Child’s temporary care

If during the analysis of a notification on a possible violation of child rights, the State Child Rights Protection and Adoption Service or its authorized territorial division determine a need for the child’s protection, they shall ensure a safe environment for the child by applying one of the following measures:

1) transfer of the child to the care of family members, people, who have emotional connection with the child or other people indicated by the child’s parents or their legal representatives that are able to temporarily take care of the child at the place of residence of the child and the parents or their legal representatives;

2) organization of the temporary care of the child with the family members, people, who have emotional connection with the child or other people indicated by the child’s parents or their legal representatives that are able to temporarily take care of the child at the place of residence of people providing care; 

3) organization of the temporary care of the child by placing them together with their parents or one of the parents or other legal representatives (representative) of the child, who do not pose danger to the child’s physical or mental safety, at the social services institution providing social care. 

The temporary care of the child with the family members, people, who have emotional connection with the child or other people indicated by the child’s parents or their legal representatives at their place of residence must be organized by a mutual agreement of one of the child’s parents (or both parents) and another legal representative (representatives) of the child and the people, who implement the temporary care of the child. 

If one of the parents (or both parents) and the other legal representative (representatives) of the child do not agree with the family members, with the people, who have emotional connection with the child, or other people concerning the implementation of the child’s temporary care, the child’s temporary care is organized under the procedure provided in the point 3. 

If the circumstances, due to which the need for the child’s protection was determined, shall disappear or change due to the application of one of the aforementioned measures of temporary care, the State Child Rights Protection and Adoption Service or its authorized territorial division shall terminate the application of the measure intended for the child’s protection. 

The child’s temporary care measures, when the child is in the care of a natural person (a family member, a person, who has emotional connection with the child or another person indicated by the child’s parents or legal representatives), may be applied for up to 30 days (the period may be extended up to 30 days). The child’s temporary care measure, when the temporary care for the child is applied together with one or both of the parents or other legal representatives in a social services institution providing social care, may be applied as necessary, but for a period no longer than 12 months. 

The child’s temporary care is terminated if:

•    the reasons, due to which the need for the child’s protection was determined, no longer exist and the family no longer pose any  real danger to their physical or mental safety, health or life; 
•    during the temporary care of the child, all possible measures of assistance for the family and (or) the child have been exhausted and were ineffective, and (or) the child’s parents or other legal representatives do not put any effort, do not change their behaviour or refuse to accept the assistance proposed to the family and (or) the child, and the real danger for the child’s physical or mental safety, health or life in the family persists, the Service or its authorized territorial division initiates the process of determination of the child’s temporary care (guardianship); 
•    the Service or its authorized territorial division initiates the determination of the child’s care (guardianship) on the grounds provided in articles 3.254(1), 3.254(2) or 3.257 of the Civil Code; 
•    the child becomes of age or is emancipated; 
•    the child dies; 
•   the period of the child’s temporary care comes to an end and is not extended (if the child’s temporary care is organized having determined the need for the child’s protection); 
•  the child’s temporary care is extended and the period comes to an end (if the child’s temporary care is organized having determined the need for the child’s protection). 

Child’s temporary care at parents’ request

Since 1 January 2020, the child’s parents or other legal representatives, in a case of important reasons (for example, treatment, employment, professional or voluntary activity outside the territory of the Republic of Lithuania, etc.), have the right to demand the determination of the child’s temporary care at parents’ request. 

The child’s parents or other legal representatives, who request for temporary care to be determined for a child that they represent, must submit the following documents to the municipality administration of their place of residence (by visiting the municipality administration, by registered mail or by electronic means): 

1. the request to determine the child’s temporary care with the child’s family members, people, who have emotional connection with the child or other people indicated by the child’s parents or their legal representatives for a period no longer than six months from the day of determination of the child’s temporary care; 

2. the extract from the child’s entry of birth or a copy of the document attesting the child’s identity under the procedure provided by laws (if the request is submitted directly to the municipality administration, the extract from the child’s entry of birth or the document attesting the child’s identity, which, having made its copy, shall be returned to the person, who has submitted the request); 

3. copies of documents attesting the identity of parents or other legal representatives of the child certified under the procedure provided by legal acts (if the request is submitted directly to the municipality administration, the document attesting the identity, which, having made sure of the identity of the person submitting the request, shall be returned to them); 

4. copy of document attesting the identity of the person, who is able to provide temporary care for the child, certified under the procedure provided by legal acts; 

5. documents (or their copies certified under the procedure provided by legal acts) that prove the reasons, due to which it is requested to determine the child’s temporary care (e.g., a certificate issued by a medical facility, documents of employment, professional or voluntary activity outside the territory of the Republic of Lithuania (copies of employment contract, service provision contract, letter attesting employment, secondment, copies of order attesting internship or participation in professional or voluntary program and its duration, copies of decree, invitation, etc.); 

6. if the child’s temporary care is requested not by the child’s parent, but by other legal representatives (carers (guardians)): a copy of the court order concerning the appointment of the child’s carer (guardian) or a copy of the order of the Director of Administration concerning the appointment of the child’s temporary carer (guardian). In this case, the request concerning the determination of the child’s temporary care at the request of the child’s parents or other legal representatives shall also be submitted to the municipality administration of the child’s place of residence and the territorial division of the Service of their place of residence no later than 10 business days before the requested day of determination of the child’s temporary care.

The request to the municipality administration must be submitted no later than 10 business days before the requested day of determination of the child’s temporary care. In a case of objective reasons, for example, if the health of the child’s parents or other legal representatives shall unexpectedly deteriorate, due to prescribed urgent treatment, due to urgent departure, etc., the request may be submitted and analysed no later than within 5 business days from the day of reception of the application by submitting documents (and their copies certified under the procedure provided by legal acts), which attest the presence of such reasons (e.g., a certificate issued by a medical facility, documents of employment, professional or voluntary activity outside the territory of the Republic of Lithuania (copies of employment contract, service provision contract, letter attesting employment, secondment, copies of order attesting internship or participation in professional or voluntary program and its duration, copies of decree, invitation, etc.).

If the child’s temporary care was determined at the request of the child’s parents or other legal representatives and the reasons, due to which the child’s parents or other legal representatives were unable to temporarily take care of them, shall no longer exist, the child’s parents or other legal representatives must immediately, but no later than within 3 calendar days, notify the municipality administration in writing or by electronic communication means. 

We would like to draw you attention to the fact that the temporary care shall be established for a period no longer than six months. If, at the expiry of the provided period, the child’s parents or other legal representatives do not accept the child’s care from their temporary carer, the person providing temporary care for the child must notify the municipality administration thereof immediately, but no later than on the next business day from the end of the period of determination of the child’s temporary care, in writing or by electronic communication means (to indicate the child’s first name, surname and date of birth, first names, surnames, available contact details (telephone number, e-mail address) of the child’s legal representatives). 

More information on the procedure of organization of the child’s temporary care is provided in the Description of the Procedure of the Child’s Temporary Care.