In Latvia persons punished for criminal acts involving violence and threats of violence will not be allowed to become guardians until their criminal record is erased or removed.
As reported by Saeima’s press-service, this measure is provided by amendments passed by the parliament in the first reading on Thursday, 28 April.
Currently the law provides that persons previously punished for crimes involving violence or threats of violence are not allowed to become guardians regardless if their criminal record is erased or removed.
Referencing the ruling of the Constitutional Court, authors of the legislative draft mention that a single count of a violent crime or threat of violence is not always proof of this person being dangerous to society and children in a long-term perspective.
It is planned that once the criminal record is erased or removed, an orphan court will have to perform an individual evaluation if a person with a prior criminal record is still a threat to a child’s safety and whether or not it is an obstacle for the person to become a guardian or continue performing duties of a child’s guardian.
For the amendments to come to force, they have to be passed by the Saeima in two more readings.