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法規名稱(Title) Article 50-1 of Children and Youth Welfare Act Ch
公發布日(Date) 2010.05.12
法規沿革(Legislative) 中華民國97年05月07日華總一義字第09700053471號令修正公布(修正第30條及58條)
中華民國97年08月06日華總一義字第09700147761號令修正公布(修正第20條)
中華民國99年05月12日華總一義字第0990117321號令修正公布(增訂第50條之1)
法規內文(Content)  

 

CHILDREN AND YOUTH WELFARE ACT

 

Promulgated by President order Hwa Tsung (1) Yi No. 09200096700 on May 28th , 2003

Amended and promulgated by President Order Hwa Tsung (1) Yi No.09700053471 on May 7th 2008, (the Amendment on Article 30, 58)

Amended and promulgated by President Order Hwa Tsung (1) Yi No.09700147761 on Aug 6th 2008, (the Amendment on Article 20)

Promulgated by President Order Hwa Tsung (1) Yi No. 0990011732 on on May 12, 2010

Chapter I – Generalities

Article 1

The Law is established to protect the interests and rights of children and youth and to improve their welfare in order to help the development of physical and mental integrity of the children and youth.

 

The provisions of this Law are applicable to the welfare of children and youth unless otherwise not stated herein, the relevant laws and regulations shall apply.

 

Article 2

The children and youth as defined in the Law means the individuals under age of eighteen (18), while the children are defined as the persons under age of twelve (12), and the youth represents the individuals at age of twelve (12) and under age of eighteen (18).

 

Article 3

The parents or guardian(s) shall take responsibility to protect and educate the children and youth, as well as to coordinate and assist with any measures or steps adopted in accordance with this Law by the authorities concerned, competent authorities or institutions and associations for children and youth welfares.

 

Article 4

The government, public and private institutions or groups shall help the parents or guardian(s) of children and youth to protect the health of children and youth and to help them in physically and mentally healthy development.  Necessary services and measures shall be provided to any children and youth who require protection, aid and assistance, counseling and guidance, treatment, early treatment, physical and mental rehabilitation and other special assistance.

 

Article 5

When dealing in the affairs related to children and youth, the government, the public and private institutions or groups shall take into account the best interest and advantage of children and youth as priorities.  The protection, aid and assistance to children and youth shall be at first priority.

 

Government shall provide necessary protection and assistance in the event that the interests and rights of children and youth are abused.

 

Article 6

The authorities concerned as stated in this Law are the Ministry of Interior (MOI) with the framework of central government, the municipal government at municipal level and the county (city) governments at county (city) level.

 

The authorities concerned defined in previous paragraph shall establish Bureau for Children and Youth Affairs at central government, while the municipality and county (city) governments shall set up a department/service responsible for children and youth welfares at municipal and county (city) level.

 

Article 7

The tasks stated below are governed by the authorities concerned at central government save that those involving the functions and tasks of other competent authorities at central government shall be governed by the relevantly competent authorities and their rules concerned shall be observed:

1.     Planning, establishment, propaganda and publicity on the national policy, regulations and approaches of children and youth welfare;

2.     Supervision, monitoring and coordination on implementation of children and youth welfare by the municipal and county (city) governments;

3.     Budgetary allocation and subsidies in children and youth welfare at central government;

4.     Planning and awards on children and youth welfare businesses and establishment of evaluation and assessment;

5.     Designing the training program for professionals in children and youth welfare;

6.     Communications, exchange and cooperation of international children and youth welfare businesses;

7.     Planning on protection of children and youth;

8.     Establishing, supervision and guidance on central or national children and youth welfare institutions;

9.     Other matters related to planning and supervision on national children and youth welfare.

 

Article 8

The tasks stated below are governed by the municipal and county (city) authorities concerned save that those involving the functions and tasks of other competent authorities at local government shall be governed by the relevantly competent authorities and their rules concerned shall be observed:

1.     Planning, establishment, propaganda and publicity, and implementation of municipal and county (city) policy, self-governance rules and approaches on children and youth welfare;

2.     Implementation of policy, regulations and approaches on central children and youth welfare;

3.     Implementation of training program for professionals in children and youth welfare;

4.     Implementation on protection of children and youth;

5.     Establishment, supervision and guidance on children and youth welfare institutions at municipal and county (city) levels;

6.     Planning and supervision on other matters relating to youth and children welfare at municipal and county (city) levels.

 

Article 9

The authorities concerned and all competent authorities within their competence shall actively design the welfare works based on the needs of children and youth by allowing and respecting the difference of pluralistic cultures, and shall strongly work in partnership with any parties, organizations or associations involving in children and youth welfare.

 

The responsibilities of authorities concerned and all competent authorities are laid down as follows:

1.     Authorities concerned: in charge of design and establishment of children and youth welfare laws, regulations and policies, welfare works, welfare businesses, professional training, protection of children and youth, parental education, as well as establishment of welfare institutions;

2.     Health authorities: in charge of women and infant health care, eugenic health care, early treatment for children with retarded development, mental health care, medical care, rehabilitation and health insurance of children and youth;

3.     Education authorities: in charge of children and youth education and its funding, special education, nursery education, children and youth schooling, family education, social education and children care services after school, and any related works;

4.     Labor authorities: in charge of vocational training, employment, and protection of labor conditions for youth at age of fifteen (15) and up;

5.     Construction, public work and fire brigade authorities: in charge of building management, public facilities, public safety, building environment and surroundings, fire fighting facilities management, recreational facilities in children and youth welfare institutions, and any related works;

6.     Policing authorities: in charge of protecting physical safety of protected child and youth, searching for missing child and youth, and any related works;

7.     Transport authorities: in charge of traffic safety for children and youth, inspection on kindergarten vans, and any related works;

8.     Press authorities: in charge of protection on the reading and audiovisual rights of children and youth, planning and implementation of classification on mass media, and any related works;

9.     Household administration authorities: in charge of identities and domiciles information of children and youth;

10.  Finance authorities: in charge of tax relief of children and youth welfare institutions, and any related works;

11.  Any other measures relating to children and youth welfare shall be developed and established by each competent authority within its authority and competence.

