Chapter 6
in forceSecure youth care for serious growing-up and parenting problems
Section None
Secure youth care for serious growing-up and parenting problems
This chapter applies to minors, as well as to youths who are eighteen years of age and in respect of whom, at the time they reached the age of…
The children's judge may, upon petition, grant an authorisation to have a minor admitted to and reside in a closed facility.
The juvenile judge may, if an authorisation cannot be awaited, grant an emergency authorisation upon petition to have a minor, with due observance of…
The juvenile judge may, upon petition, grant a conditional authorisation to have a minor placed and detained in a closed facility, with due…
The care plan, referred to in Article 6.1.4, paragraph 5, may, after the conditional authorisation has been granted, only be amended by the youth…
The youth care provider who is prepared to admit the minor to a closed facility as referred to in Article 6.1.4, paragraph 5, shall supervise…
At the petition of the legal representative or the minor, the juvenile judge may declare the amendment of the assistance plan, as referred to in…
A petition aimed at obtaining an authorisation, an emergency authorisation or a conditional authorisation shall be submitted by the board of the…
The juvenile court judge shall hear, before granting an authorization, an emergency authorization or a conditional authorization and before issuing a…
The registrar shall, without prejudice to Article 805 of the Code of Civil Procedure, send a copy of the order regarding the authorisation, the…
The decision of the children's judge is provisionally enforceable.
The youth care provider shall add a copy of the decision, referred to in Articles 6.1.2, paragraph 1, 6.1.3, paragraph 1, 6.1.4, paragraph 1 or…
By regulation of Our Ministers, rules may be established with respect to the petition (verzoekschrift) referred to in Article 6.1.8, and the…
The youth care provider who, in a closed facility, provides admission and stay to minors for whom an authorisation as referred to in Article 6.1.2…
An authorisation may only be executed in a registered closed accommodation on the basis of Article 6.2.1.
A youth care provider providing residence in a closed facility to a youth subject to compulsory education is, for the duration of the authorisation…
The youth assistance provider shall designate a youth assistance officer for each minor residing in a closed facility, shall ensure that a…
The youth assistance provider shall ensure that a minor can participate in education that aligns with their learning needs, other activities within…
A minor shall have his own room during his stay in a closed accommodation.
A juvenile has the right to wear their own clothing and footwear, unless these may pose a danger to the safety within the closed accommodation.
If a juvenile has a child, the juvenile may care for and raise the child in the closed facility insofar as the stay of the child is compatible with…
The person responsible for youth assistance shall, in consultation with the minor, draw up an assistance plan.
The assistance plan, as referred to in Article 6.2.9, paragraph 1, shall in any event include:
With a view to the safety of a minor or others, or to prevent a minor from evading the execution of the authorisation referred to in Articles 6.1.2…
With respect to a minor for whom an authorisation as referred to in Article 6.1.2, 6.1.3 or 6.1.4 has been granted, measures restricting liberty may…
A restrictive measure shall not be applied, unless:
The youth care provider shall, on the basis of the principles of Article 6.3.1.1, paragraph 2, and Article 6.3.1.2, paragraph 1, draw up a policy…
The person responsible for youth care shall not take a decision to apply a liberty-restricting measure until after he has:
If it is not possible to phase out the application of a liberty-restricting measure before the expiry of the period referred to in Article 6.2.10…
The person responsible for youth care may exercise supervision or cause supervision to be exercised over a juvenile during the stay in the closed…
The person responsible for youth care may restrict the freedom of movement of a minor during the stay in the closed facility by means of the…
The person responsible for youth care may, during the juvenile's stay in the closed accommodation, oblige a juvenile:
The person responsible for youth care may, with respect to a minor during the stay in the closed facility, restrict contacts with persons and…
In the event of a reasonable suspicion of the presence of behavior-altering substances or of objects which a minor is not permitted to have in his…
The carrier, referred to in Article 6.2.11, paragraph 1, may, with respect to a minor during such transport, exclusively apply the following measures…
With respect to a juvenile for whom an authorisation has been issued and who, in connection with this authorisation, is present in a courthouse, only…
In addition to the possibilities provided by the assistance plan to leave the closed accommodation, the person responsible for youth care may grant a…
Without prejudice to Article 4.2.3, a juvenile or the person who has authority over him may, within a reasonable period, submit a written complaint…
Pending the decision on the complaint, the chairperson of an appeals committee consisting of three members or extraordinary members, appointed by the…
The complainant may be assisted by a confidant or another person during the hearing of the complaint.
After the decision of the complaints committee or if the complaints committee has not decided in a timely manner, the complainant or the youth care…
The filing of a notice of appeal shall not suspend the enforcement of the decision of the complaints committee, except insofar as it concerns the…
The appeals committee shall issue its decision in writing as soon as possible after the petition of appeal has been received.
Any person involved in the implementation of this paragraph who, in doing so, gains access to data the confidential nature of which he knows or…
In the case of a petition (application) as referred to in Article 6.5.1, paragraph 1, the complainant may also request the complaints committee for…
A juvenile, his parents or foster parents may call upon a confidential intermediary (vertrouwenspersoon) within the closed facility. The juvenile…
The person responsible for youth care shall ensure that a decision to apply a liberty-restricting measure as referred to in Articles 6.3.2.1 to…
The youth care provider shall inform the certified institution, if the latter is executing a child protection measure in respect of the minor, as…
The youth care provider shall, for the purpose of the implementation of this Chapter and the supervision of compliance with the provisions laid down…
The youth care provider shall, at least annually, provide the officials charged with supervision pursuant to this Act with an analysis concerning the…