapter VII of these Regulations shall come into force on 1 August 2007.

Acting for the Prime Minister,

Minister for Regional Development

and Local Government Matters A.Štokenbergs


Minister for Children and Family Affairs A.Baštiks
Annex 1

Cabinet Regulation No. 1037

19 December 2006

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