 

Article 10

The authorities concerned shall form a consultancy or advisory committee in order to coordinate, study, review, advise and promote the children and youth welfare policies.

 

The committee defined in previous paragraph shall have the administrative leader as chairman and be constituted of scholars, experts and representatives of civilian groups, of which the number shall not be less than a half of the total number of the committee members.  The committee shall convene meetings at least four times per year.

 

Article 11

The government, public and private organizations and groups shall train and foster professionals in children and youth welfare by organizing regular pre-vocational training and on-job training courses.

 

Article 12

The financial resources of children and youth welfare include:

1.     Annual budget of governments at all levels and social welfare fund;

2.     Private or group contribution and donation;

3.     Penalties charged according to this Law;

4.     Other revenues.

 

Chapter II – Identity and Rights

Article 13

The midwife shall communicate the birth information with household and health authorities within seven (7) days of the childbirth.

 

The midwife shall communicate with the authorities mentioned in previous paragraph, albeit no complete information to be communicated for this birth information.  The household authorities shall process in accordance with relevant regulations upon receipt of the information communicated.  Whenever necessary, they may request assistance of authorities concerned, policing and other competent authorities.

 

The form for childbirth communication will be developed and formulated by the central health authorities.

 

Article 14

The adoption of child and youth recognized and approved by the court shall be based on the best interests of the child and youth concerned by measuring and assessing the personalities, financial ability, family conditions of the adopters and referring to their records of looking after or guarding other children and youth in order for a proper decision.

 

When the child and youth at age of seven (7) are adopted, their desire shall be respected.  In case the child or youth concerned disagrees, the court shall not recognize and approve the adoption unless the adoption is ensured to meet the best interests of the child or youth to be adopted.

 

Prior to recognizing and approving the adoption, the court may allow the adopter(s) living together with the child or youth to be adopted for a specific period that may be referred when the court makes decision on recognition and approval of the adoption.  During the period of living together, the adopter(s) shall be liable to exercise or assume the obligations and duties on the child or youth concerned.

 

Prior to recognizing and approving the adoption, the court may order the authorities concerned or the children and youth welfare institution(s) conduct interview and visit the adopter(s) and submit a report with suggestions.  The adopter(s) or interested parties of the adoption may also submit relevant information or evidences for references and assessment by the court.

 

When conducting the interview and visit as stated in previous paragraph, the authorities concerned or the children and youth welfare institution(s) shall examine and evaluate whether it is necessary to have the adoption and provide necessary assistance.  If the adoption is found unnecessary, they should suggest the court not to recognize and approve the adoption.

 

Prior to the recognition and approval of adoption on the abandoned child or youth, the court shall order the authorities concerned to investigate and examine the identity information of the child or youth concerned.

 

In case the mother and father have different views on the child or youth to be adopted, or one of the parents cannot be located, one of the parents may request for recognition on adoption by the court.  After investigation conducted and considering the adoption satisfying with the best interests of the child or youth to be adopted, the court may recognize and approve the adoption.

 

Whether recognizing or overruling the application of adoption on the child or youth, the court shall notify in writing the authorities concerned of its decision.  The authorities concerned shall conduct a necessary interview and visit or take other measures, and prepare a report.

 

Article 15

When the adoption of the child or youth is recognized and approved by the court, the adoptive relationship may be dated back and become effective at the signature of adoption agreement.  In case of no such written agreement, the adoptive relationship shall become effective at the time of filing the application to the court.  In case of probationary adoption, the adoption may become effective from the date of living together.

 

After application for recognizing and approving the adoption and before the decision made by the court, the child or youth to be adopted is deceased; the proceeding on the application will be concluded.  In case the adopter passes away, the court shall order the authorities concerned or its agent to conduct investigation and submit report with suggestions.  When the court considers that the child or youth to be adopted may benefit from the adoption, it may decide to recognize and approve the adoption, of which the effect is in accordance with the provisions in previous paragraph.

 

Article 16

The interested parties or authorities concerned may request for termination of the adoption in case the adoptive parents treat the adopted children in following conditions:

1.     Any behavior as defined in the provisions of article 30;

2.     Violation on the provisions of paragraph 2of article 26 or paragraph 2 of article 28.

 

Article 17

The central government authority shall establish or empower the children and youth welfare institutions to establish a center of adoption databank by keeping the files on the identities and health of adopting parties, adopters, and children and youth to be adopted.

 

The center of adoption databank or its employees or staff processing the adoptions shall protect the privacy of parties concerned and keep confidential on the information.  No such information shall be disclosed to any third party without prior consent or request by law.

 

The central government authority shall formulate the guidelines on governing and use of the information range and resources.

