If neither of the parents or a tutor can personally care for a child, a court may entrust the child to the care of a foster parent. Foster care takes precedence over institutional care for a child.
A court may decide on foster care for the duration of an impediment preventing the parents from personally caring for the child. A parent may request that the child be entrusted back to their personal care. A court will grant the request if it is in the interests of the child. A court may decide on foster care for a temporary period.
A court may entrust a child to persons interested in foster care for pre-foster care. The court will determine its duration, taking into account the circumstances of the case, and will also supervise the course and success of such pre-foster care.
A person who is to become a foster parent must be a person who can guarantee due care, have residence in the Czech Republic, and consent to being entrusted with foster care for the child. Where the care for a child has been assumed by a relative or close person of the child (e.g. grandparents, sibling with legal capacity, aunt, uncle, neighbour, family friend), a court will prefer such a person over another person, unless this is contrary to the best interests of the child.
A child may be entrusted to joint foster care of joint foster parents if they are married. If one joint foster parents dies, the child will remain in the foster care of the surviving spouse. A court deciding on the divorce of joint foster parents will not divorce this marriage until the rights and duties of the foster parents after the divorce are regulated. Joint foster care terminates upon the divorce of the spouses.
With the consent of the other spouse, a child may be entrusted to foster care of only one of the spouses. The spouse of a foster parent is also involved in the personal care for a child placed in foster care, if they live in the family household.
The parents have rights and duties with respect to the child arising out of parental responsibility, except for the rights and duties imposed by a statute upon a foster parent, unless a court decides otherwise for reasons deserving special consideration. The parents have the right to personal and regular contact with the child, as well as the right to information about the child, unless a court decides otherwise for reasons deserving special consideration. A foster parent is obliged to maintain, develop and intensify the sense of belonging between the child and their parents, other relatives, and close persons of the child. They are obliged to allow both parents to have contact with the child in their foster care.
Entrusting a child to foster care does not affect the duration of the parents’ maintenance and support obligation towards the child. A court will determine the extent of the parents’ maintenance and support with regard to their possibilities, abilities and property relations, and the justified needs of the child.
A foster parent is obliged and entitled to personally care for the child. A foster parent will reasonably perform the rights and duties of parents in the upbringing of the child. They are obliged and entitled to decide only on common matters of the child, to represent the child in these matters, and to administer their property. They have a duty to inform the child’s parents about important matters relating to the child. If required by the circumstances, a court will determine additional rights and duties of a foster parent.
Foster care ceases no later than when the child acquires full legal capacity, or otherwise when the child reaches the age of adulthood (18 years of age).