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法規名稱(Title) Certain Provisions in the Amendments For the Bye- laws of the Protection of Children; Youth Welfare and Rights Act Ch
公發布日(Date) 2012.07.09
法規沿革(Legislative) 1.Promulgated on June 03, 2004

2. Amended and Promulgated by order Tai-Ne-Tong No. 1010840292 on July 9th, 2012
法規內文(Content)

Article 1:     Bye-laws are stipulated in accordance with Article 117 of the Protection of Child and Youth Welfare and Rights Act (hereinafter referred to as “the Act”).

 

Article 2:     Competent law enforcement authorities responsible for prevention of violating the law, as described in Article 7.7.6 of the Act, including inspection, advice and prevention of illegal behaviour of children and youth as described in Article 43 and 47 of the Act;  competent law authorities responsible for the prevention of breaking these laws described in Article 7.2.7, including coordinating and communication; adjustment of preventive policies and application of preventive measures against youth delinquencies.

 

Article3:       The government responsible for training of professional personnel for child         and youth welfare as described in Article 11 of the Act shall be treated as         a step above the relevant colleges, institutes, departments, faculties and degree         programs of junior high schools which don’t include this aspect in their curriculum.  They will also be commissioned to elevate to further training in the relevant         institutions, schools and organizations.

The government is responsible for regular pre-vocational and in-service training as recommended in Article 11 of the Act, which will be organized at least once annually.

 

Article 4:     The penalty fine recommended in Article 12.3 of the Act shall be used to its full extend to encourage the process of child and youth welfare.

 

Article 5:     Seven days prescribed in Article 14.1 of the Act shall be calculated from the next        day of delivering the baby, and reporting date based on report date through network        or postmark date through post mail; if neither network or post mail, reporting date is       based on receiving date of the competent agency.

 

Article 6:     Professional personnel referred to in Subparagraph 1: Article 17.2, Article 19.2        and Article 21.2 of the Act indicate all social workers, doctors, nursing practitioners, clinical and consulting psychologists as well as qualified physiotherapists and technicians.

 

 

 

Article 7:     Children and youth capable of leading a normal life as described in Articles 23.1.6 & 23.1.12 of the Act include the following:

               

1.           The ability to adapt in society, such as planning a career, aptitude to engage in a normal society, the necessary social skills and ability to handle financial management, etc.;

2.           Provision for occupational training and corresponding job options;

3.           Provision for finding accommodation, finding possible rent subsidies in the community and the relevant information, etc.

 

Article 8:    Early intervention referred to in the Act will mean a professional team of social welfare, health and education conducting an investigation for a possible case of developmental impairment in children six years old (and younger), which include their families situation. Such a child will need professional treatment, special education, medical consultation, referral, placement and other relevant services. Failure to improve after these special needs have been met will be a guide for application for providing a disability grant as described under the People with Disabilities Rights Protection Act.

  

Article 9:    Developmentally impaired children referred to in the Act indicates children who’s cognitive -; physical -; language - and communication development are below the normal average regarding psychosocial and mental development and skills, as evaluated and confirmed by psychometric testing and medical specialists appointed by the authorities before issuing them certificates.

Such assessments of said children should be repeated annually.

 

Article 10:  Competent authorities of municipality or counties (cities) government appointed to place children and youth as described in Article 23.1.8, Paragraph 1 of Article 56 or Article 62.1 of the Act shall be in compliance with the following orders as guidelines:

 

1.           The guardian family must be approved before placement;

2.           Only registered and qualified foster families are designated;

3.           A place of safety must be created for registered Placement and Educational Institutes for Children and Youth;

4.           To provide shelter to other Placement Institutes.

 

Article 11:  In case of misconduct or wrongful behaviour by children or youth referred to in Article 43.1.1 or Article 43.1.3 of the Act: competent law authorities, schools, or authorities of municipalities or counties (cities) concerned will reprimand them and give guidance as to handling these juvenile delinquents, they must notify the parents, guardian(s) or caretaker(s) of the child or youth concerned in such a matter, where appropriate, to support education.