 

Article 18

In case the parents or guardian(s) are unable to fulfill the duties and obligations to rear their children or youth, they may authorize the children and youth welfare institutions that provide adoption services to search for the proper adopter(s) on their behalf before applying for recognition and approval of adoption to the court.

 

The welfare institutions mentioned in previous paragraph may conduct in advance an interview and visit for measuring the necessity of adoption upon receipt of the adoption request.  When confirming the necessity of adoption, the institution(s) shall provide guidance and assistance with the adoption herein through fostering, probationary adoption or any appropriate placements.

 

The central government authority shall formulate and establish the procedures for permit, management, withdrawal, and adoption media of the adoption services engaged by the children and youth welfare institutions.

 

Chapter III – Welfare Measures

Article 19

The municipal and county (city) governments shall encourage, assist and authorize the civilian groups to undertake or undertake by themselves the following measures concerning the children and youth welfare:

1.     To establish the early communication system for children with retarded development and provide early treatment;

2.     To undertake the child care service;

3.     To provide counseling services to the children and youth and their families;

4.     To undertake parental education for the children and youth and their parents;

5.     To provide family livelihood aid or medical subsidy to the parent who is unable to rear the children under age of twelve (12) or the guarded children;

6.     To provide livelihood aid or medical subsidy to the youth without ability to make living or who is in school, and who has no dependable supporter(s) or the dependable supporter(s) is unable to maintain their livelihood;

7.     To subsidize the dependable supporter(s) who cannot afford the medical cost for premature infant, children with severe disease, and retarded development;

8.     To provide appropriate placement for the children or youth who are not suitable to be educated at home or runaway children or youth;

9.     To provide appropriate placement for the children or youth without support;

10.  To provide appropriate placement for the mother who is unmarried and becomes pregnant or suffer from the baby delivery and her infant;

11.  To offer proper recreation, leisure and culture activities for children and youth;

12.  To undertake child care after school;

13.  Any services related to the children and youth welfare and their families.

 

The central government authority shall establish and formulate the approaches of processing the communication, search, placement methods and elements, tracking of the children and youth without support mentioned in paragraph 9.

 

The childcare after school stated in paragraph 12 may be undertaken by the elementary schools designated by the municipal and county (city) governments.  The guidelines for dealing in such matters and personnel qualifications shall be formulated and established by the Ministry of Education (MOE) in partnership with the MOI.

 

Article 20

The government shall design and implement medical care measures for children and juveniles under the age of 18 and shall subsidize the expenses according to the economical conditions of their families whenever necessary.

 

The regulations governing the people, items, and amount to be subsidized and the procedure of the subsidy prescribed in the preceding paragraph shall be enacted by the central competent authority.

 

Article 21

The parents or guardian(s) of children with allegedly retarded development, or physical or mental disability may apply to the policing authorities for establishment of information on fingerprints of the children with allegedly retarded development, or physical or mental disability.

 

Article 22

All children and youth welfare, education and medical institutions at all levels shall communicate with the municipal and county (city) government authorities if finding any children and youth with allegedly retarded development, or physical or mental disability.  The municipal and county (city) government authorities shall establish the databank for management upon receipt of the information, and transfer to appropriate services if necessary.

 

Article 23

The governments shall provide special care, such as early treatment, medical care and schooling to the children with retarded development according to their needs.

 

The parents, guardian(s) or any party actually taking care of the children concerned, shall work together with the governments to implement the special cares to children with retarded development as mentioned in previous paragraph.

 

The mechanism of link and coordination with all services in screening, communication, evaluation and assessment, treatment, and education shall be developed and formulated by the central government authority in partnership with health and education authorities.

 

Article 24

The children and pregnant women shall be entitled to first priority care.

 

Both public and private transport and medical services shall provide the children and pregnant women with first priority care.

 

Article 25

The youth at age of fifteen (15) who desires for advance study or employment shall be guided and counseled by the education and labor authorities according to his/her aptitude and desire to conduct advance study or receive vocational training or employment.

 

The employer shall provide the youth workers at age of fifteen (15) with training opportunities.  The labor authorities shall award the merits to any businesses with good performance herein.

 

Chapter IV – Protective Measures

Article 26

Children and youth are prohibited from the following conducts or behaviors:

1.     Smoke, drink alcohol or chewing betel nut;

2.     Use of drugs, illegal use of prohibited substances or any substances that are harmful to physical or mental health;

3.     Watch, read, listen or use the publications, pictures, videotapes, films, compact discs, disks, electronic signals, games software, internet or other products with contents of violence, sexual passion, obscenity, gambling that are harmful to physical or mental health;

4.     To drive on the road or participate in dangerous ways of competing to drive, play or zigzagging on the road.

 

The parents, guardian(s) or any parties who actually look after the children and youth shall prohibit them from conducting in behaviors defined in previous paragraph.

 

No party shall supply and provide any substances or products mentioned in paragraph 1 to the children and youth.

 

Article 27

Publications, computer software, and Internet shall be classified.  Any products that are harmful to physical and mental health of children and youth as recognized by the competent authorities shall be also classified.

 

The products that are classified as restricted are prohibited from renting, selling, diffusing, broadcasting, or publicly displaying to children and youth.

 

The guide for classification as stipulated in paragraph 1 shall be developed and formulated by the competent authorities.

 

Article 28

The children and youth are forbidden to go to any place that are recognized by the competent authorities as a place harmful to their physical and mental health, such as pubs and bars, special coffee or tea shop, restricted electronic game playing shop, or other places involving in gambling, sexual passion, or violence.

