Reintegrarea minorilor ulterior dispunerii măsurilor speciale de protecţie. Abandonul de familie în contextul interesului superior al minorului
Reintegration of the minors after the disposal of the special measures of protection. The family abandonment in the context of the best interest of the minor

Summary/Abstract: The socioeconomic reality of the last decades had as primary consequence the deterioration of the family relations and, the transfer from the countryside, from the patriarchal family, grouped around the land and seen as a community of patrimony type to the elementary family, independent of the rest of the relatives, including a husband wife children, has generated, unfortunately, the need of the legislative intervention in special purposes designated for the care and development of the child, lacking, temporarily or definitively, the protection of the parents or of the child that cannot be left in their attending in order to protect his interests. The principle of free circulation of the persons and services has generated a subsidiary cause that amplified, most of the times, the need of the intervention of the state for the purpose of protecting the persons in a special situation, the measures, the acts and services designated for the care and development of the child lacking, temporarily or definitively the protection, being challenged, with notorious title, especially in the situations when the parents or those that from the legal or moral point of view had the obligation of attendance, chose to depart from them, paradoxically, to assure them “a better life”. In the content of the present study, after we will present the structure of the institutions from the theoretical point of view, proposing, where it is the case, the legislative modifications needed, we want to clarify, including by reporting to the practical valences of the texts of the law, to what extent the desire to reintegrate the child in the family, after the disposal of the measure of special protection, can be accomplished or not, even in those situations when, the state of affairs that imposed the taking of the special measure of protection is the reason for the appealing to the penal responsibility for the family abandonment.

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