Systemic forms of care for people with intellectual

disabilities (PID) and their parents in Slovenia

Different systemic forms of care for the PID and their parents can be presented

according to a chronological approach

• Early age – from birth to school

• School age

• Adulthood, including old age

• Lifelong

Important turning point in our case is the age of majority

• Why? It regulates relationships (rights and obligations) between all parents and their children, including the relationships between parents and children with intellectual disabilities

• Marriage and Family Relations Act

What are special features for parents of children with intellectual disabilities?

• Article 118/1 provides that:• On the proposal of parents or a social work

centre, the court may decide to extend the parental rights after the maturity, if a child is incapable of taking care of him/herself, of his/her benefits and rights due to a physical or mental disability.

Furthermore, the Act lays down that

• If a person has already reached the age of maturity and the proposal for the extension of parental rights was not filed in time, the court may grant the parental right to parents and extend it after the child’s maturity.

Special provision of the Act until last year read

• article 123/2 of the Act laid down the obligation thereto:

If a child is incapable of independent life and does not have sufficient means for subsistence due to physical or mental disability, the parents are obliged to maintain him/her in accordance with their possibilities and with the aid of the social community.

This article was omitted by the last Act Amending the Marriage and Family Relations Act!

Marriage and Family Relations Act lays down some other particularities for persons

with intellectual disability

• It states that a person with severe mental disability cannot get married

• It regulates the position of a guardian and sets the conditions for placing a person in guardianship

• Defines the issue of foster care

Marriage and Family Relations Act

and Non-litigious Civil Procedure Act

are interconnected in one part

Why?

• Article 44 of Non-litigious Civil Procedure Act regulates the withdrawal of operational capacity

• It says that the court decides on partial or full withdrawal of operational capacity of persons, including those who cannot take care of themselves, of their rights and benefits due to ‘mental retardation’.

• The Act also includes the provisions regulating the issue of who may initiate such procedures.

Position of people with intellectual disabilities at early age – pre-school period is chronologically

defined

• By Marriage and Family Relations Act

• By Parental Protection and Family Benefit Act

• By Health Care and Health Insurance Act

• By Kindergarten Act

Parental Protection and Family Benefit Act OGRS 97/2001,76/2003

• Childcare and protection leave – extended by 90 days

• Right to shorter working hours • Benefit for child care - 80 or 161 euro• Partial compensation for income loss – minimum wage + employer’s contributions to

Pension and Disability Insurance Institute are covered by the state, others by the beneficiary

The term of rights stipulated by the Act runs until the child reaches the age of 18

Part of these Acts contain implementing regulations

• Rules on criteria for claiming the benefit for child care

• Compulsory health insurance rules

• Important rules that formally no longer exist, but are still being applied are the Rules on classification and registry of physically or mentally disabled children

Position of people with intellectual disabilities in the so called training and education period

is chronologically defined • By Primary School Act

• By Placement of Children with Special Needs Act • By Health Care and Health Insurance Act• By Act Regulating the Training and Employment

of Disabled Persons • Naturally, this period is also regulated by

Marriage and Family Relations Act and Parental Protection and Family Benefit Act

Placement of Children with Special Needs Act

• Rules on organisation and method of operating relating to commissions for placement of children with special needs and to criteria for identification of type and level of deficiencies, impediments and disturbances of children with special needs

• Rules governing the procedure for placement of children with special needs

Position of people with intellectual disabilities in the adulthood is chronologically defined

• By Act Concerning Social Care of Mentally and Physically Disabled Persons

• In certain cases by Invalidity-Pension Insurance Act

• By Social Assistance Act• Health care is still ‘covered’ by Health Care and

Health Insurance Act • Partially also by Act Regulating the Training and

Employment of Disabled Persons

Special features relating to parents at least to some extent

• Marriage and Family Relations Act

• Parental Protection and Family Benefit Act

• Employment Relationship Act

• Personal Income Tax Act

• Motor Vehicle Tax Act

• Customs Act

Afore-mentioned acts are supplemented by regulations

• Rules on criteria for claiming the benefit for child care

• Rules establishing standards and norms for social assistance rights

• Regulation on eligibility for the right to customs duty relief

• Decree on annual refund fees for the use of roads to be paid by users of motor vehicles and trailer vehicles

• Rules on criteria for social housing allocation

For various combinations of parental and children rights the following are also important at least to a certain extent

• National Social Protection Programme by 2005

• Social Assistance Act

• Act Regulating Social Assistance Right Eligibility Procedure

• Tourism Development Act

• Disabled Persons Organisations Act

What changes do we expect?• Equal Opportunities Act• New Act on Rehabilitation and Employment of

Disabled Persons • Act amending Marriage and Family Relations

Act • Act on Early Detection and Treatment of

Children with Special Needs• Amendments to Social Assistance Act• Amendments to Parental Protection and

Family Benefit Act