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法規名稱(Title) Regulations for Reporting and Processing Protection of Children and Youth Ch
公發布日(Date) 2012.05.30
法規沿革(Legislative) 1.Promulgated by Order Tai-Ne-Tong No.0930093751 on Apr 8th, 2004
2.Amended and promulgated by Order Tai-Ne-Tong No.0940098710 on Mat 28th, 2005

3.Amended and promulgated by Order Tai-Ne-Tong No. 1010840133 on May 30, 2012, and effective from the date of issue.
法規內文(Content)

 

 

Amended provisions

Article 1 These regulations are stipulated pursuant to Paragraph 4, Article 53 of the Protection of Children and Youths Welfare and Rights Act (hereinafter referred to as the Act).  

 

Article 2 When medical personnel, social workers, educators , care givers, policemen, village officers and any personnel executing the children and youth welfare on duty learn information about children and youth that require protection, they shall fill out a communication report in no less than twenty-four (24) hours and report it to competent authorities of the municipal or county (city) government by internet, facsimile or through other technological telecommunications. In case of emergency, they may report orally or by telephone, and fill out the communication report within twenty-four (24) hours from the moment of knowing and then submit it to competent authorities of the municipal or county (city) government.

The preceding reporting personnel shall include reasons for reporting, any condition violating provisions in each subparagraph of Paragraph 1, Article 53 of the Act, basic data of the children and youth and any other relevant information in their reports.

 

Article 3 Any party other than those personnel mentioned in the previous paragraph may communicate and report to competent authorities of the municipal or county (city) government through the ways mentioned in the previous paragraph or any other ways when learning about children and youth requiring protection. 
 
Article 4 Competent authorities of the municipal or county (city) government shall immediately assign social administrative, health administrative, educational or police administrative units, etc. to handle the situation no later than twenty-four (24) hours after learning of or receiving such reports in the preceding two articles. 
The preceding handling shall be based on face to face visits with the children and youth concerned.
Competent authorities of the municipal or county (city) government shall assign social workers to visit children and youth for the assessment of security, and submit a survey report within four (4) days dated from the first working day after accepting such cases.
 
Article 5 Competent authorities of the municipal or county (city) government knowing of or receiving reports subject to events as specified in subparagraphs 1 and 2, Paragraph 1, Article 53 of the Act shall immediately conduct an investigation in company with local police authorities and provide necessary disposal and assistance depending on the requirements of each case.
In the event that the preceding reports concerned are cases seized by police authorities, competent authorities of the municipal or county (city) government shall, at their discretion, handle such cases in accordance with provisions in Articles 55, 71, 91, 96 and 102 of the Act.
 
Article 6 In the event that children and youth require emergency placement in accordance with Paragraph 1, Article 56 of the Act, competent authorities of the municipal or county (city) government shall report in writing to the local court and police authorities and notify children and youth’s parents and guardians. In case there are no parents or guardians concerned or any obvious difficulty on notice, such notice shall not be carried out. 
If children and youth require emergency placement are students at school, competent authorities of the municipal or county (city) government shall additionally notify in writing schools and educational authorities based on enrollment of children and youth. 
During the period ruled by the court to be continuous placement for children and youth, the person who executes guardianship according to the laws shall regularly fill out a care guidance report for the children and youth concerned and submit it to competent authorities of the municipal or county (city) government to make reports subject to the progress of individual cases before delivering it to the local court for reference.     
 
Article 7 Competent authorities of the municipal or county (city) government shall assess any necessity of continuous placement before expiry of the 72-hour emergency placement of children and youth; if the causes of placement still remain and they are temporarily unavailable to return home, the competent authorities shall apply for the court to rule for continuous placement; if the causes of placement are eliminated, children and youth shall be delivered to their parents, guardians or other current care givers.
If the preceding children and youth are students at school, competent authorities of the municipal or county (city) government shall notify in writing schools and educational authorities based on enrollment of children and youth.  
 

Article 8 During the period ruled by the court to be continuous placement for children and youth requiring emergency placement, competent authorities of the municipal or county (city) government shall apply for extended placement to the court seven days prior to expiry of placement, if necessary, after evaluating the necessity of extended placement no later than fifteen days before expiry of placement. Application of re-extended placement shall be applicable.

 

Article 9 At the end or cancellation of the placement of the child or youth, the competent authorities of the municipal or county (city) government shall undertake regular follow-up and guidance for at least one year and make reports.

 

Article 10 Treatment programs for children and youth’s families presented by competent authorities of the municipal or county (city) government pursuant to Paragraph 1, Article 64 of the Act shall be managed by social workers in accordance with individual cases to combine with the relevant resources for the relevant treatment services.

 

Article 11 Competent authorities of the municipal or county (city) government that conducted treatment program for two full years subject to children and youth requiring placement according to provisions in the preceding article shall, pursuant to provisions in Article 65 of the Act, present long-term guidance program for children and youth after assessing that the children and youths families have not been rebuilt or have been invalidly rebuilt, causing children and youth not to return home.
The preceding long-term guidance program shall be managed by social workers in accordance with individual cases, including long-term placement, permanent placement, adoption or youths independent living project.
 
Article 12 Competent educational authorities of the municipal or county (city) government shall offer assistance to children and youth under protection in these regulations when they transfer to other schools; if necessary, they are allowed to transfer enrollment without transferring domiciles; schools that children and youth transfer in and out of shall cooperate not to disclose identifying information of individual cases. 
 
Article 13 Competent authorities of the municipal or county (city) government shall apply for a civil protection order on behalf of children and youth under protection in these regulations, who are applicable to the Domestic Violence Prevention Act.
  
Article 14 Competent authorities of the municipal or county (city) government where the children and youths domiciles are located shall be in charge of reporting cases referred to the emergency conditions specified in Paragraph 1 of Article 2. If children and youth are moving or have been missing, competent authorities of the municipal or county (city) government that accepted the first report shall handle the situation accordingly. 

Reporting cases other than the preceding cases shall be handled by competent authorities of the municipal or county (city) government that accepts the reports. If reporting cases for children and youth are accepted by more than two competent authorities of the municipal or county (city) government, competent authorities of the municipal or county (city) government in which children and youths residences are located shall handle the case accordingly.

Reporting cases handled according to the preceding two subparagraphs shall be transferred to competent authorities of the municipal or county (city) government in children and youth’s residence locations for the following treatment or guidance depending on the demands of the cases; children and youth without residences shall be transferred to competent authorities of the municipal or county (city) government in the children and youth’s domiciles.

 

Article 15 If children and youth have any condition in Paragraph 1, Article 53 of the Act, police authorities, children and youth welfare institutes, medical institutions or schools shall provide children and youth with appropriate protection and care before competent authorities of the municipal or county (city) government handle the case; children and youth in need of medical treatment shall be sent to the hospital; any breach of criminal laws or suspicion of breach, or situation of being murdered shall be reported to police authorities. Police authorities shall investigate accordingly and transfer to judicial authorities, as well as notify competent authorities of the municipal or county (city) government

 

Article 16 The format of reports and all forms specified in these regulations will be designed and laid down by the central authorized agency concerned.

 

Article 17 These regulations will be effective from the date of promulgation.