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法規名稱(Title) Regulations for Placement of Helpless Children and Youth Ch
公發布日(Date) 2012.04.03
法規沿革(Legislative) 1.Enacted and promulgated by President Order Tai-Ne-Tong No.0930093710 on May 12, 2004
2.Amended and promulgated by Order Tai-Ne-Tong No.0960840090 on July 12, 2007 (Article 3, 4, 6 are amended)
3.Amended and promulgated by Order Tai-Ne-Tong No.1010840075 on April 3, 2012
法規內文(Content)

Article 1   These regulations are established in accordance with Paragraph 3, Article 23 of the Protection of Children and Youths Welfare and Rights Act (hereinafter called “the Act”).

 

Article 2   When medical personnel, social workers, educators, caretakers and babysitters, policemen, judiciary employees, or any personnel executing children and youth welfare learn information about helpless children and youth, they shall fill in a communication report within twenty-four (24) hours and report it to local competent authorities of the municipal or county (city) government by facsimile or through other technological telecommunications. In case of emergency, they may report it orally or by telephone, and then fill in the communication report within twenty-four (24) hours and submit it to local competent authorities of the municipal or county (city) government.

Any party other than those personnel mentioned in the previous paragraph may communicate and report issues to the local competent authorities of the municipal or county (city) government through the above ways or any other ways mentioned in the previous paragraph when learning about helpless children or youth.

 

Article 3   The competent authorities of the municipal and county (city) governments shall immediately send social workers to visit and conduct a survey when receiving the communication reports mentioned in the previous article, and take the following measures:

1. Report to the police authorities and help look for their parents or guardians if the helpless children and youth have been abandoned or are lost; to publish news to help seek missing children and youth if necessary. 

2. Place helpless children and youth with foster families, in children and youth welfare institutes, or other placement institutions and appropriate places.

3. Send helpless children and youth to medical institutions for medical checkups; cooperate with police authorities to process such cases if necessary.

4. Other necessary assistance.

 

Article 4   When the police authorities learn or receive cases in which children and youth have been abandoned or are lost, the police authorities shall not only communicate with the competent authorities of the municipal and county (city) governments for placement, but also assist in looking for their parents or guardian(s). When necessary, the police authorities shall take photographs and press finger and foot prints of the children and youth, in order to conduct investigative records and gather relevant image data.

The police authorities shall notify the local competent authorities of the municipal or county (city) government in writing for further action when finding the parents, guardian(s) or domiciliary data of the abandoned or lost helpless children and youth. In case of emergency, the police authorities may notify the local competent authorities of the municipal or county (city) government orally, by telephone or through other technological telecommunications.

 

Article 5 Upon receipt of notice of police authorities as mentioned in previous paragraph 2, the competent authorities of the municipal and county (city) governments shall request that the competent authorities of such governments visit the parents and guardian(s) of the children and youth in the area under administration, and fill in an assessment form to assess and judge the appropriateness of their family.

 

The authorities as mentioned above shall complete the aforesaid assessment in two weeks before sending the written form to the local competent authorities of the municipal or county (city) government.

The competent authorities of the municipal and county (city) governments shall notify the parents or guardian(s) to bring the children and youth back home if they believe that the parents or guardian(s) of the children and youth are capable of taking care of them according to the results of the survey and assessment.

 

In case the parents or guardian(s) are found to be incompetent or refuse to bring back the children and youth after notice, local competent authorities of the municipality or the provincial county (city) government shall transfer the children and youth to the competent authorities of the municipal and county (city) governments for placement in registered residences for children and youth, and shall process the case in accordance with Article 65 and Paragraph 1 of Article 97 of the Act. In cases allegedly involving intentional abandonment or other crimes, they shall be transferred to judicial authorities for further investigation.

 

Article 6   The competent authorities of the municipal and county (city) governments shall consult with the police authorities regarding the outcome of looking for the parents or guardian(s) if they have failed to find them after six (6) months from the day of receiving the information about the helpless children and youth. The process shall be conducted pursuant to Article 7 after obtaining a written document; however, if the parents or guardian(s) are such that the parents or guardian(s) are totally unknown, the aforesaid period of six months shall be shortened to four (4) months.

 

Article 7   The competent authorities of the municipal and county (city) governments shall process the case with the following measures by taking into account the best interest of the children and youth:

1. Commission licensed children and youth welfare institutes to engage in broker services for the adoption of the children and youth concerned.

2. Select appropriate foster families, children and youth welfare institutes or other placement institutions for the children and youth who are not adopted, with regular follow-up assessments conducted and necessary welfare services provided.

 

Article 8   After the adoption or at the end of placement of the children and youth to be adopted or placed, the competent authorities of the municipal and county (city) governments shall provide follow-up guidance and assistance for one year.

 

Article 9   The format of the report and all forms specified in the Plans shall be enacted by the Central authorized agency.

 

Article 10 These Plans shall come into force as of the date of promulgation.