 

The parents, guardian(s) or any parties who actually look after the children and youth shall prohibit them from going to such places mentioned in paragraph 1.

 

The responsible person of such places and their employees shall refuse the children and youth to enter into such places.

 

Article 29

The parents, guardian(s) or any parties who actually look after the children and youth shall prohibit them from working as waiters in the places stated in article 28, or engaging in any dangerous, improper works or any works that may damage or affect their physical or mental health.

 

No one shall use, employ, seduce or force the children and youth to undertake the works as stipulated in previous paragraph.

 

Article 30

No one shall treat the children and youth with following behaviors:

1.     Abandon;

2.     Physical and mental mistreatment;

3.     Request the children or youth to conduct any harmful activities damaging their health or fraudulent behaviors;

4.     Make use of children or youth with physical or mental disability, or with special appearance for exhibition;

5.     Make use of children or youth to beg;

6.     Deprive of or prevent children or youth from receiving national education;

7.     Force children or youth to marry;

8.     Abduct, kidnap, trade, mortgage the children or youth, or guarantee based on the children or youth;

9.     Force, seduce, maintain or introduce the children or youth to have obscenity or sexual intercourse;

10.  Supply the children or youth with knives, guns and weapons, ammunition, or any other harmful products;

11.  Use the children or youth to produce or film the publications, pictures, videotapes, films, compact discs, disks, electronic signals, games software, Internet or other products with contents of violence, sexual passion, obscenity, gambling that are harmful to physical or mental health;

12.  Violate the provisions of media classification and provide or broadcast the children or youth with any the publications, pictures, videotapes, films, compact discs, disks, electronic signals, games software, internet or other products that are harmful to physical or mental health;

13.  Lead or seduce the children or youth to go to the places where are harmful to their physical or mental health;

14.  Force, seduce, maintain or introduce the children or youth to commit suicide;

15.  Any other improper treatment to the children and youth, or use the children or youth to commit crime or misbehave.

 

Article 31

The pregnant women shall not smoke, drink alcohol, chew betel nut, use drugs, prohibited substances, or conduct in any behavior that may harm the growth of fetus.

 

No one should force, seduce or attempt in any other ways to make the pregnant women conduct any behavior that may harm the growth of fetus.

 

Article 32

The parents, guardian(s) or any parties who actually look after the children and youth shall not leave children alone in a surrounding where may endanger or harm them.  Children under age of six (6) or, children and youth requiring babysitting or special care shall not be left alone or be sit by any individuals who are not suitable to take care of them.

 

Article 33

In following cases, the children and youth shall be assisted, guided by relevant institutions if their parents, guardian or any parties who actually look after them file application or agree to do so and the municipal and county (city) authorities concerned may coordinate with appropriate institutions to assist, guide or place them.

1.     To violate provisions of paragraph 1 of article 26, paragraph 1 of article 28, or engage in any works prohibited in paragraph 1 of article 29, while the parents, guardian(s) or any parties who actually look after them attempt utmost to stop and prohibit but fail.

2.     Serious misbehavior, and misconduct with violence, after the parents, guardian(s) or any parties who actually look after them attempt utmost to correct but fail.

 

All necessary living expenses, healthcare cost, schooling costs and any other expenses incurred from the assistance, guidance or placement by the institutions mentioned in previous paragraph shall be borne by the dependable supporters.

 

Article 34

In case the medical personnel, social workers, educationalists, babysitters, police, judiciary personnel, and any other parties implementing children and youth welfare learn that the children or youth fall in following cases, they should communicate immediately with the municipal and county (city) authorities not later than twenty-four (24) hours:

1.     Use of drugs, prohibited substances or any other substances harmful to his/her physical or mental health;

2.     Work as waiters as defined in paragraph 1 of article 27;

3.     Suffer from the behaviors as stated in article 30;

4.     Fall in conditions as defined in paragraph 1 of article 36;

5.     Suffer from any other injure.

 

Anyone who learns the cases of children and youth as mentioned in previous paragraph shall communicate immediately with municipal and county (city) authorities.

 

Upon learning or receiving the communication on first two cases, the municipal and county (city) authorities shall process with the cases immediately not later than twenty-four (24) hours.  The person in charge shall submit a report concerning his/her investigation on the cases.

 

The operations for communication and processing as stated in paragraphs 1 and 2 shall be developed and formulated by the central government authority.

 

The identity information of the communicator as mentioned in paragraphs 1 and 2 shall be kept in confidential.

 

Article 35

In case the children or youth suffer venereal diseases, or alcoholic or drug abduction, their parents, guardian(s) or any parties who actually look after them shall assist them with medical care, or the municipal and county (city) authorities in partnership with health authorities shall help them to accept medical treatment.  The assistance from policing authorities may be required if necessary.

 

The cost for treatment as mentioned in previous paragraph shall be borne by the parents or guardian(s) of the children or youth, unless the medical treatment is under coverage of national health insurance or may be subsidized.

 

Article 36

In case the children or youth require immediate protection, placement, or any other measures taken to prevent them from immediate danger on or endangering their life, body or freedom, the municipal and county (city) authorities shall take emergency actions to protect, place or deal in their cases:

 

1.     Children or youth are not properly reared or cared.

2.     Children or youth require immediate medical care but not being treated.

3.     Children or youth are abandoned, physically or mentally maltreated, traded, mortgaged, or forced or seduced to conduct misbehavior or improper works.