Provision is made in Articles 43.3.1 or 43.1.3 of the Act, which requests the individual to present their identity cards; anyone without identity cards or refusal to present their identity cards, shall be rejected.

Article 12:  Responsible business people must; as defined in Article 47.1 of the Act post a sign specifying “Children and/or youth under the age of eighteen (18) are not allowed on the premises” at a visible place. In case of any doubt about the age of any customer, he/she shall be requested to present his/her identity card. Anyone without an identity card or someone refusing to present his/her identity card shall be prohibited to enter such area.

Article 13:  Children and youth who need special care as referred to in Article 51 of the Act; are those suffering from diseases, bodily injuries or disabilities who are not able to partake in daily activities of normal life.

Article 14:  Unsuitable persons as described in Article 51 of the Act indicate the following conditions:

1.           Incompetent persons;

2.           Children at age of seven and under 12 years old;

3.           Person carrying an infectious transmissible disease;

4.           A person who is severely handicapped; with a physical or mental disability;

5.           Any person who might be a danger to the safety of other children and youth in guardian care.

Article 15:  Applications for visits according to Article 60.3 must be conducted in writing. Qualified authorities of municipal or county (city) governments have to record these applications and visiting procedures.

Article 16:  The social workers described in Article 61.2 of the Act include:

1.           The social workers and social administrative staff are amalgamated or recruited and hired by competent authorities of municipal or county (city) governments;

2.           The social workers at the social welfare organizations and institutes commissioned by able authorities of municipal or county (city) governments, or licensed social workers;

3.           Social workers at medical institutions.

Article 17:  A family in adversity as described in Article 62.1 of the Act finding themselves in the unfortunate position that may cause a break-up of their normal family life should be identified by competent authorities in their residential area. Where necessary, the authorities concerned may be requested to identify such a situation.

Article 18: Competent authorities of municipal or county (city) governments must then undertake a compassionate but official case study, consultation and provide appropriate placement for children and youth according to the Act as well as give support and guidance to the afflicted families through family services.

 

When dealing with a case of children and youth pursuant to the Act, the local authority have to notify the authorities in their residential areas to provide relevant information of the case. In the event of the children and/or youth requiring continuous assistance, guidance or protection, if appropriate, the case may be transferred to the residential authority concerned.

 

Article 19:  In case of any disharmony between the families of the child/youth, fostering families or institutes for the placement of the children/youth and for the acceptance of the specific placement, experienced social authorities of municipal or county (city) governments have to coordinate and deal with the situation; children and youth may be moved to another family if they fail to adapt into the lives of the first family.

 

Article 20:  The case database of children and youth described in Article 66.1 of the Act has to record the following:

1.           Profile of children and youth as well as their families and all related parties;

2.           Description of the main issue in the case;

3.           Case analysis and assessment;

4.           Assessment on the treatment of the case;

5.           Survey and follow-up reports of the case.

 

Article 21:  The information required to identify the identities described in paragraphs 1 and         3 of Article 69 of the Act have to include a photograph of the children and youth, a recorded copy of their voices, residential addresses, names of relatives or relationships, basic information of classes and schools where they studied or are         studying.

 

Article 22:  The provision in the preceding subparagraph 3 referred to Article 69.2 of the Act mean that such events shall be delivery of public notice to children and youth who are the parties or related parties of the events in accordance with laws.

 

Article 23:  The purpose of the children and youth welfare institutes must always be under guidance and supervision of competent authorities.

 

Article 24:  Experienced authorities have to request the children and youth welfare institutions to be disciplined to submit improvement programs when notified. Such        institutes have to improve within a specific period according to Articles 105, 107 and 108 of the Act. The authorities involved in the companies must have skilled        consultants to assess and measure such improvements.

     

Article 25:  The Bye-laws will be effective from the date of promulgation.