4.     Children or youth suffer from any persecution that requires immediate placement in order to effectively protect them.

 

When the municipal and county (city) authorities undertaking the emergency protection, placement or any actions may request prosecutor or local policing authorities to assist.

 

Concerning the placement of children and youth as mentioned in paragraph 1, the municipal and county (city) authorities may make necessary arrangement on family fostering or escorting to proper children and youth welfare institutions or other placement institutions for raising and teaching.

 

Article 37

The municipal and county (city) authorities conducting emergency placement in accordance with provisions of previous article shall communicate with district court concerned and local policing authorities, and notify the parents or guardian(s) of the children and youth.  The notification may not be made in case of no parents or guardians or difficulty or impossible to notice.

 

The emergency placement shall not exceed seventy-two (72) hours.  In case of more than seventy-two (72) hours placement required in order to protect the children and youth, a request may be submitted to the court for continuing placement, which shall be limited to three (3) months.  If necessary, a request for extension of placement may be made to the court.

 

The request for continuing placement may be made by electronic mail, fax or other science and technology equipment.

 

Article 38

In case the municipal and county (city) authorities, the parents or the guardians concerned, or the children and youth placed have objection on the decisions stated in paragraph 2 of article 37.  The objection may be made within ten (10) days upon delivery of the decision.  Any decision made by the court on the objection shall not be objected.

 

During the period of making request and objection, the placement institutions, or agencies or fostering families shall carry on executing the placement.

 

In case it is not necessary to carry on the placement due to any change or to execute the decision, the municipal and county (city) authorities, the parents or the guardians concerned, or the children and youth place may apply to the court for change or withdrawal of the decision.

 

The municipal and county (city) authorities shall follow up and guide the case of the children and youth concerned for one (1) year after the expiration of placement period or withdrawal of placement in compliance with previous paragraph.

 

Article 39

During the period of placement, the municipal and county (city) authorities or the institutions for placement or fostering family shall act as parents and execute the parental duties and obligations to minor children within the scope of protecting the children and youth concerned.

 

In case the court decides to carry on the placement of the children or youth, the municipal and county (city) authorities or the placement institutions concerned, or fostering families shall select one of their members to execute the guardianship and take same parental responsibilities and duties.  The municipal and county (city) authorities shall submit the name of the person executing the guardianship to the court, and prepare report on the case execution.

 

During period of placement, the parents, guardian(s), family relatives or friends, and school teachers of the children or youth concerned may visit the children or youth concerned according to the designated time, place and way with permit of the authorities concerned.  Any one failing to follow the instructions may be prohibited from visiting by the municipal and county (city) authorities concerned.

 

When the authorities concerned issue the permit mentioned in previous paragraph, the desire of the children or youth concerned shall be respected.

 

Article 40

During the period of placement, the children or youth concerned shall not be interviewed, interrogated, interpellated or have physical check-up unless otherwise for purpose of working through the protection of children and youth.

 

The children and youth shall be escorted by social workers to be interviewed, interrogated, or interpellated, or have physical check-up.  Their privacy shall be protected.

 

Article 41

In case of any disaster or serious change in the family of the children or youth concerned that they cannot live with the family as usual, their parents, guardians or interested parties, or children and youth welfare institutions may apply to the municipal and county (city) authorities for placement or assistance.

 

In case of the placement mentioned in previous paragraph, the municipal and county (city) authorities may undertake the fostering in other families, or entrust the children and youth concerned to the children and youth welfare institutions or other placement institutions for raising and teaching.

 

The municipal and county (city) authorities, fostering families or responsible persons of the institutions concerned shall exercise the parental duties and obligations to minor children within the scope of placement of the children and youth in accordance with provisions of previous paragraph.

 

Once the family condition stated in paragraph 1 is improved, the children or youth placed may return to their families.  The authorities concerned shall undertake follow-up and counseling guidance for one (1) year.

 

With regard to the family fostering as defined in paragraph 2 and paragraph 3 of article 36, the conditions and procedures for fostering, and qualifications, permission, supervision, evaluation of fostering families and merit measures shall be developed and formulated by the municipal and county (city) authorities.

 

Article 42

When the municipal and county (city) authorities undertake placement of children and youth in accordance with paragraph 3 of article 36 and paragraph 2 of article 41, any living expenses, healthcare cost, schooling expenses and other placement costs incurred from the services provided to the children or youth concerned by the fostering family or placement institutions shall be for the account of their dependable supporter.  The costing scale shall be developed and formulated by the municipal and county (city) authorities.

 

Article 43

In case the children and youth fall in any condition defined in paragraph 1 of articles 30 and 36, or see in person the domestic violence that the municipal and county (city) authorities register them as protective cases, the authorities concerned shall prepare an program on family condition of the children and youth, and may entrust the children and youth welfare institutions or groups to undertake the case whenever appropriate.

 

The elements of program on family condition shall include family function evaluation, safety of the children or youth concerned, and evaluation of placement, parental education, psychological counseling, psychiatric treatment, abstinence treatment, or any aid and welfare service programs relating to protection of children and youth concerned, or a normal family function.

 

The children and youth concerned, their parents, guardians, or the individuals actually looking after them or other related parties shall work together to implement of the program on family condition.

 

Article 44

The case study on the children and youth to be protected, placed, visited, investigated, evaluated, counseled or treated, or their family shall be established, and regular follow-up evaluation shall be undertaken.

 

Any secret or privacy and documents produced or held in job shall not be disclosed or publicized without any rationale grounds.

 

Article 45

Local authorities concerned shall undertake follow-up counseling and provide necessary welfare services to the children or youth or their family transferred or entrusted to place in accordance with Act Governing the Youth Events.

 

The follow-up counseling and welfare services may be entrusted to the children and youth welfare institutions.

 

Article 46

No publicity materials, publications, broadcasting and television, website information or other media shall report or write the name or any information that may be identify the children or youth concerned suffering the behaviors as stated in article 30 or paragraph 1 of article 36.  This provision also apply to the cases of children or youth using drugs, illegally using prohibited substances or any substances to their physical or mental health.

 

Any documents that should be made known to the public by administrative and judiciary organizations shall not disclose any information that may identify the status of the children and youth.

 

Any one other than those mentioned in previous two paragraphs shall not reveal in media, information system or public announcement any information relating to identity of children and youth as indicated in paragraph 1.

 

Article 47

The municipal and county (city) authorities when considering appropriate and necessary shall undertake or entrust children and youth welfare institutions or groups to undertake visit, investigation and treatment.

 

When the municipal and county (city) authorities or the entrusted institutions or groups undertake visit, investigation and treatment, the parents, guardians, individuals actually looking after the children and youth concerned, teachers, employers, medical staff and other related personnel shall cooperate with them and provide necessary information.  Whenever necessary, the authorities concerned may request assistance from policing, household, financial, education or other related authorities or agencies, which should cooperate with them.

 

Article 48

In case the parents or guardian(s) seriously fail to protect or look after the children and youth or are found with the behaviors as indicated in article 30 and paragraph 1 of article 36, or fail to prohibit the children or youth from using drugs, illegally using prohibited substances, the children and youth, or their most intimate senior relatives, authorities concerned, children and youth welfare institutions or any other interested parties may request to the court for suspending the whole or part of parental rights or guardianship, or for selecting or re-appointing the guardian(s).  In case of adoptive parents, a request for termination of adoption may be submitted to the court.

 

When the court selects or re-appoints the guardian(s) in accordance with previous paragraph, the court may designate the authorities concerned, the responsible persons of the children and youth welfare institutions or other appropriate parties to be the guardian(s) of the children or youth concerned, and may designate the guardian methods, and order their parents, former guardian(s) or other dependable supporters to hand the children to them and to pay certain living cost and rewards to the selected or re-appointed guardian(s), so as to take any other necessary measures or actions.

 

The decision as indicated in previous paragraph shall be entitled to implement.

 

Article 49

In case of any evidence showing that the property rights of the children and youth may be infringed, the authorities concerned may request the court, for purpose of management, use, gains or disposal of the properties of the children and youth, to designate or re-appoint the social administration or other appropriate personnel as guardian or designate the guardian methods, as well as to designate or re-appoint the trustee to manage the whole or part of properties.

 

Before the decision as indicated in previous paragraph is made, the authorities concerned shall custody the properties of the children and youth concerned.

 

Chapter V – Welfare Institutions

Article 50

The children and youth welfare institutions are categorized as follows:

1.     Babysitting and nursery institutions;

2.     Early treatment institutions;

3.     Placement and Education institutions;

4.     Psychological counseling or family counseling institutions;

5.     Other institutions relating to children and youth welfare.

 

The criteria for the size, area, facilities, personnel of the children and youth welfare institutions indicated in previous paragraph and its business scopes shall be established and formulated by the central government authorities.

 

The authorities concerned at all levels shall encourage, or entrust civilian groups or establish on their own the children and youth welfare institutions as mentioned in paragraph 1.  The business of the public children and youth welfare institutions under their governance may be entrusted to civilian groups whenever necessary.

 

Article 50-1 Babysitting and nursery institutions shall manage group insurance for preschool children accepted.

The competent authorities in municipal city, county (city) shall establish the scope, amount, payment methods, period, payment standards, rights and obligations, management method and other relevant matters regarding group insurance in preceding paragraph.

 

Article 51

Professional staff shall be recruited to undertake the businesses of children and youth welfare institutions.  The guidelines on classification, qualifications, training and courses for professionals shall be developed and formulated by the central government authorities.

 

Article 52

The children and youth welfare institutions incorporated by private or group agencies shall apply for permit to local authorities concerned.  In case of any fundraising and enjoying tax relief, the institution concerned shall register as corporate body within six (6) months after approval of the establishment.

 

In case of failing to register as corporate body within the specific period yet with rationale ground, the institution concerned may apply for extension, which shall not exceed three (3) months.  The permit will become void at the expiration date if failing to register.

 

The guidelines on application for permit, application procedures, validity of examination, withdrawal and rescission of the permit, supervision and management and other criteria to be followed shall be developed and formulated by the central government authorities.

 

Article 53

The children and youth welfare institutions shall not make use of its business for any improper publicity or advertising.  Any donation or contribution received shall make it known to the public.  The institution shall not take advantage of donation for purpose other than the purpose at foundation.

 

The authorities concerned shall guide, supervise, inspect, evaluate and assess, and reward the children and youth welfare institutions.

 

The guidelines on objects, items, methods of evaluation and assessment, and method of reward shall be developed and formulated by the authorities concerned.

 

Chapter VI – Penalty

Article 54

In case midwife is found against the article 13, the health authorities may be fined with a penalty of more than New Taiwan Dollars Six Thousand (NT$6,000) less than New Taiwan Dollars Thirty Thousand (NT$30,000).

 

Article 55

In case the parents, guardian(s) or other individuals actually looking after the children or youth found seriously against paragraph 2 of article 26 will be fined with a penalty of more than New Taiwan Dollars Ten Thousand (NT$10,000) less than New Taiwan Dollars Fifty Thousand (NT$50,000).

 

Any one who supplies the children and youth the cigarette, alcohol or betel nut to the children and youth may be fined with a penalty of more than New Taiwan Dollars Three Thousand (NT$3,000) less than New Taiwan Dollars Fifteen Thousand (NT$15,000).

 

Any one who supplies drugs, illegally supplies prohibited substances or any substances harmful to physical and mental health of children and youth may be fined with a penalty of more than New Taiwan Dollars Sixty Thousand (NT$60,000) less than New Taiwan Dollars Three Hundred Thousand (NT$300,000).

 

Any one who supplies the children and youth any publications, pictures, videotapes, films, compact discs, electronic signs, Internet or other products with content of violence, obscenity or sexual passion will be fined a penalty of more than New Taiwan Dollars Six Thousand (NT$6,000) less than New Taiwan Dollars Thirty Thousand (NT$30,000).

 

Article 56

In case the parents, guardian(s) or other individuals actually looking after the children or youth found against paragraph 2 of article 28 will be fined with a penalty of more than New Taiwan Dollars Ten Thousand (NT$10,000) less than New Taiwan Dollars Fifty Thousand (NT$50,000).

 

Any one who violates the provisions of paragraph 3, article 28 may be fined with a penalty of more than New Taiwan Dollars Twenty Thousand (NT$20,000) less than New Taiwan Dollars One Hundred Thousand (NT$100,000).  The name of the responsible person of the business will be made known to the public.

 

Article 57

In case the parents, guardian(s) or other individuals actually looking after the children or youth found against paragraph 1 of article 29 may be fined with a penalty of more than New Taiwan Dollars Twenty Thousand (NT$20,000) less than New Taiwan Dollars One Hundred Thousand (NT$100,000).  The name of the parents will be made known to the public.

 

Any one who violates the provisions of paragraph 2, article 29 may be fined with a penalty of more than New Taiwan Dollars Sixty Thousand (NT$60,000) less than New Taiwan Dollars Three Hundred Thousand (NT$300,000).  The name of the responsible person of the business will be made known to the public.  The place will be ordered to make improvement within a specific period.  If fail to improve within the specific period, the authorities concerned may transfer the case to the competent authorities to close the business or suspend for more than one (1) month less than one (1) year.

 

Article 58

Any one who violates the provisions of article 30 may be fined with a penalty of more than New Taiwan Dollars Sixty Thousand (NT$60,000) less than New Taiwan Dollars Three Hundred Thousand (NT$300,000).  The name of the responsible person of the business will be made known to the public.

 

Any one who violates the provisions of clause 12, paragraph 1, article 30 may be fined with a aggravated penalty of more than New Taiwan Dollars One Hundred Thousand (NT$100,000) less than New Taiwan Dollars Five Hundred Thousand (NT$500,000).  The business will be ordered to suspend for more than one (1) month less than one (1) year.

 

Article 59

Any one who violates the provisions of paragraph 2, article 31 may be fined with a penalty of more than New Taiwan Dollars Ten Thousand (NT$10,000) less than New Taiwan Dollars Fifty Thousand (NT$50,000).

 

Article 60

Any one who violates the provisions of article 32 may be fined with a penalty of more than New Taiwan Dollars Three Thousand (NT$3,000) less than New Taiwan Dollars Fifteen Thousand (NT$15,000).

 

Article 61

Any one who violates the provisions of paragraph 1, article 34 without any rationale ground may be fined with a penalty of more than New Taiwan Dollars Six Thousand (NT$6,000) less than New Taiwan Dollars Thirty Thousand (NT$30,000).

 

Article 62

Any one who violates the provisions of paragraph 2 of article 17, paragraph 5 of article 34, paragraph 2 of article 44, paragraph 3 of article 46 without any rationale ground may be fined with a penalty of more than New Taiwan Dollars Six Thousand (NT$10,000) less than New Taiwan Dollars Thirty Thousand (NT$30,000).

 

Article 63

Any one who violates the provisions of paragraph 1, article 46, the competent authorities may fine the responsible person and behaviorist with a penalty of more than New Taiwan Dollars Thirty Thousand (NT$30,000) less than New Taiwan Dollars Three Hundred Thousand (NT$300,000) respectively, and the products as mentioned in paragraph 1 of article 46 may be confiscated.

 

Article 64

The parents, guardian(s), individuals actually looking after the children and youth concerned, their teachers, employers, medical staff, and any related parties violate the provisions of paragraph 2, article 47 without any rationale ground may be fined with a penalty of more than New Taiwan Dollars Six Thousand (NT$6,000) less than New Taiwan Dollars Thirty Thousand (NT$30,000).  The penalty will be fined on time basis until they cooperate or provide the required information.

 

Article 65

When the parents, guardian(s) or individuals actually looking after the children and youth fall in following cases, the municipal and county (city) authorities concerned may mandate them to take more than eight (8) hours less than fifty (50) hours parental education and counseling and shall pay necessary cost.  The costing scale will be determined and fixed by the municipal and county (city) authorities.

 

1.     To fail to prohibit the children and youth from conducting the behavior as stated in clause 2, paragraph 1 of article 26 in accordance with provisions of paragraph 2 of article 26.

2.     To seriously violate the provisions of paragraph 2 of article 28, paragraph 1 of article 29, article 30 or article 32.

3.     One of the cases as stated in paragraph 1 of article 36.

 

The parents, guardian(s) and individuals actually looking after the children and youth who are mandated to take parental education and counseling may apply for postponement in case of failing to attend the course with rationale ground.

 

Those who reject to take parental education or counseling, or take less hours may be fined with a penalty of more than New Taiwan Dollars Three Thousand (NT$3,000) less than New Taiwan Dollars Fifteen Thousand (NT$15,000).  If reject to take the course after receiving second notice, the authorities concerned may carry on fining the penalty on time basis until the parties concerned take the course.

 

Article 66

In case of violation on paragraph 1 article 52, the authorities approving the foundation of such institutions may fine them with a penalty of more than New Taiwan Dollars Sixty Thousand (NT$60,000) less than New Taiwan Dollars Three Hundred Thousand (NT$300,000), and make known the name of the institution, and shall mandate the institution to undertake registration within specified period.  The institution will be fined on time basis if fail to register on time.

 

In case the authorities approving the foundation of such institutions to raise fund according to paragraph 1 of article 52 and the institution fail to respect the mandatory order, the approving authorities may fine them with a penalty of more than New Taiwan Dollars Sixty Thousand (NT$60,000) less than New Taiwan Dollars Three Hundred Thousand (NT$300,000), and to mandate the institution concerned to improve within specified period.  If fail to improve within the period, the authorities concerned may charge a fine on time basis and make known the name of institution with mandate to suspend more than one (1) day less than one (1) months.

 

The approving authorities may notify the children and youth welfare institutions in following cases of improvement within a specific period.  In case the institution concerned fails to improve within the said period, the authorities concerned may mandate the institution to suspend more than one (1) month less than one (1) year.

1.     To maltreat or harm the physical and mental health of the children and youth.

2.     To violate the laws or memorandum of contribution.

3.     The business operation does not comply with the purpose of foundation.

4.     The financial statement does not include qualified evidences or vouchers, the donation and contribution do not make known to the public, or the accounting records are not complete.

5.     To avoid, prevent or reject the guidance, inspection and supervision of the authorities concerned or the competent authorities.

6.     To make false declaration on all business reports.

7.     To expand, relocate or move, close up without following the relevant regulations.

8.     To provide insanitary meals and beverages, which are found true by the health authorities.

9.     To provide unsafe facilities and equipment.

10.  To fail to communicate with the municipal and county (city) authorities when finding the fact that the children or youth are maltreated.

11.  Fail to register as corporate body in accordance with paragraph 1 of article 52 and raise fund from other parties.

12.  Having any significant events that will affect the physical and mental health of children and youth.

 

The institution that is mandated to suspend its business and fails to observe the mandatory order will be fined with a penalty of more than New Taiwan Dollars Sixty Thousand (NT$60,000) less than New Taiwan Dollars Three Hundred Thousand (NT$300,000).  In case the institution still fails to suspend after being fined, the approving authorities may cancel its permit.

 

The approving authorities shall undertake proper placement of the children and youth in the institution, which is mandated to suspend, close, wind up, and to be withdrawn or cancelled its permit.  The children and youth institutions shall cooperate with the authorities concerned, if fail to do so, the institution will be mandated to execute the order and will be fined with a penalty of New Taiwan Dollars Sixty Thousand (NT$60,000) less than New Taiwan Dollars Three Hundred Thousand (NT$300,000).

 

Article 67

Any one who should be punished according to this Law will be punished in accordance with this Law.  However, the institution will be reported to the judiciary authorities in case of any alleged crime found.

 

Article 68

In case the institution refuses to pay the penalty fined in accordance with this Law within a specific period, the institution will be mandated to execute the penalty.

 

Chapter VII – Addendum

Article 69

This Law applies to any one at age of more than eighteen (18) years less than twenty (200 years old in case of any emergency protective placement required.

 

Article 70

Any adult who instigates, helps or uses children or youth to commit crime or commit crime together with them or intentionally commit crime to them will be aggravated the conviction up to a half of the sentences, unless otherwise the crime has been sentenced according to the special rules for punishment if the victims are children or youth.

 

The authorities concerned may take legal action alone against the crime on children and youth.

 

Article 71

If any parties who obtain the subsidies or rewards awarded in accordance with this Law in fraudulence or other improper ways, the authorities shall withdraw the punishment and mandate them to refund within a specific period.  In case of failing to do so, the mandatory execution will be implemented.  Any party involving in criminal responsibilities will be reported to the judiciary authorities.

 

Article 72

In case the dependable supporters of the children and youth fail to pay necessary expenses as stated in this Law, the authorities concerned considering the necessity of protecting the children and youth concerned will effect payment from the children and youth welfare budget in advance.

 

Article 73

In case any institutions for children welfare and for youth welfare obtaining permits before the enforcement of this Law, whose elements for foundation do not comply with the criteria or the authorized regulations, shall improve the condition within the specified period as announced by the central government authorities after the enforcement of the amendments of this Law.  If fail to do so, the institutions concerned will be disposed in accordance with this Law.

 

Article 74

The by-laws and recitals of this Law will be developed and formulated by the central government authorities.

 

Article 75

The Law will be enforced from the date of publication.

 

圖表附件(Attachments)